AB666: Bill Text

LRB-3125/1

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2005 - 2006 LEGISLATURE

2005 Assembly BILL 666

September 15, 2005 - Introduced by Representatives Honadel, Van Roy, Albers, Davis, Gronemus, Hines, Jeskewitz, Montgomery, Moulton, Mursau, Musser, Pettis, Suder and Kreibich, cosponsored by Senators Plale, A. Lasee, Lassa, Lazich and Leibham. Referred to Committee on Criminal Justice and Homeland Security.

AB666,1,2 An Act to create 973.09 (4) (d) of the statutes; relating to: penalties for sex offenses.

Analysis by the Legislative Reference Bureau

Under current law, a person who is convicted of a crime may be placed on probation (unless the person is convicted of a crime punishable by life imprisonment or certain crimes for which a mandatory minimum penalty must be imposed). As a condition of probation, a person may be confined in jail for up to one year. A probationer who is confined in jail may earn a reduction in the term of confinement for good behavior or community service.

This bill provides that a person who is placed on probation for a sex offense and confined in jail as a condition of probation is not eligible to earn a reduction in the term of confinement for good behavior or community service. A sex offense is an offense for which a person may be included on the Department of Corrections sex offender registry. The applicable offenses are: first, second, or third degree sexual assault; sexual assault of a child; sexual exploitation by a therapist; incest; sexual exploitation of a child; causing a child to view or listen to sexual activity; incest with a child; child enticement; using a computer to facilitate a child sex crime; soliciting a child for prostitution; sexual assault of a student by school instructional staff; exposing a child to harmful material; possession of child pornography; child sex offender working with children; abduction of another's child; if the victim is a minor and the offender is not the victim's parent, false imprisonment, or kidnapping; or solicitation, conspiracy, or attempt to commit any of the above listed offenses.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB666, s. 1 Section 1. 973.09 (4) (d) of the statutes is created to read:

AB666,2,6 973.09 (4) (d) Notwithstanding sub. (7m) (a) or s. 302.43, a person placed on probation for a sex offense, as defined in s. 301.45 (1d) (b), and required to serve a term of confinement under this subsection as a condition of probation is not eligible to earn a reduction in the term of confinement for good behavior or community service.

AB666,2,7 (End)