AB1027: Bill Text

LRB-5179/1

CMH:klm&ahe

2017 - 2018 LEGISLATURE

2017 Assembly BILL 1027

March 16, 2018 - Introduced by Representatives Spreitzer, Loudenbeck, Berceau, Kolste, Novak, Ohnstad, Quinn and Zepnick, cosponsored by Senators Ringhand and Nass. Referred to Committee on Corrections.

AB1027,1,3 An Act to renumber and amend 980.01 (4m); and to create 980.01 (4m) (b) of the statutes; relating to: definition of serious child sex offender for purposes of placing a sexually violent person on supervised release.

Analysis by the Legislative Reference Bureau

Under current law, a person who has been found to be a sexually violent person may be involuntarily committed to the Department of Health Services for control, care, and treatment. If a person is committed and placed in institutional care, the person may periodically petition the court for supervised release. If a court determines that supervised release is appropriate, DHS must prepare for the court a supervised release plan for the person that identifies a proposed residence. If the person is a serious child sex offender, the person may not be placed into a residence on a property that is adjacent to a property where a child's primary residence exists. Under current law a “serious child sex offender” is a person who has been convicted of first-degree or second-degree sexual assault of a child under the age of 13, repeated sexual assault of a child under the age of 13, or sexual assault of a child under the age of 13 placed in substitute care. Under this bill, the definition of serious child sex offender is expanded to include a person who has been convicted of any sexually violent offense against a person under the age of 16. This bill also adds that a person is a serious child sex offender if the person was convicted of an offense and, as part of a plea agreement, a sexually violent offense was uncharged or dismissed and the victim of the sexually violent offense was under the age of 16.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1027,1 Section 1 . 980.01 (4m) of the statutes is renumbered 980.01 (4m) (intro.) and amended to read:

AB1027,2,3 980.01 (4m) (intro.) “Serious child sex offender" means a any of the following:

AB1027,2,8 (a) A person who has been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness for committing a violation of a crime specified in s. 948.02 (1) or (2), 948.025 (1), or 948.085 sexually violent offense against a child who had not attained the age of 13 16 years.

AB1027,2 Section 2 . 980.01 (4m) (b) of the statutes is created to read:

AB1027,2,14 980.01 (4m) (b) A person who has been convicted for committing an offense if a sexually violent offense was uncharged or dismissed as part of a plea agreement, the victim of that sexually violent offense was a child who had not attained the age of 16 years, and that sexually violent offense was considered by the court at the time of sentencing the person for the offense for which the person was convicted.

AB1027,3 Section 3. Nonstatutory provisions.

AB1027,3,2 (1) If the residence of a serious child sex offender, as defined in section 980.01 (4m) of the statutes, does not comply with section 980.08 (4) (f) 4. of the statutes beginning on the effective date of this subsection, the court shall direct the preparation of another supervised release plan under section 980.08 (4) (f) of the statutes to be considered by the court under section 980.08 (4) (g) of the statutes as soon as practically possible.

AB1027,3,3 (End)