Amendment ASA1-SB182

SB182-ASA1,17,3 301.45 (9) Cooperation. The department of health and family services and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.

SB182-ASA1, s. 54 Section 54. 301.45 (10) of the statutes is created to read:

SB182-ASA1,17,9 301.45 (10) Immunity. A person acting under this section is immune from civil liability for any good faith act or omission in the performance of his or her powers and duties under this section. The immunity under this subsection does not extend to a person whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.

SB182-ASA1, s. 55 Section 55. 938.185 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB182-ASA1,17,16 938.185 (3) Venue for a proceeding under s. 938.12 or 938.13 (12) based on an alleged violation of s. 175.45 301.45 (6) may be in the juvenile's county of residence at the time that the petition is filed or, if the juvenile does not have a county of residence in this state at the time that the petition is filed, any county in which the juvenile has resided while subject to s. 175.45 301.45.

SB182-ASA1, s. 56 Section 56. 938.34 (15) (title) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB182-ASA1,17,20 938.34 (15) (title) Deoxyribonucleic acid analysis and reporting requirements.

SB182-ASA1, s. 57 Section 57. 938.34 (15) (a) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB182-ASA1,18,7 938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. If the violation is of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the juvenile to comply with the reporting requirements under s. 175.45. If the violation is of s. 940.225 (3) or (3m), the court may require the juvenile to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the juvenile report under s. 175.45.

SB182-ASA1, s. 58 Section 58. 938.34 (15) (a) 2. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB182-ASA1,18,17 938.34 (15) (a) 2. Except as provided in subd. 1., if the juvenile is adjudicated delinquent on the basis of any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the juvenile to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the juvenile report under s. 175.45.

SB182-ASA1, s. 59 Section 59. 938.34 (15m) of the statutes is created to read:

SB182-ASA1,18,24 938.34 (15m) Sex offender reporting requirements. (a) If the child is adjudicated delinquent on the basis of a violation, or the solicitation, conspiracy or attempt to commit a violation, of s. 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, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the child was not the victim's parent, the court shall require the person to comply with the reporting requirements under s. 301.45.

SB182-ASA1,19,7 (b) Except as provided in par. (a), if the child is adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the child 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 child report under s. 301.45.

SB182-ASA1, s. 60 Section 60. 938.396 (2) (em) of the statutes is created to read:

SB182-ASA1,19,15 938.396 (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) (a). The department may disclose information that it obtains under this paragraph as provided under s. 301.45 (7).

SB182-ASA1, s. 61 Section 61. 971.17 (1m) of the statutes is renumbered 971.17 (1m) (a) and amended to read:

SB182-ASA1,19,22 971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting requirements of s. 175.45.

SB182-ASA1, s. 62 Section 62. 971.17 (1m) (b) of the statutes is created to read:

SB182-ASA1,20,5 971.17 (1m) (b) 1. 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, 948.11 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.

SB182-ASA1,20,12 2. Except as provided in subd. 1., if the defendant under sub. (1) is found not guilty by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the defendant to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the defendant report under s. 301.45.

SB182-ASA1, s. 63 Section 63. 971.19 (9) of the statutes is amended to read:

SB182-ASA1,20,18 971.19 (9) In an action under s. 175.45 301.45 (6), the defendant may be tried in the defendant's county of residence at the time that the complaint is filed or, if the defendant does not have a county of residence in this state at the time that the complaint is filed, any county in which he or she has resided while subject to s. 175.45 301.45.

SB182-ASA1, s. 64 Section 64. 973.047 (title) of the statutes is amended to read:

SB182-ASA1,20,21 973.047 (title) Deoxyribonucleic acid analysis and reporting requirements.

SB182-ASA1, s. 65 Section 65. 973.047 (1) (a) of the statutes is amended to read:

SB182-ASA1,21,6 973.047 (1) (a) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. If the violation is of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the person to comply with the reporting requirements under s. 175.45. If the violation is of s. 940.225 (3) or (3m), the court may require the person to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the person report under s. 175.45.

SB182-ASA1, s. 66 Section 66. 973.047 (1) (b) of the statutes is amended to read:

SB182-ASA1,21,15 973.047 (1) (b) Except as provided in par. (a), if a court imposes a sentence or places a person on probation for any violation under chs. ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the person to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the person report under s. 175.45.

SB182-ASA1, s. 67 Section 67. 973.048 of the statutes is created to read:

SB182-ASA1,21,23 973.048 Sex offender reporting requirements. (1) 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, 948.11 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.

SB182-ASA1,22,5 (2) Except as provided in sub. (1), if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the person report under s. 301.45.

SB182-ASA1, s. 68 Section 68 . Nonstatutory provisions.

SB182-ASA1,22,8 (1) Transfer of sex offender registration responsibilities to the department of corrections.

SB182-ASA1,22,13 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of justice that are primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of corrections.

SB182-ASA1,22,18 (b) Tangible personal property. On the effective date of this paragraph, the tangible personal property, including records, of the department of justice that is primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., as determined by the secretary of administration, is transferred to the department of corrections.

SB182-ASA1,22,23 (c) Rules. All rules promulgated by the department of justice that are primarily related to the administration by the department of sex offender registration under section 175.45, 1993 stats., and that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of corrections.

SB182-ASA1, s. 69 Section 69 . Appropriation changes.

SB182-ASA1,23,6 (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 1995, the dollar amount is increased by $25,400 for fiscal year 1996-97 to increase the authorized FTE positions for the department by 1.5 GPR positions on March 1, 1997, for the performance of duties relating to sex offender registration.

SB182-ASA1, s. 70 Section 70. Effective dates. This act takes effect on June 1, 1997, except as follows:

SB182-ASA1,23,9 (1)  Section 69 of this act takes effect on the day after publication.

SB182-ASA1,23,10 (End)