The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB714, s. 1 1Section 1. 301.45 (1d) (b) of the statutes is renumbered 301.45 (1d) (b) (intro.)
2and amended to read:
AB714,2,33 301.45 (1d) (b) (intro.) "Sex offense" means a any of the following:
AB714,2,7 41. A violation, or the solicitation, conspiracy or attempt to commit a violation,
5of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05,
6948.055, 948.06, 948.07, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 or
7948.30, or.
AB714,3,3
12. A violation, or the solicitation, conspiracy, or attempt to commit a violation,
2of s. 940.30 or 940.31 if the victim was a minor and the person who committed the
3violation was not the victim's parent.
AB714, s. 2 4Section 2. 301.45 (1d) (b) 3. of the statutes is created to read:
AB714,3,75 301.45 (1d) (b) 3. A violation, or the solicitation, conspiracy, or attempt to
6commit a violation, of s. 942.08 (2) occurring on or after the effective date of this
7subdivision .... [revisor inserts date].
AB714, s. 3 8Section 3. 301.45 (1m) (title) of the statutes is amended to read:
AB714,3,109 301.45 (1m) (title) Exception to registration requirement; underage sexual
10activity
.
AB714, s. 4 11Section 4. 301.45 (1p) of the statutes is created to read:
AB714,3,1712 301.45 (1p) Exception to registration requirement; expungement of invasion
13of privacy conviction.
A person who is covered under sub. (1g) based solely on a
14delinquency adjudication or conviction for a violation of s. 942.08 (2) (b) or (c) is not
15required to comply with the reporting requirements under this section if the
16delinquency adjudication is expunged under s. 938.355 (4m) (b) or if the conviction
17is expunged under s. 973.015 (2).
AB714, s. 5 18Section 5. 301.45 (7) (e) of the statutes is created to read:
AB714,3,2119 301.45 (7) (e) The department shall purge all of the information maintained
20in the registry under sub. (2) concerning a person to whom sub. (1p) applies if any
21of the following occurs:
AB714,3,2422 1. The department receives notice under s. 938.355 (4m) (b) that a court has
23expunged the record of the person's delinquency adjudication for the violation
24described in sub. (1p).
AB714,3,2525 2. The department issues a certificate of discharge under s. 973.015 (2).
AB714,4,2
13. The department receives a certificate of discharge issued under s. 973.015
2(2) by the detaining authority.
AB714, s. 6 3Section 6. 938.355 (4m) of the statutes is renumbered 938.355 (4m) (a) and
4amended to read:
AB714,4,105 938.355 (4m) (a) A juvenile who has been adjudged delinquent may, on
6attaining 17 years of age, petition the court to expunge the court's record of the
7juvenile's adjudication. The Subject to par. (b), the court may expunge the court's
8record of the juvenile's adjudication if the court determines that the juvenile has
9satisfactorily complied with the conditions of his or her dispositional order and that
10the juvenile will benefit and society will not be harmed by the expungement.
AB714, s. 7 11Section 7. 938.355 (4m) (b) of the statutes is created to read:
AB714,4,1712 938.355 (4m) (b) The court shall expunge the court's record of a juvenile's
13adjudication if it was the juvenile's first adjudication based on a violation of s. 942.08
14(2) (b) or (c) and if the court determines that the juvenile has satisfactorily complied
15with the conditions of his or her dispositional order. Notwithstanding s. 938.396 (2)
16(a), the court shall notify the department promptly of any expungement under this
17paragraph.
AB714, s. 8 18Section 8. 942.08 (1) (b) of the statutes is amended to read:
AB714,4,2119 942.08 (1) (b) "Private place" means a place where a person may reasonably
20expect to be safe from surveillance being observed without his or her knowledge and
21consent
.
AB714, s. 9 22Section 9. 942.08 (2) of the statutes is renumbered 942.08 (2) (intro.) and
23amended to read:
AB714,4,2524 942.08 (2) (intro.) Whoever knowingly does any of the following is guilty of a
25Class A misdemeanor:
AB714,5,4
1(a) Knowingly installs a surveillance device in any private place, or uses a
2surveillance device that has been installed in a private place, with the intent to
3observe any nude or partially nude person without the consent of the person observed
4is guilty of a Class A misdemeanor.
AB714, s. 10 5Section 10. 942.08 (2) (b) of the statutes is created to read:
AB714,5,96 942.08 (2) (b) For the purpose of sexual arousal or gratification and without the
7consent of any person who is present in the private place, looks into a private place
8that is or is part of a public accommodation, as defined in s. 134.48 (1) (b), and in
9which a person may reasonably be expected to be nude or partially nude.
AB714, s. 11 10Section 11. 942.08 (2) (c) of the statutes is created to read:
AB714,5,1511 942.08 (2) (c) Enters private property without the consent of any person
12present on the property and, for the purpose of sexual arousal or gratification, with
13the intent to intrude upon or interfere with the privacy of another, and without the
14consent of any person who is present in the dwelling, looks into the dwelling of
15another.
AB714, s. 12 16Section 12. 973.015 (1) of the statutes is renumbered 973.015 (1) (a) and
17amended to read:
AB714,5,2318 973.015 (1) (a) When Subject to par. (b), when a person is under the age of 21
19at the time of the commission of an offense for which the person has been found guilty
20in a court for violation of a law for which the maximum penalty is imprisonment for
21one year or less in the county jail, the court may order at the time of sentencing that
22the record be expunged upon successful completion of the sentence if the court
23determines the person will benefit and society will not be harmed by this disposition.
AB714, s. 13 24Section 13. 973.015 (1) (b) of the statutes is created to read:
AB714,6,4
1973.015 (1) (b) The court shall order at the time of sentencing that the record
2be expunged upon successful completion of the sentence if the offense was a violation
3of s. 942.08 (2) (b) or (c) and the person was under the age of 18 when he or she
4committed it.
AB714, s. 14 5Section 14. 973.015 (2) of the statutes is amended to read:
AB714,6,136 973.015 (2) A person has successfully completed the sentence if the person has
7not been convicted of a subsequent offense and, if on probation, the probation has not
8been revoked and the probationer has satisfied the conditions of probation. Upon
9successful completion of the sentence the detaining or probationary authority shall
10issue a certificate of discharge which shall be forwarded to the court of record and
11which shall have the effect of expunging the record. If the person has been
12imprisoned, the detaining authority shall also forward a copy of the certificate of
13discharge to the department.
AB714, s. 15 14Section 15. Initial applicability.
AB714,6,1615 (1) This act first applies to offenses committed on the effective date of this
16subsection.
AB714,6,1717 (End)
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