SB301: Bill Text

(34) "Sexual contact" means any of the following if done for the purpose of sexual humiliation, degradation, arousal, or gratification:

(a) The intentional touching by the defendant or, upon the defendant's instruction, by a third person of the clothed or unclothed intimate parts of another person with any part of the body, clothed or unclothed, or with any object or device.

(b) The intentional touching by the defendant or, upon the defendant's instruction, by a third person of any part of the body, clothed or unclothed, of another person with the intimate parts of the body, clothed or unclothed.

(c) The intentional penile ejaculation of ejaculate or the intentional emission of urine or feces by the defendant or, upon the defendant's instruction, by a third person upon any part of the body, clothed or unclothed, of another person.

(d) Intentionally causing another person to ejaculate or emit urine or feces on any part of the actor's body, whether clothed or unclothed.

SB301, s. 309 Section 309. 939.617 of the statutes, as created by 2005 Wisconsin Act 430, is renumbered 939.616.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 433 also created a provision numbered s. 939.617.

SB301, s. 310 Section 310. The treatment of 939.74 (2) (c) of the statutes by 2005 Wisconsin Act 276 is not repealed by 2005 Wisconsin Act 277. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 939.74 (2) (c) reads:

(c) A prosecution for violation of s. 948.02 (2), 948.025 (1) (b), 948.03 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3), or (4), 948.075, 948.08, 948.085, or 948.095 shall be commenced before the victim reaches the age of 45 years or be barred, except as provided in sub. (2d) (c).

SB301, s. 311 Section 311. The treatment of 941.291 (1) (b) of the statutes by 2005 Wisconsin Act 212 is not repealed by 2005 Wisconsin Act 277. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 941.291 (1) (b) reads:

(b) "Violent felony" means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or, if the victim is a financial institution, as defined in s. 943.80 (2), a felony, or the solicitation, conspiracy, or attempt to commit a felony under s. 943.84 (1) or (2).

SB301, s. 312 Section 312. 941.38 (1) (b) 21. of the statutes, as created by 2005 Wisconsin Act 277, is renumbered 941.38 (1) (b) 21m.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 212 also created a provision numbered 941.38 (1) (b) 21.

SB301, s. 313 Section 313. The treatment of 946.42 (1) (a) of the statutes by 2005 Wisconsin Act 344 is not repealed by 2005 Wisconsin Act 434. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 946.42 (1) (a) reads:

(a) "Custody" includes without limitation actual custody of an institution, including a juvenile correctional facility, as defined in s. 938.02 (10p), a secured residential care center for children and youth, as defined in s. 938.02 (15g), a juvenile detention facility, as defined in s. 938.02 (10r), a Type 2 residential care center for children and youth, as defined in s. 938.02 (19r), a facility used for the detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065, or a juvenile portion of a county jail, or actual custody of a peace officer or institution guard. "Custody" also includes the constructive custody of persons placed on supervised release under ch. 980 and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h), or (4m), or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile, or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee, or person on extended supervision by the department of corrections or a probation, extended supervision, or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

SB301, s. 314 Section 314. 948.085 (2) 1., 2. and 3. of the statutes, as created by 2005 Wisconsin Act 277, are renumbered 948.085 (2) (a), (b) and (c).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) correcting a numbering error.

SB301, s. 315 Section 315 . 948.095 (3) (d) of the statutes, as created by 2005 Wisconsin Act 274, is renumbered 948.095 (3) (d) (intro.) and amended to read:

SB301,111,8 948.095 (3) (d) (intro.) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact directly with children: teaching

SB301,111,9 1. Teaching children, child.

SB301,111,10 2. Child care, youth.

SB301,111,11 3. Youth counseling, youth.

SB301,111,12 4. Youth organization, coaching.

SB301,111,13 5. Coaching children, parks.

SB301,111,14 6. Parks or playground recreation, or school.

SB301,111,15 7. School bus driving.

Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.

SB301, s. 316 Section 316. 948.13 (3) of the statutes is renumbered 948.13 (3) (intro.) and amended to read:

SB301,111,21 948.13 (3) (intro.) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact primarily and directly with children under 16 years of age: teaching

SB301,111,22 (a) Teaching children, child.

SB301,112,1 (b) Child care, youth.

SB301,112,2 (c) Youth counseling, youth.

SB301,112,3 (d) Youth organization, coaching.

SB301,112,4 (e) Coaching children, parks.

SB301,112,5 (f) Parks or playground recreation or school.

SB301,112,6 (g) School bus driving.

Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.

SB301, s. 317 Section 317. The treatment of 949.03 (1) (b) of the statutes by 2005 Wisconsin Act 212 is not repealed by 2005 Wisconsin Act 277. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 949.03 (1) (b) reads:

(b) The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24, 940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), 943.32, 943.81, 943.86, 943.87, 948.02, 948.025, 948.03, 948.04, 948.07, 948.085, 948.095, 948.20, 948.30 or 948.51.

SB301, s. 318 Section 318. 950.04 (1v) (m) of the statutes is amended to read:

SB301,112,12 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1. 1g., 938.335 (3m) (a) (ag), and 972.14 (3) (a).

Note: Corrects cross-reference. The substance of s. 938.32 (1) (b) 1. was moved to s. 938.32 (1) (b) 1g. and the substance of s. 938.335 (3m) (a) was moved to s. 938.335 (3m) (ag) by 2005 Wis. Act 344.

SB301, s. 319 Section 319. 950.04 (1v) (w) of the statutes is amended to read:

SB301,112,16 950.04 (1v) (w) To have the department of corrections make a reasonable attempt to notify the victim under s. 303.068 (4m) regarding leave granted to qualified inmates under s. 303.068.

Note: Inserts missing "s." The correction is shown in the printed statutes.

SB301, s. 320 Section 320. The treatment of s. 961.577 of the statutes by 2005 Wisconsin Act 90 is not repealed by 2005 Wisconsin Act 116. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 961.577 reads:

961.577 Municipal ordinances. Nothing in this subchapter precludes a city, village, or town from prohibiting conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2) or a county from prohibiting conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2).

SB301, s. 321 Section 321. The treatment of 969.08 (10) (b) of the statutes by 2005 Wisconsin Act 212 is not repealed by 2005 Wisconsin Act 277. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 969.08 (10) (b) reads:

(b) "Serious crime" means any crime specified in s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), 943.30, 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.085, or 948.30 or, if the victim is a financial institution, as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2).

SB301, s. 322 Section 322. The treatment of 970.03 (4) (a) of the statutes by 2005 Wisconsin Act 155 is not repealed by 2005 Wisconsin Act 277. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 970.03 (4) (a) reads:

(a) If the defendant is accused of a crime under s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.085, or 948.095, the court may exclude from the hearing all persons who are not officers of the court, members of the complainant's or defendant's families or others considered by the court to be supportive of the complainant or defendant, the service representative, as defined in s. 895.45 (1) (c), or other persons required to attend, if the court finds that the state or the defendant has established a compelling interest that would likely be prejudiced if the persons were not excluded. The court may consider as a compelling interest, among others, the need to protect a complainant from undue embarrassment and emotional trauma.

SB301, s. 323 Section 323. 972.15 (4) of the statutes, as affected by 2005 Wisconsin Acts 311 and 434, is amended to read:

SB301,113,11 972.15 (4) Except as provided in sub. (4m) or, (5), or (6), after sentencing or (6) the presentence investigation report shall be confidential and shall not be made available to any person except upon specific authorization of the court.

Note: A cross-reference inserted by 2005 Wis. Act 434 is relocated to accommodate the treatment by 2005 Wis. Act 311.

SB301, s. 324 Section 324. 973.017 (4) (b) 1. and 2. of the statutes are amended to read:

SB301,114,5 973.017 (4) (b) 1. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime had a sexually transmitted disease or acquired immunodeficiency syndrome or had had a positive test for the presence of HIV, antigen, or nonantigenic products of HIV, or an antibody to HIV.

SB301,114,10 2. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime knew that he or she had a sexually transmitted disease or acquired immunodeficiency syndrome or that he or she had had a positive test for the presence of HIV, antigen, or nonantigenic products of HIV, or an antibody to HIV.

Note: Moves misplaced commas.

SB301, s. 325 Section 325. 973.05 (2m) (f) of the statutes, as affected by 2005 Wisconsin Acts 149 and 433, is amended to read:

SB301,114,14 973.05 (2m) (f) To payment of the deoxyribonucleic acid analysis surcharge until paid in full shall then be applied to.

SB301,114,15 (fm) To payment of the child pornography surcharge until paid in full,.

Note: Conforms the treatment of 973.05 (2m) by 2005 Wis. Act 433 to the revisions made to the provision by 2005 Wis. Act 149.

SB301, s. 326 Section 326. 973.05 (2m) (g) of the statutes, as affected by 2005 Wisconsin Acts 25 and 149, is amended to read:

SB301,114,19 973.05 (2m) (g) To payment of the drug abuse program improvement surcharge until paid in full. shall then be applied to

SB301,114,20 (gm) To payment of the drug offender diversion surcharge until paid in full,.

Note: Conforms the treatment of 973.05 (2m) by 2005 Wis. Act 25 to the revisions made to the provision by 2005 Wis. Act 149.

SB301, s. 327 Section 327. 973.05 (2m) (o) of the statutes, as affected by 2005 Wisconsin Acts 25 and 282, is amended to read:

SB301,115,4 973.05 (2m) (o) To payment of the wild animal protection surcharge until paid in full. shall then be applied to

SB301,115,6 (om) To the payment of the wildlife violator compact surcharge if applicable until paid in full,.

Note: Conforms the treatment of 973.05 (2m) by 2005 Wis. Act 282 to the revisions made to the provision by 2005 Wis. Act 149.

SB301, s. 328 Section 328. 973.055 (title) of the statutes is amended to read:

SB301,115,8 973.055 (title) Domestic abuse assessments surcharges.

Note: 2003 Wis. Act 139 changed the references to "domestic abuse assessments in s. 973.055 to "domestic abuse surcharges" without making the corresponding change to the section title.

SB301, s. 329 Section 329. The treatment of 973.195 (1r) (d) of the statutes by 2005 Wisconsin Act 253 is not repealed by 2005 Wisconsin Act 277. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 973.195 (1r) (d) reads:

(d) If the sentence for which the inmate seeks adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), 948.08, or 948.085, and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.

SB301, s. 330 Section 330. 977.07 (2m) of the statutes is amended to read:

SB301,116,6 977.07 (2m) If the person is found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66, 938.275 (2), 973.06 (1) (e), or 977.076 (1), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. This subsection does not apply to persons who have paid under s. 977.075 (1) (3m).

Note: 2005 Wis. Act 129 renumbered s. 977.075 (1) to s. 977.075 (3m).

SB301, s. 331 Section 331. The treatment of 980.01 (6) (a) of the statutes by 2005 Wisconsin Act 277 is not repealed by 2005 Wisconsin Act 434. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 980.01 (6) (a) reads:

(a) Any crime specified in s. 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06, 948.07, or 948.085.