SB182, s. 18
14Section
18. 165.77 (2) (b) of the statutes is amended to read:
SB182,11,1615
165.77
(2) (b) Paragraph (a) does not apply to specimens received under s. 48.34
16(15), 51.20 (13) (cr), 165.76, 971.17 (1m)
or (a), 973.047
or 980.063.
SB182, s. 19
17Section
19. 165.77 (3) of the statutes is amended to read:
SB182,12,518
165.77
(3) If the laboratories receive a human biological specimen under s.
1948.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m)
or
(a), 973.047
or 980.063, the
20laboratories shall analyze the deoxyribonucleic acid in the specimen. The
21laboratories shall maintain a data bank based on data obtained from
22deoxyribonucleic acid analysis of those specimens. The laboratories may compare
23the data obtained from one specimen with the data obtained from other specimens.
24The laboratories may make data obtained from any analysis and comparison
25available to law enforcement agencies in connection with criminal or delinquency
1investigations and, upon request, to any prosecutor, defense attorney or subject of
2the data. The data may be used in criminal and delinquency actions and proceedings.
3In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy
4specimens obtained under this subsection after analysis has been completed and the
5applicable court proceedings have concluded.
SB182, s. 20
6Section
20. 165.8285 of the statutes is created to read:
SB182,12,11
7165.8285 Transaction information for management of enforcement
8system; department of corrections records. (1) The department of justice shall,
9through the transaction information for management of enforcement system,
10provide local law enforcement agencies with access to the registry of sex offenders
11maintained by the department of corrections under s. 301.45.
SB182,12,14
12(2) The department of justice shall provide the department of corrections with
13access to the transaction information for management of enforcement system
14administrative message process.
SB182,12,19
15(3) The department of justice and the department of corrections shall cooperate
16in using the transaction information for management of enforcement system, and in
17developing or using any other computerized or direct electronic data transfer system,
18for the purpose of providing access to or disseminating information from the sex
19offender registry under s. 301.45.
SB182, s. 21
20Section
21. 175.45 (title) of the statutes is renumbered 301.45 (title).
SB182, s. 22
21Section
22. 175.45 (1) (intro.) of the statutes is renumbered 301.45 (1) (intro.).
SB182, s. 23
22Section
23. 175.45 (1) (a) of the statutes is renumbered 301.45 (1) (a) and
23amended to read:
SB182,13,224
301.45
(1) (a) Is convicted, adjudicated delinquent or found in need of
25protection or services on or after December 25, 1993, for any violation
, or for the
1solicitation, conspiracy or attempt to commit any violation, of s.
940.22 (2), 940.225
2(1)
or, (2)
or (3), 948.02 (1) or (2)
or, 948.025
, 948.05, 948.055, 948.06, 948.07 or 948.08.
SB182, s. 24
3Section
24. 175.45 (1) (b) of the statutes is renumbered 301.45 (1) (b) and
4amended to read:
SB182,13,95
301.45
(1) (b) Is in prison or a secured correctional facility or on probation,
6parole, supervision or aftercare supervision on or after December 25, 1993, for any
7violation
, for the solicitation, conspiracy or attempt to commit any violation, of s.
8940.22 (2), 940.225 (1)
or, (2)
or (3), 948.02 (1) or (2)
or, 948.025
, 948.05, 948.055,
9948.06, 948.07 or 948.08.
SB182, s. 25
10Section
25. 175.45 (1) (c) of the statutes is renumbered 301.45 (1) (c) and
11amended to read:
SB182,13,1612
301.45
(1) (c) Is found not guilty or not responsible by reason of mental disease
13or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 for
14any violation
, or for the solicitation, conspiracy or attempt to commit any violation, 15of s.
940.22 (2), 940.225 (1)
or, (2)
or (3), 948.02 (1) or (2)
or
, 948.025
, 948.05, 948.055,
16948.06, 948.07 or 948.08.
SB182, s. 26
17Section
26. 175.45 (1) (d) of the statutes is renumbered 301.45 (1) (d) and
18amended to read:
SB182,13,2319
301.45
(1) (d) Is in institutional care or on conditional transfer under s. 51.35
20(1) or conditional release under s. 971.17 on or after December 25, 1993, for any
21violation
, or for the solicitation, conspiracy or attempt to commit any violation, of s.
22940.22 (2), 940.225 (1)
or, (2)
or (3), 948.02 (1) or (2)
or, 948.025
, 948.05, 948.055,
23948.06, 948.07 or 948.08.
SB182, s. 27
24Section
27. 175.45 (1) (e) of the statutes is renumbered 301.45 (1) (e) and
25amended to read:
SB182,14,3
1301.45
(1) (e) Is ordered by a court under s. 48.34
(15) (16), 51.20 (13)
(cr) (ct),
2971.17 (1m) (b) 2. or
973.047 973.048 to comply with the reporting requirements
3under this section.
SB182, s. 28
4Section
28. 175.45 (2) (title) of the statutes is renumbered 301.45 (2) (title) and
5amended to read:
SB182,14,66
301.45
(2) (title)
What information must be provided, by whom and when.
SB182, s. 29
7Section
29. 175.45 (2) of the statutes is renumbered 301.45 (2) (c) and
8amended to read:
SB182,14,139
301.45
(2) (c)
A If the department of health and social services has supervision
10over a person subject to sub. (1)
, that department, with the assistance of the person, 11shall provide
the information
about his or her home address, place of school
12enrollment, place of employment and employment duties specified in par. (a) to the
13department of
justice corrections in accordance with the rules under sub. (8).
SB182, s. 30
14Section
30. 175.45 (3) (title) of the statutes is renumbered 301.45 (3) (title).
SB182, s. 31
15Section
31. 175.45 (3) (a) (intro.) of the statutes is renumbered 301.45 (3) (a)
16(intro.).
SB182, s. 32
17Section
32. 175.45 (3) (a) 1. of the statutes is renumbered 301.45 (3) (a) 1. and
18amended to read:
SB182,14,2119
301.45
(3) (a) 1. If the person has been placed on probation or supervision, he
20or she is subject to this subsection
after he or she is discharged from upon being
21placed on probation or supervision.
SB182, s. 33
22Section
33. 175.45 (3) (a) 2. of the statutes is renumbered 301.45 (3) (a) 2. and
23amended to read:
SB182,15,3
1301.45
(3) (a) 2. If the person has been sentenced to prison or placed in a secured
2correctional facility, he or she is subject to this subsection
after he or she is discharged
3from upon being released on parole or aftercare supervision.
SB182, s. 34
4Section
34. 175.45 (3) (a) 3. of the statutes is renumbered 301.45 (3) (a) 3. and
5amended to read:
SB182,15,106
301.45
(3) (a) 3. If the person has been committed under s. 51.20 or 971.17, he
7or she is subject to this subsection
after upon being placed on conditional release
8under s. 971.17 or on a conditional transfer under s. 51.35 (1) or, if he or she was not
9placed on conditional release or on a conditional transfer, before he or she is
10terminated under s. 971.17 (5) or discharged under s. 51.35 (4) or 971.17 (6).
SB182, s. 35
11Section
35. 175.45 (3) (a) 4. of the statutes is renumbered 301.45 (3) (a) 4. and
12amended to read:
SB182,15,1413
301.45
(3) (a) 4. If subd. 1.,
1m., 2.
or, 2m., 3.
, 3g. or 3r. does not apply, the person
14is subject to this subsection after he or she is sentenced or receives a disposition.
SB182, s. 36
15Section
36. 175.45 (3) (b) of the statutes is renumbered 301.45 (3) (b) 1. and
16amended to read:
SB182,15,2017
301.45
(3) (b) 1. A person who is subject to par. (a) shall notify the department
18of justice once each calendar year, as directed by the department, of his or her current
19information specified in sub. (2)
(a). The department shall annually notify
20registrants of their need to comply with this requirement.
SB182,16,4
212. The department shall notify a person who is being released from prison
22because he or she has reached the expiration date of his or her sentence and who is
23covered under sub. (1) of the need to comply with this section. Also, probation and
24parole agents, aftercare agents and agencies providing supervision shall notify any
25client who is covered under sub. (1) of
this requirement prior to the client's expected
1date of discharge from the need to comply with this section at the time the client is
2placed on probation, parole, supervision or aftercare supervision
or, if the client is on
3probation or parole from another state under s. 304.13 or 304.135, when the client
4enters this state.
SB182,16,7
54. Failure to receive this notice from the department
of health and social
6services, the department of corrections, a probation and parole agent, an aftercare
7agent or an agency providing supervision is not a defense to liability under sub. (6).
SB182, s. 37
8Section
37. 175.45 (4) of the statutes is renumbered 301.45 (4) and amended
9to read:
SB182,16,1310
301.45
(4) Updated information. In addition to the requirements under sub.
11(3), whenever any of the information under sub. (2)
(a) changes, the person shall
12provide the department
of justice with the updated information within
14 10 days
13after the change occurs.
SB182, s. 38
14Section
38. 175.45 (5) of the statutes is renumbered 301.45 (5) (a), and 301.45
15(5) (a) (intro.), 2. and 4., as renumbered, are amended to read:
SB182,16,1816
301.45
(5) (a) (intro.)
A Except as provided in par. (b), a person who is covered
17under sub. (1) no longer has to comply with this section when the following applicable
18criterion is met:
SB182,16,2019
2. If the person has been sentenced to prison or placed in a secured correctional
20facility, 15 years after discharge from
prison, parole or aftercare supervision.
SB182,16,2221
4. If
par. (a), (b) or (c) subd. 1., 1m., 2., 3. or 3m. does not apply, 15 years after
22the date of conviction or disposition.
SB182, s. 39
23Section
39. 175.45 (6) of the statutes is renumbered 301.45 (6).
SB182, s. 40
24Section
40. 175.45 (7) of the statutes is renumbered 301.45 (7), and 301.45 (7)
25(title), (a) and (c) (intro.), as renumbered, are amended to read:
SB182,17,5
1301.45
(7) (title)
Department of justice; information Information
2maintenance and expungement. (a) The department
of justice shall maintain
3information provided under sub. (2). The department shall keep the information
4confidential except as
provided in s. 301.46 and except as needed for law enforcement
5purposes.
SB182,17,116
(c) (intro.) A person
who has provided about whom information
is maintained
7in the registry under sub. (2) may request expungement of all pertinent
8departmental information
in the registry on the grounds that his or her conviction,
9delinquency adjudication, finding of need of protection or services or commitment
10has been reversed, set aside or vacated. The department shall purge all of that
11information if the department receives all of the following:
SB182, s. 41
12Section
41. 175.45 (8) of the statutes is renumbered 301.45 (8) and amended
13to read:
SB182,17,1514
301.45
(8) Rules. The department
of justice shall promulgate rules necessary
15to carry out its duties under this section.
SB182, s. 42
16Section
42. 175.45 (9) of the statutes is renumbered 301.45 (9) and amended
17to read:
SB182,17,2018
301.45
(9) Cooperation. The
departments of corrections and department of 19health and social services
and a circuit court shall cooperate with the department of
20justice corrections in obtaining information under this section.
SB182, s. 43
21Section
43. 301.45 (1) (bm) of the statutes is created to read:
SB182,18,222
301.45
(1) (bm) Is in prison or a secured correctional facility or on probation,
23parole, supervision or aftercare supervision on or after December 25, 1993, for a
24violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law
1of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or
2(2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.
SB182, s. 44
3Section
44. 301.45 (1) (dd) of the statutes is created to read:
SB182,18,84
301.45
(1) (dd) Is in institutional care or on conditional transfer under s. 51.35
5(1) or conditional release under s. 971.17 on or after December 25, 1993, for a
6violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law
7of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or
8(2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.
SB182, s. 45
9Section
45. 301.45 (1) (dh) of the statutes is created to read:
SB182,18,1410
301.45
(1) (dh) Is on parole or probation in this state from another state under
11s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the
12solicitation, conspiracy or attempt to commit a violation, of the law of another state
13that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or
14(2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.
SB182, s. 46
15Section
46. 301.45 (1) (dp) of the statutes is created to read:
SB182,18,1716
301.45
(1) (dp) Is in institutional care under, or on parole from, a commitment
17for specialized treatment under ch. 975 on or after December 25, 1993.
SB182, s. 47
18Section
47. 301.45 (1) (dt) of the statutes is created to read:
SB182,18,2019
301.45
(1) (dt) Is in institutional care or on conditional release under ch. 980
20on or after June 2, 1994.
SB182, s. 48
21Section
48. 301.45 (2) (a) of the statutes is created to read:
SB182,18,2322
301.45
(2) (a) The department shall maintain a registry of all persons subject
23to sub. (1). The registry shall contain all of the following with respect to each person:
SB182,18,2424
1. The person's name, including any aliases used by the person.
SB182,19,2
12. Information sufficient to identify the person, including date of birth, gender,
2race, height, weight and hair and eye color.
SB182,19,63
3. The statute the person violated that subjects the person to the requirements
4of this section, the date of conviction, adjudication or commitment, and the county
5or, if the state is not this state, the state in which the person was convicted,
6adjudicated or committed.
SB182,19,77
4. Whichever of the following is applicable:
SB182,19,98
a. The date the person was placed on probation, supervision, conditional
9release, conditional transfer or supervised release.
SB182,19,1110
b. The date the person was or is to be released from confinement, whether on
11parole or otherwise, or discharged or terminated from a sentence or commitment.
SB182,19,1212
c. The date the person entered the state.
SB182,19,1313
d. The date the person was ordered to comply with s. 301.45.
SB182,19,1414
5. The address at which the person is or will be residing.
SB182,19,1715
6. The name of the agency supervising the person, if applicable, and the office
16or unit and telephone number of the office or unit that is responsible for the
17supervision of the person.
SB182,19,2218
7. A description of any motor vehicle that the person owns or that is registered
19in the person's name. The information provided under this paragraph shall include
20a description of the vehicle, including make, model, license number and any other
21information which the department may reasonably require for proper identification
22of the vehicle.
SB182,19,2323
8. The name and address of the place at which the person is or will be employed.
SB182,19,2424
9. The name and location of any school in which the person is or will be enrolled.
SB182,19,2525
10. The most recent date on which the information in the registry was updated.
SB182, s. 49
1Section
49. 301.45 (2) (b) of the statutes is created to read:
SB182,20,42
301.45
(2) (b) If the department has supervision over a person subject to sub.
3(1), the department shall enter into the registry under this section the information
4specified in par. (a) concerning the person.
SB182, s. 50
5Section
50. 301.45 (2) (d) of the statutes is created to read:
SB182,20,146
301.45
(2) (d) A person subject to sub. (1) who is not under the supervision of
7the department of corrections or the department of health and social services shall
8provide the information specified in par. (a) to the department of corrections in
9accordance with the rules under sub. (8). If the person is unable to provide an item
10of information specified in par. (a), the department of corrections may request
11assistance from a circuit court or the department of health and social services in
12obtaining that item of information. A circuit court and the department of health and
13social services shall assist the department of corrections when requested to do so
14under this paragraph.
SB182, s. 51
15Section
51. 301.45 (2) (e) of the statutes is created to read:
SB182,20,1916
301.45
(2) (e) The department of health and social services shall provide the
17information required under par. (c) or the person subject to sub. (1) shall provide the
18information required under par. (d) in accordance with whichever of the following is
19applicable:
SB182,20,2120
1. Within 10 days after the person being placed on parole, probation,
21supervision, aftercare supervision, conditional release or supervised release.
SB182,20,2322
2. If the person is on parole or probation from another state under s. 304.13 or
23304.135, within 10 days after the person enters this state.
SB182,20,2524
3. No later than 10 days before the person is terminated or discharged from a
25commitment.
SB182,21,3
14. If the person is being released from prison because he or she has reached the
2expiration date of his or her sentence, no later than 10 days before being released
3from prison.
SB182,21,54
5. If subd. 1., 2., 3. or 4. does not apply, within 10 days after the person is
5sentenced or receives a disposition.