SB182: Bill Text

SB182,28,23 c. The personnel office of a sheltered workshop, as defined in s. 104.01 (6).

SB182,29,3 d. Any other community-based public or private, nonprofit organization that the department determines should have access to information under this subsection in the interest of protecting the public.

SB182,29,4 (am) An entity may make a request under par. (a) for any of the following:

SB182,29,5 1. Information concerning a specific person registered under s. 301.45.

SB182,29,8 2. The names of and information concerning all persons registered under s. 301.45 who reside, are employed or attend school in the entity's community, district, jurisdiction or other applicable geographical area of activity.

SB182,29,10 (b) In response to a request under par. (a), the department shall provide all of the following information:

SB182,29,12 1. The name of the person who has registered under s. 301.45, including any aliases the person has used.

SB182,29,15 2. The date of the person's conviction, adjudication or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated or committed.

SB182,29,17 3. The make, model and license number of any motor vehicle that the person owns or that is registered in the person's name.

SB182,29,18 4. The most recent date on which the information under s. 301.45 was updated.

SB182,29,22 (c) On the request of a police chief or a sheriff, the department shall provide the police chief or sheriff with a list of entities in the police chief's community or the sheriff's county that have requested information under par. (a) for use by the police chief or sheriff under sub. (2m) (c).

SB182,30,3 (5) Access to information for general public. (a) A police chief or sheriff may provide the information specified in par. (b) concerning a specific person required to register under s. 301.45 to a person who is not provided notice or access under subs. (2) to (4) if, in the opinion of the police chief or sheriff, providing the information is necessary to protect the public and if the person requesting the information does all of the following:

SB182,30,5 1. Submits a written request for information in a form and manner prescribed by the police chief or sheriff.

SB182,30,7 2. Specifies by name the person about whom he or she is requesting the information.

SB182,30,8 3. States his or her purpose for requesting the information.

SB182,30,11 4. Provides any other information the police chief or sheriff considers necessary to determine accurately whether the person specified in subd. 2. is registered under s. 301.45.

SB182,30,14 (b) If a police chief or sheriff provides information under par. (a), he or she shall provide all of the following concerning the person specified in the request under par. (a) 2.:

SB182,30,17 1. The date of the person's conviction, adjudication or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated or committed.

SB182,30,19 2. The make, model and license number of any motor vehicle that the person owns or that is registered in the person's name.

SB182,30,20 3. The most recent date on which the information under s. 301.45 was updated.

SB182,30,25 (6) Period of notification of and access to information. (a) Except as provided in par. (b), the department or an agency with jurisdiction may provide notice of or access to information under subs. (2) to (5) concerning a person registered under s. 301.45 only during the period under s. 301.45 (5) for which the person is required to comply with s. 301.45.

SB182,31,3 (b) The department or an agency with jurisdiction may provide access to any information collected under s. 301.45, regardless of whether the person is still required to be registered, to a law enforcement agency for law enforcement purposes.

SB182,31,8 (7) Immunity. A person acting under this section is immune from civil liability for any good faith act or omission regarding the release of information authorized under this section. The immunity under this subsection does not extend to a person whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.

SB182,31,10 (8) Rules. The department shall promulgate rules necessary to carry out its duties under this section.

SB182, s. 62 Section 62. 939.646 of the statutes is created to read:

SB182,31,14 939.646 Penalty; crimes committed using information obtained from the sex offender registry. If a person commits a crime using information that was disclosed to him or her under s. 301.46, the penalties may be increased as follows:

SB182,31,16 (1) In case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $1,000.

SB182,31,18 (2) In case of a felony, the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.

SB182, s. 63 Section 63. 950.045 of the statutes is amended to read:

SB182,32,11 950.045 Victims; application for parole or pardon; releases; corrections programs. Victims of crimes have the right to provide written statements concerning parole applications under s. 304.06 (1) (e), to have direct input in the parole decision-making process under s. 304.06 (1) (em) and to provide written statements concerning pardon applications under s. 304.10 (2). Victims of crimes have the right to be notified by district attorneys under s. 971.17 (4m) regarding conditional releases under s. 971.17. Victims of crimes have the right to be notified by the department of health and social services under s. 971.17 (6m) regarding terminations or discharges under s. 971.17. Victims of crimes have the right to be notified by the department of corrections under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 302.115 regarding the expiration of sentences and under s. 304.063 regarding parole releases. Victims of acts of sexual violence have the right to be notified by district attorneys or the department of justice under s. 980.11 regarding supervised releases under s. 980.06 and discharges under s. 980.09 or 980.10. Victims have the right to be notified of the registration of a person and the update of information regarding that person under s. 301.46.

SB182, s. 64 Section 64. 971.17 (1m) of the statutes is renumbered 971.17 (1m) (a) and amended to read:

SB182,32,18 971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation of s. 940.225 (1) or (2), 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 and to comply with the reporting requirements of s. 175.45.

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.