1999 Wisconsin Act 89

301.46 (3) (c) The notice under par. (b) shall be a written notice to the victim or member of the victim's family that the person required to register under s. 301.45 and specified in the information provided under par. (d) has been registered or, if applicable, has provided the department with updated information under s. 301.45 (4). The notice shall contain the information specified in sub. (2) (b) 1., 5., 6., 7. and 10. or, if applicable, the updated information.

89,78 Section 78. 301.46 (4) (b) 3. of the statutes is repealed.

89,79 Section 79. 301.46 (5) (b) 2. of the statutes is repealed.

89,80 Section 80. 301.46 (5n) of the statutes is created to read:

301.46 (5n) Internet access. No later than the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], the department shall provide access to information concerning persons registered under s. 301.45 by creating and maintaining an Internet site and by any other means that the department determines is appropriate. The information provided through the Internet site shall be organized in a manner that allows a person using the Internet site to obtain the information that the department is required to provide the person under sub. (2), (2m), (3), (4) or (5) and other information that the department determines is necessary to protect the public. The department shall keep the information provided on the Internet site and in other means used to allow access to the information secure against unauthorized alteration.

89,81 Section 81. 301.46 (6) (a) of the statutes is amended to read:

301.46 (6) (a) Except as provided in par. (b), the department or an agency with jurisdiction may provide notice of or access to information under subs. (2) to (5) concerning a person registered under s. 301.45 only during the period under s. 301.45 (5) or (5m) for which the person is required to comply with s. 301.45.

89,82 Section 82. 452.23 (2) (d) of the statutes is created to read:

452.23 (2) (d) Except as provided in s. 452.24, any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.

89,82m Section 82m. 452.24 of the statutes is created to read:

452.24 Disclosure duty; immunity for providing notice about the sex offender registry. (1) If, in connection with the sale, exchange, purchase or rental of real property, a licensee receives a request from a person to whom the licensee is providing brokerage services in connection with the sale, exchange, purchase or rental for information related to whether a particular person is required to register as a sex offender under s. 301.45 or any other information about the sex offender registry under s. 301.45, the licensee has a duty to disclose such information, if the licensee has actual knowledge of the information.

(2) Notwithstanding sub. (1), the broker or salesperson is immune from liability for any act or omission related to the disclosure of information under sub. (1) if the broker or salesperson in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.

89,84m Section 84m. 704.50 of the statutes is created to read:

704.50 Disclosure duty; immunity for providing notice about the sex offender registry. (1) Except as provided in sub. (2), a landlord or his or her agent has no duty to disclose to any person in connection with the rental of real property any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.

(2) If, in connection with the rental of real property, a person requests of a landlord or his or her agent information related to whether a particular person is required to register as a sex offender under s. 301.45 or any other information about the sex offender registry under s. 301.45, the landlord or agent has a duty to disclose such information, if the landlord or agent has actual knowledge of the information.

(3) Notwithstanding sub. (2), the landlord or agent is immune from liability for any act or omission related to the disclosure of information under sub. (2) if the landlord or agent in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.

89,86m Section 86m. 706.20 of the statutes is created to read:

706.20 Disclosure duty; immunity for providing notice about the sex offender registry. (1) Except as provided in sub. (2), an owner of an interest in real property has no duty to disclose to any person in connection with the sale, exchange, purchase or rental of the real property any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.

(2) If, in connection with the sale, exchange, purchase or rental of real property, a person requests of an owner of an interest in the real property information related to whether a particular person is required to register as a sex offender under s. 301.45 or any other information about the sex offender registry under s. 301.45, the owner has a duty to disclose such information, if the owner has actual knowledge of the information.

(3) Notwithstanding sub. (2), the owner is immune from liability for any act or omission related to the disclosure of information under sub. (2) if the owner in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.

89,89 Section 89. 938.185 (3) of the statutes is renumbered 938.185 (3) (intro.) and amended to read:

938.185 (3) (intro.) Venue for a proceeding under s. 938.12 or 938.13 (12) based on an alleged violation of s. 301.45 (6) (a) may be in the juvenile's county of residence at the time that the petition is filed or, if. If the juvenile does not have a county of residence in this state at the time that the petition is filed, any or if the juvenile's county of residence is unknown at the time that the petition is filed, venue for the proceeding may be in any of the following counties:

(a) Any county in which the juvenile has resided while subject to s. 301.45.

89,89d Section 89d. 938.185 (3) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

938.185 (3) (intro.) Venue for a proceeding under s. 938.12 or 938.13 (12) based on an alleged violation of s. 301.45 (6) (a) or (ag) may be in the juvenile's county of residence at the time that the petition is filed. If the juvenile does not have a county of residence in this state at the time that the petition is filed, or if the juvenile's county of residence is unknown at the time that the petition is filed, venue for the proceeding may be in any of the following counties:

89,90 Section 90. 938.185 (3) (b), (c) and (d) of the statutes are created to read:

938.185 (3) (b) The county in which the juvenile was adjudicated delinquent or found not responsible by reason of mental disease or defect for the sex offense that requires the juvenile to register under s. 301.45.

(c) If the juvenile is required to register under s. 301.45 (1g) (dt), the county in which the juvenile was found to be a sexually violent person under ch. 980.

(d) If the juvenile is required to register only under s. 301.45 (1g) (f) or (g), any county in which the juvenile has been a student in this state or has been employed or carrying on a vocation in this state.

89,91 Section 91. 938.34 (15m) (bm) of the statutes is amended to read:

938.34 (15m) (bm) If the juvenile is adjudicated delinquent on the basis of a violation, or the solicitation, conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the juvenile was not the victim's parent, the court shall require the juvenile to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the juvenile, that the juvenile is not required to comply under s. 301.45 (1m).

89,92 Section 92. 938.34 (15m) (d) of the statutes is created to read:

938.34 (15m) (d) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the court may order the juvenile to continue to comply with the reporting requirements until his or her death.

89,93 Section 93. 938.34 (15m) (e) of the statutes is created to read:

938.34 (15m) (e) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of delinquency on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding of delinquency has been reversed, set aside or vacated.

89,94 Section 94. 938.345 (3) of the statutes is created to read:

938.345 (3) (a) 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. 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. In determining 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:

1. The ages, at the time of the violation, of the juvenile and the victim of the violation.

2. The relationship between the juvenile and the victim of the violation.

3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

4. Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.

5. The probability that the juvenile will commit other violations in the future.

6. Any other factor that the court determines may be relevant to the particular case.

(b) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the court may order the juvenile to continue to comply with the reporting requirements until his or her death.

(c) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of need of protection or services on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside or vacated.

89,95 Section 95. 938.396 (2) (em) of the statutes is amended to read:

938.396 (2) (em) Upon request of the department to review court records for the purpose of obtaining information concerning a child required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department the records of the court relating to any child who has been adjudicated delinquent or found not responsible by reason of mental disease or defect for an offense specified in s. 301.45 (1) (1g) (a). The department may disclose information that it obtains under this paragraph as provided under s. 301.46.

89,96 Section 96. 939.615 (6) (i) of the statutes is created to read:

939.615 (6) (i) If the court grants a petition requesting termination of lifetime supervision and the person is registered with the department under s. 301.45, the court may also order that the person is no longer required to comply with the reporting requirements under s. 301.45. This paragraph does not apply to a person who must continue to comply with the reporting requirements for life under s. 301.45 (5) (b) or for as long as he or she is in this state under s. 301.45 (5m) (b).

89,97 Section 97. 942.06 (2m) (a) of the statutes is amended to read:

942.06 (2m) (a) An employe or agent of the department of corrections who conducts a lie detector test of a probationer, parolee or person on extended supervision under the rules promulgated sex offender under s. 301.132.

89,98 Section 98. 942.06 (2q) (a) (intro.) of the statutes is amended to read:

942.06 (2q) (a) (intro.) An employe or agent of the department of corrections who discloses, to any of the following, the fact that a probationer, parolee or person on extended supervision sex offender has had a lie detector test under the rules promulgated under s. 301.132 or the results of such a lie detector test:

89,99 Section 99. 971.17 (1m) (b) 2m. of the statutes is amended to read:

971.17 (1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the defendant was not the victim's parent, the court shall require the defendant to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the defendant, that the defendant is not required to comply under s. 301.45 (1m).

89,100 Section 100. 971.17 (1m) (b) 4. of the statutes is created to read:

971.17 (1m) (b) 4. If the court orders a defendant to comply with the reporting requirements under s. 301.45, the court may order the defendant to continue to comply with the reporting requirements until his or her death.

89,101 Section 101. 971.17 (1m) (b) 5. of the statutes is created to read:

971.17 (1m) (b) 5. If the court orders a defendant to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of not guilty by reason of mental disease or defect on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside or vacated.

89,102 Section 102. 971.19 (9) of the statutes is renumbered 971.19 (9) (intro.) and amended to read:

971.19 (9) (intro.) In an action under s. 301.45 (6) (a), the defendant may be tried in the defendant's county of residence at the time that the complaint is filed or, if. If the defendant does not have a county of residence in this state at the time that the complaint is filed, any or if the defendant's county of residence is unknown at the time that the complaint is filed, the defendant may be tried in any of the following counties:

(a) Any county in which he or she has resided while subject to s. 301.45.

89,102d Section 102d. 971.19 (9) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

971.19 (9) In an action under s. 301.45 (6) (a) or (ag), the defendant may be tried in the defendant's county of residence at the time that the complaint is filed. If the defendant does not have a county of residence in this state at the time that the complaint is filed, or if the defendant's county of residence is unknown at the time that the complaint is filed, the defendant may be tried in any of the following counties:

89,103 Section 103. 971.19 (9) (b), (c) and (d) of the statutes are created to read:

971.19 (9) (b) The county in which he or she was convicted, found not guilty or not responsible by reason of mental disease or defect or adjudicated delinquent for the sex offense that requires the person to register under s. 301.45.

(c) If the defendant is required to register under s. 301.45 (1g) (dt), the county in which the person was found to be a sexually violent person under ch. 980.

(d) If the person is required to register only under s. 301.45 (1g) (f) or (g), any county in which the person has been a student in this state or has been employed or carrying on a vocation in this state.

89,104 Section 104. 973.048 (2m) of the statutes is amended to read:

973.048 (2m) If a court imposes a sentence or places a person on probation for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent, the court shall require the person to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the person, that the person is not required to comply under s. 301.45 (1m).

89,105 Section 105. 973.048 (4) of the statutes is created to read:

973.048 (4) If the court orders a person to comply with the reporting requirements under s. 301.45, the court may order the person to continue to comply with the reporting requirements until his or her death.

89,106 Section 106. 973.048 (5) of the statutes is created to read:

973.048 (5) If the court orders a person to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the conviction on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the conviction has been reversed, set aside or vacated.

89,107 Section 107. Nonstatutory provisions.

(1) Persons registered as sex offenders based on being found in need of protection or services.

(a) Notwithstanding section 301.45 (1) (a), 1997 stats., no later than the first day of the 7th month beginning after the effective date of this paragraph, the department of corrections shall, except as provided in paragraphs (d) and (e), purge all of the information maintained in the sex offender registry under section 301.45 of the statutes, as affected by this act, concerning a person who is registered as a sex offender on the effective date of this paragraph solely because the person had been found in need of protection or services on or after December 25, 1993, for an offense specified in section 301.45 (1) (a), 1997 stats.

(b) No later the first day of the 3rd month beginning after the effective date of this paragraph, the department of corrections shall, with respect to each person registered as a sex offender who is covered by the purgation requirement under paragraph (a), notify the county department of social services or the county department of human services, whichever is applicable, of the county of the court that found the person in need of protection or services that the information in the sex offender registry is subject to being purged under paragraph (a ).

(c) A county department of social services or county department of human services that receives a notice from the department of corrections under paragraph (b ) concerning a person registered as a sex offender shall decide whether to petition the court that found the person in need of protection or services for an order requiring the person to continue complying with the reporting requirements under section 301.45 of the statutes, as affected by this act. The county department shall make the decision no later than the first day of the 5th month beginning after the effective date of this paragraph and shall immediately inform the department of corrections of its decision. If the county department decides that it does not want to petition the court for an order requiring a person to continue to comply with section 301.45 of the statutes, as affected by this act, the department of corrections shall purge the information concerning the person in the sex offender registry as provided under paragraph (a ). If a county department decides that it wants to petition the court, it shall request the district attorney or corporation counsel to file the petition, and the district attorney or corporation counsel shall proceed as provided under paragraph (d).

(d) A district attorney or corporation counsel who is requested to file a petition under paragraph (c ) shall file the petition in the court that found the person in need of protection or services no later than the first day of the 6th month beginning after the effective date of this paragraph. The district attorney or corporation counsel shall serve a copy of the petition on the person and, if the person has not attained the age of 18 years, on the parents, guardian or legal custodian of the person. The district attorney or corporation counsel shall also inform the department of corrections that he or she has filed the petition. If it receives notice that a petition has been filed under this paragraph, the department of corrections may not purge the information about the person in the sex offender registry except as provided under paragraph (e ).

(e) The court in which a petition is filed under paragraph (d) shall hold a hearing on the petition, at which it may allow the county department that requested the petition to be filed and the person to present evidence on whether it is in the interest of public protection to have the person continue to register as a sex offender. The court shall decide whether to grant or to deny the petition and shall provide written notification of its decision to the department of corrections no later than the first day of the 10th month beginning after the effective date of this paragraph. In deciding whether to grant or to deny the petition, the court may consider any of the factors specified under section 938.345 (3) (a) of the statutes, as created by this act. If the court grants the petition, the department of corrections shall continue to maintain the information in the sex offender registry about the person as provided under section 301.45 of the statutes, as affected by this act, and may not purge the information under paragraph (a). If the court denies the petition, the department of corrections shall purge the information in the sex offender registry about the person as provided under paragraph (a) no later than 30 days after it receives notice from the court that the petition has been denied.

(2d) Reconciliation provision. The repeal and recreation of sections 301.45 (2) (e) 2., (3) (b) 4. and (6), 938.185 (3) (intro.) and 971.19 (9) (intro.) of the statutes and Sections 109 (2d) and 110 (2d) and (3d) of this act are void unless 1999 Assembly Bill 99 is enacted into law before July 1, 2000, and unless 1999 Assembly Bill 99 affects sections 301.45 (2) (e) 2. and (6) (a) of the statutes in exactly the same form as shown in 1999 Assembly Bill 99, as passed by the senate.

89,108 Section 108. Appropriation changes.

(1) Appropriation increase; corrections. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $134,800 for fiscal year 2000-01 to increase the authorized FTE positions for the department by 4.0 GPR positions on January 1, 2001, for performing duties relating to sex offender registration under section 301.45 of the statutes, as affected by this act, and community notification concerning sex offenders under section 301.46 of the statutes, as affected by this act.

89,109 Section 109 . Initial applicability.

(1) Penalty for failure to comply with registration requirements. The creation of section 301.45 (6) (a) 2. of the statutes first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of previous offenses for purposes of determining whether the person is subject to the penalties under section 301.45 (6) (a) 2. of the statutes, as created by this act.

(2d) Provision of information by certain persons. The repeal and recreation of section 301.45 (2) (e) 2. of the statutes first applies to persons who are required to provide information under section 301.45 (2) (e) of the statutes, as affected by this act, on the effective date of this subsection.

(3c) Real property transactions. The treatment of sections 452.24, 704.50 (2) and (3) and 706.20 (2) and (3) of the statutes first applies to transactions related to the sale, exchange, purchase or rental of real property that are commenced on the first day of the 13th month beginning after publication.

89,110 Section 110 . Effective dates. This act takes effect on the day after publication, except as follows: