Date of enactment: June 24, 1996
1995 Senate Bill 182 Date of publication*: July 8, 1996
* Section 991.11, Wisconsin Statutes 1993-94: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1995 WISCONSIN ACT 440
An Act to repeal 175.45 (9); to renumber 175.45 (title), 175.45 (1) (intro.), 175.45 (3) (title), 175.45 (3) (a) (intro.), 175.45 (7) (b), 980.11 (2) (a), 980.11 (2) (b) and 980.11 (2) (c); to renumber and amend 175.45 (1) (a), 175.45 (1) (b), 175.45 (1) (c), 175.45 (1) (d), 175.45 (1) (e), 175.45 (2) (title), 175.45 (2), 175.45 (3) (a) 1., 175.45 (3) (a) 2., 175.45 (3) (a) 3., 175.45 (3) (a) 4., 175.45 (3) (b), 175.45 (4), 175.45 (5), 175.45 (6), 175.45 (7) (title), 175.45 (7) (a), 175.45 (7) (c), 175.45 (8), 971.17 (1m), 971.17 (4m) (b) and 971.17 (6m) (b); to amend 51.20 (13) (cr), 51.375 (1) (a) and (d), 165.76 (2) (b) 3., 165.76 (3), 165.765 (1), 165.765 (2) (a), 165.77 (2) (b), 165.77 (3), 301.132 (1) (c), 938.185 (3), 938.34 (15) (title), 938.34 (15) (a) 1., 938.34 (15) (a) 2., 942.06 (1), 942.06 (2), 950.045, 971.17 (4m) (title), 971.17 (4m) (c), 971.17 (4m) (d), 971.17 (6m) (title), 971.17 (6m) (c), 971.17 (6m) (d), 971.19 (9), 973.047 (title), 973.047 (1) (a), 973.047 (1) (b), 980.11 (title), 980.11 (2) (intro.), 980.11 (3) and 980.11 (4); to repeal and recreate 165.76 (3), 165.765 (1), 165.765 (2) (a), 165.77 (2) (b), 165.77 (3) and 950.045; and to create 20.410 (1) (gc), 20.435 (6) (gs), 48.396 (2) (f), 51.20 (13) (ct), 51.30 (3) (d), 51.30 (4) (b) 24., 51.375, 165.76 (1) (d), 165.76 (1) (e), 165.76 (2) (b) 3m., 165.76 (2) (b) 4., 165.76 (2) (b) 6., 165.8285, 301.132, 301.45 (1) (bm), 301.45 (1) (dd), 301.45 (1) (dh), 301.45 (1) (dp), 301.45 (1) (dt), 301.45 (2) (a), 301.45 (2) (b), 301.45 (2) (d), 301.45 (2) (e), 301.45 (3) (a) 1m., 301.45 (3) (a) 2m., 301.45 (3) (a) 3g., 301.45 (3) (a) 3r., 301.45 (3) (b) 1m., 301.45 (3) (b) 3., 301.45 (3) (b) 3m., 301.45 (4m), 301.45 (5) (a) 1m., 301.45 (5) (a) 2m., 301.45 (5) (a) 3m., 301.45 (5) (b), 301.45 (6) (c), 301.45 (9), 301.46, 304.137, 938.34 (15m), 938.396 (2) (em), 939.646, 942.06 (2m) and (2q), 971.17 (1m) (b), 971.17 (4m) (b) 2., 971.17 (6m) (b) 2., 973.048, 980.063 and 980.11 (2) (bm) of the statutes; relating to: sex offender registration requirements, the release to certain persons of information concerning sex offenders required to register, requiring persons who are found to be sexually violent persons to provide biological specimens for deoxyribonucleic acid analysis, administering lie detector tests to sex offenders, granting rule-making authority, making appropriations and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
440,1 Section 1. 20.410 (1) (gc) of the statutes is created to read:
20.410 (1) (gc) Sex offender honesty testing. All moneys received from probation and parole clients who are required to pay for polygraph examinations, as prescribed by rule in accordance with s. 301.132 (3), for expenditures related to the lie detector test program for probationers and parolees under s. 301.132.
440,1m Section 1m. 20.435 (6) (gs) of the statutes is created to read:
20.435 (6) (gs) Sex offender honesty testing. All moneys received from persons who are required to pay for polygraph examinations, as prescribed by rule in accordance with s. 51.375 (3), for expenditures related to the lie detector test program for persons under s. 51.375.
440,2 Section 2. 48.396 (2) (f) of the statutes is created to read:
48.396 (2) (f) Upon request of the department of corrections to review court records for the purpose of obtaining information concerning a child required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department of corrections the records of the court relating to any child who has been found in need of protection or services for an offense specified in s. 301.45 (1) (a). The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.
440,3 Section 3. 51.20 (13) (cr) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
51.20 (13) (cr) If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting and testing requirements of s. 175.45.
440,4 Section 4. 51.20 (13) (ct) of the statutes is created to read:
51.20 (13) (ct) 1. If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation, or to have solicited, conspired or attempted to commit a violation, of s. 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the subject individual was not the victim's parent, the court shall require the individual to comply with the reporting requirements under s. 301.45.
2. Except as provided in subd. 1., if the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed any violation, or to have solicited, conspired or attempted to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the subject individual to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the subject individual report under s. 301.45.
440,5 Section 5. 51.30 (3) (d) of the statutes is created to read:
51.30 (3) (d) The department of corrections shall have access to the files and records of court proceedings under this chapter concerning an individual required to register under s. 301.45. The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.
440,6 Section 6. 51.30 (4) (b) 24. of the statutes is created to read:
51.30 (4) (b) 24. To the department of corrections for the purpose of obtaining information concerning a person required to register under s. 301.45. The department of corrections may disclose information that it receives under this subdivision as provided under s. 301.46.
440,7 Section 7. 51.375 of the statutes is created to read:
51.375 Honesty testing of sex offenders. (1) In this section:
(a) "Community placement" means conditional transfer into the community under s. 51.35 (1) or conditional release under s. 971.17.
(b) "Lie detector" has the meaning given in s. 111.37 (1) (b).
(c) "Polygraph" has the meaning given in s. 111.37 (1) (c).
(d) "Sex offender" means a person committed to the department who meets any of the criteria specified in s. 175.45 (1), regardless of whether he or she is required to register under s. 175.45 (3).
(2) The department may require, as a condition of a community placement, that a sex offender submit to a lie detector test when directed to do so by the department.
(3) The department shall promulgate rules establishing a lie detector test program for sex offenders who are in a community placement. The rules shall provide for assessment of fees upon persons committed to the department to partially offset the costs of the program.
440,8 Section 8. 51.375 (1) (a) and (d) of the statutes, as created by 1995 Wisconsin Act .... (this act), are amended to read:
51.375 (1) (a) "Community placement" means conditional transfer into the community under s. 51.35 (1) or , conditional release under s. 971.17, parole from a commitment for specialized treatment under ch. 975 or conditional release under ch. 980.
(d) "Sex offender" means a person committed to the department who meets any of the criteria specified in s. 175.45 (1), regardless of whether he or she is required to register under s. 175.45 (3) 301.45 (1).
440,9 Section 9. 165.76 (1) (d) of the statutes is created to read:
165.76 (1) (d) Is found to be a sexually violent person under ch. 980 on or after June 2, 1994.
440,10 Section 10. 165.76 (1) (e) of the statutes is created to read:
165.76 (1) (e) Is on parole or probation in this state from another state under s. 304.13 or 304.135 on or after the effective date of this paragraph .... [revisor inserts date], for a violation of the law of another state that the department of corrections determines, under s. 304.137, is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.
440,11 Section 11. 165.76 (2) (b) 3. of the statutes is amended to read:
165.76 (2) (b) 3. If the person has been committed to the department of health and social services under s. 51.20 or 971.17 or found to be a sexually violent person under ch. 980, he or she shall provide the specimen under par. (a) as directed by the department of health and social services.
440,12 Section 12. 165.76 (2) (b) 3m. of the statutes is created to read:
165.76 (2) (b) 3m. If the person is on parole or probation in this state from another state under s. 304.13 or 304.135, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation and parole agent.
440,13 Section 13. 165.76 (2) (b) 4. of the statutes is created to read:
165.76 (2) (b) 4. If subds. 1. to 3m. do not apply, the department of justice shall specify in its order the time and procedure for the person to provide the specimen under par. (a).
440,14 Section 14. 165.76 (2) (b) 6. of the statutes is created to read:
165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub. (1) (e) and who is on parole or probation in this state from another state on the effective date of this subdivision .... [revisor inserts date], the department of justice and the department of corrections shall cooperate to have these persons provide specimens under par. (a) before July 1, 2000.
440,15 Section 15. 165.76 (3) of the statutes is amended to read:
165.76 (3) If a person is required to submit a biological specimen under s. 48.34 (15), 51.20 (13) (cr), 971.17 (1m) or (a), 973.047 or 980.063, he or she shall comply with that requirement and is not required to comply with this section.
440,16 Section 16. 165.76 (3) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:
165.76 (3) If a person is required to submit a biological specimen under s. 51.20 (13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, he or she shall comply with that requirement and is not required to comply with this section.
440,17 Section 17. 165.765 (1) of the statutes is amended to read:
165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
440,18 Section 18. 165.765 (1) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:
165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 165.76, 938.34 (15), 973.047 or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
440,19 Section 19. 165.765 (2) (a) of the statutes is amended to read:
165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
440,20 Section 20. 165.765 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:
165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 165.76, 938.34 (15), 973.047 or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
440,21 Section 21. 165.77 (2) (b) of the statutes is amended to read:
165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 48.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m) or (a), 973.047 or 980.063.
440,22 Section 22. 165.77 (2) (b) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:
165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063.
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