Amendment ASA1-SB182

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:

SB182-ASA1,19,15 938.396 (2) (em) Upon request of the department 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 the records of the court relating to any child who has been adjudicated delinquent or found not responsible by reason of mental disease or defect for an offense specified in s. 301.45 (1) (a). The department may disclose information that it obtains under this paragraph as provided under s. 301.45 (7).

SB182-ASA1, s. 61 Section 61. 971.17 (1m) of the statutes is renumbered 971.17 (1m) (a) and amended to read:

SB182-ASA1,19,22 971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting requirements of s. 175.45.

SB182-ASA1, s. 62 Section 62. 971.17 (1m) (b) of the statutes is created to read:

SB182-ASA1,20,5 971.17 (1m) (b) 1. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation, or for the solicitation, conspiracy or attempt to commit 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 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the defendant was not the victim's parent, the court shall require the defendant to comply with the reporting requirements under s. 301.45.

SB182-ASA1,20,12 2. Except as provided in subd. 1., if the defendant under sub. (1) is found not guilty by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the defendant 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 defendant report under s. 301.45.

SB182-ASA1, s. 63 Section 63. 971.19 (9) of the statutes is amended to read:

SB182-ASA1,20,18 971.19 (9) In an action under s. 175.45 301.45 (6), the defendant may be tried in the defendant's county of residence at the time that the complaint is filed or, if the defendant does not have a county of residence in this state at the time that the complaint is filed, any county in which he or she has resided while subject to s. 175.45 301.45.

SB182-ASA1, s. 64 Section 64. 973.047 (title) of the statutes is amended to read:

SB182-ASA1,20,21 973.047 (title) Deoxyribonucleic acid analysis and reporting requirements.

SB182-ASA1, s. 65 Section 65. 973.047 (1) (a) of the statutes is amended to read:

SB182-ASA1,21,6 973.047 (1) (a) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall require the person 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 person 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 person 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 person report under s. 175.45.

SB182-ASA1, s. 66 Section 66. 973.047 (1) (b) of the statutes is amended to read:

SB182-ASA1,21,15 973.047 (1) (b) Except as provided in par. (a), if a court imposes a sentence or places a person on probation for any violation under chs. ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the person 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 person report under s. 175.45.

SB182-ASA1, s. 67 Section 67. 973.048 of the statutes is created to read:

SB182-ASA1,21,23 973.048 Sex offender reporting requirements. (1) If a court imposes a sentence or places a person on probation for a violation, or for the solicitation, conspiracy or attempt to commit 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 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent, the court shall require the person to comply with the reporting requirements under s. 301.45.

SB182-ASA1,22,5 (2) Except as provided in sub. (1), if a court imposes a sentence or places a person on probation for any violation, or for 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 person 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 person report under s. 301.45.

SB182-ASA1, s. 68 Section 68 . Nonstatutory provisions.

SB182-ASA1,22,8 (1) Transfer of sex offender registration responsibilities to the department of corrections.

SB182-ASA1,22,13 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of justice that are primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of corrections.

SB182-ASA1,22,18 (b) Tangible personal property. On the effective date of this paragraph, the tangible personal property, including records, of the department of justice that is primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., as determined by the secretary of administration, is transferred to the department of corrections.

SB182-ASA1,22,23 (c) Rules. All rules promulgated by the department of justice that are primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., and that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of corrections.

SB182-ASA1, s. 69 Section 69 . Appropriation changes.

SB182-ASA1,23,6 (1) Appropriation increase; corrections. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $25,400 for fiscal year 1996-97 to increase the authorized FTE positions for the department by 1.5 GPR positions on March 1, 1997, for the performance of duties relating to sex offender registration.

SB182-ASA1, s. 70 Section 70. Effective dates. This act takes effect on June 1, 1997, except as follows:

SB182-ASA1,23,9 (1)  Section 69 of this act takes effect on the day after publication.

SB182-ASA1,23,10 (End)