2009 - 2010 LEGISLATURE
February 19, 2010 - Introduced by Representatives Kessler, Friske, Roys,
Sherman, Grigsby, A. Williams, Bies, Vruwink, Parisi, Danou, Mursau,
Nygren, A. Ott, Townsend, M. Williams, Ballweg, Petrowski, Spanbauer,
Wood, Toles and Newcomer, cosponsored by Senator Taylor. Referred to
Committee on Corrections and the Courts.
1An Act to repeal
301.48 (1) (a) and 301.48 (1) (c); to renumber
980.08 (9) (a); 2to renumber and amend
301.48 (3) (c), 971.17 (3) (e) and 980.08 (9) (b); to
301.48 (1) (b), 301.48 (3) (a) 1., 301.48 (3) (a) 3. and 301.48 (3) (d) 1.; and 4to create
66.0408, 301.133, 301.48 (3m) (title), 301.48 (3m) (a) 1., 301.48 (3m) 5
(b), 301.48 (8), 302.116 (3), 304.06 (1r), 975.10 (1m) and 980.08 (9) (bm) of the 6
statutes; relating to: conditions of release to extended supervision, parole,
7conditional release, and supervised release, and conditions of probation, for sex
8offenders who committed certain crimes against children; prohibited areas for
9sex offenders who committed certain crimes against children; prohibiting a
10political subdivision from regulating the placement or residency of sex
11offenders; and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Corrections (DOC) to maintain active
lifetime global positioning system (GPS) tracking of sex offenders who have been
committed as sexually violent persons and certain sex offenders who have committed
specified sex offenses against a child. DOC must also, if necessary to protect public
safety, create for these sex offenders areas that they are prohibited from entering or
areas that they are prohibited from leaving. A person who violates such a prohibition
is subject to a $200 forfeiture.
Under this bill, if the crime that led to the GPS tracking requirement is a level
1 child sex offense or if the person is found to be a sexually violent person, DOC must
generally prohibit the person, while he or she is on parole, probation, extended
supervision, conditional release, or supervised release, from entering certain areas
including any area where persons under 16 years of age congregate, including
schools, day care centers, playgrounds, parks, and published school bus stops. If a
person violates the prohibition, his or her release is revoked and he or she is guilty
of a Class I felony. In addition, under this bill, if the crime that led to the GPS
tracking requirement is a level 1 child sex offense and if the tracked person enters
or leaves an area that DOC prohibited him or her from entering or from leaving to
protect public safety, the person's release is also revoked.
This bill also prohibits a political subdivision (a city, village, town, or county)
from enacting or enforcing an ordinance or resolution that specifically affects the
placement or residency of, or areas that may not be entered or exited by, a registered
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB759, s. 1
66.0408 of the statutes is created to read:
266.0408 Local regulation of sex offenders. (1)
In this section:
(a) "Political subdivision" means a city, village, town, or county.
(b) "Sex offender" means a person who is a registered sex offender under s. 5
(a) A political subdivision may not enact an ordinance or adopt a resolution 7
that specifically affects the placement or residency of, or areas that may not be 8
entered or exited by, an individual based on that individual's status as a sex offender.
(b) If a political subdivision has in effect on the effective date of this paragraph 2
.... [LRB inserts date], an ordinance or resolution that is inconsistent with par. (a), 3
the ordinance or resolution does not apply and may not be enforced.
AB759, s. 2
301.133 of the statutes is created to read:
5301.133 Condition of probation for certain sex offenders.
As a condition 6
of probation, any person who is subject to a prohibition under s. 301.48 (3m) (a) 1. 7
may not violate a prohibition under s. 301.48 (3m) (a) or (c).
AB759, s. 3
301.48 (1) (a) of the statutes is repealed.
AB759, s. 4
301.48 (1) (b) of the statutes is amended to read:
(b) "Global positioning system tracking" means tracking using a 11
system that actively monitors and identifies a person's location and timely reports 12
or records the person's presence near or at a crime scene or in an exclusion zone or
13the person's departure from an inclusion zone and timely reports or records if the
14person appears to be violating a prohibition under sub. (3m) (a) or (c)
. "Global 15
positioning system tracking" includes comparable technology.
AB759, s. 5
301.48 (1) (c) of the statutes is repealed.
AB759, s. 6
301.48 (3) (a) 1. of the statutes is amended to read:
(a) 1. Use field monitoring equipment that supports cellular 19
communications with as large a coverage area as possible and shall automatically 20
provide instantaneous information regarding the whereabouts of a person who is 21
being monitored, including information regarding the person's presence in an
22exclusion zone established under par. (c) or absence from an inclusion zone
23established under par. (c) any apparent violation of a prohibition under sub. (3m) (a)
AB759, s. 7
301.48 (3) (a) 3. of the statutes is amended to read:
(a) 3. Immediately alert the department and the local law 2
enforcement agency having jurisdiction over the exclusion or inclusion zone
if the 3
person stays in any exclusion zone for any longer period than the time needed to
4travel through the zone to get to another destination or if the person leaves any
5inclusion zone appears to be in violation of any prohibition under sub. (3m) (a) or (c)
AB759, s. 8
301.48 (3) (c) of the statutes is renumbered 301.48 (3m) (a) 2. and 7
amended to read:
(a) 2. For each person who is subject to global positioning system
9tracking under this section, the department shall create individualized exclusion
10and inclusion zones for the person, if necessary to protect public safety. In creating
11exclusion zones In addition to any prohibition under subd. 1.
, the department shall 12prohibit any person subject to global positioning tracking under this section from
13entering any specific area if necessary to protect public safety. If the department
14creates a prohibition under this subdivision, the department shall
focus on areas 15
where children congregate, with perimeters of 100 to 250 feet, and on areas where 16
the person has been prohibited from going as a condition of probation, extended 17
supervision, parole, conditional release, supervised release, or lifetime supervision. 18In creating inclusion zones
19(c) The department shall prohibit any person who is subject to global
20positioning system tracking under this section from leaving any specific area if
21necessary to protect public safety. When creating a prohibition under this paragraph 22
for a person who is
on supervised release, the department shall consider s. 980.08 (9) 23(a)
AB759, s. 9
301.48 (3) (d) 1. of the statutes is amended to read:
(d) 1. The department of corrections has been alerted under par. (a) 2
3. that the person being tracked has improperly stayed in an exclusion zone or
3improperly left an inclusion zone violated a prohibition under sub. (3m) (a) or (c)
AB759, s. 10
301.48 (3m) (title) of the statutes is created to read:
(title) Prohibited areas.
AB759, s. 11
301.48 (3m) (a) 1. of the statutes is created to read:
(a) 1. If a person is subject to lifetime tracking under sub. (2) (b) 8
1. or 2. and is on supervised release or if a person is subject to lifetime tracking under 9
sub. (2) (a) or (b) 3. and is on parole, probation, conditional release, or extended 10
supervision for committing a level 1 child sex offense, the department shall prohibit 11
that person from entering specific areas where persons under 16 years of age 12
congregate, including but not limited to, schools, day care centers, playgrounds, 13
parks, and published school bus stops.
AB759, s. 12
301.48 (3m) (b) of the statutes is created to read:
(b) A person does not violate the prohibition against entering an 16
area under par. (a) 1. or 2. if any of the following apply:
1. The person's voting location is within the area and the entry is during the 18
hours that are designated for voting.
2. The person is dropping off or picking up his or her relative at a child care 20
facility or school.
3. The person has entered the area for the purpose of travelling through the 22
area to get to another destination.
4. The department of corrections or the department of health services, 24
whichever is supervising the person, has given prior approval for the person to enter 25
AB759, s. 13
301.48 (8) of the statutes is created to read:
301.48 (8) Penalty.
Whoever violates a prohibition under sub. (3m) (a) 1. is 3
guilty of a Class I felony.
AB759, s. 14
302.116 (3) of the statutes is created to read:
As a condition of parole, any person who is subject to a prohibition 6
under s. 301.48 (3m) (a) 1. may not violate a prohibition under s. 301.48 (3m) (a) or 7
AB759, s. 15
304.06 (1r) of the statutes is created to read: