AB566: Bill Text

AB566,14,24 (a) Inform the person whether the state to which the person is moving, the state in which the person will be in school, or the state in which the person will be employed or carrying on a vocation has violent offender registration requirements to which the person may be subject and, if so, the name of the agency to contact in that state for information concerning those requirements.

AB566,15,6 (b) Inform any agency responsible for violent offender registration in the state to which the person is moving, in which the person will be in school, or in which the person will be employed or carrying on a vocation that the person is moving to the state, beginning school in the state, or beginning employment or carrying on a vocation in the state, and provide the agency of the other state with all of the information specified in sub. (3) (a).

AB566,15,10 (7) Restriction on certain registrants establishing or changing residence. No person subject to sub. (2) who is on parole or extended supervision may establish a residence or change his or her residence unless he or she has complied with all of the applicable requirements of subs. (3) (e), (4) (b), and (5) (b).

AB566,15,14 (7m) Release from requirements for persons who committed a violent offense in this state. (a) Except as provided in pars. (b) and (c), a person who is subject to sub. (2) no longer must comply with this section when the following applicable criterion is met:

AB566,15,17 1. a. If the person has been placed on probation or supervision for a violent offense, 15 years after discharge from the probation or supervision imposed for the violent offense.

AB566,15,21 b. If the person is on parole, extended supervision, probation, or other supervision from another state under s. 304.13 (1m), 304.135, 304.16, or 938.988, 15 years after discharge from that parole, extended supervision, probation, or other supervision or the period of time that the person is in this state, whichever is less.

AB566,15,25 2. If the person has been sentenced to prison for a violent offense or placed in a juvenile correctional facility or a secured residential care center for children and youth for a violent offense, 15 years after discharge from parole, extended supervision, or aftercare supervision for the violent offense.

AB566,16,3 3. If the person has been sentenced to prison for a violent offense and is being released from prison because he or she has reached the expiration date of the sentence for the violent offense, 15 years after being released from prison.

AB566,16,9 4. If the person has been committed to the department of health and family services under s. 51.20 or 971.17 and is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 for a violent offense, 15 years after termination of the commitment for the violent offense under s. 971.17 (5) or discharge from the commitment for the violent offense under s. 51.35 (4) or 971.17 (6).

AB566,16,11 5. If the person is registered as a violent offender in another jurisdiction, whichever of the following is less:

AB566,16,13 a. The period of time that the person is a resident of this state, a student in this state, or employed or carrying on a vocation in this state.

AB566,16,18 b. The period of time that the person is registered as a violent offender in another jurisdiction, or 15 years from the date on which the person was released from prison or placed on parole, probation, extended supervision, or other supervision for the violent offense that subjects the person to the requirements of this section, whichever is greater.

AB566,16,20 6. If the person has been found to have committed a violent offense by another jurisdiction and subd. 5. does not apply, whichever of the following is less:

AB566,16,22 a. The period of time that the person is a resident of this state, a student in this state, or employed or carrying on a vocation in this state.

AB566,16,25 b. Fifteen years from the date on which the person was released from prison or placed on parole, probation, extended supervision, or other supervision for the violent offense that subjects the person to the requirements of this section.

AB566,17,3 7. If subd. 1., 2., 3., 4., 5., or 6. does not apply, 15 years after the date of conviction for the violent offense or 15 years after the date of disposition of the violent offense, whichever is later.

AB566,17,8 8. If sub. (2) (g) applies, 15 years from the date on which the person was released from prison or placed on parole, extended supervision, or other supervision for the offense that led to the court ordering under s. 51.20 (13) (cu) 2., 938.34 (15r) (a), 938.345 (3m) (a), 971.17 (1r) (a), or 973.0485 (1) that the person comply with the reporting requirements under this section.

AB566,17,10 (b) 1. A person shall continue to comply with the requirements of this section until his or her death if one of the following applies:

AB566,17,12 a. The person has, on 2 or more separate occasions, been convicted or found not guilty, or not responsible, by reason of mental disease or defect for a violent offense.

AB566,17,16 b. A court orders the person under s. 51.20 (13) (cu) 2., 938.34 (15r) (a), 938.345 (3m) (a), 971.17 (1r) (a), or 973.0485 (1) to comply with the reporting requirements under this section and the person previously has been convicted or found not guilty, or not responsible, by reason of mental disease or defect for a violent offense.

AB566,17,20 c. The person is convicted or found not guilty, or not responsible, by reason of mental disease or defect for a violent offense and a court has previously ordered the person under s. 51.20 (13) (cu) 2., 938.34 (15r) (a), 938.345 (3m) (a), 971.17 (1r) (a), or 973.0485 (1) to comply with the reporting requirements under this section.

AB566,17,25 d. A court orders the person under s. 51.20 (13) (cu) 2., 938.34 (15r) (a), 938.345 (3m) (a), 971.17 (1r) (a), or 973.0485 (1) to comply with the reporting requirements under this section and a court has, on one other separate occasion, ordered the person under s. 51.20 (13) (cu) 2., 938.34 (15r) (a), 938.345 (3m) (a), 971.17 (1r) (a), or 973.0485 (1) to comply with the reporting requirements under this section.

AB566,18,4 2. A conviction or finding of not guilty, or not responsible, by reason of mental disease or defect that has been reversed, set aside, or vacated is not a conviction or finding for purposes of determining under this paragraph whether a person has been convicted on 2 or more separate occasions.

AB566,18,11 (c) A person who is on parole, extended supervision, probation, or other supervision from another state under s. 304.13 (1m), 304.135, 304.16, or 938.988 or a person who is a resident of this state, a student in this state, or employed or carrying on a vocation in this state shall continue to comply with the requirements of this section for as long as the person is a resident of this state, a student in this state, or employed or carrying on a vocation in this state if one or more of the following apply:

AB566,18,13 1. The person is registered as a violent offender in another jurisdiction and the person is required to register with that other jurisdiction until his or her death.

AB566,18,21 2. The person has, on 2 or more separate occasions, been convicted or found not guilty, or not responsible, by reason of insanity or mental disease, illness, or defect for a violent offense or for a violation, or the solicitation, conspiracy, or attempt to commit a violation, of a law of any jurisdiction that is comparable to a violent offense. A conviction or finding of not guilty, or not responsible, by reason of insanity, mental disease, illness, or defect that has been reversed, set aside, or vacated is not a conviction or finding for purposes of determining under this subdivision whether a person has been convicted on 2 or more separate occasions.

AB566,18,23 (8) Penalty. (a) Whoever knowingly fails to comply with any requirement to provide information under subs. (3) to (5) is subject to the following penalties:

AB566,18,24 1. Except as provided in subd. 2., the person is guilty of a Class H felony.

AB566,19,2 2. The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply:

AB566,19,6 a. The person was ordered under s. 51.20 (13) (cu) 2., 938.34 (15r) (a), 938.345 (3m) (a), 971.17 (1r) (a), or 973.0485 (1) to comply with the reporting requirements under this section based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

AB566,19,9 b. The person was not convicted of knowingly failing to comply with any requirement to provide information under subs. (3) to (5) before committing the present violation.

AB566,19,10 (b) Whoever intentionally violates sub. (7) is subject to the following penalties:

AB566,19,11 1. Except as provided in subd. 2., the person is guilty of a Class H felony.

AB566,19,13 2. The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply:

AB566,19,17 a. The person was ordered under s. 51.20 (13) (cu) 2., 938.34 (15r) (a), 938.345 (3m) (a), 971.17 (1r) (a), or 973.0485 (1) to comply with the reporting requirements under this section based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

AB566,19,19 b. The person was not convicted of another violation of sub. (7) before committing the present violation.

AB566,19,22 (c) Whoever knowingly fails to keep information confidential as required under sub. (10) may be fined not more than $500 or imprisoned for not more than 30 days or both.

AB566,20,5 (d) Subject to s. 971.19 (9m), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a knowing failure to comply with any requirement to provide information under subs. (3) to (5). If the department of corrections determines that there is probable cause to believe that a person has knowingly failed to comply with any requirement to provide information under subs. (3) to (5), or has intentionally violated sub. (7), the department shall forward a certified copy of all pertinent departmental information to the applicable district attorney. The department shall certify the copy in accordance with s. 889.08.

AB566,20,13 (9) Notice to other jurisdictions concerning noncompliance. If the department has reasonable grounds to believe that a person who is subject to sub. (2) (e) or (f) is residing in this state, is a student in this state, or is employed or carrying on a vocation in this state and that the person is not complying with the requirements of this section, the department shall notify the state agency responsible for the registration of violent offenders in any state in which the person is registered that it believes the person is not complying with the requirements of this section.

AB566,20,21 (10) Information maintenance and expungement. (a) The department shall maintain information provided under sub. (3). The department shall keep the information confidential except as provided in sub. (11) and s. 301.03 (14), except as needed for law enforcement purposes, and except to provide, in response to a request for information under s. 49.22 (2m) made by the department of workforce development or a county child support agency under s. 59.53 (5), the name and address of an individual registered under this section, the name and address of the individual's employer, and financial information related to the individual.

AB566,20,23 (b) The department may not charge a fee for providing information under this subsection.

AB566,21,2 (c) A person about whom information is maintained in the registry under sub. (3) may request expungement of all pertinent information in the registry if the person's conviction, delinquency adjudication, finding of need of protection or services, or commitment has been reversed, set aside, or vacated.

AB566,21,5 (d) The department shall purge all of the information maintained in the registry under sub. (3) concerning a person to whom par. (c) applies if the department receives all of the following:

AB566,21,6 1. The person's written request for expungement.

AB566,21,9 2. A certified copy of the court order reversing, setting aside, or vacating the conviction, delinquency adjudication, finding of need of protection or services, or commitment.

AB566,21,15 (11) Access to information. (a) Access for law enforcement agencies. 1. When a person registers with the department under sub. (2), the department shall immediately make the information specified in sub. (3) (a) available to the police chief of any community and the sheriff of any county in which the person is residing, is employed, or is attending school. The department shall make information available under this subdivision through a direct electronic data transfer system.

AB566,21,21 2. When a person who is registered under sub. (2) updates information under sub. (5), the department shall immediately make the updated information available to the police chief of any community and the sheriff of any county in which the person is residing, is employed, or is attending school. The department shall make the updated information available under this subdivision through a direct electronic data transfer system.

AB566,21,24 3. In addition to having access to information under subds. 1. and 2., a police chief or sheriff may request that the department provide the police chief or sheriff with information concerning any person registered under sub. (2).

AB566,22,4 4. A police chief or sheriff may provide any of the information to which he or she has access under this subsection to members of the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

AB566,22,17 (b) Public Internet access to information. The department shall provide access to information concerning persons registered under this section by creating and maintaining an Internet site and by any other means that the department determines is appropriate. The information provided through the Internet site shall be organized in a manner that allows a person using the Internet site to obtain the information in sub. (3) (a) and information that the department determines is necessary to protect the public. The department shall keep the information provided on the Internet site and in other means used to allow access to the information secure against unauthorized alteration. The department shall update the information as soon as practically feasible after the department learns of a change in any of the information provided under sub. (3) (a). The department shall provide the means to identify easily changes that have occurred in the residence, employment, or place of school attendance of a person registered under this section.

AB566,22,18 (c) Victim notification. 1. In this paragraph:

AB566,22,20 a. "Member of the family" means spouse, child, parent, sibling, or legal guardian.

AB566,22,21 b. "Victim" means a person against whom a crime has been committed.

AB566,23,2 2. When a person subject to sub. (2) registers under this section or when the person informs the department of a change in information under sub. (3) (a), the department shall make a reasonable attempt to notify the victim or a member of the victim's family who has, according to the records of the department or the information provided under subd. 4., requested to be notified about a person required to register under this section.

AB566,23,8 3. The notice under subd. 2. shall be a written notice to the victim or member of the victim's family that the person required to register under sub. (2) and specified in the information provided under subd. 4. has been registered or, if applicable, has provided the department with updated information under sub. (5). The notice shall contain the information specified in sub. (3) (a) or, if applicable, the updated information.

AB566,23,11 4. The department of health and family services shall provide the department with access to the names of victims or the family members of victims who have completed cards requesting notification under s. 971.17 (6m).

AB566,23,13 (12) Rules. The department shall promulgate rules necessary to carry out its duties under this section.

AB566,23,17 (13) Cooperation. The department of health and family services, the department of workforce development, the department of transportation, and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.

AB566,23,22 (14) Fee. The department may require a person who must register as a violent offender and who is in its custody or on probation, parole, or extended supervision to pay an annual fee to partially offset its costs in monitoring persons on probation, parole, or extended supervision. The department shall establish any such fee by rule, but the fee may not exceed $50.

AB566, s. 12 Section 12. 452.23 (2) (d) of the statutes is amended to read:

AB566,24,3 452.23 (2) (d) Except as provided in s. 452.24 (1m), any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.

AB566, s. 13 Section 13. 452.23 (2) (e) of the statutes is created to read:

AB566,24,7 452.23 (2) (e) Except as provided in s. 452.24 (2m), any information related to the fact that a particular person is required to register as a violent offender under s. 301.55 or any information about the violent offender registry under s. 301.55.

AB566, s. 14 Section 14. 452.24 (title) of the statutes is amended to read:

AB566,24,10 452.24 (title) Disclosure duty; immunity for providing notice about the sex offender registry or the violent offender registry.

AB566, s. 15 Section 15. 452.24 (1) of the statutes is renumbered 452.24 (1m) (a).

AB566, s. 16 Section 16. 452.24 (2) of the statutes is renumbered 452.24 (1m) (b) and amended to read:

AB566,24,20 452.24 (1m) (b) Notwithstanding sub. (1) par. (a), the broker or salesperson is immune from liability for any act or omission related to the disclosure of information under sub. (1) par. (a) if the broker or salesperson in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.

AB566, s. 17 Section 17. 452.24 (2m) of the statutes is created to read:

AB566,25,3 452.24 (2m) (a) If, in connection with the sale, exchange, purchase, or rental of real property, a licensee receives a request from a person to whom the licensee is providing brokerage services in connection with the sale, exchange, purchase, or rental for information related to whether a particular person is required to register as a violent offender under s. 301.55 or any other information about the violent offender registry under s. 301.55, the licensee has a duty to disclose such information, if the licensee has actual knowledge of the information.

AB566,25,10 (b) Notwithstanding par. (a), the broker or salesperson is immune from liability for any act or omission related to the disclosure of information under par. (a) if the broker or salesperson in a timely manner provides to the person requesting the information written notice that the person may obtain information about the violent offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.

AB566, s. 18 Section 18. 704.50 (title) of the statutes is amended to read:

AB566,25,13 704.50 (title) Disclosure duty; immunity for providing notice about the sex offender registry or the violent offender registry.

AB566, s. 19 Section 19. 704.50 (1), (2) and (3) of the statutes are renumbered 704.50 (1m) (a), (b) and (c), and 704.50 (1m) (a) and (c), as renumbered, are amended to read:

AB566,25,20 704.50 (1m) (a) Except as provided in sub. (2) par. (b), a landlord or his or her agent has no duty to disclose to any person in connection with the rental of real property any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.

AB566,26,2 (c) Notwithstanding sub. (2) par. (b), the landlord or agent is immune from liability for any act or omission related to the disclosure of information under sub. (2) par. (b) if the landlord or agent in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.

AB566, s. 20 Section 20. 704.50 (2m) of the statutes is created to read:

AB566,26,8 704.50 (2m) (a) Except as provided in par. (b), a landlord or his or her agent has no duty to disclose to any person in connection with the rental of real property any information related to the fact that a particular person is required to register as a violent offender under s. 301.55 or any information about the violent offender registry under s. 301.55.

AB566,26,14 (b) If, in connection with the rental of real property, a person requests of a landlord or his or her agent information related to whether a particular person is required to register as a violent offender under s. 301.55 or any other information about the violent offender registry under s. 301.55, the landlord or agent has a duty to disclose such information, if the landlord or agent has actual knowledge of the information.

AB566,26,21 (c) Notwithstanding par. (b), the landlord or agent is immune from liability for any act or omission related to the disclosure of information under par. (b) if the landlord or agent in a timely manner provides to the person requesting the information written notice that the person may obtain information about the violent offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.

AB566, s. 21 Section 21. 706.20 (title) of the statutes is amended to read:

AB566,26,24 706.20 (title) Disclosure duty; immunity for providing notice about the sex offender registry or the violent offender registry.

AB566, s. 22 Section 22. 706.20 (1), (2) and (3) of the statutes are renumbered 706.20 (1m) (a), (b) and (c), and 706.20 (1m) (a) and (c), as renumbered, are amended to read:

AB566,27,7 706.20 (1m) (a) Except as provided in sub. (2) par. (b), an owner of an interest in real property has no duty to disclose to any person in connection with the sale, exchange, purchase, or rental of the real property any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.

AB566,27,14 (c) Notwithstanding sub. (2) par. (b), the owner is immune from liability for any act or omission related to the disclosure of information under sub. (2) par. (b) if the owner in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.

AB566, s. 23 Section 23. 706.20 (2m) of the statutes is created to read:

AB566,27,20 706.20 (2m) (a) Except as provided in par. (b), an owner of an interest in real property has no duty to disclose to any person in connection with the sale, exchange, purchase, or rental of the real property any information related to the fact that a particular person is required to register as a violent offender under s. 301.55 or any information about the violent offender registry under s. 301.55.

AB566,28,2 (b) If, in connection with the sale, exchange, purchase, or rental of real property, a person requests of an owner of an interest in the real property information related to whether a particular person is required to register as a violent offender under s. 301.55 or any other information about the violent offender registry under s. 301.55, the owner has a duty to disclose such information, if the owner has actual knowledge of the information.

AB566,28,9 (c) Notwithstanding par. (b), the owner is immune from liability for any act or omission related to the disclosure of information under par. (b) if the owner in a timely manner provides to the person requesting the information written notice that the person may obtain information about the violent offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.