AB566: Bill Text

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.

AB566, s. 30 Section 30. 971.17 (1r) of the statutes is created to read:

AB566,32,9 971.17 (1r) Violent offender registration. (a) Except as provided in par. (b), if the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation, or for the solicitation, conspiracy, or attempt to commit a violation, of any misdemeanor or felony, the court may require the defendant to comply with the reporting requirements under s. 301.55 if the court determines that the defendant'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 defendant report under s. 301.55.

AB566,32,13 (b) If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for the commission of, or for the solicitation, conspiracy, or attempt to commit, a violent offense, as defined in s. 301.55 (1) (d), the court shall require the defendant to comply with the reporting requirements under s. 301.55.

AB566,32,15 (c) In making its determination under par. (a), the court may consider any of the following:

AB566,32,17 1. The ages, at the time of the violation, of the defendant and the victim of the violation.

AB566,32,18 2. The injury the victim suffered.

AB566,32,19 3. The probability that the defendant will commit other violations in the future.

AB566,32,20 4. Any temporary restraining order or injunction issued under ch. 813.

AB566,32,22 5. Any other factor that the court determines may be relevant to the particular case.

AB566,33,4 (d) If the court orders a defendant 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 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.

AB566, s. 31 Section 31. 971.19 (9m) of the statutes is created to read:

AB566,33,11 971.19 (9m) In an action under s. 301.55 (8) (a) or (b), the defendant may be tried in the defendant's county of residence at the time that the complaint is filed. If the defendant does not have a county of residence in this state at the time that the complaint is filed, or if the defendant's county of residence is unknown at the time that the complaint is filed, the defendant may be tried in any of the following counties:

AB566,33,12 (a) Any county in which he or she has resided while subject to s. 301.55.

AB566,33,15 (b) The county in which he or she was convicted, found not guilty, or not responsible, by reason of mental disease or defect, or adjudicated delinquent for the violent offense that requires the person to register under s. 301.55.

AB566,33,18 (c) If the person is required to register only under s. 301.55 (2) (e) or (f), any county in which the person has been a student in this state or has been employed or carrying on a vocation in this state.

AB566, s. 32 Section 32. 973.017 (3) (bg) of the statutes is created to read:

AB566,33,21 973.017 (3) (bg) The fact that the person committed the crime using information that was provided to him or her under s. 301.55 (11).

AB566, s. 33 Section 33. 973.0485 of the statutes is created to read:

AB566,34,4 973.0485 Violent offender reporting requirements. (1) Except as provided in sub. (2), if a court imposes a sentence or places a person on probation for a violation of a felony or a misdemeanor, the court may require the person to comply with the reporting requirements under s. 301.55 if the court determines that the person'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 person report under s. 301.55.

AB566,34,8 (2) If a court imposes a sentence or places a person on probation for the commission of, or for the solicitation, conspiracy, or attempt to commit, a violent offense, as defined in s. 301.55 (1) (d), the court shall require the person to comply with the reporting requirements under s. 301.55.

AB566,34,10 (3) In making its determination under sub. (1), the court may consider any of the following:

AB566,34,12 (a) The ages, at the time of the violation, of the person and the victim of the violation.

AB566,34,13 (b) The injury the victim suffered.

AB566,34,14 (c) The probability that the person will commit other violations in the future.

AB566,34,15 (d) Any temporary restraining order or injunction issued under ch. 813.

AB566,34,17 (e) Any other factor that the court determines may be relevant to the particular case.

AB566,34,23 (4) If the court orders a person 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 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.

AB566, s. 34 Section 34. Initial applicability.

AB566,35,7 (1) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for purposes of determining under section 301.55 (7m) (b) 1. a. or b. or (c) 2. of the statutes, as created by this act, whether the person has been convicted or found not guilty, or not responsible, by reason of mental disease, defect, or illness or of insanity, for a violent offense as defined in section 301.55 (1) (d) of the statutes, as created by this act.

AB566, s. 35 Section 35. Effective date.

AB566,35,10 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB566,35,11 (End)