SB281: Bill Text

RLR:nwn:rs

2009 - 2010 LEGISLATURE

2009 Senate BILL 281

August 31, 2009 - Introduced by Senators Plale, Taylor and Darling, cosponsored by Representatives Zigmunt, Parisi, Berceau, Bernard Schaber, Hraychuck, Pope-Roberts, Roys, Suder and Turner. Referred to Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

SB281,1,9 An Act to renumber 301.45 (1p); to renumber and amend 51.20 (13) (ct) 1m., 938.34 (15m) (am), 971.17 (1m) (b) 1m. and 973.048 (1m); to amend 51.20 (13) (ct) 3. (intro.), 301.45 (1p) (title), 301.45 (7) (e) (intro.), 301.45 (7) (e) 1., 938.34 (15m) (c) (intro.), 938.345 (3) (a) (intro.), 971.17 (1m) (b) 3. (intro.) and 973.048 (3) (intro.); and to create 51.20 (13) (ct) 1m. b., 301.45 (1p) (b), 301.45 (7) (f), 938.34 (15m) (am) 2., 938.345 (3) (d), 971.17 (1m) (b) 1m. b. and 973.048 (1m) (b) of the statutes; relating to: the prohibition against making, reproducing, or possessing a nude depiction of a person without the person's consent and the sex offender registry.

Analysis by the Legislative Reference Bureau

Current law prohibits making a visual representation that depicts a person nude without the person's consent while the person is nude in a circumstance in which he or she has a reasonable expectation of privacy, and prohibits reproducing or possessing such visual representations. Current law also prohibits making, or making and distributing, a visual representation of a person without the person's consent while the person is nude in a locker room. So-called video voyeurism is a Class I felony if committed while the person is nude in a circumstance in which he or she has a reasonable expectation of privacy, and is a misdemeanor if committed in a locker room.

Under current law, a court may require a person who is convicted, adjudicated delinquent, found in need of protection or services, or found not guilty or not responsible by reason of mental disease or defect for certain offenses to register with the Department of Corrections (DOC) as a sex offender.

This bill provides that a court may order a person to register with DOC as a sex offender if the person is convicted, adjudicated delinquent, found in need of protection or services, or found not guilty or not responsible by reason of mental disease or defect for committing video voyeurism and the court determines that the offense was sexually motivated. The bill further provides that if the person was under the age of 21 when he or she committed the video-voyeurism offense, the court may provide that upon successful completion of the sentence, dispositional order, or commitment for the offense the person be released from the requirement to register as a sex offender. Under the bill, if the person is released from the requirement to register as a sex offender for a video-voyeurism offense and was not required to register for any other offense, DOC must delete information concerning the person from the sex offender registry.

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:

SB281, s. 1 Section 1. 51.20 (13) (ct) 1m. of the statutes is renumbered 51.20 (13) (ct) 1m. a. and amended to read:

SB281,2,10 51.20 (13) (ct) 1m. a. Except as provided in subd. 2m., if the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed any violation, or to have solicited, conspired, or attempted to commit any violation, of ch. 940, 944, or 948 or ss. s. 942.08 or 942.09, or ss. 943.01 to 943.15, the court may require the subject individual to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the subject individual report under s. 301.45.

SB281, s. 2 Section 2. 51.20 (13) (ct) 1m. b. of the statutes is created to read:

SB281,3,7 51.20 (13) (ct) 1m. b. If a court under subd. 1m. a. orders a person to comply with the reporting requirements under s. 301.45 in connection with the commission of a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, the court may provide that the person be released from the requirement to comply with the reporting requirements under s. 301.45 upon satisfying conditions specified by the court. If the person satisfies the conditions, the court shall notify the department of corrections that the person has satisfied the conditions.

SB281, s. 3 Section 3. 51.20 (13) (ct) 3. (intro.) of the statutes is amended to read:

SB281,3,11 51.20 (13) (ct) 3. (intro.) In determining under subd. 1m. a. whether it would be in the interest of public protection to have the subject individual report under s. 301.45, the court may consider any of the following:

SB281, s. 4 Section 4. 301.45 (1p) (title) of the statutes is amended to read:

SB281,3,14 301.45 (1p) (title) Exception to registration requirement; expungement of invasion of privacy adjudication or conviction privacy-related offenses.

SB281, s. 5 Section 5. 301.45 (1p) of the statutes is renumbered 301.45 (1p) (a).

SB281, s. 6 Section 6. 301.45 (1p) (b) of the statutes is created to read:

SB281,4,5 301.45 (1p) (b) If a person is covered under sub. (1g) based solely on an order that was entered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3) (a), 971.17 (1m) (b) 1m., or 973.048 (1m) in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, and the court provided in the order that the person be released from the requirement to comply with the reporting requirements under this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, upon the termination or expiration of a commitment order under s. 971.17, or upon successful completion of the sentence or probation as provided under s. 973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, the commitment order under s. 971.17 is terminated or expires, or the person successfully completes the sentence or probation, whichever is applicable, the person is no longer required to comply with the reporting requirements under this section.

SB281, s. 7 Section 7. 301.45 (7) (e) (intro.) of the statutes is amended to read:

SB281,4,9 301.45 (7) (e) (intro.) The department shall purge all of the information maintained in the registry under sub. (2) concerning a person to whom sub. (1p) (a) applies if any of the following occurs:

SB281, s. 8 Section 8. 301.45 (7) (e) 1. of the statutes is amended to read:

SB281,4,13 301.45 (7) (e) 1. The department receives notice under s. 938.355 (4m) (b) that a court has expunged the record of the person's delinquency adjudication for the violation described in sub. (1p) (a).

SB281, s. 9 Section 9. 301.45 (7) (f) of the statutes is created to read:

SB281,4,17 301.45 (7) (f) The department shall purge all of the information maintained in the registry under sub. (2) concerning a person to whom sub. (1p) (b) applies when any of the following occurs:

SB281,4,21 1. If the person was ordered by a court under s. 51.20 (13) (ct) 1m. to comply with the reporting requirements under this section, when the department receives notice under s. 51.20 (13) (ct) 1m. b. that the person has satisfied conditions of the court order.

SB281,4,25 2. If the person was ordered by a court under s. 938.34 (15m) (am) to comply with the reporting requirements under this section, when the department receives notice under s. 938.34 (15m) (am) 2. that the juvenile has satisfied the conditions of the dispositional order.

SB281,5,4 3. If the person was ordered by a court under s. 938.345 (3) (a) to comply with the reporting requirements under this section, when the department receives notice under s. 938.345 (3) (d) that the juvenile has satisfied the conditions of the dispositional order.

SB281,5,8 4. If the person was ordered by a court under s. 971.17 (1m) (b) 1m. to comply with the reporting requirements under this section, when the department receives notice under s. 971.17 (6m) (b) 2. that the commitment order under s. 971.17 is terminated or has expired.

SB281,5,11 5. If the person was ordered by a court under s. 973.048 (1m) to comply with the reporting requirements under this section, when the person successfully completes the sentence of probation as provided under s. 973.048 (1m) (b).

SB281, s. 10 Section 10. 938.34 (15m) (am) of the statutes is renumbered 938.34 (15m) (am) 1. and amended to read:

SB281,5,20 938.34 (15m) (am) 1. Except as provided in par. (bm), if the juvenile is adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy, or attempt to commit any violation, under ch. 940, 944, or 948 or ss. s. 942.08 or 942.09, or ss. 943.01 to 943.15, the court may require the juvenile to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the juvenile report under s. 301.45.

SB281, s. 11 Section 11. 938.34 (15m) (am) 2. of the statutes is created to read:

SB281,6,4 938.34 (15m) (am) 2. If the court under subd. 1. orders the juvenile to comply with the reporting requirements under s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, the court may provide that the juvenile be released from the requirement to comply with the reporting requirements under s. 301.45 upon satisfying the conditions of the dispositional order imposed for the offense. If the juvenile satisfies the conditions of the dispositional order, the court shall notify the department that the juvenile has satisfied the conditions of the dispositional order.

SB281, s. 12 Section 12. 938.34 (15m) (c) (intro.) of the statutes is amended to read:

SB281,6,8 938.34 (15m) (c) (intro.) In determining under par. (am) 1. whether it would be in the interest of public protection to have the juvenile report under s. 301.45, the court may consider any of the following:

SB281, s. 13 Section 13. 938.345 (3) (a) (intro.) of the statutes is amended to read:

SB281,6,18 938.345 (3) (a) (intro.) If the court finds that a juvenile is in need of protection or services on the basis of a violation, or the solicitation, conspiracy, or attempt to commit a violation, under ch. 940, 944, or 948 or ss. s. 942.08 or 942.09, or ss. 943.01 to 943.15, the court may require the juvenile to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it is in the interest of public protection to have the juvenile report under s. 301.45. In determining whether it is in the interest of public protection to have the juvenile report under s. 301.45, the court may consider any of the following:

SB281, s. 14 Section 14. 938.345 (3) (d) of the statutes is created to read:

SB281,7,2 938.345 (3) (d) If the court under par. (a) orders the juvenile to comply with the reporting requirements under s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, the court may provide that the juvenile be released from the requirement to comply with the reporting requirements under s. 301.45 upon satisfying the conditions of the dispositional order imposed for the offense. If the juvenile satisfies the conditions of the dispositional order, the clerk of the court shall notify the department that the juvenile has satisfied the conditions of the dispositional order.

SB281, s. 15 Section 15. 971.17 (1m) (b) 1m. of the statutes is renumbered 971.17 (1m) (b) 1m. a. and amended to read:

SB281,7,12 971.17 (1m) (b) 1m. a. Except as provided in subd. 2m., if the defendant under sub. (1) is found not guilty by reason of mental disease or defect for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch. 940, 944, or 948 or ss. s. 942.08 or 942.09, or ss. 943.01 to 943.15, the court may require the defendant to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the defendant report under s. 301.45.

SB281, s. 16 Section 16. 971.17 (1m) (b) 1m. b. of the statutes is created to read:

SB281,7,21 971.17 (1m) (b) 1m. b. If a court under subd. 1m. a. orders a person to comply with the reporting requirements under s. 301.45 in connection with a finding of not guilty by reason of mental disease or defect for a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 and the person was under the age of 21 when he or she committed the offense, the court may provide that upon termination of the commitment order under sub. (5) or expiration of the order under sub. (6) the person be released from the requirement to comply with the reporting requirements under s. 301.45.

SB281, s. 17 Section 17. 971.17 (1m) (b) 3. (intro.) of the statutes is amended to read:

SB281,7,25 971.17 (1m) (b) 3. (intro.) In determining under subd. 1m. a. whether it would be in the interest of public protection to have the defendant report under s. 301.45, the court may consider any of the following:

SB281, s. 18 Section 18. 973.048 (1m) of the statutes is renumbered 973.048 (1m) (a) and amended to read:

SB281,8,9 973.048 (1m) (a) Except as provided in sub. (2m), if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, under ch. 940, 944, or 948 or ss. s. 942.08 or 942.09, or ss. 943.01 to 943.15, the court may require the person to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the person report under s. 301.45.

SB281, s. 19 Section 19. 973.048 (1m) (b) of the statutes is created to read:

SB281,8,20 973.048 (1m) (b) If a court under par. (a) orders a person to comply with the reporting requirements under s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 and the person was under the age of 21 when he or she committed the offense, the court may provide that the person be released from the requirement to comply with the reporting requirements under s. 301.45 upon successfully completing the sentence or probation imposed for the offense. A person successfully completes a sentence if he or she is not convicted of a subsequent offense during the term of the sentence. A person successfully completes probation if probation is not revoked and the person satisfies the conditions of probation.

SB281, s. 20 Section 20. 973.048 (3) (intro.) of the statutes is amended to read:

SB281,8,24 973.048 (3) (intro.) In determining under sub. (1m) (a) whether it would be in the interest of public protection to have the person report under s. 301.45, the court may consider any of the following:

SB281, s. 21 Section 21. Initial applicability.

SB281,9,2 (1) This act first applies to offenses committed on the effective date of this subsection.

SB281,9,3 (End)