SB82,54,1110
175.60
(3) (e) The individual is on release under s.
969.01 969.31 and the
11individual may not possess a dangerous weapon as a condition of the release.
SB82,105
12Section
105. 175.60 (9g) (a) 2. of the statutes is amended to read:
SB82,55,513
175.60
(9g) (a) 2. The department shall conduct a criminal history record
14search and shall search its records and conduct a search in the national instant
15criminal background check system to determine whether the applicant is prohibited
16from possessing a firearm under federal law; whether the applicant is prohibited
17from possessing a firearm under s. 941.29; whether the applicant is prohibited from
18possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
19has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
2054.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
21under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
22by a court established by any federally recognized Wisconsin Indian tribe or band,
23except the Menominee Indian tribe of Wisconsin, that includes notice to the
24respondent that he or she is subject to the requirements and penalties under s.
25941.29 and that has been filed with the circuit court under s. 806.247 (3); and
1whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m)
2or 813.125 (4m); and to determine if the court has prohibited the applicant from
3possessing a dangerous weapon under s.
969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b) 4and if the applicant is prohibited from possessing a dangerous weapon as a condition
5of release under s.
969.01 969.31.
SB82,106
6Section
106. 175.60 (11) (a) 2. b. of the statutes is amended to read:
SB82,55,87
175.60
(11) (a) 2. b. The individual is found incompetent under s.
971.14 975.34
8(6) (b).
SB82,107
9Section
107. 175.60 (11) (a) 2. c. of the statutes is amended to read:
SB82,55,1110
175.60
(11) (a) 2. c. The individual is found not guilty of any crime by reason
11of mental disease or mental defect
under s. 971.17.
SB82,108
12Section
108. 175.60 (11) (a) 2. g. of the statutes is amended to read:
SB82,55,1413
175.60
(11) (a) 2. g. A court has prohibited the individual from possessing a
14dangerous weapon under s.
969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).
SB82,109
15Section
109. 175.60 (11) (a) 2. i. of the statutes is amended to read:
SB82,55,1716
175.60
(11) (a) 2. i. The individual is on release under s.
969.01 969.31 and the
17individual may not possess a dangerous weapon as a condition of the release.
SB82,110
18Section
110. 175.60 (14) (am) of the statutes is amended to read:
SB82,56,219
175.60
(14) (am) The department shall suspend a license issued under this
20section if a court has prohibited the licensee from possessing a dangerous weapon
21under s.
969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b). If the individual whose license
22was suspended is no longer subject to the prohibition under s.
969.02 (3) (c) or 969.03
23(1) (c), whichever is applicable 969.33 (5) (b), sub. (3) (b), (c), (d), (e), (f), or (g) does
24not apply to the individual, and the suspended license would not have expired under
25sub. (15) (a) had it not been suspended, the department shall restore the license
1within 5 business days of notification that the licensee is no longer subject to the
2prohibition.
SB82,111
3Section
111. 195.048 (2) of the statutes is amended to read:
SB82,56,54
195.048
(2) The immunity provided under sub. (1) is subject to the restrictions
5under s.
972.085 967.18.
SB82,112
6Section
112. 196.207 (3) (e) of the statutes is amended to read:
SB82,56,87
196.207
(3) (e) A trap and trace device as authorized under ss.
968.34 968.376 8to
968.37 968.405.
SB82,113
9Section
113. 196.48 (1) (b) of the statutes is amended to read:
SB82,56,1110
196.48
(1) (b) The immunity provided under par. (a) is subject to the restrictions
11under s.
972.085 967.18.
SB82,114
12Section
114. 230.81 (2) of the statutes is amended to read:
SB82,56,1913
230.81
(2) Nothing in this section prohibits an employee from disclosing
14information to an appropriate law enforcement agency, a state or federal district
15attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal
16grand jury
, or a judge in a proceeding commenced under s.
968.26 968.105, or
17disclosing information pursuant to any subpoena issued by any person authorized
18to issue subpoenas under s. 885.01. Any such disclosure of information is a lawful
19disclosure under this section and is protected under s. 230.83.
SB82,115
20Section
115. 251.16 of the statutes is amended to read:
SB82,56,23
21251.16 Local health department; evidence. The reports and employees of
22a local health department are subject to
s. 970.03 (12) (b) ss. 971.042 (9) (b) and
23971.75 (7) (b).
SB82,116
24Section
116. 252.11 (5m) of the statutes is amended to read:
SB82,57,6
1252.11
(5m) A health care professional, as defined in s.
968.38 968.725 (1) (a),
2acting under an order of a court under s. 938.296 (4) or
968.38 968.725 (4) may,
3without first obtaining informed consent to the testing, subject an individual to a test
4or a series of tests to ascertain whether that individual is infected with a sexually
5transmitted disease. No sample used for performance of a test under this subsection
6may disclose the name of the test subject.
SB82,117
7Section
117. 252.11 (7) of the statutes is amended to read:
SB82,57,178
252.11
(7) Reports, examinations
, and inspections and all records concerning
9sexually transmitted diseases are confidential and not open to public inspection, and
10may not be divulged except as may be necessary for the preservation of the public
11health, in the course of commitment proceedings under sub. (5), or as provided under
12s. 938.296 (4) or
968.38 968.725 (4). If a physician, physician assistant, or advanced
13practice nurse prescriber has reported a case of sexually transmitted disease to the
14department under sub. (4), information regarding the presence of the disease and
15treatment is not privileged when the patient, physician, physician assistant, or
16advanced practice nurse prescriber is called upon to testify to the facts before any
17court of record.
SB82,118
18Section
118. 252.15 (2m) (b) 3., (3m) (d) 14. and (4) (c) of the statutes are
19amended to read:
SB82,57,2420
252.15
(2m) (b) 3. HIV testing by a health care professional acting under an
21order of the court under sub. (5j) or s. 938.296 (4) or (5) or
968.38 968.725 (4) or (5).
22No sample used for laboratory test purposes under this subdivision may disclose the
23name of the HIV test subject, and the HIV test results may not be made part of the
24individual's permanent medical record.
SB82,58,4
1(3m) (d) 14. To a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296
2(4); to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5); to a person
3under s.
968.38 968.725 (4) (a) to (c) as specified in s.
968.38 968.725 (4); or to a person
4under s.
968.38 968.725 (5) (a) to (c) as specified in s.
968.38 968.725 (5).
SB82,58,8
5(4) (c) A record of the results of an HIV test administered to the person, except
6that results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or
7(5) or
968.38 968.725 (4) or (5) that include the identity of the test subject may not
8be maintained without the consent of the test subject.
SB82,119
9Section
119. 301.03 (3c) of the statutes is amended to read:
SB82,58,1410
301.03
(3c) If requested by the department of health services, contract with
11that department to supervise and provide services to persons who are conditionally
12transferred or discharged under s. 51.37 (9), conditionally released under s.
971.17
13(3) 975.57 (4) or 975.59, or placed on supervised release under s. 980.06 (2), 1997
14stats., or s. 980.08.
SB82,120
15Section
120. 301.03 (7m) of the statutes is amended to read:
SB82,58,1916
301.03
(7m) Supervise criminal defendants accepted into the custody of the
17department under
s. 969.02 (3) (a) or 969.03 (1) (a)
ch. 969. The department shall
18charge the county that is prosecuting the defendant a fee for providing this
19supervision. The department shall set the fee by rule.
SB82,121
20Section
121. 301.035 (2) of the statutes is amended to read:
SB82,58,2321
301.035
(2) Assign hearing examiners from the division to preside over
22hearings under
s. 975.10 (2), 2013 stats., ss. 302.11 (7), 302.113 (9), 302.114 (9),
23938.357 (5),
and 973.10
and 975.10 (2)
, and ch. 304.
SB82,122
24Section
122. 301.035 (4) of the statutes is amended to read:
SB82,59,4
1301.035
(4) Supervise employees in the conduct of the activities of the division
2and be the administrative reviewing authority for decisions of the division under
s.
3975.10 (2), 2013 stats., ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10,
and 4973.155 (2)
and 975.10 (2), and ch. 304.
SB82,123
5Section
123. 301.45 (1g) (c) of the statutes is amended to read:
SB82,59,86
301.45
(1g) (c) Is found not guilty or not responsible by reason of mental disease
7or defect on or after December 25, 1993, and committed under s. 51.20 or
971.17 8subch. III of ch. 975 for a sex offense.
SB82,124
9Section
124. 301.45 (1g) (d) of the statutes is amended to read:
SB82,59,1210
301.45
(1g) (d) Is in institutional care or on conditional transfer under s. 51.35
11(1) or conditional release under s.
971.17 975.57 (4) or 975.59 on or after
12December 25, 1993, for a sex offense.
SB82,125
13Section
125. 301.45 (1g) (dd) of the statutes is amended to read:
SB82,59,1714
301.45
(1g) (dd) Is in institutional care or on conditional transfer under s. 51.35
15(1) or conditional release under s.
971.17 975.57 (4) or 975.59 on or after
16December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to
17commit a violation, of a law of this state that is comparable to a sex offense.
SB82,126
18Section
126. 301.45 (1g) (dp) of the statutes is amended to read:
SB82,59,2019
301.45
(1g) (dp) Is in institutional care under, or on parole from, a commitment
20for specialized treatment under ch. 975
, 2013 stats., on or after December 25, 1993.
SB82,127
21Section
127. 301.45 (1g) (e) of the statutes is amended to read:
SB82,59,2422
301.45
(1g) (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m)
23(am), 938.345 (3),
971.17 (1m) (b) 1m. or 973.048 (1m)
, or 975.54 (3) (a) to comply with
24the reporting requirements under this section.
SB82,128
25Section
128. 301.45 (1m) (b) of the statutes is amended to read:
SB82,60,8
1301.45
(1m) (b) If a person believes that he or she is not required under par.
2(a) to comply with the reporting requirements under this section and the person is
3not before the court under s. 51.20 (13) (ct), 938.34 (15m),
971.17 (1m) (b) or 973.048
,
4or 975.54 (3), the person may move a court to make a determination of whether the
5person satisfies the criteria specified in par. (a). A motion made under this
6paragraph shall be filed with the circuit court for the county in which the person was
7convicted, adjudicated delinquent or found not guilty or not responsible by reason of
8mental disease or defect.
SB82,129
9Section
129. 301.45 (1m) (be) of the statutes is amended to read:
SB82,60,1710
301.45
(1m) (be) A person who files a motion under par. (b) or s. 51.20 (13) (ct)
112m., 938.34 (15m) (bm),
971.17 (1m) (b) 2m. or 973.048 (2m)
, or 975.54 (3) (b) 12requesting a determination of whether the person is required to comply with the
13reporting requirements under this section shall send a copy of the motion to the
14district attorney for the county in which the motion is filed. The district attorney
15shall make a reasonable attempt to contact the victim of the crime that is the subject
16of the person's motion to inform the victim of his or her right to make or provide a
17statement under par. (bv).
SB82,130
18Section
130. 301.45 (1m) (bm) of the statutes is amended to read:
SB82,60,2319
301.45
(1m) (bm) A court shall hold a hearing on a motion made by a person
20under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm),
971.17 (1m) (b) 2m. or 21973.048 (2m)
, or 975.54 (3) (b) requesting a determination of whether the person is
22required to comply with the reporting requirements under this section. The district
23attorney who receives a copy of a motion under par. (be) may appear at the hearing.
SB82,131
24Section
131. 301.45 (1m) (bv) of the statutes is amended to read:
SB82,61,8
1301.45
(1m) (bv) Before deciding a motion filed under par. (b) or s. 51.20 (13)
2(ct) 2m., 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, the court shall allow the victim of the
5crime that is the subject of the motion to make a statement in court at the hearing
6under par. (bm) or to submit a written statement to the court. A statement under this
7paragraph must be relevant to whether the person satisfies the criteria specified in
8par. (a).
SB82,132
9Section
132. 301.45 (1m) (d) 1. of the statutes is amended to read:
SB82,61,1610
301.45
(1m) (d) 1. Before deciding a motion filed by a person under par. (b) or
11s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm),
971.17 (1m) (b) 2m. or 973.048 (2m)
, or
12975.54 (3) (b) requesting a determination of whether the person is required to comply
13with the reporting requirements under this section, a court may request the person
14to be examined by a physician, psychologist
, or other expert approved by the court.
15If the person refuses to undergo an examination requested by the court under this
16subdivision, the court shall deny the person's motion without prejudice.
SB82,133
17Section
133. 301.45 (1m) (e) (intro.) of the statutes is amended to read:
SB82,61,2318
301.45
(1m) (e) (intro.) At the hearing held under par. (bm), the person who
19filed the motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm),
971.17 (1m)
20(b) 2m. or 973.048 (2m)
, or 975.54 (3) (b) has the burden of proving by clear and
21convincing evidence that he or she satisfies the criteria specified in par. (a). In
22deciding whether the person has satisfied the criterion specified in par. (a) 3., the
23court may consider any of the following:
SB82,134
24Section
134. 301.45 (1p) (b) of the statutes is amended to read:
SB82,62,16
1301.45
(1p) (b) If a person is covered under sub. (1g) based solely on an order
2that was entered under
s. 971.17 (1m) (b) 1m., 2013 stats., or under s. 51.20 (13) (ct)
31m., 938.34 (15m) (am), 938.345 (3) (a),
971.17 (1m) (b) 1m., or, 973.048 (1m)
, or
4975.54 (3) (a) in connection with a violation, or the solicitation, conspiracy, or attempt
5to commit a violation, of s. 942.09, and the court provided in the order that the person
6be released from the requirement to comply with the reporting requirements under
7this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct)
81m. or the dispositional order under subch. VI of ch. 938, upon the termination or
9expiration of a commitment order under s. 971.17
, 2013 stats., or under s. 975.54 (3)
10(a), or upon successful completion of the sentence or probation as provided under s.
11973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of
12the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI
13of ch. 938, the commitment order under s. 971.17
, 2013 stats., or under s. 975.54 (3)
14(a) is terminated or expires, or the person successfully completes the sentence or
15probation, whichever is applicable, the person is no longer required to comply with
16the reporting requirements under this section.
SB82,135
17Section
135. 301.45 (3) (a) 3. of the statutes is amended to read:
SB82,62,2318
301.45
(3) (a) 3. If the person has been committed under s. 51.20 or
971.17 19subch. II of ch. 975, he or she is subject to this subsection upon being placed on
20conditional release under s.
971.17 975.57 (4) or 975.59 or on a conditional transfer
21under s. 51.35 (1) or, if he or she was not placed on conditional release or on a
22conditional transfer, before he or she is terminated under s.
971.17 (5) 975.60 or
23discharged under s. 51.35 (4) or
971.17 (6) 975.61.
SB82,136
24Section
136. 301.45 (3) (a) 3g. of the statutes is amended to read:
SB82,63,5
1301.45
(3) (a) 3g. If the person has been committed for specialized treatment
2under ch. 975,
2013 stats., he or she is subject to this subsection upon being released
3on parole under s. 975.10
, 2013 stats., or, if he or she was not released on parole,
4before being discharged from the commitment under s. 975.09
, 2013 stats., or
s. 5975.12
, 2013 stats.
SB82,137
6Section
137. 301.45 (3) (b) 3. of the statutes is amended to read:
SB82,63,117
301.45
(3) (b) 3. The department of health services shall notify a person who
8is being placed on conditional release, supervised release, conditional transfer or
9parole, or is being terminated or discharged from a commitment, under s. 51.20
, or 1051.35
or 971.17 or, subch. III of ch. 975
, or ch. 975, 2013 stats., or
ch. 980 and who
11is covered under sub. (1g) of the need to comply with the requirements of this section.
SB82,138
12Section
138. 301.45 (5) (a) 3. of the statutes is amended to read:
SB82,63,1813
301.45
(5) (a) 3. If the person has been committed to the department of health
14services under s. 51.20 or
971.17 subch. III of ch. 975 and is in institutional care or
15on conditional transfer under s. 51.35 (1) or conditional release under s.
971.17 16975.57 (4) or 975.59 for a sex offense, 15 years after termination of the commitment
17for the sex offense under s.
971.17 (5) 975.60 or discharge from the commitment for
18the sex offense under s. 51.35 (4) or
971.17 (6)
975.61.
SB82,139
19Section
139. 301.45 (5) (a) 3m. of the statutes is amended to read:
SB82,63,2220
301.45
(5) (a) 3m. If the person has been committed for specialized treatment
21under ch. 975,
2013 stats., 15 years after discharge from the commitment under s.
22975.09
, 2013 stats., or
s. 975.12
, 2013 stats.
SB82,140
23Section
140. 301.45 (5) (b) 3. of the statutes is amended to read:
SB82,64,224
301.45
(5) (b) 3. The court that ordered the person to comply with the reporting
25requirements of this section under s. 51.20 (13) (ct), 938.34 (15m), 938.345 (3),
971.17
1(1m) (b) or 973.048
, or 975.54 (3) also ordered the person to comply with the
2requirements until his or her death.
SB82,141
3Section
141. 301.45 (6) (a) 2. a. of the statutes is amended to read:
SB82,64,74
301.45
(6) (a) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34
5(15m) (am), 938.345 (3),
971.17 (1m) (b) 1m., or 973.048 (1m)
, or 975.54 (3) (a) to
6comply with the reporting requirements under this section based on a finding that
7he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
SB82,142
8Section
142. 301.45 (6) (ag) 2. a. of the statutes is amended to read:
SB82,64,129
301.45
(6) (ag) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34
10(15m) (am), 938.345 (3),
971.17 (1m) (b) 1m., or 973.048 (1m)
, or 975.54 (3) (a) to
11comply with the reporting requirements under this section based on a finding that
12he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
SB82,143
13Section
143. 301.45 (6) (bm) of the statutes is amended to read:
SB82,64,2214
301.45
(6) (bm) Subject to s.
971.19
970.14 (9), a district attorney or, upon the
15request of a district attorney, the department of justice may prosecute a knowing
16failure to comply with any requirement to provide information under subs. (2) to (4).
17If the department of corrections determines that there is probable cause to believe
18that a person has knowingly failed to comply with any requirement to provide
19information under subs. (2) to (4) or has intentionally violated sub. (4r), the
20department shall forward a certified copy of all pertinent departmental information
21to the applicable district attorney. The department shall certify the copy in
22accordance with s. 889.08.
SB82,144
23Section
144. 301.45 (7) (f) 4. of the statutes is amended to read:
SB82,65,324
301.45
(7) (f) 4. If the person was ordered by a court under s. 971.17 (1m) (b)
251m.
, 2013 stats., or under s. 975.54 (3) (a) to comply with the reporting requirements
1under this section, when the department receives notice under
s. 971.17 (6m) (b) 2. 2subch. III of ch. 975 that the commitment order under s. 971.17
, 2013 stats., or under
3s. 975.54 (3) (a) is terminated or has expired.
SB82,145
4Section
145. 301.46 (3) (d) of the statutes is amended to read:
SB82,65,75
301.46
(3) (d) The department of health services shall provide the department
6with access to the names of victims or the family members of victims who have
7completed cards requesting notification under s.
971.17 (6m) 975.62 or 980.11.
SB82,146
8Section
146. 301.47 (3) (b) 1. of the statutes is amended to read:
SB82,65,129
301.47
(3) (b) 1. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34
10(15m) (am), 938.345 (3),
971.17 (1m) (b) 1m., or 973.048 (1m)
, or 975.54 (3) (a) to
11comply with the reporting requirements under s. 301.45 based on a finding that he
12or she committed or solicited, conspired, or attempted to commit a misdemeanor.
SB82,147
13Section
147. 301.48 (2) (a) 4. of the statutes is amended to read:
SB82,65,1614
301.48
(2) (a) 4. A court that found the person not guilty of a serious child sex
15offense by reason of mental disease or
mental defect places the person on conditional
16release.