2003 - 2004 LEGISLATURE
March 12, 2003 - Offered by Representative Gundrum.
AB59-ASA1,1,3 1An Act to amend 69.11 (4) (b), 69.12 (1), 69.15 (4) (b), 767.20 and 786.36 (1)
2(intro.); and to create 301.47 of the statutes; relating to: name changes and
3names used by sex offenders and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, a person may change his or her name by consistently and
continuously using another name, by petitioning a court to have his or her name
changed, or, after being granted a divorce, by asking the court to permit him or her
to use a former surname. This bill prohibits a person required to register as a sex
offender from changing his or her name or using a name other than one by which the
person is identified with the Department of Corrections. This prohibition also
applies to a person who has been found to have committed an offense for which
registration will be, but is not yet, required. With one exception, a person who
violates this prohibition is guilty of a Class H felony, for which he or she may be fined
not more than $10,000, sentenced to a term of imprisonment (consisting of a term of
confinement in state prison followed by a term of extended supervision) of up to six
years, or both. The exception applies to registrants who are required to register as
sex offenders based on their committing misdemeanors. If such a person violates the
prohibition regarding a name change or using another name but has not been
convicted of that offense previously, he or she is guilty of a misdemeanor and may be

fined not more than $10,000, sentenced to the county jail for up to nine months, or
both. Any subsequent offense, however, is a Class H felony.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB59-ASA1, s. 1 1Section 1. 69.11 (4) (b) of the statutes is amended to read:
AB59-ASA1,2,152 69.11 (4) (b) The state registrar may amend an item on a birth certificate that
3affects information about the name, sex, date of birth, place of birth, parent's name,
4or marital status of the mother if 365 days have elapsed since the occurrence of the
5event that is the subject of the birth certificate, if the amendment is at the request
6of a person with a direct and tangible interest in the record and is on a request form
7supplied by the state registrar, and if the amendment is accompanied by 2 items of
8documentary evidence from early childhood that are sufficient to prove that the item
9to be changed is in error and by the affidavit of the person requesting the
10amendment. A change in the marital status on the birth certificate may be made
11under this paragraph only if the marital status is inconsistent with information
12concerning the father or husband that appears on the birth certificate. This
13paragraph may not be used to add to or delete from a birth certificate the name of a
14parent or, to change the identity of a parent named on the birth certificate, or to effect
15a name change prohibited under s. 301.47
AB59-ASA1, s. 2 16Section 2. 69.12 (1) of the statutes is amended to read:
AB59-ASA1,3,1017 69.12 (1) If the state registrar cannot make an amendment to a vital record
18under s. 69.11 and a person with a direct and tangible interest in the vital record
19alleges that information on the vital record does not represent the actual facts in
20effect at the time the record was filed, the person may petition the circuit court of the
21county in which the event which is the subject of the vital record is alleged to have

1occurred. The petition shall be accompanied by a certified copy of the original vital
2record. If the court finds that the petitioner has established the actual facts of the
3event in effect when the record was filed, the clerk of court shall report the court's
4determination to the state registrar on a form prescribed by the state registrar, along
5with the fee required under s. 69.22 (5) (a) 2. Upon receipt of the report, the state
6registrar shall, if information as to the cause of death on the original certificate of
7death is changed, act under sub. (4), or shall change the record under s. 69.11 (5) and
8send a notice of the change to the local registrar who shall make the change in the
9record filed in his or her office. This subsection does not apply to a name change
10prohibited under s. 301.47.
AB59-ASA1, s. 3 11Section 3. 69.15 (4) (b) of the statutes is amended to read:
AB59-ASA1,3,1912 69.15 (4) (b) Any person with a direct and tangible interest in a birth certificate
13registered in this state may petition a court to change the name and sex of the
14registrant on the certificate due to a surgical sex-change procedure. If the state
15registrar receives an order which provides for such a change the state registrar shall
16change the name and sex on the original certificate, except that if the court orders
17the state registrar to prepare a new certificate the state registrar shall prepare a new
18certificate under sub. (6). This subsection does not apply to a name change prohibited
19under s. 301.47.
AB59-ASA1, s. 4 20Section 4. 301.47 of the statutes is created to read:
AB59-ASA1,3,24 21301.47 Sex offender name changes prohibited. (1) In this section, "sex
22offender" means a person who is subject to s. 301.45 (1g) but does not include a person
23who, as a result of a proceeding under s. 301.45 (1m), is not required to comply with
24the reporting requirements of s. 301.45.
1(2) A sex offender may not do any of the following before he or she is released,
2under s. 301.45 (5) or (5m), from the reporting requirements of s. 301.45:
AB59-ASA1,4,33 1. Change his or her name.
AB59-ASA1,4,54 2. Identify himself or herself by a name unless the name is one by which the
5person is identified with the department.
AB59-ASA1,4,6 6(3) Whoever intentionally violates sub. (2) is subject to the following penalties:
AB59-ASA1,4,77 (a) Except as provided in par. (b), the person is guilty of a Class H felony.
AB59-ASA1,4,98 (b) The person may be fined not more than $10,000 or imprisoned for not more
9than 9 months or both if all of the following apply:
AB59-ASA1,4,1310 1. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am),
11938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting
12requirements under s. 301.45 based on a finding that he or she committed or
13solicited, conspired, or attempted to commit a misdemeanor.
AB59-ASA1,4,1514 2. The person was not convicted of another offense under this section before
15committing the present violation.
AB59-ASA1,4,20 16(4) The department shall make a reasonable attempt to notify each person
17required to comply with the reporting requirements under s. 301.45 of the
18prohibition in sub. (2), but neither the department's failure to make such an attempt
19nor the department's failure to notify a person of that prohibition is a defense to a
20prosecution under this section.
AB59-ASA1, s. 5 21Section 5. 767.20 of the statutes is amended to read:
AB59-ASA1,4,24 22767.20 Name of spouse. The Except as provided in s. 301.47, the court, upon
23granting a divorce, shall allow either spouse, upon request, to resume a former legal
24surname, if any.
AB59-ASA1, s. 6 25Section 6. 786.36 (1) (intro.) of the statutes is amended to read:
1786.36 (1) (intro.) Any Except as provided in sub. (3) or s. 301.47, any resident
2of this state, whether a minor or adult, may upon petition to the circuit court of the
3county where he or she resides and upon filing a copy of the notice, with proof of
4publication, as required by s. 786.37, if no sufficient cause is shown to the contrary,
5have his or her name changed or established by order of the court. If the person
6whose name is to be changed is a minor under the age of 14 years, the petition may
7be made by whichever of the following is applicable: