AB383,58,19
1175.60
(9g) (a) 2. The department shall conduct a criminal history record
2search and shall search its records and conduct a search in the national instant
3criminal background check system to determine whether the applicant is prohibited
4from possessing a firearm under federal law; whether the applicant is prohibited
5from possessing a firearm under s. 941.29; whether the applicant is prohibited from
6possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
7has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
854.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
9under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
10by a court established by any federally recognized Wisconsin Indian tribe or band,
11except the Menominee Indian tribe of Wisconsin, that includes notice to the
12respondent that he or she is subject to the requirements and penalties under s.
13941.29 and that has been filed with the circuit court under s. 806.247 (3); and
14whether the applicant is prohibited from possessing a firearm under s. 813.125 (4m);
15and to determine if the court has prohibited the applicant from possessing a
16dangerous weapon under s.
969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b), if a district
17attorney has prohibited the individual from possessing a dangerous weapon under
18s. 969.25 (2) (d), and if the applicant is prohibited from possessing a dangerous
19weapon as a condition of release under s.
969.01
969.31.
AB383,113
20Section
113. 175.60 (11) (a) 2. b. of the statutes is amended to read:
AB383,58,2221
175.60
(11) (a) 2. b. The individual is found incompetent under s.
971.14 975.34
22(6) (b).
AB383,114
23Section
114. 175.60 (11) (a) 2. c. of the statutes is amended to read:
AB383,58,2524
175.60
(11) (a) 2. c. The individual is found not guilty of any crime by reason
25of mental disease or mental defect
under s. 971.17.
AB383,115
1Section
115. 175.60 (11) (a) 2. g. of the statutes is amended to read:
AB383,59,32
175.60
(11) (a) 2. g. A court has prohibited the individual from possessing a
3dangerous weapon under s.
969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).
AB383,116
4Section
116. 175.60 (11) (a) 2. gm. of the statutes is created to read:
AB383,59,65
175.60
(11) (a) 2. gm. A district attorney has prohibited the individual from
6possessing a dangerous weapon under s. 969.25 (2) (d).
AB383,117
7Section
117. 175.60 (11) (a) 2. i. of the statutes is amended to read:
AB383,59,98
175.60
(11) (a) 2. i. The individual is on release under s.
969.01 969.31 and the
9individual may not possess a dangerous weapon as a condition of the release.
AB383,118
10Section
118. 175.60 (14) (am) of the statutes is amended to read:
AB383,59,2011
175.60
(14) (am) The department shall suspend a license issued under this
12section if a court has prohibited the licensee from possessing a dangerous weapon
13under s.
969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b) or if a district attorney has
14prohibited the licensee from possessing a dangerous weapon under s. 969.25 (2) (d).
15If the individual whose license was suspended is no longer subject to the prohibition
16under s.
969.02 (3) (c) or 969.03 (1) (c) 969.25 (2) (d) or 969.33 (5) (b), whichever is
17applicable, sub. (3) (b), (c), (d), (e), (f), or (g) does not apply to the individual, and the
18suspended license would not have expired under sub. (15) (a) had it not been
19suspended, the department shall restore the license within 5 business days of
20notification that the licensee is no longer subject to the prohibition.
AB383,119
21Section
119. 195.048 (2) of the statutes is amended to read:
AB383,59,2322
195.048
(2) The immunity provided under sub. (1) is subject to the restrictions
23under s.
972.085 967.18.
AB383,120
24Section
120. 196.207 (3) (e) of the statutes is amended to read:
AB383,60,2
1196.207
(3) (e) A trap and trace device as authorized under ss.
968.34 968.376 2to
968.37 968.405.
AB383,121
3Section
121. 196.48 (1) (b) of the statutes is amended to read:
AB383,60,54
196.48
(1) (b) The immunity provided under par. (a) is subject to the restrictions
5under s.
972.085 967.18.
AB383,122
6Section
122. 230.81 (2) of the statutes is amended to read:
AB383,60,137
230.81
(2) Nothing in this section prohibits an employee from disclosing
8information to an appropriate law enforcement agency, a state or federal district
9attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal
10grand jury
, or a judge in a proceeding commenced under s.
968.26 968.105, or
11disclosing information pursuant to any subpoena issued by any person authorized
12to issue subpoenas under s. 885.01. Any such disclosure of information is a lawful
13disclosure under this section and is protected under s. 230.83.
AB383,123
14Section
123. 251.16 of the statutes is amended to read:
AB383,60,16
15251.16 Local health department; evidence. The reports and employees of
16a local health department are subject to s.
970.03 (12) (b) 971.75 (7) (b).
AB383,124
17Section
124. 252.11 (5m) of the statutes is amended to read:
AB383,60,2318
252.11
(5m) A health care professional, as defined in s.
968.38 968.725 (1) (a),
19acting under an order of a court under s. 938.296 (4) or
968.38 968.725 (4) may,
20without first obtaining informed consent to the testing, subject an individual to a test
21or a series of tests to ascertain whether that individual is infected with a sexually
22transmitted disease. No sample used for performance of a test under this subsection
23may disclose the name of the test subject.
AB383,125
24Section
125. 252.11 (7) of the statutes is amended to read:
AB383,61,10
1252.11
(7) Reports, examinations
, and inspections and all records concerning
2sexually transmitted diseases are confidential and not open to public inspection, and
3may not be divulged except as may be necessary for the preservation of the public
4health, in the course of commitment proceedings under sub. (5), or as provided under
5s. 938.296 (4) or
968.38 968.725 (4). If a physician, physician assistant, or advanced
6practice nurse prescriber has reported a case of sexually transmitted disease to the
7department under sub. (4), information regarding the presence of the disease and
8treatment is not privileged when the patient, physician, physician assistant, or
9advanced practice nurse prescriber is called upon to testify to the facts before any
10court of record.
AB383,126
11Section
126. 252.15 (2m) (b) 3., (3m) (d) 14. and (4) (c) of the statutes are
12amended to read:
AB383,61,1713
252.15
(2m) (b) 3. HIV testing by a health care professional acting under an
14order of the court under sub. (5j) or s. 938.296 (4) or (5) or
968.38 968.725 (4) or (5).
15No sample used for laboratory test purposes under this subdivision may disclose the
16name of the HIV test subject, and the HIV test results may not be made part of the
17individual's permanent medical record.
AB383,61,21
18(3m) (d) 14. To a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296
19(4); to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5); to a person
20under s.
968.38 968.725 (4) (a) to (c) as specified in s.
968.38 968.725 (4); or to a person
21under s.
968.38 968.725 (5) (a) to (c) as specified in s.
968.38 968.725 (5).
AB383,61,25
22(4) (c) A record of the results of an HIV test administered to the person, except
23that results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or
24(5) or
968.38 968.725 (4) or (5) that include the identity of the test subject may not
25be maintained without the consent of the test subject.
AB383,127
1Section
127. 301.03 (3c) of the statutes is amended to read:
AB383,62,62
301.03
(3c) If requested by the department of health services, contract with
3that department to supervise and provide services to persons who are conditionally
4transferred or discharged under s. 51.37 (9), conditionally released under s.
971.17
5(3) 975.57 (4) or 975.59, or placed on supervised release under s. 980.06 (2), 1997
6stats., or s. 980.08.
AB383,128
7Section
128. 301.03 (7m) of the statutes is amended to read:
AB383,62,118
301.03
(7m) Supervise criminal defendants accepted into the custody of the
9department under
s. 969.02 (3) (a) or 969.03 (1) (a)
ch. 969. The department shall
10charge the county that is prosecuting the defendant a fee for providing this
11supervision. The department shall set the fee by rule.
AB383,129
12Section
129. 301.035 (2) of the statutes is amended to read:
AB383,62,1513
301.035
(2) Assign hearing examiners from the division to preside over
14hearings under
s. 975.10 (2), 2011 stats., ss. 302.11 (7), 302.113 (9), 302.114 (9),
15938.357 (5),
and 973.10
and 975.10 (2)
, and ch. 304.
AB383,130
16Section
130. 301.035 (4) of the statutes is amended to read:
AB383,62,2017
301.035
(4) Supervise employees in the conduct of the activities of the division
18and be the administrative reviewing authority for decisions of the division under
s.
19975.10 (2), 2011 stats., ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10,
and 20973.155 (2)
and 975.10 (2), and ch. 304.
AB383,131
21Section
131. 301.45 (1g) (c) of the statutes is amended to read:
AB383,62,2422
301.45
(1g) (c) Is found not guilty or not responsible by reason of mental disease
23or defect on or after December 25, 1993, and committed under s. 51.20 or
971.17 24subch. III of ch. 975 for a sex offense.
AB383,132
25Section
132. 301.45 (1g) (d) of the statutes is amended to read:
AB383,63,3
1301.45
(1g) (d) Is in institutional care or on conditional transfer under s. 51.35
2(1) or conditional release under s.
971.17 975.57 (4) or 975.59 on or after
3December 25, 1993, for a sex offense.
AB383,133
4Section
133. 301.45 (1g) (dd) of the statutes is amended to read:
AB383,63,85
301.45
(1g) (dd) Is in institutional care or on conditional transfer under s. 51.35
6(1) or conditional release under s.
971.17 975.57 (4) or 975.59 on or after
7December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to
8commit a violation, of a law of this state that is comparable to a sex offense.
AB383,134
9Section
134. 301.45 (1g) (dp) of the statutes is amended to read:
AB383,63,1110
301.45
(1g) (dp) Is in institutional care under, or on parole from, a commitment
11for specialized treatment under ch. 975
, 2011 stats., on or after December 25, 1993.
AB383,135
12Section
135. 301.45 (1g) (e) of the statutes is amended to read:
AB383,63,1513
301.45
(1g) (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m)
14(am), 938.345 (3),
971.17 (1m) (b) 1m. or 973.048 (1m)
, or 975.54 (3) (a) to comply with
15the reporting requirements under this section.
AB383,136
16Section
136. 301.45 (1m) (b) of the statutes is amended to read:
AB383,63,2417
301.45
(1m) (b) If a person believes that he or she is not required under par.
18(a) to comply with the reporting requirements under this section and the person is
19not before the court under s. 51.20 (13) (ct), 938.34 (15m),
971.17 (1m) (b) or 973.048
,
20or 975.54 (3), the person may move a court to make a determination of whether the
21person satisfies the criteria specified in par. (a). A motion made under this
22paragraph shall be filed with the circuit court for the county in which the person was
23convicted, adjudicated delinquent or found not guilty or not responsible by reason of
24mental disease or defect.
AB383,137
25Section
137. 301.45 (1m) (be) of the statutes is amended to read:
AB383,64,8
1301.45
(1m) (be) A person who files a motion under par. (b) or s. 51.20 (13) (ct)
22m., 938.34 (15m) (bm),
971.17 (1m) (b) 2m. or 973.048 (2m)
, or 975.54 (3) (b) 3requesting a determination of whether the person is required to comply with the
4reporting requirements under this section shall send a copy of the motion to the
5district attorney for the county in which the motion is filed. The district attorney
6shall make a reasonable attempt to contact the victim of the crime that is the subject
7of the person's motion to inform the victim of his or her right to make or provide a
8statement under par. (bv).
AB383,138
9Section
138. 301.45 (1m) (bm) of the statutes is amended to read:
AB383,64,1410
301.45
(1m) (bm) A court shall hold a hearing on a motion made by a person
11under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm),
971.17 (1m) (b) 2m. or 12973.048 (2m)
, or 975.54 (3) (b) requesting a determination of whether the person is
13required to comply with the reporting requirements under this section. The district
14attorney who receives a copy of a motion under par. (be) may appear at the hearing.
AB383,139
15Section
139. 301.45 (1m) (bv) of the statutes is amended to read:
AB383,64,2316
301.45
(1m) (bv) Before deciding a motion filed under par. (b) or s. 51.20 (13)
17(ct) 2m., 938.34 (15m) (bm),
971.17 (1m) (b) 2m. or 973.048 (2m)
, or 975.54 (3) (b) 18requesting a determination of whether the person is required to comply with the
19reporting requirements under this section, the court shall allow the victim of the
20crime that is the subject of the motion to make a statement in court at the hearing
21under par. (bm) or to submit a written statement to the court. A statement under this
22paragraph must be relevant to whether the person satisfies the criteria specified in
23par. (a).
AB383,140
24Section
140. 301.45 (1m) (d) 1. of the statutes is amended to read:
AB383,65,7
1301.45
(1m) (d) 1. Before deciding a motion filed by a person under par. (b) or
2s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm),
971.17 (1m) (b) 2m. or 973.048 (2m)
, or
3975.54 (3) (b) requesting a determination of whether the person is required to comply
4with the reporting requirements under this section, a court may request the person
5to be examined by a physician, psychologist
, or other expert approved by the court.
6If the person refuses to undergo an examination requested by the court under this
7subdivision, the court shall deny the person's motion without prejudice.
AB383,141
8Section
141. 301.45 (1m) (e) (intro.) of the statutes is amended to read:
AB383,65,149
301.45
(1m) (e) (intro.) At the hearing held under par. (bm), the person who
10filed the motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm),
971.17 (1m)
11(b) 2m. or 973.048 (2m)
, or 975.54 (3) (b) has the burden of proving by clear and
12convincing evidence that he or she satisfies the criteria specified in par. (a). In
13deciding whether the person has satisfied the criterion specified in par. (a) 3., the
14court may consider any of the following:
AB383,142
15Section
142. 301.45 (1p) (b) of the statutes is amended to read:
AB383,66,616
301.45
(1p) (b) If a person is covered under sub. (1g) based solely on an order
17that was entered under
s. 971.17 (1m) (b) 1m., 2011 stats., or under s. 51.20 (13) (ct)
181m., 938.34 (15m) (am), 938.345 (3) (a),
971.17 (1m) (b) 1m., or, 973.048 (1m)
, or
19975.54 (3) (a) in connection with a violation, or the solicitation, conspiracy, or attempt
20to commit a violation, of s. 942.09, and the court provided in the order that the person
21be released from the requirement to comply with the reporting requirements under
22this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct)
231m. or the dispositional order under subch. VI of ch. 938, upon the termination or
24expiration of a commitment order under s. 971.17
, 2011 stats., or under s. 975.54 (3)
25(a), or upon successful completion of the sentence or probation as provided under s.
1973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of
2the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI
3of ch. 938, the commitment order under s. 971.17
, 2011 stats., or under s. 975.54 (3)
4(a) is terminated or expires, or the person successfully completes the sentence or
5probation, whichever is applicable, the person is no longer required to comply with
6the reporting requirements under this section.
AB383,143
7Section
143. 301.45 (3) (a) 3. of the statutes is amended to read:
AB383,66,138
301.45
(3) (a) 3. If the person has been committed under s. 51.20 or
971.17 9subch. II of ch. 975, he or she is subject to this subsection upon being placed on
10conditional release under s.
971.17 975.57 (4) or 975.59 or on a conditional transfer
11under s. 51.35 (1) or, if he or she was not placed on conditional release or on a
12conditional transfer, before he or she is terminated under s.
971.17 (5) 975.60 or
13discharged under s. 51.35 (4) or
971.17 (6) 975.61.
AB383,144
14Section
144. 301.45 (3) (a) 3g. of the statutes is amended to read:
AB383,66,1915
301.45
(3) (a) 3g. If the person has been committed for specialized treatment
16under ch. 975,
2011 stats., he or she is subject to this subsection upon being released
17on parole under s. 975.10
, 2011 stats., or, if he or she was not released on parole,
18before being discharged from the commitment under s. 975.09
, 2011 stats., or
s. 19975.12
, 2011 stats.
AB383,145
20Section
145. 301.45 (3) (b) 3. of the statutes is amended to read:
AB383,66,2521
301.45
(3) (b) 3. The department of health services shall notify a person who
22is being placed on conditional release, supervised release, conditional transfer or
23parole, or is being terminated or discharged from a commitment, under s. 51.20
, or 2451.35
or 971.17 or, subch. III of ch. 975
, ch. 975, 2011 stats., or
ch. 980 and who is
25covered under sub. (1g) of the need to comply with the requirements of this section.
AB383,146
1Section
146. 301.45 (5) (a) 3. of the statutes is amended to read:
AB383,67,72
301.45
(5) (a) 3. If the person has been committed to the department of health
3services under s. 51.20 or
971.17 subch. III of ch. 975 and is in institutional care or
4on conditional transfer under s. 51.35 (1) or conditional release under s.
971.17 5975.57 (4) or 975.59 for a sex offense, 15 years after termination of the commitment
6for the sex offense under s.
971.17 (5) 975.60 or discharge from the commitment for
7the sex offense under s. 51.35 (4) or
971.17 (6)
975.61.
AB383,147
8Section
147. 301.45 (5) (a) 3m. of the statutes is amended to read:
AB383,67,119
301.45
(5) (a) 3m. If the person has been committed for specialized treatment
10under ch. 975,
2011 stats., 15 years after discharge from the commitment under s.
11975.09
, 2011 stats., or
s. 975.12
, 2011 stats.
AB383,148
12Section
148. 301.45 (5) (b) 3. of the statutes is amended to read:
AB383,67,1613
301.45
(5) (b) 3. The court that ordered the person to comply with the reporting
14requirements of this section under s. 51.20 (13) (ct), 938.34 (15m), 938.345 (3),
971.17
15(1m) (b) or 973.048
, or 975.54 (3) also ordered the person to comply with the
16requirements until his or her death.
AB383,149
17Section
149. 301.45 (6) (a) 2. a. of the statutes is amended to read:
AB383,67,2118
301.45
(6) (a) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34
19(15m) (am), 938.345 (3),
971.17 (1m) (b) 1m., or 973.048 (1m)
, or 975.54 (3) (a) to
20comply with the reporting requirements under this section based on a finding that
21he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
AB383,150
22Section
150. 301.45 (6) (ag) 2. a. of the statutes is amended to read:
AB383,68,223
301.45
(6) (ag) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34
24(15m) (am), 938.345 (3),
971.17 (1m) (b) 1m., or 973.048 (1m)
, or 975.54 (3) (a) to
1comply with the reporting requirements under this section based on a finding that
2he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
AB383,151
3Section
151. 301.45 (6) (bm) of the statutes is amended to read:
AB383,68,124
301.45
(6) (bm) Subject to s.
971.19
970.14 (9), a district attorney or, upon the
5request of a district attorney, the department of justice may prosecute a knowing
6failure to comply with any requirement to provide information under subs. (2) to (4).
7If the department of corrections determines that there is probable cause to believe
8that a person has knowingly failed to comply with any requirement to provide
9information under subs. (2) to (4) or has intentionally violated sub. (4r), the
10department shall forward a certified copy of all pertinent departmental information
11to the applicable district attorney. The department shall certify the copy in
12accordance with s. 889.08.
AB383,152
13Section
152. 301.45 (7) (f) 4. of the statutes is amended to read:
AB383,68,1814
301.45
(7) (f) 4. If the person was ordered by a court under s. 971.17 (1m) (b)
151m.
, 2011 stats., or under s. 975.54 (3) (a) to comply with the reporting requirements
16under this section, when the department receives notice under
s. 971.17 (6m) (b) 2. 17subch. III of ch. 975 that the commitment order under s. 971.17
, 2011 stats., or under
18s. 975.54 (3) (a) is terminated or has expired.
AB383,153
19Section
153. 301.46 (3) (d) of the statutes is amended to read:
AB383,68,2220
301.46
(3) (d) The department of health services shall provide the department
21with access to the names of victims or the family members of victims who have
22completed cards requesting notification under s.
971.17 (6m) 975.62 or 980.11.
AB383,154
23Section
154. 301.47 (3) (b) 1. of the statutes is amended to read:
AB383,69,224
301.47
(3) (b) 1. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34
25(15m) (am), 938.345 (3),
971.17 (1m) (b) 1m., or 973.048 (1m)
, or 975.54 (3) (a) to
1comply with the reporting requirements under s. 301.45 based on a finding that he
2or she committed or solicited, conspired, or attempted to commit a misdemeanor.
AB383,155
3Section
155. 301.48 (2) (a) 4. of the statutes is amended to read:
AB383,69,64
301.48
(2) (a) 4. A court that found the person not guilty of a serious child sex
5offense by reason of mental disease or
mental defect places the person on conditional
6release.