LRBs0236/4
JEO:skg:km
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 182
December 27, 1995 - Offered by
Committee on Judiciary.
SB182-SSA1,2,13
1An Act to repeal 175.45 (9);
to renumber 175.45 (title), 175.45 (1) (intro.),
2175.45 (3) (title), 175.45 (3) (a) (intro.), 175.45 (6), 175.45 (7) (title), 175.45 (7)
3(b), 980.11 (2) (a), 980.11 (2) (b) and 980.11 (2) (c);
to renumber and amend
4175.45 (1) (a), 175.45 (1) (b), 175.45 (1) (c), 175.45 (1) (d), 175.45 (1) (e), 175.45
5(2) (title), 175.45 (2), 175.45 (3) (a) 1., 175.45 (3) (a) 2., 175.45 (3) (a) 3., 175.45
6(3) (a) 4., 175.45 (3) (b), 175.45 (4), 175.45 (5), 175.45 (7) (a), 175.45 (7) (c), 175.45
7(8), 971.17 (1m), 971.17 (4m) (b) and 971.17 (6m) (b);
to amend 51.20 (13) (cr),
851.375 (1) (a) and (d), 165.76 (2) (b) 3., 165.76 (3), 165.765 (1), 165.765 (2) (a),
9165.77 (2) (b), 165.77 (3), 175.45 (2), 175.45 (3) (b), 175.45 (4), 175.45 (6) (a),
10175.45 (7) (title), 175.45 (7) (a), 175.45 (8), 175.45 (9), 301.132 (1) (c), 938.185
11(3), 938.34 (15) (title), 938.34 (15) (a) 1., 938.34 (15) (a) 2., 942.06 (1), 942.06 (2),
12950.045, 971.17 (4m) (title), 971.17 (4m) (c), 971.17 (4m) (d), 971.17 (6m) (title),
13971.17 (6m) (c), 971.17 (6m) (d), 971.19 (9), 973.047 (title), 973.047 (1) (a),
14973.047 (1) (b), 980.11 (title), 980.11 (2) (intro.), 980.11 (3) and 980.11 (4);
to
15repeal and recreate 165.76 (3), 165.765 (1), 165.765 (2) (a), 165.77 (2) (b) and
16165.77 (3); and
to create 20.410 (1) (gc), 48.396 (2) (f), 51.20 (13) (ct), 51.30 (3)
1(d), 51.30 (4) (b) 24., 51.375, 165.76 (1) (d), 165.8285, 301.132, 301.45 (1) (bm),
2301.45 (1) (dd), 301.45 (1) (dh), 301.45 (1) (dp), 301.45 (1) (dt), 301.45 (2) (a),
3301.45 (2) (b), 301.45 (2) (d), 301.45 (2) (e), 301.45 (3) (a) 1m., 301.45 (3) (a) 2m.,
4301.45 (3) (a) 3g., 301.45 (3) (a) 3r., 301.45 (3) (b) 1m., 301.45 (3) (b) 3., 301.45
5(3) (b) 3m., 301.45 (4m), 301.45 (5) (a) 1m., 301.45 (5) (a) 3m., 301.45 (5) (b),
6301.45 (6) (c), 301.45 (9), 301.46, 938.34 (15m), 938.396 (2) (em), 939.646, 942.06
7(2m), 971.17 (1m) (b), 971.17 (4m) (b) 2., 971.17 (6m) (b) 2., 973.048, 980.063 and
8980.11 (2) (bm) of the statutes;
relating to: sex offender registration
9requirements, the release to certain persons of information concerning sex
10offenders required to register, requiring persons who are found to be sexually
11violent persons to provide biological specimens for deoxyribonucleic acid
12analysis, administering lie detector tests to sex offenders, granting
13rule-making authority, making an appropriation and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB182-SSA1, s. 1
14Section
1. 20.410 (1) (gc) of the statutes is created to read:
SB182-SSA1,2,1815
20.410
(1) (gc)
Sex offender honesty testing. All moneys received from probation
16and parole clients who are required to pay for polygraph examinations, as prescribed
17by rule in accordance with s. 301.132 (3), for expenditures related to the lie detector
18test program for probationers and parolees under s. 301.132.
SB182-SSA1, s. 2
19Section
2. 48.396 (2) (f) of the statutes is created to read:
SB182-SSA1,3,320
48.396
(2) (f) Upon request of the department of corrections to review court
21records for the purpose of obtaining information concerning a child required to
22register under s. 301.45, the court shall open for inspection by authorized
23representatives of the department of corrections the records of the court relating to
1any child who has been found in need of protection or services for an offense specified
2in s. 301.45 (1) (a). The department of corrections may disclose information that it
3obtains under this paragraph as provided under s. 301.46.
SB182-SSA1,3,116
51.20
(13) (cr) If the subject individual is before the court on a petition filed
7under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
8violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require
9the individual to provide a biological specimen to the state crime laboratories for
10deoxyribonucleic acid analysis
and to comply with the reporting and testing
11requirements of s. 175.45.
SB182-SSA1, s. 4
12Section
4. 51.20 (13) (ct) of the statutes is created to read:
SB182-SSA1,3,1813
51.20
(13) (ct) 1. If the subject individual is before the court on a petition filed
14under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
15violation, or to have solicited, conspired or attempted to commit a violation, of s.
16940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
17948.07, 948.08 or 948.11, the court shall require the individual to comply with the
18reporting requirements under s. 301.45.
SB182-SSA1,4,219
2. Except as provided in subd. 1., if the subject individual is before the court
20on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have
21committed any violation, or to have solicited, conspired or attempted to commit any
22violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the
23subject individual to comply with the reporting requirements under s. 301.45 if the
24court determines that the underlying conduct was sexually motivated, as defined in
1s. 980.01 (5), and that it would be in the interest of public protection to have the
2subject individual report under s. 301.45.
SB182-SSA1,4,74
51.30
(3) (d) The department of corrections shall have access to the files and
5records of court proceedings under this chapter concerning an individual required to
6register under s. 301.45. The department of corrections may disclose information
7that it obtains under this paragraph as provided under s. 301.46.
SB182-SSA1, s. 6
8Section
6. 51.30 (4) (b) 24. of the statutes is created to read:
SB182-SSA1,4,129
51.30
(4) (b) 24. To the department of corrections for the purpose of obtaining
10information concerning a person required to register under s. 301.45. The
11department of corrections may disclose information that it receives under this
12subdivision as provided under s. 301.46.
SB182-SSA1,4,14
1451.375 Honesty testing of sex offenders. (1) In this section:
SB182-SSA1,4,1615
(a) "Community placement" means conditional transfer into the community
16under s. 51.35 (1) or conditional release under s. 971.17.
SB182-SSA1,4,1717
(b) "Lie detector" has the meaning given in s. 111.37 (1) (b).
SB182-SSA1,4,1818
(c) "Polygraph" has the meaning given in s. 111.37 (1) (c).
SB182-SSA1,4,2119
(d) "Sex offender" means a person committed to the department who meets any
20of the criteria specified in s. 175.45 (1), regardless of whether he or she is required
21to register under s. 175.45 (3).
SB182-SSA1,4,23
22(2) The department may require, as a condition of a community placement, that
23a sex offender submit to a lie detector test when directed to do so by the department.
SB182-SSA1,4,25
24(3) The department shall promulgate rules establishing a lie detector test
25program for sex offenders who are in a community placement.
SB182-SSA1, s. 8
1Section
8. 51.375 (1) (a) and (d) of the statutes, as created by 1995 Wisconsin
2Act .... (this act), are amended to read:
SB182-SSA1,5,63
51.375
(1) (a) "Community placement" means conditional transfer into the
4community under s. 51.35 (1)
or, conditional release under s. 971.17
, parole from a
5commitment for specialized treatment under ch. 975 or conditional release under ch.
6980.
SB182-SSA1,5,97
(d) "Sex offender" means a person committed to the department who meets any
8of the criteria specified in s.
175.45 (1), regardless of whether he or she is required
9to register under s. 175.45 (3) 301.45 (1).
SB182-SSA1, s. 9
10Section
9. 165.76 (1) (d) of the statutes is created to read:
SB182-SSA1,5,1211
165.76
(1) (d) Is found to be a sexually violent person under ch. 980 on or after
12June 2, 1994.
SB182-SSA1, s. 10
13Section
10. 165.76 (2) (b) 3. of the statutes is amended to read:
SB182-SSA1,5,1714
165.76
(2) (b) 3. If the person has been committed to the department of health
15and social services under s. 51.20 or 971.17
or found to be a sexually violent person
16under ch. 980, he or she shall provide the specimen under par. (a) as directed by the
17department of health and social services.
SB182-SSA1,5,2119
165.76
(3) If a person is required to submit a biological specimen under s. 48.34
20(15), 51.20 (13) (cr), 971.17 (1m)
or (a), 973.047
or 980.063, he or she shall comply with
21that requirement and is not required to comply with this section.
SB182-SSA1, s. 12
22Section
12. 165.76 (3) of the statutes, as affected by 1995 Wisconsin Acts 77
23and .... (this act), is repealed and recreated to read:
SB182-SSA1,6,3
1165.76
(3) If a person is required to submit a biological specimen under s. 51.20
2(13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, he or she shall comply with
3that requirement and is not required to comply with this section.
SB182-SSA1,6,75
165.765
(1) Whoever intentionally fails to comply with a requirement to submit
6a biological specimen under s. 48.34 (15), 165.76
or, 973.047
or 980.063 may be fined
7not more than $10,000 or imprisoned for not more than 9 months or both.
SB182-SSA1, s. 14
8Section
14. 165.765 (1) of the statutes, as affected by 1995 Wisconsin Acts 77
9and .... (this act), is repealed and recreated to read:
SB182-SSA1,6,1210
165.765
(1) Whoever intentionally fails to comply with a requirement to submit
11a biological specimen under s. 165.76, 938.34 (15), 973.047 or 980.063 may be fined
12not more than $10,000 or imprisoned for not more than 9 months or both.
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.