The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB431, s. 1 1Section 1. 51.20 (13) (ct) 1. of the statutes, as created by 1995 Wisconsin Act
2440
, is renumbered 51.20 (13) (ct) 2m. and amended to read:
AB431,3,123 51.20 (13) (ct) 2m. If the subject individual is before the court on a petition filed
4under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
5violation, or to have solicited, conspired or attempted to commit a violation, of s.
6940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
7948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor
8and the subject individual was not the victim's parent, the court shall require the
9individual to comply with the reporting requirements under s. 301.45 unless the
10court determines, after a hearing on a motion made by the individual, that the
11individual is not required to comply under s. 301.45 (1m), in which case subd. 3.
12applies
.
AB431, s. 2 13Section 2. 51.20 (13) (ct) 2. of the statutes, as created by 1995 Wisconsin Act
14440
, is renumbered 51.20 (13) (ct) 1m. and amended to read:
AB431,4,215 51.20 (13) (ct) 1m. Except as provided in subd. 1. subds. 2m. and 3., if the
16subject individual is before the court on a petition filed under a court order under s.
17938.30 (5) (c) 1. and is found to have committed any violation, or to have solicited,
18conspired or attempted to commit any violation, of ch. 940, 944 or 948 or ss. 943.01
19to 943.15, the court may require the subject individual to comply with the reporting
20requirements under s. 301.45 if the court determines that the underlying conduct

1was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest
2of public protection to have the subject individual report under s. 301.45.
AB431, s. 3 3Section 3. 51.20 (13) (ct) 3. of the statutes is created to read:
AB431,4,84 51.20 (13) (ct) 3. If the court determines under subd. 2m. that the subject
5individual is not required to comply with the reporting requirements under s. 301.45,
6the court may order the subject individual to comply with the reporting requirements
7if the court determines that it would be in the interest of public protection to have
8the subject individual report under s. 301.45.
AB431, s. 4 9Section 4. 301.45 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act
10440
, is amended to read:
AB431,4,1311 301.45 (1) Who is covered. (intro.) A Except as provided in sub. (1m), a person
12shall comply with the reporting requirements under this section if he or she meets
13any of the following criteria:
AB431, s. 5 14Section 5. 301.45 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 440,
15is amended to read:
AB431,4,1816 301.45 (1) (e) Is ordered by a court under sub. (1m) (c) or s. 51.20 (13) (ct) 1m.
17or 3.
, 938.34 (15m) (am) or (c), 971.17 (1m) (b) 2. 1m. or 3. or 973.048 (1m) or (3) to
18comply with the reporting requirements under this section.
AB431, s. 6 19Section 6. 301.45 (1m) of the statutes is created to read:
AB431,4,2220 301.45 (1m) Exception to registration requirement. (a) A person is not
21required to comply with the reporting requirements under this section if a court
22determines that all of the following apply:
AB431,5,223 1. The person meets the criteria under sub. (1) (a) to (dh) based on any violation,
24or on the solicitation, conspiracy or attempt to commit any violation, of s. 948.02 (1)

1or (2) or 948.025 or of a law of another state that is comparable to s. 948.02 (1) or (2)
2or 948.025.
AB431,5,63 2. At the time of the violation, or of the solicitation, conspiracy or attempt to
4commit the violation, of s. 948.02 (1) or (2) or 948.025 or of a law of another state that
5is comparable to s. 948.02 (1) or (2) or 948.025, the person was not more than 4 years
6older or not more than 4 years younger than the child.
AB431,5,157 (b) If a person believes that he or she is not required under par. (a) to comply
8with the reporting requirements under this section and the person is not before the
9court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048, the person
10may move a court to make a determination of whether par. (a) applies to the person.
11A motion made under this paragraph shall be filed with the circuit court for the
12county in which the person was convicted, adjudicated delinquent, found in need of
13protection or services or found not guilty or not responsible by reason of mental
14disease or defect, except that if the person meets the criteria of sub. (1) (dh) the person
15shall file the motion in the circuit court for the county in which he or she resides.
AB431,5,2016 (be) A person who files a motion under par. (b) shall send a copy of the motion
17to the district attorney for the county in which the motion is filed. The district
18attorney shall make a reasonable attempt to contact the victim of the crime that is
19the subject of the person's motion to inform the victim of his or her right to make or
20provide a statement under par. (bv).
AB431,5,2321 (bm) A court shall hold a hearing on a motion made by a person under par. (b).
22The district attorney who receives a copy of a motion under par. (be) may appear at
23the hearing.
AB431,6,324 (bv) Before deciding a motion filed under par. (b), the court shall allow the
25victim of the crime that is the subject of the motion to make a statement in court at

1the hearing under par. (bm) or to submit a written statement to the court. A
2statement under this paragraph must be relevant to the determinations that a court
3must make under pars. (b) and (c).
AB431,6,84 (c) Notwithstanding par. (a), if a court determines after a hearing under par.
5(bm) that the person is not required to comply with the reporting requirements under
6this section, the court may order the person to comply with the reporting
7requirements if the court determines that it would be in the interest of public
8protection to have the person report under this section.
AB431, s. 7 9Section 7. 301.45 (7) (c) (intro.) of the statutes, as affected by 1995 Wisconsin
10Act 440
, is amended to read:
AB431,6,1311 301.45 (7) (c) (intro.) A person about whom information is maintained in the
12registry under sub. (2) may request expungement of all pertinent information in the
13registry on if any of the grounds that his or her following applies:
AB431,6,15 141m. The person's conviction, delinquency adjudication, finding of need of
15protection or services or commitment has been reversed, set aside or vacated.
AB431,6,18 16(d) The department shall purge all of that the information maintained in the
17registry under sub. (2) concerning a person to whom par. (c) applies
if the department
18receives all of the following:
AB431, s. 8 19Section 8. 301.45 (7) (c) 1. and 2. of the statutes, as affected by 1995 Wisconsin
20Act 440
, are renumbered 301.45 (7) (d) 1. and 2., and 301.45 (7) (d) 2., as renumbered,
21is amended to read:
AB431,6,2522 301.45 (7) (d) 2. A certified copy of the court order reversing, setting aside or
23vacating the conviction, delinquency adjudication, finding of need of protection or
24services or commitment or a certified copy of the court's determination under sub.
25(1m) (b)
.
AB431, s. 9
1Section 9. 301.45 (7) (c) 2m. of the statutes is created to read:
AB431,7,52 301.45 (7) (c) 2m. A court has determined under sub. (1m) (b) that the person
3is not required to comply with the reporting requirements under this section and the
4court has not ordered the person to comply with the reporting requirements under
5sub. (1m) (c).
AB431, s. 10 6Section 10. 301.46 (2m) (at) of the statutes is created to read:
AB431,7,107 301.46 (2m) (at) Paragraphs (a) and (am) do not apply to a person to whom s.
8301.45 (1m) applies unless the person is required to comply with the reporting
9requirements under s. 301.45 by a court acting under s. 51.20 (13) (ct) 3., 301.45 (1m)
10(c), 938.34 (15m) (c), 971.17 (1m) (b) 3. or 973.048 (3).
AB431, s. 11 11Section 11. 938.34 (15m) (a) of the statutes, as created by 1995 Wisconsin Act
12440
, is renumbered 938.34 (15m) (bm) and amended to read:
AB431,7,2013 938.34 (15m) (bm) If the child juvenile is adjudicated delinquent on the basis
14of a violation, or the solicitation, conspiracy or attempt to commit a violation, of s.
15940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
16948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor
17and the child juvenile was not the victim's parent, the court shall require the person
18juvenile to comply with the reporting requirements under s. 301.45 unless the court
19determines, after a hearing on a motion made by the juvenile, that the juvenile is not
20required to comply under s. 301.45 (1m), in which case par. (c) applies
.
AB431, s. 12 21Section 12. 938.34 (15m) (b) of the statutes, as created by 1995 Wisconsin Act
22440
, is renumbered 938.34 (15m) (am) and amended to read:
AB431,8,423 938.34 (15m) (am) Except as provided in par. (a) pars. (bm) and (c), if the child
24juvenile is adjudicated delinquent on the basis of any violation, or the solicitation,
25conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01

1to 943.15, the court may require the child juvenile to comply with the reporting
2requirements under s. 301.45 if the court determines that the underlying conduct
3was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest
4of public protection to have the child juvenile report under s. 301.45.
AB431, s. 13 5Section 13. 938.34 (15m) (c) of the statutes is created to read:
AB431,8,106 938.34 (15m) (c) If the court determines under par. (bm) that the juvenile is not
7required to comply with the reporting requirements under s. 301.45, the court may
8order the juvenile to comply with the reporting requirements if the court determines
9that it would be in the interest of public protection to have the juvenile report under
10s. 301.45.
AB431, s. 14 11Section 14. 948.13 (2) of the statutes is amended to read:
AB431,8,1612 948.13 (2) Whoever has been convicted of a serious child sex offense and
13subsequently engages in an occupation or participates in a volunteer position that
14requires him or her to work or interact primarily and directly with children under
1516 years of age is guilty of a Class C felony. This subsection does not apply to a person
16who is exempt under a court order issued under sub. (2m).
AB431, s. 15 17Section 15. 948.13 (2m) of the statutes is created to read:
AB431,8,2318 948.13 (2m) (a) A person who has been convicted of a crime under s. 948.02 (1)
19or 948.025 (1) may petition the court in which he or she was convicted to order that
20the person be exempt from sub. (2) and permitted engage in an occupation or
21participate in a volunteer position that requires the person to work or interact
22primarily and directly with children under 16 years of age. The court may grant a
23petition filed under this paragraph if the court finds that all of the following apply:
AB431,9,3
11. At the time of the commission of the crime under s. 948.02 (1) or 948.025 (1)
2the person was not more than 4 years older or not more than 4 years younger than
3the child with whom the person had sexual contact or sexual intercourse.
AB431,9,54 2. It is not necessary, in the interest of public protection, to require the person
5to comply with sub. (2).
AB431,9,106 (b) A person filing a petition under par. (a) shall send a copy of the petition to
7the district attorney who prosecuted the person. The district attorney shall make a
8reasonable attempt to contact the victim of the crime that is the subject of the
9person's petition to inform the victim of his or her right to make or provide a
10statement under par. (d).
AB431,9,1211 (c) A court may hold a hearing on a petition filed under par. (a) and the district
12attorney who prosecuted the person may appear at the hearing.
AB431,9,1713 (d) Before deciding a petition filed under par. (a), the court shall allow the
14victim of the crime that is the subject of the petition to make a statement in court at
15any hearing held on the petition or to submit a written statement to the court. A
16statement under this paragraph must be relevant to the issues specified in par. (a)
171. and 2.
AB431, s. 16 18Section 16. 971.17 (1m) (b) 1. of the statutes, as created by 1995 Wisconsin Act
19440
, is renumbered 971.17 (1m) (b) 2m. and amended to read:
AB431,9,2520 971.17 (1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason
21of mental disease or defect for a violation, or for the solicitation, conspiracy or
22attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
23(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
24940.30 or 940.31 if the victim was a minor and the defendant was not the victim's
25parent, the court shall require the defendant to comply with the reporting

1requirements under s. 301.45 unless the court determines, after a hearing on a
2motion made by the defendant, that the defendant is not required to comply under
3s. 301.45 (1m), in which case subd. 3. applies
.
AB431, s. 17 4Section 17. 971.17 (1m) (b) 2. of the statutes, as created by 1995 Wisconsin Act
5440
, is renumbered 971.17 (1m) (b) 1m. and amended to read:
AB431,10,136 971.17 (1m) (b) 1m. Except as provided in subd. 1. subds. 2m. and 3., if the
7defendant under sub. (1) is found not guilty by reason of mental disease or defect for
8any violation, or for the solicitation, conspiracy or attempt to commit any violation,
9of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the defendant to
10comply with the reporting requirements under s. 301.45 if the court determines that
11the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that
12it would be in the interest of public protection to have the defendant report under s.
13301.45.
AB431, s. 18 14Section 18. 971.17 (1m) (b) 3. of the statutes is created to read:
AB431,10,1915 971.17 (1m) (b) 3. If the court determines under subd. 2m. that the defendant
16is not required to comply with the reporting requirements under s. 301.45, the court
17may order the defendant to comply with the reporting requirements if the court
18determines that it would be in the interest of public protection to have the defendant
19report under s. 301.45.
AB431, s. 19 20Section 19. 973.048 (1) of the statutes, as created by 1995 Wisconsin Act 440,
21is renumbered 973.048 (2m) and amended to read:
AB431,11,422 973.048 (2m) If a court imposes a sentence or places a person on probation for
23a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s.
24940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055,
25948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was

1a minor and the person was not the victim's parent, the court shall require the person
2to comply with the reporting requirements under s. 301.45 unless the court
3determines, after a hearing on a motion made by the person, that the person is not
4required to comply under s. 301.45 (1m), in which case sub. (3) applies
.
AB431, s. 20 5Section 20. 973.048 (2) of the statutes, as created by 1995 Wisconsin Act 440,
6is renumbered 973.048 (1m) and amended to read:
AB431,11,137 973.048 (1m) Except as provided in sub. (1) subs. (2m) and (3), if a court
8imposes a sentence or places a person on probation for any violation, or for the
9solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948
10or ss. 943.01 to 943.15, the court may require the person to comply with the reporting
11requirements under s. 301.45 if the court determines that the underlying conduct
12was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest
13of public protection to have the person report under s. 301.45.
AB431, s. 21 14Section 21. 973.048 (3) of the statutes is created to read:
AB431,11,1915 973.048 (3) If the court determines under sub. (2m) that the person is not
16required to comply with the reporting requirements under s. 301.45, the court may
17order the person to comply with the reporting requirements if the court determines
18that it would be in the interest of public protection to have the person report under
19s. 301.45.
AB431,11,2020 (End)
Loading...
Loading...