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.
SB82,148
17Section
148. 301.48 (2) (a) 5. of the statutes is amended to read:
SB82,65,2118
301.48
(2) (a) 5. A court that found the person not guilty of a serious child sex
19offense by reason of mental disease or
mental defect discharges the person under s.
20971.17 (6) 975.61. This subdivision does not apply if the person was on conditional
21release immediately before being discharged.
SB82,149
22Section
149. 301.48 (2) (b) 3. of the statutes is amended to read:
SB82,66,223
301.48
(2) (b) 3. The department of health services places the person on parole
24or discharges the person under ch. 975
, 2013 stats. This subdivision does not apply
1unless the person's commitment was based on his or her commission of a serious child
2sex offense.
SB82,150
3Section
150. 302.113 (9) (e) of the statutes is amended to read:
SB82,66,74
302.113
(9) (e) If a hearing is to be held under par. (am) before the division of
5hearings and appeals in the department of administration, the hearing examiner
6may order that a deposition be taken by audiovisual means and allow the use of a
7recorded deposition under s.
967.04 (7) to (10) 967.22.
SB82,151
8Section
151. 302.114 (9) (d) of the statutes is amended to read:
SB82,66,129
302.114
(9) (d) If a hearing is to be held under par. (am) before the division of
10hearings and appeals in the department of administration, the hearing examiner
11may order that a deposition be taken by audiovisual means and allow the use of a
12recorded deposition under s.
967.04 (7) to (10) 967.22.
SB82,152
13Section
152. 304.06 (3) of the statutes is amended to read:
SB82,67,1014
304.06
(3) Every paroled prisoner remains in the legal custody of the
15department unless otherwise provided by the department. If the department alleges
16that any condition or rule of parole has been violated by the prisoner, the department
17may take physical custody of the prisoner for the investigation of the alleged
18violation. If the department is satisfied that any condition or rule of parole has been
19violated it shall afford the prisoner such administrative hearings as are required by
20law. Unless waived by the parolee, the final administrative hearing shall be held
21before a hearing examiner from the division of hearings and appeals in the
22department of administration who is licensed to practice law in this state. The
23hearing examiner shall enter an order revoking or not revoking parole. Upon request
24by either party, the administrator of the division of hearings and appeals shall review
25the order. The hearing examiner may order that a deposition be taken by audiovisual
1means and allow the use of a recorded deposition under s.
967.04 (7) to (10) 967.22.
2If the parolee waives the final administrative hearing, the secretary of corrections
3shall enter an order revoking or not revoking parole. If the examiner, the
4administrator upon review, or the secretary in the case of a waiver finds that the
5prisoner has violated the rules or conditions of parole, the examiner, the
6administrator upon review, or the secretary in the case of a waiver, may order the
7prisoner returned to prison to continue serving his or her sentence, or to continue on
8parole. If the prisoner claims or appears to be indigent, the department shall refer
9the prisoner to the authority for indigency determinations specified under s. 977.07
10(1).
SB82,153
11Section
153. 322.0767 (1) (a) of the statutes is amended to read:
SB82,67,2112
322.0767
(1) (a) If a person subject to a general court-martial is found to lack
13substantial mental capacity to understand the proceedings or assist in his or own
14defense and the military judge determined that the person is likely to become
15competent within the
maximum period
specified under s. 971.14 (5) (a) of
16commitment, as defined in s. 975.34 (6) (a), the court-martial convening authority
17for the person shall commit the person to the custody of the department of health
18services
under as provided in s.
971.14 (5) 975.34 (7). If the military judge determines
19that the defendant is not likely to become competent
in within the
time maximum 20period
specified under s. 971.14 (5) of commitment, the military judge shall suspend
21or terminate the general court-martial.
SB82,154
22Section
154. 322.0767 (1) (b) of the statutes is amended to read:
SB82,67,2523
322.0767
(1) (b) The department of health services shall submit all reports that
24are required under s.
971.14 (5) (b) 975.36 and that pertain to a person subject to a
25commitment order under par. (a) to the court-martial.
SB82,155
1Section
155. 322.0767 (1) (c) of the statutes is amended to read:
SB82,68,122
322.0767
(1) (c) Upon receiving a report under s.
971.14 (5) (b) 975.36, the
3court-martial shall make a determination as to whether the person has become
4competent. If the court-martial determines that the defendant has become
5competent, the court-martial shall terminate the commitment to the department of
6health services and resume the general court-martial. If the court-martial
7determines that the person is making sufficient progress toward becoming
8competent, the commitment shall continue. If the court-martial determines that the
9person is not likely to become competent to proceed
in
within the
time maximum 10period
specified under s. 971.14 (5) (a) of commitment, as defined under s. 971.34 (6)
11(a), the court-martial shall suspend or terminate the commitment order under this
12subsection.
SB82,156
13Section
156. 322.0767 (1) (d) of the statutes is amended to read:
SB82,68,1614
322.0767
(1) (d) If a person who has been restored to competency again becomes
15incompetent, the maximum
commitment period
under s. 971.14 (5) (a) of
16commitment shall be as provided under s.
971.14 (5) (d) 975.36 (6).
SB82,157
17Section
157. 322.0767 (2) (a) of the statutes is amended to read:
SB82,68,2118
322.0767
(2) (a) If a court-martial finds a person not guilty by reason of mental
19disease or defect, the court-martial shall commit the person to the custody of the
20department of health services for a period not to exceed that described under s.
21971.17 (1) 975.57 (2).
SB82,158
22Section
158. 322.0767 (2) (b) of the statutes is amended to read:
SB82,68,2523
322.0767
(2) (b) Using the standard under s.
971.17 (3) (a) 975.57 (1), the
24court-martial shall determine whether the commitment order under par. (a) shall
25specify institutional care or conditional release.
SB82,159
1Section
159. 322.0767 (2) (c) of the statutes is amended to read:
SB82,69,72
322.0767
(2) (c) The court-martial has the same authority as a circuit court has
3under s.
971.17 (2) 975.55 to order the department of health services to conduct a
4predisposition investigation using the procedure in s.
972.15 973.004 or a mental
5examination as provided under s.
971.17 (2) (b), (c), and (e) 975.56 to assist the
6court-martial in determining whether to place the person in institutional care or to
7conditionally release the person.
SB82,160
8Section
160. 322.0767 (2) (d) of the statutes is amended to read:
SB82,69,149
322.0767
(2) (d) If the court-martial specifies institutional care, the
10department of health services shall place the person in an institution as provided
11under s.
971.17 (3) (c) 975.57 (3). If the court-martial specifies conditional release,
12the department of health services, in conjunction with the person's county of
13residence, shall develop a plan for conditional release as provided under s.
971.17 (3)
14(d) 975.57 (4).
SB82,161
15Section
161. 322.0767 (2) (e) of the statutes is amended to read:
SB82,69,2016
322.0767
(2) (e) After the court-martial enters an order under this subsection
17and transfers custody of a person to the department of health services, the person
18shall be subject to
s. 971.17 subch. III of ch. 975 and the circuit court for the county
19in which the person is institutionalized or where the person is placed on conditional
20release shall have jurisdiction in proceedings under
s. 971.17 subch. III of ch. 975.
SB82,162
21Section
162. 343.305 (9) (c) of the statutes is amended to read:
SB82,70,222
343.305
(9) (c) If a law enforcement officer informs the circuit or municipal
23court that a person has refused to submit to a test under sub. (3) (a), (am), or (ar), the
24court shall be prepared to hold any requested hearing to determine if the refusal was
1proper. The scope of the hearing shall be limited to the issues outlined in par. (a) 5.
2or (am) 5. Section
967.055 970.25 applies to any hearing under this subsection.
SB82,163
3Section
163. 345.20 (1) (a) of the statutes is amended to read:
SB82,70,54
345.20
(1) (a) "Judge"
has the meaning specified in s. 967.02 (6) means a judge
5of a court of record.
SB82,164
6Section
164. 345.20 (2) (c) of the statutes is amended to read:
SB82,70,97
345.20
(2) (c)
Sections 967.055 and 972.11 (3m) apply Section 970.25 applies 8to traffic forfeiture actions for violations of s. 346.63 (1) or (5) or a local ordinance in
9conformity therewith.
SB82,165
10Section
165. 345.28 (3) (a) of the statutes is amended to read:
SB82,70,1911
345.28
(3) (a) If the person does not pay the forfeiture or appear in court in
12response to the citation for a nonmoving traffic violation on the date specified in the
13citation or, if no date is specified in the citation, within 28 days after the citation is
14issued, the authority that issued the citation may issue a summons under s.
968.04
15(3) (b) 969.22 to the person and, in lieu of or in addition to issuing the summons, may
16proceed under sub. (4) or (5) but, except as provided in this section, no warrant may
17be issued for the person. If the person does not pay towing and storage charges
18associated with a citation for a nonmoving traffic violation, the authority that issued
19the citation may proceed under sub. (4).
SB82,166
20Section
166. 345.28 (5) (b) 1. of the statutes is amended to read:
SB82,71,221
345.28
(5) (b) 1. If a person fails to respond to the notices under par. (a) within
22the time specified in the notice, a warrant that substantially complies with the
23mandatory provisions under s.
968.04 (3) (a) 969.21 (1) may be issued for the person,
24except that the warrant shall direct the officer to accept the person's deposit of money
1or his or her valid Wisconsin operator's license, as provided under subd. 2. a., in lieu
2of serving the warrant and arresting the person.
SB82,167
3Section
167. 345.31 of the statutes is amended to read:
SB82,71,10
4345.31 Venue in traffic regulation actions. Section
971.19 on place 970.14
5on venue of trial in criminal actions applies to actions for the violation of traffic
6regulations and nonmoving traffic violations except that, in the case of a violation of
7an ordinance of a municipality which is located in more than one county, the action
8may be brought in any court sitting in that municipality even though in another
9county. As an alternative, the plaintiff may bring the action in the county where the
10defendant resides.
SB82,168
11Section
168. 346.63 (2) (am) of the statutes is amended to read:
SB82,71,2012
346.63
(2) (am) A person may be charged with and a prosecutor may proceed
13upon a complaint based upon a violation of any combination of par. (a) 1., 2., or 3. for
14acts arising out of the same incident or occurrence. If the person is charged with
15violating any combination of par. (a) 1., 2., or 3. in the complaint, the crimes shall be
16joined under s.
971.12 970.13. If the person is found guilty of any combination of par.
17(a) 1., 2., or 3. for acts arising out of the same incident or occurrence, there shall be
18a single conviction for purposes of sentencing and for purposes of counting
19convictions under ss. 343.30 (1q) and 343.305. Paragraph (a) 1., 2., and 3. each
20require proof of a fact for conviction which the others do not require.
SB82,169
21Section
169. 346.63 (6) (b) of the statutes is amended to read:
SB82,72,522
346.63
(6) (b) A person may be charged with and a prosecutor may proceed upon
23a complaint based upon a violation of par. (a) or sub. (2) (a) 1. or both for acts arising
24out of the same incident or occurrence. If the person is charged with violating both
25par. (a) and sub. (2) (a) 1. in the complaint, the crimes shall be joined under s.
971.12
1970.13. If the person is found guilty of violating both par. (a) and sub. (2) (a) 1. for
2acts arising out of the same incident or occurrence, there shall be a single conviction
3for purposes of sentencing and for purposes of counting convictions. Paragraph (a)
4and sub. (2) (a) 1. each require proof of a fact for conviction which the other does not
5require.
SB82,170
6Section
170. 346.74 (5) (e) of the statutes is repealed.