Amendment ASA1-SB182

SB182-ASA1,9,6 301.45 (7) (c) (intro.) A person who has provided about whom information is maintained in the registry under sub. (2) may request expungement of all pertinent departmental information in the registry on the grounds that his or her conviction, delinquency adjudication, finding of need of protection or services or commitment has been reversed, set aside or vacated. The department shall purge all of that information if the department receives all of the following:

SB182-ASA1, s. 28 Section 28. 175.45 (8) of the statutes is renumbered 301.45 (8) and amended to read:

SB182-ASA1,9,14 301.45 (8) Rules. The department of justice shall promulgate rules necessary to carry out its duties under this section. The rules shall include guidelines for determining whether it is necessary for public protection to release information from the registry under sub. (7) (ar) 2., guidelines for determining what information may be released under sub. (7) (ar) 2. and procedures for the release of information under sub. (7) (ar) 2.

SB182-ASA1, s. 29 Section 29. 175.45 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

SB182-ASA1, s. 30 Section 30. 301.45 (1) (bm) of the statutes is created to read:

SB182-ASA1,9,25 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 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 that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB182-ASA1, s. 31 Section 31. 301.45 (1) (dd) of the statutes is created to read:

SB182-ASA1,10,8 301.45 (1) (dd) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 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 that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB182-ASA1, s. 32 Section 32. 301.45 (1) (dh) of the statutes is created to read:

SB182-ASA1,10,16 301.45 (1) (dh) Is on parole or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to a violation of s. 940.22 (2), 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, 948.11 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB182-ASA1, s. 33 Section 33. 301.45 (1) (dp) of the statutes is created to read:

SB182-ASA1,10,19 301.45 (1) (dp) Is in institutional care under, or on parole from, a commitment for specialized treatment under ch. 975 on or after December 25, 1993.

SB182-ASA1, s. 34 Section 34. 301.45 (1) (dt) of the statutes is created to read:

SB182-ASA1,10,22 301.45 (1) (dt) Is in institutional care or on supervised release under ch. 980 on or after June 2, 1994.

SB182-ASA1, s. 35 Section 35. 301.45 (2) (a) of the statutes is created to read:

SB182-ASA1,10,25 301.45 (2) (a) The department shall maintain a registry of all persons subject to sub. (1). The registry shall contain all of the following with respect to each person:

SB182-ASA1,11,1 1. The person's name, including any aliases used by the person.

SB182-ASA1,11,2 2. The address at which the person is or will be residing.

SB182-ASA1,11,5 3. The fingerprints and a photograph of the person, if they were not obtained from the person in connection with the offense that is the basis for the requirement that the person register under this section.

SB182-ASA1,11,6 4. The name and address of the place at which the person is or will be employed.

SB182-ASA1,11,7 5. The name and location of any school in which the person is or will be enrolled.

SB182-ASA1,11,9 6. If the person has been found to be a sexually violent person under ch. 980, all of the following:

SB182-ASA1,11,10 a. Information sufficient to identify the person.

SB182-ASA1,11,11 b. The person's criminal history record.

SB182-ASA1,11,14 c. Documentation of any treatment received by the person for the mental disorder that was the basis for the person being found to be a sexually violent person under ch. 980.

SB182-ASA1, s. 36 Section 36. 301.45 (2) (b) of the statutes is created to read:

SB182-ASA1,11,18 301.45 (2) (b) If the department has supervision over a person subject to sub. (1), the department shall enter into the registry under this section the information specified in par. (a) concerning the person.

SB182-ASA1, s. 37 Section 37. 301.45 (2) (d) of the statutes is created to read:

SB182-ASA1,12,2 301.45 (2) (d) A person subject to sub. (1) who is not under the supervision of the department shall provide the information specified in par. (a) to the department in accordance with the rules under sub. (8). If the person is unable to provide an item of information specified in par. (a), the department may request assistance from a circuit court or the department of health and family services in obtaining that item of information. A circuit court and the department of health and family services shall assist the department of corrections when requested to do so under this paragraph.

SB182-ASA1, s. 38 Section 38. 301.45 (2) (e) of the statutes is created to read:

SB182-ASA1,12,5 301.45 (2) (e) The person subject to sub. (1) shall provide the information required under par. (d) in accordance with whichever of the following is applicable:

SB182-ASA1,12,7 1. Within 10 days after the person being placed on parole, probation, supervision, aftercare supervision, conditional release or supervised release.

SB182-ASA1,12,9 2. If the person is on parole or probation from another state under s. 304.13 or 304.135, within 10 days after the person enters this state.

SB182-ASA1,12,11 3. No later than 10 days before the person is terminated or discharged from a commitment.

SB182-ASA1,12,14 4. If the person is being released from prison because he or she has reached the expiration date of his or her sentence, no later than 10 days before being released from prison.

SB182-ASA1,12,16 5. If subd. 1., 2., 3. or 4. does not apply, within 10 days after the person is sentenced or receives a disposition.

SB182-ASA1, s. 39 Section 39. 301.45 (3) (a) 1m. of the statutes is created to read:

SB182-ASA1,12,20 301.45 (3) (a) 1m. If the person is on parole or probation from another state under s. 304.13 or 304.135, he or she is subject to this subsection upon entering this state.

SB182-ASA1, s. 40 Section 40. 301.45 (3) (a) 2m. of the statutes is created to read:

SB182-ASA1,12,24 301.45 (3) (a) 2m. If the person has been sentenced to prison and is being released from prison because he or she has reached the expiration date of his or her sentence, before being released from prison.

SB182-ASA1, s. 41 Section 41. 301.45 (3) (a) 3g. of the statutes is created to read:

SB182-ASA1,13,4 301.45 (3) (a) 3g. If the person has been committed for specialized treatment under ch. 975, he or she is subject to this subsection upon being released on parole under s. 975.10 or, if he or she was not released on parole, before being discharged from the commitment under s. 975.09 or 975.12.

SB182-ASA1, s. 42 Section 42. 301.45 (3) (a) 3r. of the statutes is created to read:

SB182-ASA1,13,9 301.45 (3) (a) 3r. If the person has been committed under ch. 980, he or she is subject to this subsection upon being placed on supervised release under s. 980.06 (2) or 980.08 or, if he or she was not placed on supervised release, before being discharged under s. 980.09 or 980.10.

SB182-ASA1, s. 43 Section 43. 301.45 (3) (b) 1m. of the statutes is created to read:

SB182-ASA1,13,15 301.45 (3) (b) 1m. A person who is subject to par. (a) because he or she is covered under sub. (1) (dt) shall notify the department once each 90 days, as directed by the department, of his or her current information specified in sub. (2) (a). Every 90 days, the department shall notify registrants subject to this subdivision of their need to comply with this requirement.

SB182-ASA1, s. 44 Section 44. 301.45 (3) (b) 3. of the statutes is created to read:

SB182-ASA1,13,21 301.45 (3) (b) 3. The department of health and family services shall notify a person who is being placed on conditional release, conditional transfer or parole, or is being terminated or discharged from a commitment, under s. 51.20, 51.35 or 971.17 or ch. 975 or 980 and who is covered under sub. (1) of the need to comply with this section.

SB182-ASA1, s. 45 Section 45. 301.45 (3) (b) 3m. of the statutes is created to read:

SB182-ASA1,14,2 301.45 (3) (b) 3m. After notifying a person under subd. 2. or 3. of the need to comply with this section, the person who is providing the notification shall require the person who is covered under sub. (1) to read and sign a form stating that he or she has been informed of the requirements of this section.

SB182-ASA1, s. 46 Section 46. 301.45 (4m) of the statutes is created to read:

SB182-ASA1,14,9 301.45 (4m) Transmission of information. (a) When a person who is subject to the requirements of this section registers under sub. (2), submits the information required under sub. (3) (b) or updates information under sub. (4), the department shall immediately enter the information into the transaction information for management of enforcement system and shall notify the local law enforcement agency having jurisdiction where the person is or will be residing.

SB182-ASA1,14,12 (b) The department shall transmit the information specified in sub. (2) (a) 3. and 6. b. to the federal bureau of investigation immediately after the department obtains the information.

SB182-ASA1, s. 47 Section 47. 301.45 (4t) of the statutes is created to read:

SB182-ASA1,14,23 301.45 (4t) Information concerning a move to another state. In addition to the requirements under subs. (3) and (4), a person who is covered under sub. (1) and who is changing his or her residence from this state to another state shall, no later than 10 days before he or she moves out of this state, notify the department that he or she is changing his or her residence from this state and inform the department of the state to which he or she is moving his or her residence. Upon receiving notification from a person under this subsection, the department shall inform the person whether the state to which the person is moving has sex offender registration requirements to which the person may be subject and, if so, the name of the agency to contact in that state for information concerning those requirements.

SB182-ASA1, s. 48 Section 48. 301.45 (5) (a) 1m. of the statutes is created to read:

SB182-ASA1,15,2 301.45 (5) (a) 1m. If the person is on parole or probation from another state under s. 304.13 or 304.135, 15 years after discharge from that parole or probation.

SB182-ASA1, s. 49 Section 49. 301.45 (5) (a) 3m. of the statutes is created to read:

SB182-ASA1,15,6 301.45 (5) (a) 3m. If the person has been committed for specialized treatment under ch. 975, 15 years after discharge from the commitment under s. 975.09 or 975.12.

SB182-ASA1, s. 50 Section 50. 301.45 (5) (b) of the statutes is created to read:

SB182-ASA1,15,10 301.45 (5) (b) A person who is covered under sub. (1) and who has been found to be a sexually violent person under ch. 980 shall continue to comply with the requirements of this section until the person is discharged under s. 980.09 or 980.10.

SB182-ASA1, s. 51 Section 51. 301.45 (6) (c) of the statutes is created to read:

SB182-ASA1,15,20 301.45 (6) (c) Notwithstanding pars. (a) and (b), a person who first became subject to subs. (2) to (4) under 1995 Wisconsin Act .... (this act) and who was in prison or a secured correctional facility or a secured child caring institution, in institutional care, or on probation, parole, supervision, aftercare supervision, corrective sanctions supervision, conditional transfer or conditional release during the period beginning on December 25, 1993, and ending on the day before the effective date of this paragraph .... [revisor inserts date], shall be allowed until the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], to comply with the requirements under subs. (2) to (4).

SB182-ASA1, s. 52 Section 52. 301.45 (7) (ag) and (ar) of the statutes are created to read:

SB182-ASA1,15,23 301.45 (7) (ag) The department may release information from the registry maintained under this section as follows:

SB182-ASA1,15,24 1. To law enforcement agencies for law enforcement purposes.

SB182-ASA1,15,25 2. To a governmental agency conducting confidential background checks.

SB182-ASA1,16,2 (ar) 1. In this paragraph, "covered individual" means an individual who is subject to sub. (1) for any of the following reasons:

SB182-ASA1,16,6 a. He or she was convicted, adjudicated delinquent, found in need of protection or services, found not guilty by reason of mental disease or defect or committed for treatment under s. 51.20 for a violation committed on or after the effective date of this subd.1. a. .... [revisor inserts date].

SB182-ASA1,16,9 b. He or she is in prison, a secured correctional facility or a secured child caring institution or in institutional care for a violation committed on or after the effective date of this subd. 1. b. .... [revisor inserts date].

SB182-ASA1,16,12 c. He or she is on probation, parole, supervision, aftercare supervision, conditional transfer or conditional release for a violation committed on or after the effective date of this subd. 1. c. .... [revisor inserts date].

SB182-ASA1,16,15 d. He or she is in institutional care or on supervised release under ch. 980 after being found to be a sexually violent person under ch. 980 based on a violation committed on or after the effective date of this subd. 1. d. .... [revisor inserts date].

SB182-ASA1,16,22 2. The department or, if authorized by the department, a local law enforcement agency that receives information under this section may, in accordance with rules promulgated under sub. (8), release relevant information from the registry maintained under this section that relates to a covered individual if the information is necessary to protect the public concerning the covered individual. The identity of a victim of an offense that is the basis for registration under this section may not be released under this subdivision.

SB182-ASA1, s. 53 Section 53. 301.45 (9) of the statutes is created to read:

SB182-ASA1,17,3 301.45 (9) Cooperation. The department of health and family services and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.

SB182-ASA1, s. 54 Section 54. 301.45 (10) of the statutes is created to read:

SB182-ASA1,17,9 301.45 (10) Immunity. A person acting under this section is immune from civil liability for any good faith act or omission in the performance of his or her powers and duties under this section. The immunity under this subsection does not extend to a person whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.

SB182-ASA1, s. 55 Section 55. 938.185 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB182-ASA1,17,16 938.185 (3) Venue for a proceeding under s. 938.12 or 938.13 (12) based on an alleged violation of s. 175.45 301.45 (6) may be in the juvenile's county of residence at the time that the petition is filed or, if the juvenile does not have a county of residence in this state at the time that the petition is filed, any county in which the juvenile has resided while subject to s. 175.45 301.45.

SB182-ASA1, s. 56 Section 56. 938.34 (15) (title) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB182-ASA1,17,20 938.34 (15) (title) Deoxyribonucleic acid analysis and reporting requirements.

SB182-ASA1, s. 57 Section 57. 938.34 (15) (a) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB182-ASA1,18,7 938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. If the violation is of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the juvenile to comply with the reporting requirements under s. 175.45. If the violation is of s. 940.225 (3) or (3m), the court may require the juvenile to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the juvenile report under s. 175.45.

SB182-ASA1, s. 58 Section 58. 938.34 (15) (a) 2. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB182-ASA1,18,17 938.34 (15) (a) 2. Except as provided in subd. 1., if the juvenile is adjudicated delinquent on the basis of any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the juvenile to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the juvenile report under s. 175.45.

SB182-ASA1, s. 59 Section 59. 938.34 (15m) of the statutes is created to read:

SB182-ASA1,18,24 938.34 (15m) Sex offender reporting requirements. (a) If the child is adjudicated delinquent on the basis of a violation, or the solicitation, conspiracy or attempt 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 child was not the victim's parent, the court shall require the person to comply with the reporting requirements under s. 301.45.

SB182-ASA1,19,7 (b) Except as provided in par. (a), if the child is adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the child 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 child report under s. 301.45.

SB182-ASA1, s. 60 Section 60. 938.396 (2) (em) of the statutes is created to read: