AB22: Bill Text

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

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:

AB22, s. 1 Section 1. 29.934 (1) (d) of the statutes is amended to read:

AB22,4,3 29.934 (1) (d) The provisions of s. 973.075 (1) (b) 2m. and (5) (am) and (c) apply to boats and vehicles, other than motor vehicles, under this subsection.

AB22, s. 2 Section 2. 301.03 (20r) of the statutes is created to read:

AB22,4,7 301.03 (20r) Monitor the use of computers, as defined in s. 943.70 (1) (am), by child sex offenders, as defined in s. 302.116 (1) (ac), who are on probation, parole, or extended supervision.

AB22, s. 3 Section 3. 302.116 (1) (a) of the statutes is renumbered 302.116 (1) (at).

AB22, s. 4 Section 4. 302.116 (1) (ac) of the statutes is created to read:

AB22,4,11 302.116 (1) (ac) "Child sex offender" means a person who has been convicted of a serious child sex offense.

AB22, s. 5 Section 5. 302.116 (1) (ae) of the statutes is created to read:

AB22,4,15 302.116 (1) (ae) "Computer" means a computer, as defined in s. 943.70 (1) (am), that may be used to send electronic mail or to view or to listen to computerized child pornography.

AB22, s. 6 Section 6. 302.116 (1) (ag) of the statutes is created to read:

AB22,4,19 302.116 (1) (ag) "Computerized child pornography" means an audio recording, a video recording, or an image of a child engaged in sexually explicit conduct, as defined in s. 948.01 (7), that may be viewed or heard by using a computer.

AB22, s. 7 Section 7. 302.116 (1) (aq) of the statutes is created to read:

AB22,4,21 302.116 (1) (aq) "Serious child sex offense" means any of the following:

AB22,5,3 1. A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under 18 years of age at the time of the offense, or a crime under s. 948.02 (1) or (2), 948.025 (1), 948.05 (1) or (1m), 948.06, 948.07 (1), (2), (3), or (4), 948.075, or 948.12.

AB22,5,6 2. A crime under federal law, under the law of any other state, or, if committed before the effective date of this subdivision .... [revisor inserts date], under the law of this state, if the crime is comparable to a crime specified in subd. 1.

AB22,5,8 3. A conspiracy, solicitation, or attempt to commit an offense under subd. 1. or 2.

AB22, s. 8 Section 8. 302.116 (3) of the statutes is created to read:

AB22,5,11 302.116 (3) All of the following shall be conditions of extended supervision for each child sex offender:

AB22,5,14 (a) He or she may not use a computer unless it is running software that prevents him or her from obtaining access to computerized child pornography or that records any such access for review by his or her extended supervision agent.

AB22,5,17 (b) He or she shall consent to a search by the department, at any time, of any computer that he or she uses and shall consent to the use of anything seized from the computer as evidence in any administrative or court proceeding.

AB22,5,19 (c) He or she shall allow the department to monitor and review his or her use of any computer to communicate with others.

AB22,5,22 (d) He or she shall allow the department to install and use software, on any computer that he or she uses, for the purpose of preventing the computer from being used in preparation for or in conjunction with a violation of s. 948.07 or 948.075.

AB22, s. 9 Section 9. 304.061 of the statutes is created to read:

AB22,5,25 304.061 Parole conditions for a serious child sex offender. (1) In this section:

AB22,6,1 (a) "Child sex offender" has the meaning given in s. 302.116 (1) (ac).

AB22,6,2 (b) "Computer" has the meaning given in s. 302.116 (1) (ae).

AB22,6,3 (2) All of the following shall be conditions of parole for each child sex offender:

AB22,6,7 (a) He or she may not use a computer unless it is running software that prevents him or her from obtaining access to computerized child pornography, as defined in s. 302.116 (1) (ag), or that records any such access for review by his or her parole agent.

AB22,6,10 (b) He or she shall consent to a search by the department, at any time, of any computer that he or she uses and shall consent to the use of anything seized from the computer as evidence in any administrative or court proceeding.

AB22,6,12 (c) He or she shall allow the department to monitor and review his or her use of any computer to communicate with others.

AB22,6,15 (d) He or she shall allow the department to install and use software, on any computer that he or she uses, for the purpose of preventing the computer from being used in preparation for or in conjunction with a violation of s. 948.07 or 948.075.

AB22, s. 10 Section 10. 968.20 (1) (intro.) of the statutes is amended to read:

AB22,6,25 968.20 (1) (intro.) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If Subject to s. 973.075 (5r), if the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205, returned if:

AB22, s. 11 Section 11. 973.075 (1) (f) of the statutes is created to read:

AB22,7,8 973.075 (1) (f) 1. Except as provided in subd. 2. and subject to subd. 3., any computer, as defined in s. 943.70 (1) (am), used in the commission of a serious child sex offense, as defined in s. 302.116 (1) (aq), or a conspiracy, a solicitation, or an attempt to commit a serious child sex offense or used in the commission of any crime to which a person pleads guilty or no contest if the person does so in a case in which he or she has been charged with a serious child sex offense or a conspiracy, a solicitation, or an attempt to commit a serious child sex offense.

AB22,7,11 2. A computer is not subject to forfeiture under subd. 1. if an owner did not know that it was being used or was to be used or consent to it being used in the commission of or an attempt to commit a crime described in subd. 1.

AB22,7,16 3. If a computer forfeited under subd. 1. is encumbered by a bona fide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.

AB22, s. 12 Section 12. 973.075 (4) of the statutes is amended to read:

AB22,8,2 973.075 (4) When Subject to subs. (4m) and (5r), when property is forfeited under ss. 973.075 to 973.077, the agency seizing the property may sell the property that is not required by law to be destroyed or transferred to another agency. The agency may retain any vehicle for official use or sell the vehicle. The agency seizing the property may deduct 50% 50 percent of the amount received for administrative expenses of seizure, maintenance of custody, advertising and court costs and the costs of investigation and prosecution reasonably incurred. The remainder shall be deposited in the school fund as the proceeds of the forfeiture. If the property forfeited under ss. 973.075 to 973.077 is money, all the money shall be deposited in the school fund.

AB22, s. 13 Section 13. 973.075 (4m) of the statutes is created to read:

AB22,8,8 973.075 (4m) Subject to sub. (5r), if the forfeited property is subject to a bona fide perfected security interest and all of the following apply, the agency shall turn over the forfeited property to the person holding the perfected security interest if the person and the agency believe that the proceeds of any sale of the forfeited property will be less than the amount of the security interest:

AB22,8,9 (a) There is only one person holding such a security interest.

AB22,8,10 (b) The security interest was perfected before the date of the current violation.

AB22,8,12 (c) The holder of the security interest neither had knowledge of nor consented to the commission of that violation.

AB22,8,15 (d) The property was forfeited under sub. (1) (bg), (bj), (bm), (d), or (f), is a vehicle that was forfeited under sub. (1), or is a device that was forfeited under sub. (1) (e).

AB22, s. 14 Section 14. 973.075 (5) (intro.) of the statutes is renumbered 973.075 (5) (am) and amended to read:

AB22,8,20 973.075 (5) (am) All forfeitures under ss. 973.075 to 973.077 shall be made with due provision for the rights of innocent persons under sub. subs. (1) (b) 2m., (bg), (bm), (d) and, (e), and (f) 2. and (3).

AB22,9,3 (c) Except as provided in sub. (5m) and subject to sub. (5r), any property seized but not forfeited shall be returned to its rightful owner. Any person claiming the right to possession of property seized may apply for its return to the circuit court for the county in which the property was seized. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property returned if:

AB22, s. 15 Section 15. 973.075 (5) (a) of the statutes is renumbered 973.075 (5) (c) 1.

AB22, s. 16 Section 16. 973.075 (5) (b) of the statutes is renumbered 973.075 (5) (c) 2.

AB22, s. 17 Section 17. 973.075 (5) (bm) of the statutes is created to read:

AB22,9,9 973.075 (5) (bm) 1. In this paragraph, "innocent owner" means an owner of a computer with respect to whom a court has not made a finding of probable cause under subd. 2. c.

AB22,9,12 2. If the seized property is a computer described in sub. (1) (f), the law enforcement agency that seized the computer shall return it to an innocent owner within 30 days after seizing it, subject to sub. (5r), unless all of the following occur:

AB22,9,15 a. Within 15 days after the seizure, the agency petitions the circuit court for the county in which the computer was seized or in which a prosecution for the crime described in sub. (1) (f) is pending for permission to retain the computer.

AB22,9,18 b. The agency provides notice of its petition to each owner of the real property or vehicle from which the computer was seized and to any other person claiming to be an owner of the computer.

AB22,9,23 c. The court determines that there is probable cause to believe that each owner of the computer knew that it was being used or was to be used or consented to it being used in the commission of a crime described in sub. (1) (f). The agency shall bear the burden of showing probable cause. An owner of the computer may present evidence on this question.

AB22,9,25 3. A petition under subd. 2. may be combined with a complaint filed under s. 973.076, but, notwithstanding any request for an adjournment of forfeiture proceedings made under s. 973.076 (2) (a), the court hearing the petition shall determine whether there is probable cause under subd. 2. c. within 30 days after the computer is seized.

AB22,10,7 4. If the court determines that there is probable cause with respect to each owner of the computer under subd. 2. c., an owner of the computer may apply for its return under s. 968.20 (1) or, if a court determines under s. 973.076 that the property is not subject to forfeiture, under par. (c).

AB22,10,12 5. Notwithstanding subd. 2., if a law enforcement agency has probable cause to believe that the computer was being used or was to be used in the commission of a crime described in sub. (1) (f), the agency may copy any data from the computer. The agency shall preserve any data it copies until the completion of the criminal and forfeiture proceedings.

AB22, s. 18 Section 18. 973.075 (5r) of the statutes is created to read:

AB22,10,20 973.075 (5r) Before selling a computer seized under sub. (1) (f), turning it over to a person holding a bona fide perfected security interest under sub. (4m), or returning it to its owner, the law enforcement agency that seized it shall purge all data from the computer that are or represent contraband, that were used in the commission of a serious child sex offense, as defined in s. 302.116 (1) (aq), or that, in the agency's opinion, were compiled for the purpose of committing a serious child sex offense.

AB22, s. 19 Section 19. 973.09 (8) of the statutes is created to read:

AB22,10,22 973.09 (8) (a) In this subsection:

AB22,10,23 1. "Child sex offender" has the meaning given in s. 302.116 (1) (ac).

AB22,10,24 2. "Computer" has the meaning given in s. 302.116 (1) (ae).

AB22,11,5 (b) If the court places a child sex offender on probation, the court may, as a condition of probation, prohibit the person from using a computer unless it is running software that prevents the person from accessing computerized child pornography, as defined in 302.116 (1) (ag), or that records any such access for review by the person's probation agent.

AB22,11,7 (c) All of the following shall be conditions of probation for each child sex offender:

AB22,11,10 1. He or she shall consent to a search by the department, at any time, of any computer that he or she uses and shall consent to the use of anything seized from the computer as evidence in any administrative or court proceeding.

AB22,11,12 2. He or she shall allow the department to monitor and review his or her use of any computer to communicate with others.

AB22,11,15 3. He or she shall allow the department to install and use software, on any computer that he or she uses, for the purpose of preventing the computer from being used in preparation for or in conjunction with a violation of s. 948.07 or 948.075.

AB22, s. 20 Section 20. Initial applicability.

AB22,11,19 (1) The treatment of section 302.116 (3) of the statutes first applies to persons who are released from prison to extended supervision on the effective date of this subsection.

AB22,11,21 (2) The treatment of section 304.061 of the statutes first applies to persons who are released from prison to parole on the effective date of this subsection.

AB22,11,24 (3) The treatment of sections 29.934 (1) (d), 968.20 (1) (intro.) and 973.075 (1) (f), (4), (4m), (5) (intro.), (a), (b), and (bm), and (5r) of the statutes first applies to crimes committed on the effective date of this subsection.

AB22,11,25 (End)