1999 WISCONSIN ACT 89
An Act to repeal 301.45 (2) (a) 7., 301.46 (2) (b) 7., 301.46 (4) (b) 3. and 301.46 (5) (b) 2.; to renumber and amend 301.45 (1), 301.45 (4m), 301.45 (5) (a) 1m., 301.45 (6) (a), 301.46 (1), 938.185 (3) and 971.19 (9); to amend 20.410 (1) (gc), 48.396 (2) (f), 51.20 (13) (ct) 2m., 51.375 (1) (d), 71.78 (5), 301.132 (1) (c), 301.132 (2), 301.132 (3), 301.45 (1m) (a) 1., 301.45 (1m) (a) 2., 301.45 (1m) (b), 301.45 (2) (a) (intro.), 301.45 (2) (b), 301.45 (2) (c), 301.45 (2) (d), 301.45 (2) (e) (intro.), 301.45 (2) (e) 2., 301.45 (2) (e) 5., 301.45 (3) (a) (intro.), 301.45 (3) (a) 1m., 301.45 (3) (a) 4., 301.45 (3) (b) 1., 301.45 (3) (b) 1m., 301.45 (3) (b) 2., 301.45 (3) (b) 3., 301.45 (3) (b) 3m., 301.45 (3) (b) 4., 301.45 (5) (title), 301.45 (5) (a) (intro.), 301.45 (5) (a) 1., 301.45 (5) (a) 2., 301.45 (5) (a) 2m., 301.45 (5) (a) 3., 301.45 (5) (a) 4., 301.45 (5) (b) (intro.), 301.45 (5) (b) 1., 301.45 (5) (b) 2., 301.46 (2m) (a), 301.46 (2m) (am), 301.46 (3) (c), 301.46 (6) (a), 938.34 (15m) (bm), 938.396 (2) (em), 942.06 (2m) (a), 942.06 (2q) (a) (intro.), 971.17 (1m) (b) 2m. and 973.048 (2m); to repeal and recreate 301.45 (1g) (b), 301.45 (1g) (bm), 301.45 (2) (e) 2., 301.45 (3) (b) 4., 301.45 (5) (a) 2., 301.45 (6), 938.185 (3) (intro.) and 971.19 (9) (intro.); and to create 51.20 (13) (ct) 4., 51.20 (13) (ct) 5., 71.78 (4) (q), 301.45 (1d), 301.45 (1g) (dj), 301.45 (1g) (dL), 301.45 (1g) (em), 301.45 (1g) (f), 301.45 (1g) (g), 301.45 (1m) (a) 1g., 301.45 (2) (a) 9m., 301.45 (2) (e) 2m., 301.45 (2) (e) 2t., 301.45 (2) (f), 301.45 (2) (g), 301.45 (3) (a) 1r., 301.45 (3) (a) 1t., 301.45 (4m) (b), 301.45 (5) (am), 301.45 (5) (b) 1m., 301.45 (5) (b) 3., 301.45 (5m), 301.45 (6) (a) 2., 301.45 (6) (d), 301.45 (6m), 301.46 (1) (b), 301.46 (2m) (b) 1m., 301.46 (5n), 452.23 (2) (d), 452.24, 704.50, 706.20, 938.185 (3) (b), (c) and (d), 938.34 (15m) (d), 938.34 (15m) (e), 938.345 (3), 939.615 (6) (i), 971.17 (1m) (b) 4., 971.17 (1m) (b) 5., 971.19 (9) (b), (c) and (d), 973.048 (4) and 973.048 (5) of the statutes; relating to: sex offender registration, release of information from the sex offender registry, honesty testing of sex offenders, the duty to disclose information from or about sex offender registry and immunity for providing notice concerning access to the sex offender registry before sales or rentals of real property, making an appropriation and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
89,1
Section
1. 20.410 (1) (gc) of the statutes is amended to read:
20.410 (1) (gc) Sex offender honesty testing. All moneys received from probation, extended supervision and parole clients sex offenders who are required to pay for polygraph examinations, as prescribed by rule in accordance with s. 301.132 (3), for expenditures related to the lie detector test program for probationers, extended supervision and parolees sex offenders under s. 301.132.
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Section
2. 48.396 (2) (f) of the statutes is amended to read:
48.396 (2) (f) Upon request of the department of corrections to review court records for the purpose of obtaining information concerning a child required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department of corrections the records of the court relating to any child who has been found in need of protection or services for an offense specified in s. 301.45 (1) (1g) (a). The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.
89,3
Section
3. 51.20 (13) (ct) 2m. of the statutes is amended to read:
51.20 (13) (ct) 2m. 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. 940.22 (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, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 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, after a hearing on a motion made by the individual, that the individual is not required to comply under s. 301.45 (1m).
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Section
4. 51.20 (13) (ct) 4. of the statutes is created to read:
51.20 (13) (ct) 4. If the court orders a subject individual to comply with the reporting requirements under s. 301.45, the court may order the subject individual to continue to comply with the reporting requirements until his or her death.
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Section
5. 51.20 (13) (ct) 5. of the statutes is created to read:
51.20 (13) (ct) 5. If the court orders a subject individual to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding under s. 938.30 (5) (c) (intro.) on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside or vacated.
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Section
6. 51.375 (1) (d) of the statutes is amended to read:
51.375 (1) (d) "Sex offender" means a person committed to the department who meets any of the criteria specified in s. 301.45 (1) (1g).
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Section
7. 71.78 (4) (q) of the statutes is created to read:
71.78 (4) (q) Employes of the department of corrections involved in the administration of the sex offender registry under s. 301.45, for the purpose of verifying information provided by a person required to register as a sex offender.
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Section
8. 71.78 (5) of the statutes is amended to read:
71.78 (5) Agreement with department. Copies of returns and claims specified in sub. (1) and related schedules, exhibits, writings or audit reports shall not be furnished to the persons listed under sub. (4), except persons under sub. (4) (e), (k), (n) and, (o)
and (q) or under an agreement between the department of revenue and another agency of government.
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Section
9. 301.132 (1) (c) of the statutes is amended to read:
301.132 (1) (c) "Sex offender" means a person in the custody of the department who meets any of the criteria specified in s. 301.45 (1) (1g).
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Section
10. 301.132 (2) of the statutes is amended to read:
301.132 (2) The department may require, as a condition of probation, parole or extended supervision, that a probationer, parolee or person on extended supervision who is a sex offender to submit to a lie detector test when directed to do so by the department. The department may require submission to a lie detector test under this subsection as part of a sex offender's correctional programming or care and treatment, as a condition of a sex offender's probation, parole or extended supervision, or both as part of a sex offender's correctional programming or care and treatment and as a condition of the sex offender's probation, parole or extended supervision.
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Section
11. 301.132 (3) of the statutes is amended to read:
301.132 (3) The department shall promulgate rules establishing a lie detector test program for probationers, parolees and persons on extended supervision who are sex offenders. The rules shall provide for assessment of fees upon probationers, parolees and persons on extended supervision sex offenders to partially offset the costs of the program.
89,12
Section
12. 301.45 (1) of the statutes is renumbered 301.45 (1g), and 301.45 (1g) (intro.), (a), (b), (bm), (c), (d), (dd), (dh) and (e), as renumbered, are amended to read:
301.45 (1g) (intro.) Except as provided in sub. (1m), a person shall comply with the reporting requirements under this section if he or she meets any one or more of the following criteria:
(a) Is convicted, or adjudicated delinquent or found in need of protection or services on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any 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 a sex offense.
(b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any 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 a sex offense.
(bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to 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 that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense.
(c) Is found not guilty or not responsible by reason of mental disease or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 for any violation, or for the solicitation, conspiracy or attempt to commit any 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 a sex offense.
(d) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any 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 a sex offense.
(dd) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to 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 that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense.
(dh) Is on parole, extended supervision or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to 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 that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent sex offense.
(e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m. or 973.048 (1m) to comply with the reporting requirements under this section.
89,13
Section
13. 301.45 (1d) of the statutes is created to read:
301.45 (1d) Definitions. In this section:
(a) "Employed or carrying on a vocation" means employment or vocational activity that is full-time or part-time for a continuous period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered or for the purpose of government or educational benefit.
(am) "Found to have committed a sex offense by another jurisdiction" means any of the following:
1. Convicted or found not guilty or not responsible by reason of mental disease or defect for a violation of a law of another state that is comparable to a sex offense.
2. Convicted or found not guilty by reason of mental disease or defect for a violation of a federal law that is comparable to a sex offense.
3. Convicted or found not guilty or not responsible by reason of mental disease or defect in the tribal court of a federally recognized American Indian tribe or band for a violation that is comparable to a sex offense.
4. Sentenced or found not guilty by reason of mental disease or defect by a court martial for a violation that is comparable to a sex offense.
(b) "Sex offense" means a violation, or 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, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the victim's parent.
(c) "Student" means a person who is enrolled on a full-time or part-time basis in any public or private educational institution, including a secondary school, a business, trade, technical or vocational school or an institution of higher education.
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Section
14. 301.45 (1g) (b) of the statutes, as affected by
1999 Wisconsin Acts 9 and .... (this act), is repealed and recreated to read:
301.45 (1g) (b) Is in prison, a secured correctional facility, a secured child caring institution or a secured group home or is on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a sex offense.
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Section
15. 301.45 (1g) (bm) of the statutes, as affected by
1999 Wisconsin Acts 9 and .... (this act), is repealed and recreated to read:
301.45 (1g) (bm) Is in prison, a secured correctional facility, a secured child caring institution or a secured group home or is on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to a sex offense.
89,16
Section
16. 301.45 (1g) (dj) of the statutes is created to read:
301.45 (1g) (dj) Is a juvenile in this state on or after the effective date of this paragraph .... [revisor inserts date], and is on supervision in this state from another state pursuant to the interstate compact on the placement of juveniles under s. 938.988 for a violation of a law of another state that is comparable to a sex offense.
89,17
Section
17. 301.45 (1g) (dL) of the statutes is created to read:
301.45 (1g) (dL) Is placed on lifetime supervision under s. 939.615 on or after June 26, 1998.
89,17d
Section 17d. 301.45 (1g) (em) of the statutes is created to read:
301.45 (1g) (em) Was required to register under s. 301.45 (1) (a), 1997 stats., based on a finding that he or she was in need of protection or services and is ordered to continue complying with the requirements of this section by a court acting under 1999 Wisconsin Act .... (this act), section 107 (1) (e).
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Section
18. 301.45 (1g) (f) of the statutes is created to read:
301.45
(1g) (f) On or after the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], is registered as a sex offender in another state or is registered as a sex offender with the federal bureau of investigation under
42 USC 14072 and is a resident of this state, a student in this state or employed or carrying on a vocation in this state.
89,19
Section
19. 301.45 (1g) (g) of the statutes is created to read:
301.45 (1g) (g) Has been found to have committed a sex offense by another jurisdiction and, on or after the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], is a resident of this state, a student in this state or employed or carrying on a vocation in this state. This paragraph does not apply if 10 years have passed since the date on which the person was released from prison or placed on parole, probation, extended supervision or other supervised release for the sex offense.
89,20
Section
20. 301.45 (1m) (a) 1. of the statutes is amended to read: