SB182: Bill Text

SB182, s. 65 Section 65. 971.17 (1m) (b) of the statutes is created to read:

SB182,32,24 971.17 (1m) (b) 1. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08, the court shall require the defendant to comply with the reporting requirements under s. 301.45.

SB182,33,7 2. Except as provided in subd. 1., if the defendant under sub. (1) is found not guilty by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the defendant to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the defendant report under s. 301.45.

SB182, s. 66 Section 66. 971.17 (4m) (title) of the statutes is amended to read:

SB182,33,9 971.17 (4m) (title) Notice to victims about conditional release.

SB182, s. 67 Section 67. 971.17 (4m) (b) of the statutes is renumbered 971.17 (4m) (b) (intro.) and amended to read:

SB182,33,14 971.17 (4m) (b) (intro.) If the court conditionally releases a defendant under this section, the district attorney shall notify all of the following person, if he or she can be found, in accordance with par. (c): the

SB182,33,17 1. The victim of the crime committed by the defendant or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.

SB182, s. 68 Section 68. 971.17 (4m) (b) 2. of the statutes is created to read:

SB182,33,19 971.17 (4m) (b) 2. The department of corrections.

SB182, s. 69 Section 69. 971.17 (4m) (c) of the statutes is amended to read:

SB182,34,2 971.17 (4m) (c) The notice under par. (b) shall inform the department of corrections and the person under par. (b) 1. of the defendant's name and conditional release date. The district attorney shall send the notice, postmarked no later than 7 days after the court orders the conditional release under this section, to the department of corrections and to the last-known address of the person under par. (b) 1.

SB182, s. 70 Section 70. 971.17 (4m) (d) of the statutes is amended to read:

SB182,34,6 971.17 (4m) (d) Upon request, the department of health and social services shall assist district attorneys in obtaining information regarding persons specified in par. (b) 1.

SB182, s. 71 Section 71. 971.17 (6m) (title) of the statutes is amended to read:

SB182,34,8 971.17 (6m) (title) Notice to victims about termination or discharge.

SB182, s. 72 Section 72. 971.17 (6m) (b) of the statutes is renumbered 971.17 (6m) (b) (intro.) and amended to read:

SB182,34,13 971.17 (6m) (b) (intro.) If the court orders that the defendant's commitment is terminated under sub. (5) or that the defendant be discharged under sub. (6), the department of health and social services shall notify the all of the following:

SB182,34,18 1. If the person has submitted a card under par. (d) requesting notification, the victim of the crime committed by the defendant, or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian, after the submission of a card under par. (d) requesting notification.

SB182, s. 73 Section 73. 971.17 (6m) (b) 2. of the statutes is created to read:

SB182,34,20 971.17 (6m) (b) 2. The department of corrections.

SB182, s. 74 Section 74. 971.17 (6m) (c) of the statutes is amended to read:

SB182,35,2 971.17 (6m) (c) The notice under par. (b) shall inform the department of corrections and the person under par. (b) 1. of the defendant's name and termination or discharge date. The department of health and social services shall send the notice, postmarked at least 7 days before the defendant's termination or discharge date, to the department of corrections and to the last-known address of the person under par. (b) 1.

SB182, s. 75 Section 75. 971.17 (6m) (d) of the statutes is amended to read:

SB182,35,13 971.17 (6m) (d) The department of health and social services shall design and prepare cards for persons specified in par. (b) 1. to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the applicable defendant and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (b) 1. These persons may send completed cards to the department. All departmental records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a request under sub. (4m) (d) or s. 301.46 (3) (d).

SB182, s. 76 Section 76. 971.19 (9) of the statutes is amended to read:

SB182,35,19 971.19 (9) In an action under s. 175.45 301.45 (6), the defendant may be tried in the defendant's county of residence at the time that the complaint is filed or, if the defendant does not have a county of residence in this state at the time that the complaint is filed, any county in which he or she has resided while subject to s. 175.45 301.45.

SB182, s. 77 Section 77. 973.047 (title) of the statutes is amended to read:

SB182,35,22 973.047 (title) Deoxyribonucleic acid analysis and reporting requirements.

SB182, s. 78 Section 78. 973.047 (1) (a) of the statutes is amended to read:

SB182,36,7 973.047 (1) (a) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. If the violation is of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the person to comply with the reporting requirements under s. 175.45. If the violation is of s. 940.225 (3) or (3m), the court may require the person to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the person report under s. 175.45.

SB182, s. 79 Section 79. 973.047 (1) (b) of the statutes is amended to read:

SB182,36,16 973.047 (1) (b) Except as provided in par. (a), if a court imposes a sentence or places a person on probation for any violation under chs. ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the person to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the person report under s. 175.45.

SB182, s. 80 Section 80. 973.048 of the statutes is created to read:

SB182,36,22 973.048 Sex offender reporting requirements. (1) If a court imposes a sentence or places a person on probation for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08, the court shall require the person to comply with the reporting requirements under s. 301.45.

SB182,37,4 (2) Except as provided in sub. (1), if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the person report under s. 301.45.

SB182, s. 81 Section 81. 980.063 of the statutes is created to read:

SB182,37,9 980.063 Deoxyribonucleic acid analysis requirements. (1) (a) If a person is found to be a sexually violent person under this chapter, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

SB182,37,12 (b) The results from deoxyribonucleic acid analysis of a specimen under par. (a) may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

SB182,37,15 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens under sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77.

SB182, s. 82 Section 82. 980.11 (title) of the statutes is amended to read:

SB182,37,18 980.11 (title) Notice to victims concerning supervised release or discharge.

SB182, s. 83 Section 83. 980.11 (2) (intro.) of the statutes is amended to read:

SB182,37,23 980.11 (2) (intro.) If the court places a person on supervised release under s. 980.06 or discharges a person under s. 980.09 or 980.10, the district attorney or department of justice, whichever is applicable, shall notify whichever all of the following:

SB182,37,25 (am) Whichever of the following persons is appropriate, if he or she can be found, in accordance with sub. (3):

SB182, s. 84 Section 84. 980.11 (2) (a) of the statutes is renumbered 980.11 (2) (am) 1.

SB182, s. 85 Section 85. 980.11 (2) (b) of the statutes is renumbered 980.11 (2) (am) 2.

SB182, s. 86 Section 86. 980.11 (2) (bm) of the statutes is created to read:

SB182,38,4 980.11 (2) (bm) The department of corrections.

SB182, s. 87 Section 87. 980.11 (2) (c) of the statutes is renumbered 980.11 (2) (am) 3.

SB182, s. 88 Section 88. 980.11 (3) of the statutes is amended to read:

SB182,38,13 980.11 (3) The notice under sub. (2) shall inform the department of corrections and the person under sub. (2) (am) of the name of the person committed under this chapter and the date the person is placed on supervised release or discharged. The department shall send the notice, postmarked at least 7 days before the date the person committed under this chapter is placed on supervised release or discharged, to the department of corrections and to the last-known address of the person under sub. (2) (am).

SB182, s. 89 Section 89. 980.11 (4) of the statutes is amended to read:

SB182,39,2 980.11 (4) The department shall design and prepare cards for persons specified in sub. (2) (am) to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the person committed under this chapter and any other information the department determines is necessary. The department shall provide the cards, without charge, to the department of justice and district attorneys. The department of justice and district attorneys shall provide the cards, without charge, to persons specified in sub. (2) (am). These persons may send completed cards to the department of health and social services. All records or portions of records of the department of health and social services that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a written request by a district attorney or the department of justice for assistance in locating persons to be notified corrections under sub. (2) s. 301.46 (3) (d).

SB182, s. 90 Section 90. Nonstatutory provisions.

SB182,39,5 (1)  Transfer of sex offender registration responsibilities to the department of corrections.

SB182,39,10 (a)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of justice that are primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of corrections.

SB182,39,15 (b)  Tangible personal property. On the effective date of this paragraph, the tangible personal property, including records, of the department of justice that is primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., as determined by the secretary of administration, is transferred to the department of corrections.

SB182,39,20 (c)  Rules. All rules promulgated by the department of justice that are primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., and that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of corrections.

SB182,40,2 (d)  Employes. The incumbent employes in the department of justice who are transferred to the department of corrections under Section 91 (2) of this act have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of corrections that they enjoyed in the department of justice immediately before transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

SB182, s. 91 Section 91 . Appropriation changes.

SB182,40,9 (1)  Increase in department of corrections appropriation. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $207,400 for fiscal year 1995-96 and the dollar amount is increased by $320,900 for fiscal year 1996-97 to perform duties relating to sex offender registration and community notification concerning sex offenders.

SB182,40,18 (2)   Transfer of sex offender registration responsibilities from department of justice to department of corrections. There is transferred from the appropriation to the department of justice under section 20.455 (2) (a) of the statutes, as affected by the acts of 1995, to the appropriation to the department of corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 1995, $214,400 for fiscal year 1996-97. Under this subsection, on July 1, 1996, 4.0 FTE GPR positions for the performance of duties relating to sex offender registration in the department of justice and the incumbents in those positions are transferred to the department of corrections.

SB182, s. 92 Section 92. Initial applicability.

SB182,40,22 (1)  Deoxyribonucleic acid analysis of sexually violent persons. The treatment of section 980.063 of the statutes first applies to persons who are found to be sexually violent persons on the effective date of this subsection.

SB182, s. 93 Section 93. Effective date.

SB182,40,24 (1)  This act takes effect on July 1, 1996.

SB182,40,25 (End)