2001 - 2002 LEGISLATURE
June 21, 2001 - Introduced by Representatives Colon, Bock, Sinicki, Turner,
Musser, Riley, Wasserman, Young, Ott, Berceau
and Coggs, cosponsored by
Senators Burke, Darling and Hansen. Referred to Committee on Corrections
and the Courts.
AB452,1,4 1An Act to repeal 301.46 (5); to renumber and amend 301.46 (5n); to amend
2301.46 (2) (e) and 301.46 (2m) (c); and to create 301.46 (5g), 301.46 (5n) (a) and
3301.46 (5n) (b) 1. to 3. of the statutes; relating to: access to information
4regarding sex offenders and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, a person must register as a sex
offender if he or she commits certain sex offenses. Current law allows a court to order
a person to register as a sex offender if he or she has committed certain serious felony
offenses that are not sex offenses if a court finds that the offense was sexually
motivated. The sex offender registry is maintained by the department of corrections
(DOC) and contains specific information about persons required to register, such as
information concerning the person's offense, address, and place of employment. A
person registered as a sex offender must also periodically provide updated
information to DOC if the information originally provided to the registry changes.
Information in the sex offender registry is generally confidential. But when a
person first registers as a sex offender or when a registered sex offender updates
information in the registry, DOC must make the information available, via computer,
to the police chief and the sheriff (local law enforcement agencies) for the community
in which the person lives, works, or attends school. Current law also permits DOC
or the department of health and family services (DHFS), if it is responsible for
supervising a sex offender, to send a written bulletin to the local law enforcement
agencies for the community, if DOC or DHFS determines that public safety warrants

it and if the person has been found to have committed only one sex offense. The
written bulletin must contain the information contained on the registry regarding
the person and any other information that is necessary for public protection. If the
person has committed two or more sex offenses, DOC or DHFS must send a written
bulletin to the local law enforcement agencies. In addition, upon request, DOC must
release information from the registry to a victim of the registrant's crimes and must
release certain information from the registry to specified community organizations.
DOC or a local law enforcement agency may also release certain information to
members of the general public requesting it. Similarly, a local law enforcement
agency may release information that it has received from the registry or from a
bulletin if the local law enforcement agency believes that release of the information
is necessary to protect to the public.
Current law also requires that, no later than June 1, 2001, DOC establish an
Internet site containing information from the sex offender registry. The Internet site
must be organized in a manner that allows a person to get the information that DOC
is currently authorized or required to provide to the person. In addition, the site may
provide access to any other information that DOC determines is necessary to release
for protection of the public. DOC is also required to keep the site secure against
unauthorized alteration.
This bill ends the current system by which a member of the general public may
obtain information on a sex offender. In its place, the bill requires local law
enforcement agencies to provide information regarding sex offenders residing within
a county, city, village, town, or police precinct. The information must be in writing,
available in English and Spanish, and in a location and format that makes it
accessible to members of the public. The bill also requires local law enforcement
agencies to distribute a written notice containing that information to members of the
community twice each year. Under the bill, DOC must adopt rules specifying the
persons to whom and the manner by which that notice is to be provided.
The bill also expands the amount of information that DOC must make available
through the Internet site. Under the bill, DOC must make all of the information on
the registry, other than information unavailable under current law that relates to
children who are required to register or juvenile adjudications for sex offenses,
available through its Internet site. DOC must also make the information searchable
by name, address, and zip code.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB452, s. 1 1Section 1. 301.46 (2) (e) of the statutes is amended to read:
AB452,3,52 301.46 (2) (e) A police chief or sheriff may provide any of the information to
3which he or she has access under this subsection, other than information specified

1in subs. (4) (ag) and (5) (c), to an entity in the police chief's community or the sheriff's
2county that is entitled to request information under sub. (4), to any person requesting
3information under sub. (5) or to members of the general public
if, in the opinion of
4the police chief or sheriff, providing that information is necessary to protect the
5public.
AB452, s. 2 6Section 2. 301.46 (2m) (c) of the statutes is amended to read:
AB452,3,137 301.46 (2m) (c) A police chief or sheriff who receives a bulletin under this
8subsection may provide any of the information in the bulletin, other than
9information specified in subs. (4) (ag) and (5) (c), to an entity in the police chief's
10community or the sheriff's county that is entitled to request information under sub.
11(4), to any person requesting information under sub. (5) or to members of the general
12public
if, in the opinion of the police chief or sheriff, providing that information is
13necessary to protect the public.
AB452, s. 3 14Section 3. 301.46 (5) of the statutes is repealed.
AB452, s. 4 15Section 4. 301.46 (5g) of the statutes is created to read:
AB452,3,1816 301.46 (5g) Access to information for general public. (a) Except as provided
17in par. (e), a police chief or sheriff shall provide information to the public regarding
18sex offenders as follows:
AB452,3,2319 1. If a police department has precinct stations, the police chief shall provide the
20information listed in sub. (2) (b) regarding sex offenders residing within the precinct
21to members of the public at the precinct police station. Otherwise, the police chief
22shall provide the information listed in sub. (2) (b) regarding sex offenders residing
23within the city, village, or town to members of the public at police headquarters.
AB452,4,3
12. Each sheriff shall provide the information listed in sub. (2) (b) regarding sex
2offenders residing within the county to members of the public at the sheriff's office,
3unless the information must be provided under subd. 1.
AB452,4,64 (b) The police chief or the sheriff shall provide the information required under
5par. (a) in both English and Spanish in a location and in a written format that make
6it readily accessible to members of the public.
AB452,4,107 (c) 1. Semiannually, the police chief, with respect to each sex offender covered
8under par. (a) 1., or the sheriff, with respect to each sex offender covered under par.
9(a) 2., shall distribute a written notice to members of the community in which the sex
10offender resides. The notice shall include the information listed under sub. (2) (b).
AB452,4,1211 2. The department shall promulgate rules specifying the persons to whom and
12the manner in which the notice described under subd. 1. is to be provided.
AB452,4,1413 (d) Except as provided in par. (e), a police chief or sheriff may also do any of the
14following if he or she determines that it is necessary to do so to protect the public:
AB452,4,1615 1. If he or she receives a bulletin under sub. (2m), provide information in the
16bulletin to members of the public with the information provided under par. (a) or (c).
AB452,4,1917 2. Provide information from a bulletin he or she receives under sub. (2m) or any
18of the information listed in sub. (2) (b) in any manner other than that described under
19par. (b) or required by rules promulgated under par. (c) 2.
AB452,4,2120 (e) A police chief or sheriff may not provide any of the following under this
21subsection:
AB452,4,2322 1. Any information concerning a child who is required to register under s.
23301.45.
AB452,4,2524 2. If the person required to register under s. 301.45 is an adult, any information
25concerning a juvenile proceeding in which the person was involved.
AB452, s. 5
1Section 5. 301.46 (5n) of the statutes is renumbered 301.46 (5n) (b) (intro.) and
2amended to read:
AB452,5,113 301.46 (5n) (b) (intro.) No later than June 1, 2001, the The department shall
4provide access to information concerning persons registered under s. 301.45 by
5creating and maintaining an Internet site and by any other means that the
6department determines is appropriate. The information provided through the
7Internet site shall be organized in a manner that allows a person using the Internet
8site to obtain the accessible information that the department is required to provide
9the person under sub. (2), (2m), (3), (4) or (5) and other information that the
10department determines is necessary to protect the public.
by doing any of the
11following:
AB452,5,14 12(c) The department shall keep the information provided on the Internet site
13created and maintained under this subsection and in other means used to allow
14access to the information secure against unauthorized alteration.
AB452, s. 6 15Section 6. 301.46 (5n) (a) of the statutes is created to read:
AB452,5,1816 301.46 (5n) (a) In this subsection, "accessible information" means information
17that is listed under sub. (2) (b) and other information that the department
18determines is necessary to protect the public.
AB452, s. 7 19Section 7. 301.46 (5n) (b) 1. to 3. of the statutes are created to read:
AB452,5,2320 301.46 (5n) (b) 1. Entering the name of an individual to determine if that
21individual is listed on the Internet site. If that individual's name does appear on the
22site, the Internet site shall allow the person who entered the name to review all
23accessible information about that individual.
AB452,6,224 2 Entering an address to determine if any individual who resides at that
25address is listed on the Internet site. If an individual residing at that address is listed

1on the site, the Internet site shall allow the person who entered the address to review
2all accessible information about that individual.
AB452,6,63 3. Entering a zip code to be given a list of all of the persons who reside in that
4zip code and who are listed on the Internet site. The Internet site shall then allow
5the person who entered the zip code to select one or more individuals from that list
6and review all accessible information about that individual.
AB452, s. 8 7Section 8. Effective date.
AB452,6,98 (1) This act takes effect on the first day of the 6th month beginning after
9publication.
AB452,6,1010 (End)
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