February 13, 2013 - Introduced by Representatives Kleefisch and Bies,
cosponsored by Senator Olsen. Referred to Committee on Criminal Justice.
AB11,1,2 1An Act to create 301.475 of the statutes; relating to: notification requirements
2for registered sex offenders who are on school premises and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, 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. The sex offender registry contains specific information about a person required to register (registrant), such as the registrant's name, appearance, offense, address, and place of employment and any school in which the registrant is enrolled. A registrant must also periodically provide updated information to DOC if the information originally provided to the registry changes.
This bill generally prohibits a registrant from being in any school building, on
any school grounds, school recreation area, or school athletic field, or on any school
property owned, used, or operated for school administration unless the registrant
notifies the school.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.

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:
AB11,1 1Section 1. 301.475 of the statutes is created to read:
AB11,2,8 2301.475 Sex offenders to notify schools. (1) A person who is required to
3comply with the reporting requirements under s. 301.45 (1g) may not be on any
4school premises, as defined in s. 948.61 (1) (c), unless the school district
5administrator or his or her designee, if the premises are affiliated with a public
6school, or the governing body of the school, if the premises are affiliated with a
7private school or charter school, has been notified of the specific date, time, and place
8of the visit and of the person's status as a registered sex offender.
AB11,2,11 9(2) (a) Except as provided in par. (b), whoever knowingly violates sub. (1) is
10guilty of a misdemeanor and subject to a fine of not more than $10,000 or
11imprisonment not to exceed 9 months, or both.
AB11,2,1312 (b) Whoever knowingly violates sub. (1) as a 2nd or subsequent offense is guilty
13of a Class H felony.
AB11,2,14 14(3) Subsection (1) does not apply to the following:
AB11,2,1615 (a) A person who is on the school premises to vote if an election is being held
16that day and the person's polling place is on the school premises.
AB11,2,1817 (b) A person who is on the school premises to attend an event or activity that
18is not sponsored by the school.
AB11,3,219 (c) A person whose child is enrolled at the school if the person notifies the school
20district administrator or his or her designee, if the premises are affiliated with a
21public school, or the governing body of the school, if the premises are affiliated with

1a private school or charter school, that he or she is a registered sex offender and that
2he or she has a child enrolled at the school. The notification must occur as follows:
AB11,3,43 1. Except as provided in subds. 2., 3., and 4., at the beginning of each academic
4school year.
AB11,3,65 2. If the child is not enrolled at the beginning of the academic school year, when
6the child is first enrolled.
AB11,3,97 3. If the person is not subject to the reporting requirements under s. 301.45 (1g)
8at the beginning of the academic school year or when the child is first enrolled, when
9the person first becomes subject to the reporting requirements under s. 301.45 (1g).
AB11,3,1210 4. If subd. 1., 2., or 3. does not apply but the person is otherwise subject to the
11prohibition under sub. (1), when the person becomes subject to the prohibition under
12sub. (1).
AB11,3,1913 (d) A student who is enrolled at the school if the department, county
14department, licensed child welfare agency, or other person supervising the student
15under a dispositional order under s. 938.34, whichever is appropriate, works with the
16school district administrator or his or her designee, if the premises are affiliated with
17a public school, or with the governing body of the school, if the premises are affiliated
18with a private school or charter school, to ensure the safety of the students attending
19the school with the student.
AB11,4,2 20(3m) Unless sub. (3) (d) applies to a county department, licensed child welfare
21agency, or other person supervising a student under a dispositional order under s.
22938.34, the department shall work with a school district administrator or his or her
23designee or a governing body of a school, whichever is appropriate, as provided in
24sub. (3) (d), to ensure that a student who is required to comply with the reporting
25requirements under s. 301.45 (1g) is not prohibited under sub. (1) from being on the

1premises of the school at which he or she is enrolled and to ensure the safety of the
2other students attending the school.
AB11,4,7 3(4) The department shall make a reasonable attempt to notify each person
4required to comply with the reporting requirements under s. 301.45 (1g) of the
5prohibition under sub. (1), but neither the department's failure to make such an
6attempt nor the department's failure to notify a person of that prohibition is a defense
7to prosecution under this section.
AB11,4,13 8(5) It is an affirmative defense to a prosecution under this section that the
9defendant was traveling directly to the office of the school district administrator or
10his or her designee, if the premises are affiliated with a public school, or to the
11governing body of the school, if the premises are affiliated with a private school or
12charter school, to comply with sub. (1). A defendant who raises this affirmative
13defense has the burden of proving the defense by a preponderance of the evidence.
AB11,4,18 14(6) The school district administrator or his or her designee, if the premises are
15affiliated with a public school, or the governing body of the school, if the premises are
16affiliated with a private school or charter school, is immune from any civil or criminal
17liability for any good faith act or omission in connection with any notice given under
18sub. (1).
AB11,4,1919 (End)
Loading...
Loading...