AB566: Bill Text

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.

AB566, s. 24 Section 24. 938.185 (1) (intro.) of the statutes is amended to read:

AB566,28,13 938.185 (1) Proceedings generally. (intro.) Subject to subs. (3), (3m), and (4), venue for any proceeding under ss. 938.12, 938.125, 938.13, 938.135, and 938.18 may be in any of the following:

AB566, s. 25 Section 25. 938.185 (3m) of the statutes is created to read:

AB566,28,20 938.185 (3m) Violent offender registry violations. Venue for a proceeding under s. 938.12 or 938.13 (12) based on an alleged violation of s. 301.55 (8) (a) or (b) may be in the juvenile's county of residence at the time that the petition is filed. If the juvenile does not have a county of residence in this state at the time that the petition is filed, or if the juvenile's county of residence is unknown at the time that the petition is filed, venue for the proceeding may be in any of the following counties:

AB566,28,21 (a) Any county in which the juvenile has resided while subject to s. 301.55.

AB566,28,24 (b) The county in which the juvenile was adjudicated delinquent or found not responsible by reason of mental disease or defect for the violent offense that requires the juvenile to register under s. 301.55.

AB566,29,3 (c) If the juvenile is required to register only under s. 301.55 (2) (e) or (f), any county in which the juvenile has been a student in this state or has been employed or carrying on a vocation in this state.

AB566, s. 26 Section 26. 938.34 (15r) of the statutes is created to read:

AB566,29,12 938.34 (15r) Violent offender reporting requirements. (a) Except as provided in par. (b), if the juvenile is adjudicated delinquent on the basis of any misdemeanor or felony violation, or the solicitation, conspiracy, or attempt to commit any misdemeanor or felony violation, the court may require the juvenile to comply with the reporting requirements under s. 301.55 if the court determines that the juvenile's actions demonstrate a pattern of violent activity, as defined in s. 51.20 (13) (cu) 1., and that it would be in the interest of public protection to have the juvenile report under s. 301.55.

AB566,29,16 (b) If the juvenile is adjudicated delinquent for the commission of, or the solicitation, conspiracy, or attempt to commit, a violent offense, as defined in s. 301.55 (1) (d), the court shall require the juvenile to comply with the reporting requirements under s. 301.55.

AB566,29,18 (c) In making its determination under par. (a), the court may consider any of the following:

AB566,29,20 1. The ages, at the time of the violation, of the juvenile and the victim of the violation.

AB566,29,21 2. The injury the victim suffered.

AB566,29,22 3. The probability that the juvenile will commit other violations in the future.

AB566,29,23 4. Any temporary restraining order or injunction issued under ch. 813.

AB566,29,25 5. Any other factor that the court determines may be relevant to the particular case.

AB566,30,6 (d) If the court orders a juvenile to comply with the reporting requirements under s. 301.55, 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 delinquency 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 of delinquency has been reversed, set aside, or vacated.

AB566, s. 27 Section 27. 938.345 (3m) of the statutes is created to read:

AB566,30,15 938.345 (3m) Violent offender registration. (a) If the court finds that a juvenile is in need of protection or services on the basis of the commission of, or the solicitation, conspiracy, or attempt to commit, a violent offense, as defined in s. 301.55 (1) (d), the court may require the individual to comply with the reporting requirements under s. 301.55 if the court determines that the juvenile's actions demonstrate a pattern of violent activity, as defined in s. 51.20 (13) (cu) 1., and that it would be in the interest of public protection to have the juvenile report under s. 301.55.

AB566,30,17 (b) In making its determination under par. (a), the court may consider any of the following:

AB566,30,19 1. The ages, at the time of the violation, of the juvenile and the victim of the violation.

AB566,30,20 2. The injury the victim suffered.

AB566,30,21 3. The probability that the juvenile will commit other violations in the future.

AB566,30,22 4. Any temporary restraining order or injunction issued under ch. 813.

AB566,30,24 5. Any other factor that the court determines may be relevant to the particular case.

AB566,31,6 (c) If the court orders a juvenile to comply with the reporting requirements under s. 301.55, 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.

AB566, s. 28 Section 28. 938.396 (2g) (er) of the statutes is created to read:

AB566,31,15 938.396 (2g) (er) Violent offender registration. Upon request of the department to review court records for the purpose of obtaining information concerning a juvenile who is required to register under s. 301.55, the court shall open for inspection by authorized representatives of the department the records of the court relating to any juvenile who has been adjudicated delinquent or found in need of protection or services or not responsible by reason of mental disease or defect for an offense specified in s. 301.55 (1) (b). The department may disclose information that it obtains under this paragraph as provided under s. 301.55 (11).

AB566, s. 29 Section 29. 950.04 (1v) (v) of the statutes is amended to read:

AB566,31,25 950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 301.55 (11) (c) regarding persons registered under s. 301.55, under s. 302.105 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.