SB182-ASA1,17,3
1301.45 (9) Cooperation. The department of health and family services and all
2circuit courts shall cooperate with the department of corrections in obtaining
3information under this section.
SB182-ASA1, s. 54 4Section 54. 301.45 (10) of the statutes is created to read:
SB182-ASA1,17,95 301.45 (10) Immunity. A person acting under this section is immune from civil
6liability for any good faith act or omission in the performance of his or her powers and
7duties under this section. The immunity under this subsection does not extend to a
8person whose act or omission constitutes gross negligence or involves reckless,
9wanton or intentional misconduct.
SB182-ASA1, s. 55 10Section 55. 938.185 (3) of the statutes, as created by 1995 Wisconsin Act 77,
11is amended to read:
SB182-ASA1,17,1612 938.185 (3) Venue for a proceeding under s. 938.12 or 938.13 (12) based on an
13alleged violation of s. 175.45 301.45 (6) may be in the juvenile's county of residence
14at the time that the petition is filed or, if the juvenile does not have a county of
15residence in this state at the time that the petition is filed, any county in which the
16juvenile has resided while subject to s. 175.45 301.45.
SB182-ASA1, s. 56 17Section 56. 938.34 (15) (title) of the statutes, as created by 1995 Wisconsin Act
1877
, is amended to read:
SB182-ASA1,17,2019 938.34 (15) (title) Deoxyribonucleic acid analysis and reporting
20requirements.
SB182-ASA1, s. 57 21Section 57. 938.34 (15) (a) 1. of the statutes, as created by 1995 Wisconsin Act
2277
, is amended to read:
SB182-ASA1,18,723 938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a
24violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall require the juvenile
25to provide a biological specimen to the state crime laboratories for deoxyribonucleic

1acid analysis. If the violation is of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025,
2the court shall require the juvenile to comply with the reporting requirements under
3s. 175.45. If the violation is of s. 940.225 (3) or (3m), the court may require the
4juvenile to comply with the reporting requirements under s. 175.45 if the court
5determines that the underlying conduct was seriously sexually assaultive in nature
6and that it would be in the interest of public protection to have the juvenile report
7under s. 175.45.
SB182-ASA1, s. 58 8Section 58. 938.34 (15) (a) 2. of the statutes, as created by 1995 Wisconsin Act
977
, is amended to read:
SB182-ASA1,18,1710 938.34 (15) (a) 2. Except as provided in subd. 1., if the juvenile is adjudicated
11delinquent on the basis of any violation under ch. 940, 944 or 948 or ss. 943.01 to
12943.15, the court may require the juvenile to provide a biological specimen to the
13state crime laboratories for deoxyribonucleic acid analysis. The court may require
14the juvenile to comply with the reporting requirements under s. 175.45 if the court
15determines that the underlying conduct was seriously sexually assaultive in nature
16and that it would be in the interest of public protection to have the juvenile report
17under s. 175.45.
SB182-ASA1, s. 59 18Section 59. 938.34 (15m) of the statutes is created to read:
SB182-ASA1,18,2419 938.34 (15m) Sex offender reporting requirements. (a) If the child is
20adjudicated delinquent on the basis of a violation, or the solicitation, conspiracy or
21attempt to commit a violation, of s. 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2),
22948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or
23940.31 if the victim was a minor and the child was not the victim's parent, the court
24shall require the person to comply with the reporting requirements under s. 301.45.
SB182-ASA1,19,7
1(b) Except as provided in par. (a), if the child is adjudicated delinquent on the
2basis of any violation, or the solicitation, conspiracy or attempt to commit any
3violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the
4child to comply with the reporting requirements under s. 301.45 if the court
5determines that the underlying conduct was sexually motivated, as defined in s.
6980.01 (5), and that it would be in the interest of public protection to have the child
7report under s. 301.45.
SB182-ASA1, s. 60 8Section 60. 938.396 (2) (em) of the statutes is created to read:
SB182-ASA1,19,159 938.396 (2) (em) Upon request of the department to review court records for
10the purpose of obtaining information concerning a child required to register under
11s. 301.45, the court shall open for inspection by authorized representatives of the
12department the records of the court relating to any child who has been adjudicated
13delinquent or found not responsible by reason of mental disease or defect for an
14offense specified in s. 301.45 (1) (a). The department may disclose information that
15it obtains under this paragraph as provided under s. 301.45 (7).
SB182-ASA1, s. 61 16Section 61. 971.17 (1m) of the statutes is renumbered 971.17 (1m) (a) and
17amended to read:
SB182-ASA1,19,2218 971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of
19mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or
20948.025, the court shall require the person to provide a biological specimen to the
21state crime laboratories for deoxyribonucleic acid analysis and to comply with the
22reporting requirements of s. 175.45
.
SB182-ASA1, s. 62 23Section 62. 971.17 (1m) (b) of the statutes is created to read:
SB182-ASA1,20,524 971.17 (1m) (b) 1. If the defendant under sub. (1) is found not guilty by reason
25of mental disease or defect for a violation, or for the solicitation, conspiracy or

1attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
2(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
3940.30 or 940.31 if the victim was a minor and the defendant was not the victim's
4parent, the court shall require the defendant to comply with the reporting
5requirements under s. 301.45.
SB182-ASA1,20,126 2. Except as provided in subd. 1., if the defendant under sub. (1) is found not
7guilty by reason of mental disease or defect for any violation, or for the solicitation,
8conspiracy or attempt to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to
9943.15, the court may require the defendant to comply with the reporting
10requirements under s. 301.45 if the court determines that the underlying conduct
11was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest
12of public protection to have the defendant report under s. 301.45.
SB182-ASA1, s. 63 13Section 63. 971.19 (9) of the statutes is amended to read:
SB182-ASA1,20,1814 971.19 (9) In an action under s. 175.45 301.45 (6), the defendant may be tried
15in the defendant's county of residence at the time that the complaint is filed or, if the
16defendant does not have a county of residence in this state at the time that the
17complaint is filed, any county in which he or she has resided while subject to s. 175.45
18301.45.
SB182-ASA1, s. 64 19Section 64. 973.047 (title) of the statutes is amended to read:
SB182-ASA1,20,21 20973.047 (title) Deoxyribonucleic acid analysis and reporting
21requirements.
SB182-ASA1, s. 65 22Section 65. 973.047 (1) (a) of the statutes is amended to read:
SB182-ASA1,21,623 973.047 (1) (a) If a court imposes a sentence or places a person on probation for
24a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall require the person
25to provide a biological specimen to the state crime laboratories for deoxyribonucleic

1acid analysis. If the violation is of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025,
2the court shall require the person to comply with the reporting requirements under
3s. 175.45. If the violation is of s. 940.225 (3) or (3m), the court may require the person
4to comply with the reporting requirements under s. 175.45 if the court determines
5that the underlying conduct was seriously sexually assaultive in nature and that it
6would be in the interest of public protection to have the person report under s. 175.45.
SB182-ASA1, s. 66 7Section 66. 973.047 (1) (b) of the statutes is amended to read:
SB182-ASA1,21,158 973.047 (1) (b) Except as provided in par. (a), if a court imposes a sentence or
9places a person on probation for any violation under chs. ch. 940, 944 or 948 or ss.
10943.01 to 943.15, the court may require the person to provide a biological specimen
11to the state crime laboratories for deoxyribonucleic acid analysis. The court may
12require the person to comply with the reporting requirements under s. 175.45 if the
13court determines that the underlying conduct was seriously sexually assaultive in
14nature and that it would be in the interest of public protection to have the person
15report under s. 175.45.
SB182-ASA1, s. 67 16Section 67. 973.048 of the statutes is created to read:
SB182-ASA1,21,23 17973.048 Sex offender reporting requirements. (1) If a court imposes a
18sentence or places a person on probation for a violation, or for the solicitation,
19conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3),
20944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or
21948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the
22victim's parent, the court shall require the person to comply with the reporting
23requirements under s. 301.45.
SB182-ASA1,22,5 24(2) Except as provided in sub. (1), if a court imposes a sentence or places a
25person on probation for any violation, or for the solicitation, conspiracy or attempt

1to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court
2may require the person to comply with the reporting requirements under s. 301.45
3if the court determines that the underlying conduct was sexually motivated, as
4defined in s. 980.01 (5), and that it would be in the interest of public protection to have
5the person report under s. 301.45.
SB182-ASA1, s. 68 6Section 68 . Nonstatutory provisions.
SB182-ASA1,22,87 (1) Transfer of sex offender registration responsibilities to the
8department of corrections
.
SB182-ASA1,22,139 (a) Assets and liabilities. On the effective date of this paragraph, the assets
10and liabilities of the department of justice that are primarily related to the
11administration by the department of sex offender registration under section 175.45,
121993 stats., as determined by the secretary of administration, shall become the
13assets and liabilities of the department of corrections.
SB182-ASA1,22,1814 (b) Tangible personal property. On the effective date of this paragraph, the
15tangible personal property, including records, of the department of justice that is
16primarily related to the administration by the department of sex offender
17registration under section 175.45, 1993 stats., as determined by the secretary of
18administration, is transferred to the department of corrections.
SB182-ASA1,22,2319 (c) Rules. All rules promulgated by the department of justice that are
20primarily related to the administration by the department of sex offender
21registration under section 175.45, 1993 stats., and that are in effect on the effective
22date of this paragraph remain in effect until their specified expiration date or until
23amended or repealed by the department of corrections.
SB182-ASA1, s. 69 24Section 69 . Appropriation changes.
SB182-ASA1,23,6
1(1) Appropriation increase; corrections. In the schedule under section 20.005
2(3) of the statutes for the appropriation to the department of corrections under
3section 20.410 (1) (a) of the statutes, as affected by the acts of 1995, the dollar amount
4is increased by $25,400 for fiscal year 1996-97 to increase the authorized FTE
5positions for the department by 1.5 GPR positions on March 1, 1997, for the
6performance of duties relating to sex offender registration.
SB182-ASA1, s. 70 7Section 70. Effective dates. This act takes effect on June 1, 1997, except
8as follows:
SB182-ASA1,23,99 (1)  Section 69 of this act takes effect on the day after publication.
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