AB597: Bill Text

AB597,25,16 2. The person has been convicted or found not guilty or not responsible by reason of mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, or for the solicitation, conspiracy or attempt to commit a violation, of a federal law, a military law, a tribal law or a law of any state that is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of this subdivision.

AB597,25,24 3. The person has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect for a sex offense or for a violation, or the solicitation, conspiracy or attempt to commit a violation, of a federal law, military law, tribal law or law of any state that is comparable to a sex offense. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of determining under this subdivision whether a person has been convicted on 2 or more separate occasions.

AB597,26,4 4. A determination has been made as provided under 42 USC 14071 (a) (2) (A) or (B) that the person is a sexually violent predator, or lifetime registration by the person is required under measures approved by the attorney general of the United States under 42 USC 14071 (a) (2) (C).

AB597,26,7 (c) This subsection does not apply to a person who is required to register as a sex offender under one or more of the criteria specified in sub. (1g) (a), (b), (bm), (c), (d), (dd), (dp) or (e).

AB597, s. 63 Section 63. 301.45 (6) (a) of the statutes is renumbered 301.45 (6) (a) (intro.) and amended to read:

AB597,26,12 301.45 (6) (a) (intro.) Whoever intentionally knowingly fails to comply with any requirement to provide information under subs. (2) to (4) is subject to the following penalties:

AB597,26,14 1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB597,26,22 (am) Subject to s. 971.19 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a violation of this subsection knowing failure to comply with any requirement to provide information under subs. (2) to (4). If the department of corrections determines that there is probable cause to believe that a person has intentionally knowingly failed to comply with any requirement to provide information under subs. (2) to (4), the department shall forward a certified copy of all pertinent departmental information to the applicable district attorney. The department shall certify the copy in accordance with s. 889.08.

AB597, s. 64 Section 64. 301.45 (6) (a) 2. of the statutes is created to read:

AB597,27,3 301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).

AB597, s. 65 Section 65. 301.45 (6) (a) 2. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB597,27,11 301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).

AB597, s. 66 Section 66. 301.45 (6) (d) of the statutes is created to read:

AB597,27,21 301.45 (6) (d) Notwithstanding par. (a), a person who first became subject to subs. (2) to (4) under 1999 Wisconsin Act .... (this act) and who was in prison or a secured correctional facility or a secured child caring institution, in institutional care, or on probation, parole, supervision, aftercare supervision, corrective sanctions supervision, conditional transfer or conditional release during the period beginning on December 25, 1993, and ending on the effective date of this paragraph .... [revisor inserts date], shall be allowed until the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], to comply with the requirements under subs. (2) to (4).

AB597, s. 67 Section 67. 301.45 (6m) of the statutes is created to read:

AB597,28,7 301.45 (6m) Notice to other jurisdictions concerning noncompliance. If the department has reasonable grounds to believe that a person who is covered under sub. (1g) (f) or (g) is residing in this state, is a student in this state or is employed or carrying on a vocation in this state and that the person is not complying with the requirements of this section, the department shall notify the state agency responsible for the registration of sex offenders in any state in which the person is registered that it believes the person is not complying with the requirements of this section. If the person is registered with the federal bureau of investigation under 42 USC 14072, the department shall notify the federal bureau of investigation that it believes the person is not complying with the requirements of this section.

AB597, s. 68 Section 68. 301.46 (1) of the statutes is renumbered 301.46 (1) (intro.) and amended to read:

AB597,28,10 301.46 (1) Definitions. (intro.) In this section "agency:

AB597,28,13 (a) "Agency with jurisdiction" means the state agency with the authority or duty to confine or supervise a person or release or discharge a person from confinement.

AB597, s. 69 Section 69. 301.46 (1) (b) of the statutes is created to read:

AB597,28,15 301.46 (1) (b) "Sex offense" has the meaning given in s. 301.45 (1d) (b).

AB597, s. 70 Section 70. 301.46 (2) (b) 7. of the statutes is repealed.

AB597, s. 71 Section 71. 301.46 (2m) (a) of the statutes is amended to read:

AB597,29,11 301.46 (2m) (a) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement in a state correctional institution or institutional care, and the person has, on one occasion only, been convicted or found not guilty or not responsible by reason of mental disease or defect 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 or for 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 s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense, the agency with jurisdiction may notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school if the agency with jurisdiction determines that such notification is necessary to protect the public. Notification under this paragraph may be in addition to providing access to information under sub. (2) or to any other notification that an agency with jurisdiction is authorized to provide.

AB597, s. 72 Section 72. 301.46 (2m) (am) of the statutes is amended to read:

AB597,30,3 301.46 (2m) (am) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement in a state correctional institution or institutional care, and the person has been found to be a sexually violent person under ch. 980 or has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect 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 or 948.11 or a sex offense or for 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 or 948.11 a sex offense, the agency with jurisdiction shall notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school. Notification under this paragraph shall be in addition to providing access to information under sub. (2) and to any other notification that an agency with jurisdiction is authorized to provide.

AB597, s. 73 Section 73. 301.46 (2m) (b) 1m. of the statutes is created to read:

AB597,30,8 301.46 (2m) (b) 1m. Notice that, beginning on the first day of the 13th month beginning after publication .... [revisor inserts date], information concerning persons registered under s. 301.45 will be available on the Internet site established by the department under sub. (5n).

AB597, s. 74 Section 74. 301.46 (3) (c) of the statutes is amended to read:

AB597,30,15 301.46 (3) (c) The notice under par. (b) shall be a written notice to the victim or member of the victim's family that the person required to register under s. 301.45 and specified in the information provided under par. (d) has been registered or, if applicable, has provided the department with updated information under s. 301.45 (4). The notice shall contain the information specified in sub. (2) (b) 1., 5., 6., 7. and 10. or, if applicable, the updated information.

AB597, s. 75 Section 75. 301.46 (4) (b) 3. of the statutes is repealed.

AB597, s. 76 Section 76. 301.46 (5) (b) 2. of the statutes is repealed.

AB597, s. 77 Section 77. 301.46 (5n) of the statutes is created to read:

AB597,31,4 301.46 (5n) Internet access. No later than the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], the department shall provide access to information concerning persons registered under s. 301.45 by creating and maintaining an Internet site and by any other means that the department determines is appropriate. The information provided through the Internet site shall be organized in a manner that allows a person using the Internet site to obtain the information that the department is required to provide the person under sub. (2), (2m), (3), (4) or (5) and other information that the department determines is necessary to protect the public. The department shall keep the information provided on the Internet site and in other means used to allow access to the information secure against unauthorized alteration.

AB597, s. 78 Section 78. 301.46 (6) (a) of the statutes is amended to read:

AB597,31,9 301.46 (6) (a) Except as provided in par. (b), the department or an agency with jurisdiction may provide notice of or access to information under subs. (2) to (5) concerning a person registered under s. 301.45 only during the period under s. 301.45 (5) or (5m) for which the person is required to comply with s. 301.45.

AB597, s. 79 Section 79. 938.185 (3) of the statutes is renumbered 938.185 (3) (intro.) and amended to read:

AB597,31,17 938.185 (3) (intro.) Venue for a proceeding under s. 938.12 or 938.13 (12) based on an alleged violation of s. 301.45 (6) (a) may be in the juvenile's county of residence at the time that the petition is filed or, if. If the juvenile does not have a county of residence in this state at the time that the petition is filed, any or if the juvenile's county of residence is unknown at the time that the petition is filed, venue for the proceeding may be in any of the following counties:

AB597,31,18 (a) Any county in which the juvenile has resided while subject to s. 301.45.

AB597, s. 80 Section 80. 938.185 (3) (b), (c) and (d) of the statutes are created to read:

AB597,31,22 938.185 (3) (b) The county in which the juvenile was adjudicated delinquent or found not responsible by reason of mental disease or defect for the sex offense that requires the juvenile to register under s. 301.45.

AB597,31,24 (c) If the juvenile is required to register under s. 301.45 (1g) (dt), the county in which the juvenile was found to be a sexually violent person under ch. 980.

AB597,32,3 (d) If the juvenile is required to register only under s. 301.45 (1g) (f) or (g), any county in which the juvenile has been a student in this state or has been employed or carrying on a vocation in this state.

AB597, s. 81 Section 81. 938.34 (15m) (bm) of the statutes is amended to read:

AB597,32,12 938.34 (15m) (bm) If the juvenile is adjudicated delinquent on the basis of 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 juvenile was not the victim's parent, the court shall require the juvenile to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the juvenile, that the juvenile is not required to comply under s. 301.45 (1m).

AB597, s. 82 Section 82. 938.34 (15m) (d) of the statutes is created to read:

AB597,32,16 938.34 (15m) (d) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the court may order the juvenile to continue to comply with the reporting requirements until his or her death.

AB597, s. 83 Section 83. 938.34 (15m) (e) of the statutes is created to read:

AB597,32,24 938.34 (15m) (e) If the court orders a juvenile 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 of delinquency 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 of delinquency has been reversed, set aside or vacated.

AB597, s. 84 Section 84. 938.345 (3) of the statutes is created to read:

AB597,33,9 938.345 (3) (a) If the court finds that a juvenile is in need of protection or services on the basis of a violation, or the solicitation, conspiracy or attempt to commit a violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the juvenile 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 juvenile report under s. 301.45. In determining whether it would be in the interest of public protection to have the juvenile report under s. 301.45, the court may consider any of the following:

AB597,33,11 1. The ages, at the time of the violation, of the juvenile and the victim of the violation.

AB597,33,12 2. The relationship between the juvenile and the victim of the violation.

AB597,33,14 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

AB597,33,17 4. Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.

AB597,33,18 5. The probability that the juvenile will commit other violations in the future.

AB597,33,20 6. Any other factor that the court determines may be relevant to the particular case.

AB597,33,23 (b) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the court may order the juvenile to continue to comply with the reporting requirements until his or her death.

AB597,34,4 (c) If the court orders a juvenile 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 of need of protection or services 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.

AB597, s. 85 Section 85. 938.396 (2) (em) of the statutes is amended to read:

AB597,34,12 938.396 (2) (em) Upon request of the department 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 the records of the court relating to any child who has been adjudicated delinquent or found not responsible by reason of mental disease or defect for an offense specified in s. 301.45 (1) (1g) (a). The department may disclose information that it obtains under this paragraph as provided under s. 301.46.

AB597, s. 86 Section 86. 939.615 (6) (i) of the statutes is created to read:

AB597,34,19 939.615 (6) (i) If the court grants a petition requesting termination of lifetime supervision and the person is registered with the department under s. 301.45, the court may also order that the person is no longer required to comply with the reporting requirements under s. 301.45. This paragraph does not apply to a person who must continue to comply with the reporting requirements for life under s. 301.45 (5) (b) or for as long as he or she is in this state under s. 301.45 (5m) (b).

AB597, s. 87 Section 87. 942.06 (2m) (a) of the statutes is amended to read:

AB597,34,23 942.06 (2m) (a) An employe or agent of the department of corrections who conducts a lie detector test of a probationer, parolee or person on extended supervision under the rules promulgated sex offender under s. 301.132.

AB597, s. 88 Section 88. 942.06 (2q) (a) (intro.) of the statutes is amended to read:

AB597,35,4 942.06 (2q) (a) (intro.) An employe or agent of the department of corrections who discloses, to any of the following, the fact that a probationer, parolee or person on extended supervision sex offender has had a lie detector test under the rules promulgated under s. 301.132 or the results of such a lie detector test:

AB597, s. 89 Section 89. 971.17 (1m) (b) 2m. of the statutes is amended to read:

AB597,35,14 971.17 (1m) (b) 2m. 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, 948.095, 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 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, after a hearing on a motion made by the defendant, that the defendant is not required to comply under s. 301.45 (1m).

AB597, s. 90 Section 90. 971.17 (1m) (b) 4. of the statutes is created to read:

AB597,35,18 971.17 (1m) (b) 4. If the court orders a defendant to comply with the reporting requirements under s. 301.45, the court may order the defendant to continue to comply with the reporting requirements until his or her death.

AB597, s. 91 Section 91. 971.17 (1m) (b) 5. of the statutes is created to read:

AB597,36,2 971.17 (1m) (b) 5. If the court orders a defendant 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 of not guilty by reason of mental disease or defect 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.

AB597, s. 92 Section 92. 971.19 (9) of the statutes is renumbered 971.19 (9) (intro.) and amended to read:

AB597,36,10 971.19 (9) (intro.) In an action under s. 301.45 (6) (a), the defendant may be tried in the defendant's county of residence at the time that the complaint is filed or, if. If the defendant does not have a county of residence in this state at the time that the complaint is filed, any or if the defendant's county of residence is unknown at the time that the complaint is filed, the defendant may be tried in any of the following counties:

AB597,36,11 (a) Any county in which he or she has resided while subject to s. 301.45.

AB597, s. 93 Section 93. 971.19 (9) (b), (c) and (d) of the statutes are created to read:

AB597,36,15 971.19 (9) (b) The county in which he or she was convicted, found not guilty or not responsible by reason of mental disease or defect or adjudicated delinquent for the sex offense that requires the person to register under s. 301.45.

AB597,36,17 (c) If the defendant is required to register under s. 301.45 (1g) (dt), the county in which the person was found to be a sexually violent person under ch. 980.

AB597,36,20 (d) If the person is required to register only under s. 301.45 (1g) (f) or (g), any county in which the person has been a student in this state or has been employed or carrying on a vocation in this state.

AB597, s. 94 Section 94. 973.048 (2m) of the statutes is amended to read:

AB597,37,4 973.048 (2m) 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, 948.095, 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 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, after a hearing on a motion made by the person, that the person is not required to comply under s. 301.45 (1m).

AB597, s. 95 Section 95. 973.048 (4) of the statutes is created to read:

AB597,37,8 973.048 (4) If the court orders a person to comply with the reporting requirements under s. 301.45, the court may order the person to continue to comply with the reporting requirements until his or her death.

AB597, s. 96 Section 96. 973.048 (5) of the statutes is created to read:

AB597,37,15 973.048 (5) If the court orders a person 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 conviction 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 conviction has been reversed, set aside or vacated.

AB597, s. 97 Section 97. Nonstatutory provisions.

AB597,37,18 (1) Persons registered as sex offenders based on being found in need of protection or services.

AB597,38,2 (a) Notwithstanding section 301.45 (1) (a), 1997 stats., no later than the first day of the 7th month beginning after the effective date of this paragraph, the department of corrections shall, except as provided in paragraphs (d) and (e), purge all of the information maintained in the sex offender registry under section 301.45 of the statutes, as affected by this act, concerning a person who is registered as a sex offender on the effective date of this paragraph solely because the person had been found in need of protection or services on or after December 25, 1993, for an offense specified in section 301.45 (1) (a), 1997 stats.