AB421: Bill Text

AB421,7,10 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed, if the licensee becomes subject to s. 301.49 (4) (b) or if the condition status specified in s. 343.17 (3) (a) 12. or, 13., or 15. or 343.50 (3) (b) no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or, requirement of s. 301.49 (4) (b), or because the condition status specified in s. 343.17 (3) (a) 12. or, 13., or 15. or 343.50 (3) (b) no longer applies. If a licensee applies for a duplicate license or identification card based on s. 301.49 (4) (b), the licensee or card holder shall surrender the existing license or card and the duplicate license or card shall have the appearance specified in s. 343.17 (3) (a) 15. or 343.50 (3) (b). If the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

AB421, s. 7 Section 7. 343.50 (3) of the statutes is renumbered 343.50 (3) (a).

AB421, s. 8 Section 8. 343.50 (3) (b) of the statutes is created to read:

AB421,7,17 343.50 (3) (b) In addition to the requirements of par. (a), an identification card for a person who is a covered person under s. 301.49 (2) shall have a distinctive appearance specified by the department, with a block in the lower right hand corner that is yellow in color and contains the words "SEX OFFENDER" in prominent black capital lettering.

AB421, s. 9 Section 9. 343.50 (4) of the statutes, as affected by 2005 Wisconsin Act 126, is amended to read:

AB421,8,2 343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), (dm), (em), and (er), and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. The department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

AB421, s. 10 Section 10. 938.34 (15o) of the statutes is created to read:

AB421,8,9 938.34 (15o) Sex offender operator's licenses or state identification cards. (a) Except as provided in par. (b), if, under sub. (15m) (am) or (bm), the court orders the juvenile to comply with the reporting requirements under s. 301.45, the court may order the juvenile to comply with the requirements under s. 301.49 (4) if the court determines that it would be in the interest of public protection to have the juvenile comply with s. 301.49 (4).

AB421,8,14 (b) If, under sub. (15m) (bm), the court orders the juvenile to comply with the reporting requirements under s. 301.45 and the juvenile is found to have committed, or to have solicited, conspired, or attempted to commit, a serious sex offense, as defined under s. 301.49 (1) (c), the court shall order the juvenile to comply with the requirements under s. 301.49 (4).

AB421,8,17 (c) In determining under par. (a) whether it would be in the interest of public protection to have the juvenile comply with the requirements under s. 301.49 (4), the court may consider any of the following:

AB421,8,19 1. The ages, at the time of the violation, of the juvenile and the victim of the violation.

AB421,8,20 2. The relationship between the juvenile and the victim of the violation.

AB421,8,22 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

AB421,8,25 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.

AB421,9,1 5. The probability that the juvenile will commit other violations in the future.

AB421,9,3 6. Any other factor that the court determines may be relevant to the particular case.

AB421,9,6 (d) If the court orders a juvenile to comply with the requirements under s. 301.49 (4), the court shall order the juvenile to continue to comply for a period of not less than 15 years and may order the juvenile to comply until his or her death.

AB421,9,12 (e) If the court orders a juvenile to comply with the requirements under s. 301.49 (4), 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.

AB421, s. 11 Section 11. 938.345 (3m) of the statutes is created to read:

AB421,9,19 938.345 (3m) Operator's licenses or state identification cards. (a) Except as provided in par. (b), if, under sub. (3) (a), the court orders the juvenile to comply with the reporting requirements under s. 301.45, the court may order the juvenile to comply with the requirements under s. 301.49 (4) if the court determines that it is in the interest of public protection to have the juvenile comply with the requirements under s. 301.49 (4).

AB421,9,24 (b) If, under sub. (3) (a), the court orders the juvenile to comply with the reporting requirements under s. 301.45 based on a violation of, or the solicitation, conspiracy, or attempt to commit a violation of, a serious sex offense, as defined under s. 301.49 (1) (c), the court shall order the juvenile to comply with the requirements under s. 301.49 (4).

AB421,10,3 (c) In determining under par. (a) whether it is in the interest of public protection to have the juvenile comply with the requirements under s. 301.49 (4), the court may consider any of the following:

AB421,10,5 1. The ages, at the time of the violation, of the juvenile and the victim of the violation.

AB421,10,6 2. The relationship between the juvenile and the victim of the violation.

AB421,10,8 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

AB421,10,11 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.

AB421,10,12 5. The probability that the juvenile will commit other violations in the future.

AB421,10,14 6. Any other factor that the court determines may be relevant to the particular case.

AB421,10,17 (d) If the court orders a juvenile to comply with the requirements under s. 301.49 (4), the court shall order the juvenile to continue to comply for a period of not less than 15 years and may order the juvenile to comply until his or her death.

AB421,10,23 (e) If the court orders a juvenile to comply with the requirements under s. 301.49 (4), the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department. 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 a certificate stating that the finding has been reversed, set aside, or vacated.

AB421, s. 12 Section 12. 971.17 (1m) (title) of the statutes is amended to read:

AB421,11,2 971.17 (1m) (title) Sexual assault; registration and testing; operator's licenses or state identification cards.

AB421, s. 13 Section 13. 971.17 (1m) (c) of the statutes is created to read:

AB421,11,8 971.17 (1m) (c) 1. Except as provided in subd. 2., if, under par. (b) 1m. or 2m., the court orders the defendant to comply with the reporting requirements under s. 301.45, the court may order the defendant to comply with the requirements under s. 301.49 (4) if the court determines that it would be in the interest of public protection to have the defendant comply with the requirements under s. 301.49 (4).

AB421,11,14 2. If the court orders the defendant under par. (b) 2m. to comply with the reporting requirements under s. 301.45 and the defendant is found not guilty by reason of mental disease or defect for a violation of, or for the solicitation, conspiracy, or attempt to commit a violation of, a serious sex offense, as defined in s. 301.49 (1) (c), the court shall order the defendant to comply with the requirements under s. 301.49 (4).

AB421,11,17 3. In determining under subd. 1. whether it would be in the interest of public protection to have the defendant comply with the requirements under s. 301.49, the court may consider any of the following:

AB421,11,19 a. The ages, at the time of the violation, of the defendant and the victim of the violation.

AB421,11,20 b. The relationship between the defendant and the victim of the violation.

AB421,11,22 c. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

AB421,11,25 d. 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.

AB421,12,1 e. The probability that the defendant will commit other violations in the future.

AB421,12,3 f. Any other factor that the court determines may be relevant to the particular case.

AB421,12,6 4. If the court orders a defendant to comply with the requirements under s. 301.49 (4), the court shall order the defendant to continue to comply for a period of not less than 15 years and may order the defendant to comply until his or her death.

AB421,12,13 5. If the court orders a defendant to comply with the requirements under s. 301.49 (4), 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.

AB421, s. 14 Section 14. 973.0485 of the statutes is created to read:

AB421,12,20 973.0485 Sex offender operator's licenses or state identification cards. (1) Except as provided in sub. (2), if, under s. 973.048 (1m) or (2m), a court orders a person to comply with the reporting requirements under s. 301.45 the court may order the person to comply with requirements under s. 301.49 (4) if the court determines that it would be in the interest of public protection to have the person comply with the requirements under s. 301.49 (4).

AB421,12,25 (2) If, under s. 973.048 (2m), a court orders a person to comply with the reporting requirements under s. 301.45 based on a violation of, or for the solicitation, conspiracy, or attempt to commit a violation of, a serious sex offense, as defined in s. 301.49 (1) (c), the court shall order the person to comply with the requirements under s. 301.49 (4).

AB421,13,3 (3) In determining under sub. (1) whether it would be in the interest of public protection to have the person comply with the requirements under s. 301.49 (4), the court may consider any of the following:

AB421,13,5 (a) The ages, at the time of the violation, of the person and the victim of the violation.

AB421,13,6 (b) The relationship between the person and the victim of the violation.

AB421,13,8 (c) Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

AB421,13,11 (d) 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.

AB421,13,12 (e) The probability that the person will commit other violations in the future.

AB421,13,14 (f) Any other factor that the court determines may be relevant to the particular case.

AB421,13,17 (4) If the court orders a person to comply with the requirements under s. 301.49 (4), the court shall order the person to continue to comply for a period of not less than 15 years and may order the person to comply until his or her death.

AB421,13,23 (5) If the court orders a person to comply with the requirements under s. 301.49 (4), 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.

AB421, s. 15 Section 15. Initial applicability.

AB421,14,5 (1) The treatment of section 301.49 (2) (a) of the statutes first applies to persons who are subject to the sex offender registration requirement under section 301.45 of the statutes due to the commission of a serious sex offense, as defined in section 301.49 (1) (c) of the statutes, as created by this act, on the effective date of this subsection.

AB421,14,7 (2) The treatment of section 301.49 (2) (c) of the statutes first applies to a person who are on supervised release on the effective date of this subsection.

AB421, s. 16 Section 16. Effective date.

AB421,14,10 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB421,14,11 (End)