LRB-4334/1
CMH:bjk:jf
2009 - 2010 LEGISLATURE
April 6, 2010 - Introduced by Representatives M. Williams, Suder, Mursau,
Kleefisch, LeMahieu, Gunderson
and Townsend, cosponsored by Senator
Darling. Referred to Committee on Corrections and the Courts.
AB934,1,4 1An Act to amend 301.45 (5) (a) (intro.), 301.45 (5) (b) (intro.), 301.45 (5m) (c) and
2973.048 (1m); and to create 301.45 (1g) (ed) and 973.048 (2d) of the statutes;
3relating to: sex offender registry requirements following certain plea
4agreements.
Analysis by the Legislative Reference Bureau
Under current law, a person must register with the Department of Corrections
(DOC) as a sex offender if he or she has been convicted of certain sex offenses, found
not guilty of certain sex offenses by reason of mental disease or defect, or adjudicated
delinquent on the basis of certain sex offenses. These sex offenses include sexual
assault of a child and repeated sexual assault of a child (child sex offense) and
first-degree, second-degree, and third-degree sexual assault. In addition, the
person must register with DOC as a sex offender if he or she commits other offenses
and the court determines that the underlying conduct was sexually motivated and
it would be in the interest of public protection for the person to register. These
offenses include fourth-degree sexual assault. Under this bill, a person over the age
of 17 must register with DOC as a sex offender, without a court determination, if a
child sex offense against an individual who has not attained the age of 13 years was
dismissed or uncharged as part of a plea agreement for fourth-degree sexual assault.

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:
AB934, s. 1 1Section 1. 301.45 (1g) (ed) of the statutes is created to read:
AB934,2,32 301.45 (1g) (ed) Is ordered by a court under s. 973.048 (2d) to comply with the
3reporting requirements under this section.
AB934, s. 2 4Section 2. 301.45 (5) (a) (intro.) of the statutes is amended to read:
AB934,2,75 301.45 (5) (a) (intro.) Except as provided in pars. (am) and (b), a person who
6is covered under sub. (1g) (a), (b), (bm), (c), (d), (dd), (dp), (e) , (ed), or (em) no longer
7has to comply with this section when the following applicable criterion is met:
AB934, s. 3 8Section 3. 301.45 (5) (b) (intro.) of the statutes is amended to read:
AB934,2,119 301.45 (5) (b) (intro.) A person who is covered under sub. (1g) (a), (b), (bm), (c),
10(d), (dd), (dp) or, (e), or (em) shall continue to comply with the requirements of this
11section until his or her death if any of the following applies:
AB934, s. 4 12Section 4. 301.45 (5m) (c) of the statutes is amended to read:
AB934,2,1513 301.45 (5m) (c) This subsection does not apply to a person who is required to
14register as a sex offender under one or more of the criteria specified in sub. (1g) (a),
15(b), (bm), (c), (d), (dd), (dp), (e), (ed), or (em).
AB934, s. 5 16Section 5. 973.048 (1m) of the statutes is amended to read:
AB934,3,217 973.048 (1m) Except as provided in sub. subs. (2d) and (2m), if a court imposes
18a sentence or places a person on probation for any violation, or for the solicitation,
19conspiracy, or attempt to commit any violation, under ch. 940, 944, or 948 or ss.
20942.08 or 943.01 to 943.15, the court may require the person to comply with the
21reporting requirements under s. 301.45 if the court determines that the underlying

1conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in
2the interest of public protection to have the person report under s. 301.45.
AB934, s. 6 3Section 6. 973.048 (2d) of the statutes is created to read:
AB934,3,54 973.048 (2d) The court shall require the person to comply with the reporting
5requirements under s. 301.45 if all of the following apply:
AB934,3,86 (a) An offense under s. 948.02 or 948.025 was uncharged or dismissed as part
7of a plea agreement that resulted in the judgment of conviction for a violation of s.
8940.225 (3m).
AB934,3,109 (b) The uncharged or dismissed offense under par. (a) was against a victim who
10had not attained the age of 13.
AB934,3,1211 (c) The person was at least 17 years of age when the uncharged or dismissed
12offense under par. (a) allegedly occurred.
AB934, s. 7 13Section 7. Initial applicability.
AB934,3,1514 (1) The treatment of section 973.048 (2d) of the statutes first applies to a
15judgment of conviction entered on the effective date of this subsection.
AB934,3,1616 (End)
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