Amendment SSA1-SB182

SB182-SSA1,38,2 971.17 (4m) (title) Notice to victims about conditional release.

SB182-SSA1, s. 94 Section 94. 971.17 (4m) (b) of the statutes is renumbered 971.17 (4m) (b) (intro.) and amended to read:

SB182-SSA1,38,7 971.17 (4m) (b) (intro.) If the court conditionally releases a defendant under this section, the district attorney shall notify all of the following person, if he or she can be found, in accordance with par. (c): the

SB182-SSA1,38,10 1. The victim of the crime committed by the defendant or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.

SB182-SSA1, s. 95 Section 95. 971.17 (4m) (b) 2. of the statutes is created to read:

SB182-SSA1,38,12 971.17 (4m) (b) 2. The department of corrections.

SB182-SSA1, s. 96 Section 96. 971.17 (4m) (c) of the statutes is amended to read:

SB182-SSA1,38,19 971.17 (4m) (c) The notice under par. (b) shall inform the department of corrections and the person under par. (b) 1. of the defendant's name and conditional release date. The district attorney shall send the notice, postmarked no later than 7 days after the court orders the conditional release under this section, to the department of corrections and to the last-known address of the person under par. (b) 1.

SB182-SSA1, s. 97 Section 97. 971.17 (4m) (d) of the statutes is amended to read:

SB182-SSA1,38,23 971.17 (4m) (d) Upon request, the department of health and social services shall assist district attorneys in obtaining information regarding persons specified in par. (b) 1.

SB182-SSA1, s. 98 Section 98. 971.17 (6m) (title) of the statutes is amended to read:

SB182-SSA1,38,25 971.17 (6m) (title) Notice to victims about termination or discharge.

SB182-SSA1, s. 99 Section 99. 971.17 (6m) (b) of the statutes is renumbered 971.17 (6m) (b) (intro.) and amended to read:

SB182-SSA1,39,5 971.17 (6m) (b) (intro.) If the court orders that the defendant's commitment is terminated under sub. (5) or that the defendant be discharged under sub. (6), the department of health and social services shall notify the all of the following:

SB182-SSA1,39,10 1. If the person has submitted a card under par. (d) requesting notification, the victim of the crime committed by the defendant, or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian, after the submission of a card under par. (d) requesting notification.

SB182-SSA1, s. 100 Section 100. 971.17 (6m) (b) 2. of the statutes is created to read:

SB182-SSA1,39,12 971.17 (6m) (b) 2. The department of corrections.

SB182-SSA1, s. 101 Section 101. 971.17 (6m) (c) of the statutes is amended to read:

SB182-SSA1,39,19 971.17 (6m) (c) The notice under par. (b) shall inform the department of corrections and the person under par. (b) 1. of the defendant's name and termination or discharge date. The department of health and social services shall send the notice, postmarked at least 7 days before the defendant's termination or discharge date, to the department of corrections and to the last-known address of the person under par. (b) 1.

SB182-SSA1, s. 102 Section 102. 971.17 (6m) (d) of the statutes is amended to read:

SB182-SSA1,40,5 971.17 (6m) (d) The department of health and social services shall design and prepare cards for persons specified in par. (b) 1. to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the applicable defendant and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (b) 1. These persons may send completed cards to the department. All departmental records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a request under sub. (4m) (d) or s. 301.46 (3) (d).

SB182-SSA1, s. 103 Section 103. 971.19 (9) of the statutes is amended to read:

SB182-SSA1,40,11 971.19 (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-SSA1, s. 104 Section 104. 973.047 (title) of the statutes is amended to read:

SB182-SSA1,40,14 973.047 (title) Deoxyribonucleic acid analysis and reporting requirements.

SB182-SSA1, s. 105 Section 105. 973.047 (1) (a) of the statutes is amended to read:

SB182-SSA1,40,24 973.047 (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-SSA1, s. 106 Section 106. 973.047 (1) (b) of the statutes is amended to read:

SB182-SSA1,41,8 973.047 (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-SSA1, s. 107 Section 107. 973.048 of the statutes is created to read:

SB182-SSA1,41,15 973.048 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 or 948.11, the court shall require the person to comply with the reporting requirements under s. 301.45.

SB182-SSA1,41,22 (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-SSA1, s. 108 Section 108. 980.063 of the statutes is created to read:

SB182-SSA1,42,2 980.063 Deoxyribonucleic acid analysis requirements. (1) (a) If a person is found to be a sexually violent person under this chapter, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

SB182-SSA1,42,5 (b) The results from deoxyribonucleic acid analysis of a specimen under par. (a) may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

SB182-SSA1,42,8 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens under sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77.

SB182-SSA1, s. 109 Section 109. 980.11 (title) of the statutes is amended to read:

SB182-SSA1,42,11 980.11 (title) Notice to victims concerning supervised release or discharge.

SB182-SSA1, s. 110 Section 110. 980.11 (2) (intro.) of the statutes is amended to read:

SB182-SSA1,42,16 980.11 (2) (intro.) If the court places a person on supervised release under s. 980.06 or discharges a person under s. 980.09 or 980.10, the district attorney or department of justice, whichever is applicable, shall notify whichever all of the following:

SB182-SSA1,42,18 (am) Whichever of the following persons is appropriate, if he or she can be found, in accordance with sub. (3):

SB182-SSA1, s. 111 Section 111. 980.11 (2) (a) of the statutes is renumbered 980.11 (2) (am) 1.

SB182-SSA1, s. 112 Section 112. 980.11 (2) (b) of the statutes is renumbered 980.11 (2) (am) 2.

SB182-SSA1, s. 113 Section 113. 980.11 (2) (bm) of the statutes is created to read:

SB182-SSA1,42,22 980.11 (2) (bm) The department of corrections.

SB182-SSA1, s. 114 Section 114. 980.11 (2) (c) of the statutes is renumbered 980.11 (2) (am) 3.

SB182-SSA1, s. 115 Section 115. 980.11 (3) of the statutes is amended to read:

SB182-SSA1,43,7 980.11 (3) The notice under sub. (2) shall inform the department of corrections and the person under sub. (2) (am) of the name of the person committed under this chapter and the date the person is placed on supervised release or discharged. The department shall send the notice, postmarked at least 7 days before the date the person committed under this chapter is placed on supervised release or discharged, to the department of corrections and to the last-known address of the person under sub. (2) (am).

SB182-SSA1, s. 116 Section 116. 980.11 (4) of the statutes is amended to read:

SB182-SSA1,43,21 980.11 (4) The department shall design and prepare cards for persons specified in sub. (2) (am) to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the person committed under this chapter and any other information the department determines is necessary. The department shall provide the cards, without charge, to the department of justice and district attorneys. The department of justice and district attorneys shall provide the cards, without charge, to persons specified in sub. (2) (am). These persons may send completed cards to the department of health and social services. All records or portions of records of the department of health and social services that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a written request by a district attorney or the department of justice for assistance in locating persons to be notified corrections under sub. (2) s. 301.46 (3) (d).

SB182-SSA1, s. 117 Section 117 . Nonstatutory provisions.

SB182-SSA1,43,24 (1) Transfer of sex offender registration responsibilities to the department of corrections.

SB182-SSA1,44,5 (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-SSA1,44,10 (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-SSA1,44,15 (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-SSA1, s. 118 Section 118 . Appropriation changes.

SB182-SSA1,44,24 (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 $124,400 for fiscal year 1995-96 and the dollar amount is increased by $407,800 for fiscal year 1996-97 to increase the authorized FTE positions for the department by 5.0 GPR positions on January 1, 1997, for the performance of duties relating to sex offender registration and community notification concerning sex offenders.

SB182-SSA1,45,7 (2)  Transfer of sex offender registration responsibilities; 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 $59,300 for fiscal year 1996-97 to increase the authorized FTE positions for the department by 2.0 GPR positions on July 1, 1996, for the performance of duties relating to sex offender registration under section 175.45, 1993 stats.

SB182-SSA1,45,14 (3)  Transfer of sex offender registration responsibilities; justice. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of justice under section 20.455 (2) (a) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $59,300 for fiscal year 1996-97 to decrease the authorized FTE positions for the department by 2.0 GPR positions on July 1, 1996, for the performance of duties relating to sex offender registration under section 175.45, 1993 stats.

SB182-SSA1, s. 119 Section 119. Effective dates. This act takes effect on the day after publication, except as follows:

SB182-SSA1,45,20 (1)  Transfer of sex offender registry to the department of corrections. The amendment of section 175.45 (2), (3) (b), (4), (6) (a), (7) (title) and (a), (8) and (9) of the statutes and Section 117 of this act take effect on July 1, 1996, or on the day after publication, whichever is later.

SB182-SSA1,46,9 (2)  Community notification and changes in sex offender registry. The treatment of section 175.45 (2) (title) of the statutes, the amendment of sections 51.20 (13) (cr), 51.375 (1) (a) and (d), 301.132 (1) (c), 938.185 (3), 938.34 (15) (title) and (a) 1. and 2., 950.045, 971.17 (4m) (title), (c) and (d) and (6m) (title) and (c) and (d), 971.19 (9) and 973.047 (title) and (1) (a) and (b) of the statutes, the renumbering of section 175.45 (title), (1) (intro.), (3) (title) and (a) (intro.), (6), (7) (title) and (b) of the statutes, the renumbering and amendment of sections 175.45 (1) (a), (b), (c), (d) and (e), (2), (3) (a) 1., 2., 3. and 4. and (b), (4), (5), (7) (a) and (c) and (8) and 971.17 (1m), (4m) (b) and (6m) (b) of the statutes, the creation of sections 48.396 (2) (f), 51.20 (13) (ct), 51.30 (3) (d) and (4) (b) 24., 301.45 (1) (bm), (dd), (dh), (dp) and (dt), (2) (a), (b), (d) and (e), (3) (a) 1m., 2m., 3g. and 3r. and (b) 1m., 3. and 3m., (4m), (5) (a) 1m. and 3m. and (b), (6) (c) and (9), 301.46, 938.34 (15m), 938.396 (2) (em), 939.646, 971.17 (1m) (b), (4m) (b) 2. and (6m) (b) 2. and 973.048 of the statutes and the repeal of section 175.45 (9) of the statutes take effect on January 1, 1997.

SB182-SSA1,46,12 (3)  Miscellaneous. The repeal and recreation of sections 165.76 (3), 165.765 (1) and (2) (a) and 165.77 (2) (b) and (3) of the statutes takes effect on July 1, 1996, or on the day after publication, whichever is later.

SB182-SSA1,46,13 (End)