Amendment SA2-AB186

LRBa0472/2

JEO:kmg:ch

1997 - 1998 LEGISLATURE

SENATE AMENDMENT 2, TO 1997 ASSEMBLY BILL 186

May 13, 1997 - Offered by Senators Adelman, Darling, George, Huelsman and Jauch.

AB186-SA2,1,2 At the locations indicated, amend the bill , as shown by assembly substitute amendment 1, as follows:

AB186-SA2,1,3 1. Page 1, line 2: delete "of the general public".

AB186-SA2,1,5 2. Page 1, line 3: after "offenders" insert "and sex offender registration requirements".

AB186-SA2,1,6 3. Page 1, line 4: delete lines 4 and 5 and substitute:

AB186-SA2,1,8 " Section 1d. 51.20 (13) (ct) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB186-SA2,2,3 51.20 (13) (ct) 1. If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation, or to have solicited, conspired or attempted 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 subject individual was not the victim's parent, the court shall require the individual to comply with the reporting requirements under s. 301.45 unless the court determines that the individual is not required to comply under s. 301.45 (1m).

AB186-SA2,2,14 2. Except as provided in subd. 1., if the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed any violation, or to have solicited, conspired or attempted to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the subject individual 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 subject individual report under s. 301.45. The court may require the subject individual to comply with the reporting requirements under s. 301.45 even if the court determines under subd. 1. that the subject individual is not required to comply under s. 301.45 (1m).

AB186-SA2, s. 1h Section 1h. 301.45 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB186-SA2,2,19 301.45 (1) (e) Is ordered by a court under s. 51.20 (13) (ct) 2., 938.34 (15m) (b), 971.17 (1m) (b) 2. or 973.048 (2) to comply with the reporting requirements under this section.

AB186-SA2, s. 1p Section 1p. 301.45 (1m) of the statutes is created to read:

AB186-SA2,2,22 301.45 (1m) Exception to registration requirement. (a) In this subsection, "consent" has the meaning given in s. 940.225 (4).

AB186-SA2,2,25 (b) Notwithstanding sub. (1), a person is not required to comply with the reporting requirements under this section if a court determines that all of the following apply:

AB186-SA2,3,4 1. The person meets the criteria under sub. (1) based on any violation, or on the solicitation, conspiracy or attempt to commit any violation, of s. 948.02 (1) or (2) or 948.025 or of a law of another state that is comparable to s. 948.02 (1) or (2) or 948.025.

AB186-SA2,3,8 2. At the time of the violation, or of the solicitation, conspiracy or attempt to commit the violation, of s. 948.02 (1) or (2) or 948.025 or of a law of another state that is comparable to s. 948.02 (1) or (2) or 948.025, the person was not more than 4 years older or not more than 4 years younger than the child.

AB186-SA2,3,9 3. The child consented to the sexual contact or sexual intercourse.

AB186-SA2,3,19 (c) If a person meets the criteria under sub. (1) and believes that he or she is not required under par. (b) to comply with the reporting requirements under this section, the person may move a court to make the determination of whether par. (b) applies to the person. A motion made under this paragraph shall be filed with the circuit court for the county in which the person was convicted, adjudicated delinquent, found in need of protection or services or found not guilty or not responsible by reason of mental disease or defect, except that if the person meets the criteria of sub. (1) (dh) the person shall file the motion in the circuit court for the county in which he or she resides. A court shall hold a hearing on a motion made by a person under this paragraph.

AB186-SA2, s. 1t Section 1t. 301.46 (2) (e) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:".

AB186-SA2,3,22 4. Page 1, line 12: after that line insert:

AB186-SA2,3,23 " Section 1x. 301.46 (2m) (at) of the statutes is created to read:

AB186-SA2,4,4 301.46 (2m) (at) Paragraphs (a) and (am) do not apply to a person to whom s. 301.45 (1m) applies unless the person is required to comply with the reporting requirements under s. 301.45 by a court acting under s. 51.20 (13) (ct) 2., 938.34 (15m) (b), 971.17 (1m) (b) 2. or 973.048 (2), whichever is applicable.".

AB186-SA2,4,5 5. Page 2, line 12: after that line insert:

AB186-SA2,4,7 " Section 3e. 938.34 (15m) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB186-SA2,4,14 938.34 (15m) (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 unless the court determines that the child is not required to comply under s. 301.45 (1m).

AB186-SA2,4,23 (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. The court may require the child to comply with the reporting requirements under s. 301.45 even if the court determines under par. (a) that the child is not required to comply under s. 301.45 (1m).

AB186-SA2, s. 3m Section 3m. 971.17 (1m) (b) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB186-SA2,5,10 971.17 (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 unless the court determines that the defendant is not required to comply under s. 301.45 (1m).

AB186-SA2,5,20 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. The court may require the defendant to comply with the reporting requirements under s. 301.45 even if the court determines under subd. 1. that the defendant is not required to comply under s. 301.45 (1m).

AB186-SA2, s. 3s Section 3s. 973.048 of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB186-SA2,6,5 973.048 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 unless the court determines that the person is not required to comply under s. 301.45 (1m).

AB186-SA2,6,14 (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. The court may require the person to comply with the reporting requirements under s. 301.45 even if the court determines under sub. (1) that the person is not required to comply under s. 301.45 (1m).".

AB186-SA2,6,15 (End)