SB182-SSA1,6,1814
165.765
(2) (a) Any physician, registered nurse, medical technologist,
15physician assistant or person acting under the direction of a physician who obtains
16a biological specimen under s. 48.34 (15), 165.76
or, 973.047
or 980.063 is immune
17from any civil or criminal liability for the act, except for civil liability for negligence
18in the performance of the act.
SB182-SSA1, s. 16
19Section
16. 165.765 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts
2077 and .... (this act), is repealed and recreated to read:
SB182-SSA1,6,2521
165.765
(2) (a) Any physician, registered nurse, medical technologist,
22physician assistant or person acting under the direction of a physician who obtains
23a biological specimen under s. 165.76, 938.34 (15), 973.047 or 980.063 is immune
24from any civil or criminal liability for the act, except for civil liability for negligence
25in the performance of the act.
SB182-SSA1,7,32
165.77
(2) (b) Paragraph (a) does not apply to specimens received under s. 48.34
3(15), 51.20 (13) (cr), 165.76, 971.17 (1m)
or (a), 973.047
or 980.063.
SB182-SSA1, s. 18
4Section
18. 165.77 (2) (b) of the statutes, as affected by 1995 Wisconsin Acts
577 and .... (this act), is repealed and recreated to read:
SB182-SSA1,7,76
165.77
(2) (b) Paragraph (a) does not apply to specimens received under s. 51.20
7(13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063.
SB182-SSA1,7,219
165.77
(3) If the laboratories receive a human biological specimen under s.
1048.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m)
or
(a), 973.047
or 980.063, the
11laboratories shall analyze the deoxyribonucleic acid in the specimen. The
12laboratories shall maintain a data bank based on data obtained from
13deoxyribonucleic acid analysis of those specimens. The laboratories may compare
14the data obtained from one specimen with the data obtained from other specimens.
15The laboratories may make data obtained from any analysis and comparison
16available to law enforcement agencies in connection with criminal or delinquency
17investigations and, upon request, to any prosecutor, defense attorney or subject of
18the data. The data may be used in criminal and delinquency actions and proceedings.
19In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy
20specimens obtained under this subsection after analysis has been completed and the
21applicable court proceedings have concluded.
SB182-SSA1, s. 20
22Section
20. 165.77 (3) of the statutes, as affected by 1995 Wisconsin Acts 77
23and .... (this act), is repealed and recreated to read:
SB182-SSA1,8,1124
165.77
(3) If the laboratories receive a human biological specimen under s.
2551.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, the
1laboratories shall analyze the deoxyribonucleic acid in the specimen. The
2laboratories shall maintain a data bank based on data obtained from
3deoxyribonucleic acid analysis of those specimens. The laboratories may compare
4the data obtained from one specimen with the data obtained from other specimens.
5The laboratories may make data obtained from any analysis and comparison
6available to law enforcement agencies in connection with criminal or delinquency
7investigations and, upon request, to any prosecutor, defense attorney or subject of
8the data. The data may be used in criminal and delinquency actions and proceedings.
9In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy
10specimens obtained under this subsection after analysis has been completed and the
11applicable court proceedings have concluded.
SB182-SSA1,8,17
13165.8285 Transaction information for management of enforcement
14system; department of corrections records. (1) The department of justice shall,
15through the transaction information for management of enforcement system,
16provide local law enforcement agencies with access to the registry of sex offenders
17maintained by the department of corrections under s. 301.45.
SB182-SSA1,8,20
18(2) The department of justice shall provide the department of corrections with
19access to the transaction information for management of enforcement system
20administrative message process.
SB182-SSA1,9,3
21(3) Beginning on the effective date of this subsection .... [revisor inserts date],
22the department of justice and the department of corrections shall cooperate in using
23the transaction information for management of enforcement system, and in
24developing or using any other computerized or direct electronic data transfer system,
25in anticipation of the transfer of the sex offender registry from the department of
1justice to the department of corrections under 1995 Wisconsin Act .... (this act) and
2for the purpose of providing access to or disseminating information from the sex
3offender registry under s. 301.45.
SB182-SSA1, s. 22
4Section
22. 175.45 (title) of the statutes is renumbered 301.45 (title).
SB182-SSA1, s. 23
5Section
23. 175.45 (1) (intro.) of the statutes is renumbered 301.45 (1) (intro.).
SB182-SSA1, s. 24
6Section
24. 175.45 (1) (a) of the statutes is renumbered 301.45 (1) (a) and
7amended to read:
SB182-SSA1,9,128
301.45
(1) (a) Is convicted, adjudicated delinquent or found in need of
9protection or services on or after December 25, 1993, for any violation
, or for the
10solicitation, conspiracy or attempt to commit any violation, of s.
940.22 (2), 940.225
11(1)
or, (2)
or (3), 944.06, 948.02 (1) or (2)
or, 948.025
, 948.05, 948.055, 948.06, 948.07,
12948.08 or 948.11.
SB182-SSA1,9,2015
301.45
(1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02
16(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on
17probation, parole, supervision or aftercare supervision on or after December 25,
181993, for any violation
, for the solicitation, conspiracy or attempt to commit any
19violation, of s.
940.22 (2), 940.225 (1)
or, (2)
or (3), 944.06, 948.02 (1) or (2)
or, 948.025
,
20948.05, 948.055, 948.06, 948.07, 948.08 or 948.11.
SB182-SSA1, s. 26
21Section
26. 175.45 (1) (c) of the statutes is renumbered 301.45 (1) (c) and
22amended to read:
SB182-SSA1,9,2523
301.45
(1) (c) Is found not guilty or not responsible by reason of mental disease
24or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 for
25any violation
, or for the solicitation, conspiracy or attempt to commit any violation,
1of s.
940.22 (2), 940.225 (1)
or
, (2)
or (3), 944.06, 948.02 (1) or (2)
or, 948.025
, 948.05,
2948.055, 948.06, 948.07, 948.08 or 948.11.
SB182-SSA1, s. 27
3Section
27. 175.45 (1) (d) of the statutes is renumbered 301.45 (1) (d) and
4amended to read:
SB182-SSA1,10,95
301.45
(1) (d) Is in institutional care or on conditional transfer under s. 51.35
6(1) or conditional release under s. 971.17 on or after December 25, 1993, for any
7violation
, or for the solicitation, conspiracy or attempt to commit any violation, of s.
8940.22 (2), 940.225 (1)
or, (2)
or (3), 944.06, 948.02 (1) or (2)
or
, 948.025
, 948.05,
9948.055, 948.06, 948.07, 948.08 or 948.11.
SB182-SSA1,10,1412
301.45
(1) (e) Is ordered by a court under s. 51.20 (13)
(cr) (ct), 938.34
(15) (15m),
13971.17 (1m) (b) 2. or
973.047 973.048 to comply with the reporting requirements
14under this section.
SB182-SSA1, s. 29
15Section
29. 175.45 (2) (title) of the statutes is renumbered 301.45 (2) (title) and
16amended to read:
SB182-SSA1,10,1717
301.45
(2) (title)
What information must be provided, by whom and when.
SB182-SSA1,10,2219
175.45
(2) What must be provided. A person subject to sub. (1) shall provide
20information about his or her home address, place of school enrollment, place of
21employment and employment duties to the department of
justice corrections in
22accordance with the rules under sub. (8).
SB182-SSA1, s. 31
23Section
31. 175.45 (2) of the statutes, as affected by 1995 Wisconsin Act ....
24(this act), is renumbered 301.45 (2) (c) and amended to read:
SB182-SSA1,11,5
1301.45
(2) (c)
A If the department of health and social services has supervision
2over a person subject to sub. (1)
, that department, with the assistance of the person, 3shall provide
the information
about his or her home address, place of school
4enrollment, place of employment and employment duties specified in par. (a) to the
5department of corrections in accordance with the rules under sub. (8).
SB182-SSA1, s. 32
6Section
32. 175.45 (3) (title) of the statutes is renumbered 301.45 (3) (title).
SB182-SSA1, s. 33
7Section
33. 175.45 (3) (a) (intro.) of the statutes is renumbered 301.45 (3) (a)
8(intro.).
SB182-SSA1, s. 34
9Section
34. 175.45 (3) (a) 1. of the statutes is renumbered 301.45 (3) (a) 1. and
10amended to read:
SB182-SSA1,11,1311
301.45
(3) (a) 1. If the person has been placed on probation or supervision, he
12or she is subject to this subsection
after he or she is discharged from upon being
13placed on probation or supervision.
SB182-SSA1,11,1916
301.45
(3) (a) 2. If the person has been sentenced to prison or placed in a secured
17correctional facility or a secured child caring institution, he or she is subject to this
18subsection
after he or she is discharged from upon being released on parole or
19aftercare supervision.
SB182-SSA1, s. 36
20Section
36. 175.45 (3) (a) 3. of the statutes is renumbered 301.45 (3) (a) 3. and
21amended to read:
SB182-SSA1,12,222
301.45
(3) (a) 3. If the person has been committed under s. 51.20 or 971.17, he
23or she is subject to this subsection
after upon being placed on conditional release
24under s. 971.17 or on a conditional transfer under s. 51.35 (1) or, if he or she was not
1placed on conditional release or on a conditional transfer, before he or she is
2terminated under s. 971.17 (5) or discharged under s. 51.35 (4) or 971.17 (6).
SB182-SSA1, s. 37
3Section
37. 175.45 (3) (a) 4. of the statutes is renumbered 301.45 (3) (a) 4. and
4amended to read:
SB182-SSA1,12,65
301.45
(3) (a) 4. If subd. 1.,
1m., 2.
or, 2m., 3.
, 3g. or 3r. does not apply, the person
6is subject to this subsection after he or she is sentenced or receives a disposition.
SB182-SSA1,12,168
175.45
(3) (b) A person who is subject to par. (a) shall notify the department of
9justice corrections once each calendar year, as directed by the department, of his or
10her current information specified in sub. (2). The department shall annually notify
11registrants of their need to comply with this requirement. Also, probation and parole
12agents, aftercare agents and agencies providing supervision shall notify any client
13who is covered under sub. (1) of this requirement prior to the client's expected date
14of discharge from probation, parole, supervision or aftercare supervision. Failure to
15receive this notice from the department, a probation and parole agent, an aftercare
16agent or an agency providing supervision is not a defense to liability under sub. (6).
SB182-SSA1, s. 39
17Section
39. 175.45 (3) (b) of the statutes, as affected by 1995 Wisconsin Act ....
18(this act), is renumbered 301.45 (3) (b) 1. and amended to read:
SB182-SSA1,12,2319
301.45
(3) (b) 1.
A Except as provided in subd. 1m., a person who is subject
20to par. (a) shall notify the department
of corrections once each calendar year, as
21directed by the department, of his or her current information specified in sub. (2)
(a).
22The department shall annually notify registrants of their need to comply with this
23requirement.
SB182-SSA1,13,7
242. The department shall notify a person who is being released from prison
25because he or she has reached the expiration date of his or her sentence and who is
1covered under sub. (1) of the need to comply with this section. Also, probation and
2parole agents, aftercare agents and agencies providing supervision shall notify any
3client who is covered under sub. (1) of
this requirement prior to the client's expected
4date of discharge from the need to comply with this section at the time the client is
5placed on probation, parole, supervision or aftercare supervision
or, if the client is on
6probation or parole from another state under s. 304.13 or 304.135, when the client
7enters this state.
SB182-SSA1,13,11
84. Failure to receive
this notice
under this paragraph from the department
of
9health and social services, the department of corrections, a probation and parole
10agent, an aftercare agent or an agency providing supervision is not a defense to
11liability under sub. (6).
SB182-SSA1,13,1613
175.45
(4) Updated information. In addition to the requirements under sub.
14(3), whenever any of the information under sub. (2) changes, the person shall provide
15the department of
justice corrections with the updated information within
14 10 days
16after the change occurs.
SB182-SSA1, s. 41
17Section
41. 175.45 (4) of the statutes, as affected by 1995 Wisconsin Act ....
18(this act), is renumbered 301.45 (4) and amended to read:
SB182-SSA1,13,2219
301.45
(4) Updated information. In addition to the requirements under sub.
20(3), whenever any of the information under sub. (2)
(a) changes, the person shall
21provide the department
of corrections with the updated information within 10 days
22after the change occurs.
SB182-SSA1, s. 42
23Section
42. 175.45 (5) of the statutes, as affected by
1995 Wisconsin Act 77, is
24renumbered 301.45 (5) (a), and 301.45 (5) (a) (intro.), 2. and 4., as renumbered, are
25amended to read:
SB182-SSA1,14,3
1301.45
(5) (a) (intro.)
A
Except as provided in par. (b), a person who is covered
2under sub. (1) no longer has to comply with this section when the following applicable
3criterion is met:
SB182-SSA1,14,64
2. If the person has been sentenced to prison or placed in a secured correctional
5facility or a secured child caring institution, 15 years after discharge from
prison, 6parole or aftercare supervision.
SB182-SSA1,14,87
4. If
par. (a), (b) or (c) subd. 1., 1m., 2., 3. or 3m. does not apply, 15 years after
8the date of conviction or disposition.
SB182-SSA1, s. 43
9Section
43. 175.45 (6) of the statutes, as affected by 1995 Wisconsin Act ....
10(this act), is renumbered 301.45 (6).
SB182-SSA1,14,2112
175.45
(6) (a) Whoever intentionally fails to comply with any requirement to
13provide information under subs. (2) to (4) may be fined not more than $10,000 or
14imprisoned for not more than 9 months or both. Subject to s. 971.19 (9), a district
15attorney or, upon the request of a district attorney, the department of justice may
16prosecute a violation of this subsection. If the department of
justice corrections 17determines that there is probable cause to believe that a person has intentionally
18failed to comply with any requirement to provide information under subs. (2) to (4),
19the department shall forward a certified copy of all pertinent departmental
20information to the applicable district attorney. The department shall certify the copy
21in accordance with s. 889.08.
SB182-SSA1, s. 45
22Section
45. 175.45 (7) (title) of the statutes is amended to read:
SB182-SSA1,14,2423
175.45
(7) (title)
Department of justice; information Information
24maintenance and expungement.
SB182-SSA1, s. 46
1Section
46. 175.45 (7) (title) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is renumbered 301.45 (7) (title).
SB182-SSA1,15,64
175.45
(7) (a) The department of
justice corrections shall maintain information
5provided under sub. (2). The department shall keep the information confidential
6except as needed for law enforcement purposes.
SB182-SSA1, s. 48
7Section
48. 175.45 (7) (a) of the statutes, as affected by 1995 Wisconsin Act ....
8(this act), is renumbered 301.45 (7) (a) and amended to read:
SB182-SSA1,15,119
301.45
(7) (a) The department
of corrections shall maintain information
10provided under sub. (2). The department shall keep the information confidential
11except as
provided in s. 301.46 and except as needed for law enforcement purposes.
SB182-SSA1, s. 49
12Section
49. 175.45 (7) (b) of the statutes is renumbered 301.45 (7) (b).
SB182-SSA1, s. 50
13Section
50. 175.45 (7) (c) of the statutes is renumbered 301.45 (7) (c), and
14301.45 (7) (c) (intro.), as renumbered, is amended to read:
SB182-SSA1,15,2015
301.45
(7) (c) (intro.) A person
who has provided about whom information
is
16maintained in the registry under sub. (2) may request expungement of all pertinent
17departmental information
in the registry on the grounds that his or her conviction,
18delinquency adjudication, finding of need of protection or services or commitment
19has been reversed, set aside or vacated. The department shall purge all of that
20information if the department receives all of the following:
SB182-SSA1,15,2322
175.45
(8) Rules. The department of
justice corrections shall promulgate rules
23necessary to carry out its duties under this section.
SB182-SSA1, s. 52
24Section
52. 175.45 (8) of the statutes, as affected by 1995 Wisconsin Act ....
25(this act), is renumbered 301.45 (8) and amended to read:
SB182-SSA1,16,2
1301.45
(8) Rules. The department
of corrections shall promulgate rules
2necessary to carry out its duties under this section.
SB182-SSA1,16,64
175.45
(9) Cooperation. The
departments of corrections and department of 5health and social services shall cooperate with the department of
justice corrections 6in obtaining information under this section.
SB182-SSA1, s. 54
7Section
54. 175.45 (9) of the statutes, as affected by 1995 Wisconsin Acts 27
8and .... (this act), is repealed.
SB182-SSA1,16,10
10301.132 Honesty testing of sex offenders. (1) In this section:
SB182-SSA1,16,1111
(a) "Lie detector" has the meaning given in s. 111.37 (1) (b).
SB182-SSA1,16,1212
(b) "Polygraph" has the meaning given in s. 111.37 (1) (c).
SB182-SSA1,16,1513
(c) "Sex offender" means a person in the custody of the department who meets
14any of the criteria specified in s. 175.45 (1), regardless of whether he or she is required
15to register under s. 175.45 (3).
SB182-SSA1,16,18
16(2) The department may require, as a condition of probation or parole, that a
17probationer or parolee who is a sex offender submit to a lie detector test when
18directed to do so by the department.
SB182-SSA1,16,22
19(3) The department shall promulgate rules establishing a lie detector test
20program for probationers and parolees who are sex offenders. The rules shall provide
21for assessment of fees upon probationers and parolees to partially offset the costs of
22the program.
SB182-SSA1, s. 56
23Section
56. 301.132 (1) (c) of the statutes, as created by 1995 Wisconsin Act
24.... (this act), is amended to read:
SB182-SSA1,17,3
1301.132
(1) (c) "Sex offender" means a person in the custody of the department
2who meets any of the criteria specified in s.
175.45 (1), regardless of whether he or
3she is required to register under s. 175.45 (3) 301.45 (1).
SB182-SSA1,17,115
301.45
(1) (bm) Is in prison, a secured correctional facility, as defined in s.
6938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
7on probation, parole, supervision or aftercare supervision on or after December 25,
81993, for a violation, or for the solicitation, conspiracy or attempt to commit a
9violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or
10(3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or
11948.11.