Amendment ASA1-SB182

LRBs0693/2

JEO:skg&mkd:dw

1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 SENATE BILL 182

May 8, 1996 - Offered by Representative R. Young.

SB182-ASA1,2,2 An Act to repeal 175.45 (9); to renumber 175.45 (title), 175.45 (1) (intro.), 175.45 (3) (title), 175.45 (3) (a) (intro.) and 175.45 (7) (b); to renumber and amend 175.45 (1) (a), 175.45 (1) (b), 175.45 (1) (c), 175.45 (1) (d), 175.45 (1) (e), 175.45 (2) (title), 175.45 (2), 175.45 (3) (a) 1., 175.45 (3) (a) 2., 175.45 (3) (a) 3., 175.45 (3) (a) 4., 175.45 (3) (b), 175.45 (4), 175.45 (5), 175.45 (6), 175.45 (7) (title), 175.45 (7) (a), 175.45 (7) (c), 175.45 (8) and 971.17 (1m); to amend 51.20 (13) (cr), 938.185 (3), 938.34 (15) (title), 938.34 (15) (a) 1., 938.34 (15) (a) 2., 971.19 (9), 973.047 (title), 973.047 (1) (a) and 973.047 (1) (b); and to create 51.20 (13) (ct), 51.30 (3) (d), 51.30 (4) (b) 24., 301.45 (1) (bm), 301.45 (1) (dd), 301.45 (1) (dh), 301.45 (1) (dp), 301.45 (1) (dt), 301.45 (2) (a), 301.45 (2) (b), 301.45 (2) (d), 301.45 (2) (e), 301.45 (3) (a) 1m., 301.45 (3) (a) 2m., 301.45 (3) (a) 3g., 301.45 (3) (a) 3r., 301.45 (3) (b) 1m., 301.45 (3) (b) 3., 301.45 (3) (b) 3m., 301.45 (4m), 301.45 (4t), 301.45 (5) (a) 1m., 301.45 (5) (a) 3m., 301.45 (5) (b), 301.45 (6) (c), 301.45 (7) (ag) and (ar), 301.45 (9), 301.45 (10), 938.34 (15m), 938.396 (2) (em), 971.17 (1m) (b) and 973.048 of the statutes; relating to: sex offender registration requirements, the release of information concerning sex offenders required to register and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB182-ASA1, s. 1 Section 1. 51.20 (13) (cr) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB182-ASA1,2,10 51.20 (13) (cr) If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting and testing requirements of s. 175.45.

SB182-ASA1, s. 2 Section 2. 51.20 (13) (ct) of the statutes is created to read:

SB182-ASA1,2,18 51.20 (13) (ct) 1. If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation, or to have solicited, conspired or attempted 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 subject individual was not the victim's parent, the court shall require the individual to comply with the reporting requirements under s. 301.45.

SB182-ASA1,3,3 2. Except as provided in subd. 1., if the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed any violation, or to have solicited, conspired or attempted to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the subject individual 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 subject individual report under s. 301.45.

SB182-ASA1, s. 3 Section 3. 51.30 (3) (d) of the statutes is created to read:

SB182-ASA1,3,8 51.30 (3) (d) The department of corrections shall have access to the files and records of court proceedings under this chapter concerning an individual required to register under s. 301.45. The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.45 (7).

SB182-ASA1, s. 4 Section 4. 51.30 (4) (b) 24. of the statutes is created to read:

SB182-ASA1,3,13 51.30 (4) (b) 24. To the department of corrections for the purpose of obtaining information concerning a person required to register under s. 301.45. The department of corrections may disclose information that it receives under this subdivision as provided under s. 301.45 (7).

SB182-ASA1, s. 5 Section 5. 175.45 (title) of the statutes is renumbered 301.45 (title).

SB182-ASA1, s. 6 Section 6. 175.45 (1) (intro.) of the statutes is renumbered 301.45 (1) (intro.).

SB182-ASA1, s. 7 Section 7. 175.45 (1) (a) of the statutes is renumbered 301.45 (1) (a) and amended to read:

SB182-ASA1,3,23 301.45 (1) (a) Is convicted, adjudicated delinquent or found in need of protection or services on or after December 25, 1993, for any violation , or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 944.06, 948.02 (1) or (2) or, 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.

SB182-ASA1, s. 8 Section 8. 175.45 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is renumbered 301.45 (1) (b) and amended to read:

SB182-ASA1,4,7 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 944.06, 948.02 (1) or (2) or, 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.

SB182-ASA1, s. 9 Section 9. 175.45 (1) (c) of the statutes is renumbered 301.45 (1) (c) and amended to read:

SB182-ASA1,4,15 301.45 (1) (c) Is found not guilty or not responsible by reason of mental disease or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 944.06, 948.02 (1) or (2) or, 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.

SB182-ASA1, s. 10 Section 10. 175.45 (1) (d) of the statutes is renumbered 301.45 (1) (d) and amended to read:

SB182-ASA1,4,23 301.45 (1) (d) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 944.06, 948.02 (1) or (2) or , 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.

SB182-ASA1, s. 11 Section 11. 175.45 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 77, is renumbered 301.45 (1) (e) and amended to read:

SB182-ASA1,5,3 301.45 (1) (e) Is ordered by a court under s. 51.20 (13) (cr) (ct), 938.34 (15) (15m), 971.17 (1m) (b) 2. or 973.047 973.048 to comply with the reporting requirements under this section.

SB182-ASA1, s. 12 Section 12. 175.45 (2) (title) of the statutes is renumbered 301.45 (2) (title) and amended to read:

SB182-ASA1,5,6 301.45 (2) (title) What information must be provided, by whom and when.

SB182-ASA1, s. 13 Section 13. 175.45 (2) of the statutes is renumbered 301.45 (2) (c) and amended to read:

SB182-ASA1,5,12 301.45 (2) (c) A person subject to sub. (1) shall provide the information about his or her home address, place of school enrollment, place of employment and employment duties specified in par. (a) to the department of justice in accordance with the rules under sub. (8).

SB182-ASA1, s. 14 Section 14. 175.45 (3) (title) of the statutes is renumbered 301.45 (3) (title).

SB182-ASA1, s. 15 Section 15. 175.45 (3) (a) (intro.) of the statutes is renumbered 301.45 (3) (a) (intro.).

SB182-ASA1, s. 16 Section 16. 175.45 (3) (a) 1. of the statutes is renumbered 301.45 (3) (a) 1. and amended to read:

SB182-ASA1,5,20 301.45 (3) (a) 1. If the person has been placed on probation or supervision, he or she is subject to this subsection after he or she is discharged from upon being placed on probation or supervision.

SB182-ASA1, s. 17 Section 17. 175.45 (3) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 77, is renumbered 301.45 (3) (a) 2. and amended to read:

SB182-ASA1,6,2 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she is subject to this subsection after he or she is discharged from upon being released on parole or aftercare supervision.

SB182-ASA1, s. 18 Section 18. 175.45 (3) (a) 3. of the statutes is renumbered 301.45 (3) (a) 3. and amended to read:

SB182-ASA1,6,9 301.45 (3) (a) 3. If the person has been committed under s. 51.20 or 971.17, he or she is subject to this subsection after upon being placed on conditional release under s. 971.17 or on a conditional transfer under s. 51.35 (1) or, if he or she was not placed on conditional release or on a conditional transfer, before he or she is terminated under s. 971.17 (5) or discharged under s. 51.35 (4) or 971.17 (6).

SB182-ASA1, s. 19 Section 19. 175.45 (3) (a) 4. of the statutes is renumbered 301.45 (3) (a) 4. and amended to read:

SB182-ASA1,6,13 301.45 (3) (a) 4. If subd. 1., 1m., 2. or, 2m., 3., 3g. or 3r. does not apply, the person is subject to this subsection after he or she is sentenced or receives a disposition.

SB182-ASA1, s. 20 Section 20. 175.45 (3) (b) of the statutes is renumbered 301.45 (3) (b) 1. and amended to read:

SB182-ASA1,6,20 301.45 (3) (b) 1. A Except as provided in subd. 1m., a person who is subject to par. (a) shall notify the department of justice once each calendar year, as directed by the department, of his or her current information specified in sub. (2) (a). The department shall annually notify registrants of their need to comply with this requirement.

SB182-ASA1,7,4 2. The department shall notify a person who is being released from prison because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1) of the need to comply with this section. Also, probation and parole agents, aftercare agents and agencies providing supervision shall notify any client who is covered under sub. (1) of this requirement prior to the client's expected date of discharge from the need to comply with this section at the time the client is placed on probation, parole, supervision or aftercare supervision or, if the client is on probation or parole from another state under s. 304.13 or 304.135, when the client enters this state.

SB182-ASA1,7,8 4. Failure to receive this notice under this paragraph from the department of health and family services, the department of corrections, a probation and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under sub. (6).

SB182-ASA1, s. 21 Section 21. 175.45 (4) of the statutes is renumbered 301.45 (4) and amended to read:

SB182-ASA1,7,14 301.45 (4) Updated information. In addition to the requirements under sub. (3), whenever any of the information under sub. (2) (a) changes, the person shall provide the department of justice with the updated information within 14 10 days after the change occurs.

SB182-ASA1, s. 22 Section 22. 175.45 (5) of the statutes, as affected by 1995 Wisconsin Act 77, is renumbered 301.45 (5) (a), and 301.45 (5) (a) (intro.), 2. and 4., as renumbered, are amended to read:

SB182-ASA1,7,20 301.45 (5) (a) (intro.) A Except as provided in par. (b), a person who is covered under sub. (1) no longer has to comply with this section when the following applicable criterion is met:

SB182-ASA1,7,23 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, 15 years after discharge from prison, parole or aftercare supervision.

SB182-ASA1,7,25 4. If par. (a), (b) or (c) subd. 1., 1m., 2., 3. or 3m. does not apply, 15 years after the date of conviction or disposition.

SB182-ASA1, s. 23 Section 23. 175.45 (6) of the statutes is renumbered 301.45 (6), and 301.45 (6) (a), as renumbered, is amended to read:

SB182-ASA1,8,12 301.45 (6) (a) Whoever intentionally fails to comply with any requirement to provide information under subs. (2) to (4) may be fined not more than $10,000 or imprisoned for not more than 9 months or both. Subject to s. 971.19 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a violation of this subsection. If the department of justice corrections determines that there is probable cause to believe that a person has intentionally failed to comply with any requirement to provide information under subs. (2) to (4), the department shall forward a certified copy of all pertinent departmental information to the applicable district attorney. The department shall certify the copy in accordance with s. 889.08.

SB182-ASA1, s. 24 Section 24. 175.45 (7) (title) of the statutes is renumbered 301.45 (7) (title) and amended to read:

SB182-ASA1,8,16 301.45 (7) (title) Department of justice; information Information maintenance and expungement.

SB182-ASA1, s. 25 Section 25. 175.45 (7) (a) of the statutes is renumbered 301.45 (7) (a) and amended to read:

SB182-ASA1,8,21 301.45 (7) (a) The department of justice shall maintain information provided under sub. (2). The department shall keep the information confidential except as needed for law enforcement purposes provided in pars. (ag) and (ar).

SB182-ASA1, s. 26 Section 26. 175.45 (7) (b) of the statutes is renumbered 301.45 (7) (b).

SB182-ASA1, s. 27 Section 27. 175.45 (7) (c) of the statutes is renumbered 301.45 (7) (c), and 301.45 (7) (c) (intro.), as renumbered, is amended to read:

SB182-ASA1,9,6 301.45 (7) (c) (intro.) A person who has provided about whom information is maintained in the registry under sub. (2) may request expungement of all pertinent departmental information in the registry on the grounds that his or her conviction, delinquency adjudication, finding of need of protection or services or commitment has been reversed, set aside or vacated. The department shall purge all of that information if the department receives all of the following:

SB182-ASA1, s. 28 Section 28. 175.45 (8) of the statutes is renumbered 301.45 (8) and amended to read:

SB182-ASA1,9,14 301.45 (8) Rules. The department of justice shall promulgate rules necessary to carry out its duties under this section. The rules shall include guidelines for determining whether it is necessary for public protection to release information from the registry under sub. (7) (ar) 2., guidelines for determining what information may be released under sub. (7) (ar) 2. and procedures for the release of information under sub. (7) (ar) 2.

SB182-ASA1, s. 29 Section 29. 175.45 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

SB182-ASA1, s. 30 Section 30. 301.45 (1) (bm) of the statutes is created to read:

SB182-ASA1,9,25 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to 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 that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB182-ASA1, s. 31 Section 31. 301.45 (1) (dd) of the statutes is created to read:

SB182-ASA1,10,8 301.45 (1) (dd) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to 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 that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB182-ASA1, s. 32 Section 32. 301.45 (1) (dh) of the statutes is created to read:

SB182-ASA1,10,16 301.45 (1) (dh) Is on parole or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to 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, 948.11 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.