SB580: Bill Text

SB580, s. 2 Section 2. 20.433 (1) (gj) of the statutes is created to read:

SB580,3,8 20.433 (1) (gj) Grants to organizations; child pornography surcharge. All moneys received as part C of any child pornography surcharge imposed under s. 973.042 for grants to organizations under s. 48.982 (4), (6), and (7).

SB580, s. 3 Section 3. 20.455 (2) (gj) of the statutes is created to read:

SB580,4,3 20.455 (2) (gj) General operations; child pornography surcharge. All moneys received as part B of any child pornography surcharge imposed under s. 973.042 for investigating offenses under s. 948.05 or 948.12.

SB580, s. 4 Section 4. 25.67 (2) (a) 3. of the statutes is created to read:

SB580,4,6 25.67 (2) (a) 3. Moneys received as part C of any child pornography surcharge under s. 973.042.

SB580, s. 5 Section 5. 46.07 of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB580,5,2 46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employee of any institution for the benefit of a patient or resident shall immediately be delivered to the steward, who shall enter the money upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046, the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the money in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (c).

SB580, s. 6 Section 6. 48.982 (4) (a) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB580,5,9 48.982 (4) (a) From the appropriations under s. 20.433 (1) (b), (gj), (h), (i), (k), (m), and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a). In each of the first 2 fiscal years in which grants are awarded, no organization may receive a grant or grants totaling more than $30,000.

SB580, s. 7 Section 7. 48.982 (6) (a) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB580,5,16 48.982 (6) (a) From the appropriations under s. 20.433 (1) (b), (gj), (h), (i), (k), (ma), and (q), the board shall award grants to organizations in accordance with the request-for-proposal procedures developed under sub. (2) (a). No organization may receive a grant or grants under this subsection totaling more than $150,000 in any year.

SB580, s. 8 Section 8. 48.982 (7) (a) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB580,5,21 48.982 (7) (a) From the appropriations under s. 20.433 (1) (b), (gj), (h), (i), (k), and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a).

SB580, s. 9 Section 9. 301.32 (1) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB580,6,18 301.32 (1) Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employee of any state correctional institution for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046, the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

SB580, s. 10 Section 10. 302.13 of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB580,7,2 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046, the child pornography surcharge under s. 973.042, and the drug offender diversion surcharge under s. 973.043, shall restore the money and effects to the inmate when discharged.

SB580, s. 11 Section 11. 303.01 (8) (b) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB580,7,16 303.01 (8) (b) The department shall distribute earnings of an inmate or resident, other than an inmate or resident employed under sub. (2) (em), for the crime victim and witness assistance surcharge under s. 973.045 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law. The department may also distribute earnings for the child pornography surcharge under s. 973.042 or the drug offender diversion surcharge under s. 973.043, but only if the inmate or resident has first provided for the reasonable support of his or her dependents.

SB580, s. 12 Section 12. 303.01 (8) (c) 7m. of the statutes is created to read:

SB580,7,19 303.01 (8) (c) 7m. Payment of the child pornography surcharge under s. 973.042.

SB580, s. 13 Section 13. 303.065 (5) (cg) of the statutes is created to read:

SB580,7,21 303.065 (5) (cg) Payment of the child pornography surcharge under s. 973.042.

SB580, s. 14 Section 14. 814.75 (1) of the statutes is renumbered 814.75 (1r).

SB580, s. 15 Section 15. 814.75 (1g) of the statutes is created to read:

SB580,7,24 814.75 (1g) The child pornography surcharge under s. 973.042.

SB580, s. 16 Section 16. 814.76 (1) of the statutes is renumbered 814.76 (1r).

SB580, s. 17 Section 17. 814.76 (1g) of the statutes is created to read:

SB580,8,2 814.76 (1g) The child pornography surcharge under s. 973.042.

SB580, s. 18 Section 18. 939.617 of the statutes is created to read:

SB580,8,10 939.617 Mandatory minimum sentence for certain child sex offenses. If a person is convicted of a violation of s. 948.05, 948.075, or 948.12, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 5 years for violations of s. 948.05 or 948.075 and 3 years for violations of s. 948.12. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court may not place the defendant on probation.

SB580, s. 19 Section 19. 939.623 of the statutes is renumbered 939.618, and 939.618 (title), as renumbered, is amended to read:

SB580,8,14 939.618 (title) Increased penalty; Mandatory minimum sentence for repeat serious sex crimes.

SB580, s. 20 Section 20. 939.624 of the statutes is renumbered 939.619, and 939.619 (title), as renumbered, is amended to read:

SB580,8,18 939.619 (title) Increased penalty; Mandatory minimum sentence for repeat serious violent crimes.

SB580, s. 21 Section 21. 948.05 (1) (intro.) of the statutes is amended to read:

SB580,8,22 948.05 (1) (intro.) Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child is guilty of a Class F C felony:

SB580, s. 22 Section 22. 948.05 (1m) of the statutes is amended to read:

SB580,9,5 948.05 (1m) Whoever produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct is guilty of a Class F C felony if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years.

SB580, s. 23 Section 23. 948.05 (2) of the statutes is amended to read:

SB580,9,9 948.05 (2) A person responsible for a child's welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed in sub. (1) (a) or (b) or (1m) is guilty of a Class F C felony.

SB580, s. 24 Section 24. 948.075 (1) of the statutes is renumbered 948.075 (1r).

SB580, s. 25 Section 25. 948.075 (1g) of the statutes is created to read:

SB580,9,13 948.075 (1g) In this section, "representation" has the meaning given in s. 942.09 (1) (c).

SB580, s. 26 Section 26. 948.075 (3) of the statutes is renumbered 948.075 (3) (intro.) and amended to read:

SB580,9,19 948.075 (3) (intro.) Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor's intent under sub. (1) (1r) shall be necessary to prove that intent. The following are examples of acts that may be used to meet this requirement:

SB580, s. 27 Section 27. 948.075 (3) (a) to (k) of the statutes are created to read:

SB580,9,21 948.075 (3) (a) Traveling any distance with the intent to meet the individual.

SB580,9,23 (b) Reserving accommodations at any hotel, as defined in s. 254.61 (3), with the intent to meet the individual.

SB580,10,3 (c) With the intent to meet the individual, making other arrangements related to travel, including making a reservation for a rental car, renting a car, or making a reservation or purchasing a ticket for bus, train, or airplane travel.

SB580,10,5 (d) Transmitting a representation of any lewd act to the individual through a computerized communication system.

SB580,10,7 (e) Orally communicating with the individual, including through a telephone or a voice over Internet service.

SB580,10,9 (f) Obtaining any representation of the individual or a person whom the actor believes is the individual through the Internet.

SB580,10,11 (g) Sending any item by any means, including mail, delivery service, or personal delivery, with the intent that it be delivered to the individual.

SB580,10,13 (h) Soliciting and receiving any item by any means, including mail, delivery service, or personal delivery, from the individual.

SB580,10,15 (i) Engaging in surveillance of or a course of conduct, as defined in s. 940.32 (1) (a), directed at the individual or a person whom the actor believes is the individual.

SB580,10,17 (j) Causing another person to engage in conduct described in par. (i) for the purpose of enabling the actor to avoid detection by a law enforcement officer.

SB580,10,19 (k) Acquiring sex toys, intimate apparel, or other items that are used primarily in the course of sexual activity.

SB580, s. 28 Section 28. 948.12 (1m) (intro.) of the statutes is amended to read:

SB580,10,24 948.12 (1m) (intro.) Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class I C felony:

SB580, s. 29 Section 29. 948.12 (2m) (intro.) of the statutes is amended to read:

SB580,11,2 948.12 (2m) (intro.) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, is guilty of a Class I C felony:

SB580, s. 30 Section 30. 948.13 (2) (a) of the statutes is amended to read:

SB580,11,7 948.13 (2) (a) Except as provided in pars. (b) and (c), whoever has been convicted of a serious child sex offense and subsequently engages in an occupation or participates in a volunteer position that requires him or her to work or interact primarily and directly with children under 16 years of age is guilty of a Class F felony.

SB580, s. 31 Section 31. 948.13 (2m) (a) (intro.) of the statutes is amended to read:

SB580,11,15 948.13 (2m) (a) (intro.) A person who has been convicted of a crime under s. 948.02 (2) or 948.025 (1) may petition the court in which he or she was convicted to order that the person be exempt from sub. (2) (a) and permitted to engage in an occupation or participate in a volunteer position that requires the person to work or interact primarily and directly with children under 16 years of age. The court may grant a petition filed under this paragraph if the court finds that all of the following apply:

SB580, s. 32 Section 32. 948.13 (3) of the statutes is amended to read:

SB580,11,22 948.13 (3) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact primarily and directly with children under 16 years of age: teaching children, child care, youth counseling, youth organization, coaching children, parks or playground recreation or school bus driving.

SB580, s. 33 Section 33. 973.042 of the statutes is created to read:

SB580,12,3 973.042 Child pornography surcharge. (1) In this section, "image" includes a video recording, a visual representation, a positive or negative image on exposed film, and data representing a visual image.

SB580,12,8 (2) If a court imposes a sentence or places a person on probation for a crime under s. 948.05 or 948.12, the court shall impose a child pornography surcharge of $500 for each image or each copy of an image associated with the crime. The court shall determine the number or images or copies of images associated with the crime by a preponderance of the evidence and without a jury.

SB580,12,10 (3) The clerk shall record any surcharge imposed under this section in 3 parts as follows:

SB580,12,11 (a) Part A is 50 percent of any amount collected.

SB580,12,12 (b) Part B is 30 percent of any amount collected.

SB580,12,13 (c) Part C is 20 percent of any amount collected.

SB580,12,17 (4) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

SB580,12,22 (5) The secretary of administration shall credit part A of the surcharge to the appropriation account under s. 20.410 (1) (gj). The secretary of administration shall credit part B of the surcharge to the appropriation account under s. 20.455 (2) (gj). The secretary of administration shall deposit part C of the surcharge in the children's trust fund and credit it to the appropriation account under s. 20.433 (1) (gj).

SB580,13,2 (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the child pornography surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected under this subsection shall be transmitted to the secretary of administration.

SB580, s. 34 Section 34. 973.05 (2m) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB580,14,4 973.05 (2m) Payments under this section shall be applied first to payment of the penalty surcharge until paid in full, shall then be applied to the payment of the jail surcharge until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement surcharge until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the child pornography surcharge until paid in full, shall then be applied to the drug abuse program improvement surcharge until paid in full, shall then be applied to the drug offender diversion surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to the truck driver education surcharge if applicable until paid in full, shall then be applied to payment of the domestic abuse surcharge until paid in full, shall then be applied to payment of the consumer protection surcharge until paid in full, shall then be applied to payment of the natural resources surcharge if applicable until paid in full, shall then be applied to payment of the natural resources restitution surcharge until paid in full, shall then be applied to the payment of the environmental surcharge if applicable until paid in full, shall then be applied to the payment of the wild animal protection surcharge if applicable until paid in full, shall then be applied to payment of the weapons surcharge until paid in full, shall then be applied to payment of the uninsured employer surcharge until paid in full, shall then be applied to payment of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full, and shall then be applied to payment of the fine and the costs and fees imposed under ch. 814.

SB580, s. 35 Section 35. Initial applicability.

SB580,14,8 (1) The treatment of section 973.042 of the statutes first applies to violations of section 948.05 or 948.12 of the statutes that are committed on the effective date of this subsection.

SB580,14,9 (End)