SB182-SSA2,6,1410 165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub.
11(1) (e) and who is on parole or probation in this state from another state on the
12effective date of this subdivision .... [revisor inserts date], the department of justice
13and the department of corrections shall cooperate to have these persons provide
14specimens under par. (a) before July 1, 2000.
SB182-SSA2, s. 15 15Section 15. 165.76 (3) of the statutes is amended to read:
SB182-SSA2,6,1816 165.76 (3) If a person is required to submit a biological specimen under s. 48.34
17(15), 51.20 (13) (cr), 971.17 (1m) or (a), 973.047 or 980.063, he or she shall comply with
18that requirement and is not required to comply with this section.
SB182-SSA2, s. 16 19Section 16. 165.76 (3) of the statutes, as affected by 1995 Wisconsin Acts 77
20and .... (this act), is repealed and recreated to read:
SB182-SSA2,6,2321 165.76 (3) If a person is required to submit a biological specimen under s. 51.20
22(13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, he or she shall comply with
23that requirement and is not required to comply with this section.
SB182-SSA2, s. 17 24Section 17. 165.765 (1) of the statutes is amended to read:
SB182-SSA2,7,3
1165.765 (1) Whoever intentionally fails to comply with a requirement to submit
2a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 may be fined
3not more than $10,000 or imprisoned for not more than 9 months or both.
SB182-SSA2, s. 18 4Section 18. 165.765 (1) of the statutes, as affected by 1995 Wisconsin Acts 77
5and .... (this act), is repealed and recreated to read:
SB182-SSA2,7,86 165.765 (1) Whoever intentionally fails to comply with a requirement to submit
7a biological specimen under s. 165.76, 938.34 (15), 973.047 or 980.063 may be fined
8not more than $10,000 or imprisoned for not more than 9 months or both.
SB182-SSA2, s. 19 9Section 19. 165.765 (2) (a) of the statutes is amended to read:
SB182-SSA2,7,1410 165.765 (2) (a) Any physician, registered nurse, medical technologist,
11physician assistant or person acting under the direction of a physician who obtains
12a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 is immune
13from any civil or criminal liability for the act, except for civil liability for negligence
14in the performance of the act.
SB182-SSA2, s. 20 15Section 20. 165.765 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts
1677 and .... (this act), is repealed and recreated to read:
SB182-SSA2,7,2117 165.765 (2) (a) Any physician, registered nurse, medical technologist,
18physician assistant or person acting under the direction of a physician who obtains
19a biological specimen under s. 165.76, 938.34 (15), 973.047 or 980.063 is immune
20from any civil or criminal liability for the act, except for civil liability for negligence
21in the performance of the act.
SB182-SSA2, s. 21 22Section 21. 165.77 (2) (b) of the statutes is amended to read:
SB182-SSA2,7,2423 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 48.34
24(15), 51.20 (13) (cr), 165.76, 971.17 (1m) or (a), 973.047 or 980.063.
SB182-SSA2, s. 22
1Section 22. 165.77 (2) (b) of the statutes, as affected by 1995 Wisconsin Acts
277 and .... (this act), is repealed and recreated to read:
SB182-SSA2,8,43 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20
4(13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063.
SB182-SSA2, s. 23 5Section 23. 165.77 (3) of the statutes is amended to read:
SB182-SSA2,8,186 165.77 (3) If the laboratories receive a human biological specimen under s.
748.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m) or (a), 973.047 or 980.063, the
8laboratories shall analyze the deoxyribonucleic acid in the specimen. The
9laboratories shall maintain a data bank based on data obtained from
10deoxyribonucleic acid analysis of those specimens. The laboratories may compare
11the data obtained from one specimen with the data obtained from other specimens.
12The laboratories may make data obtained from any analysis and comparison
13available to law enforcement agencies in connection with criminal or delinquency
14investigations and, upon request, to any prosecutor, defense attorney or subject of
15the data. The data may be used in criminal and delinquency actions and proceedings.
16In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy
17specimens obtained under this subsection after analysis has been completed and the
18applicable court proceedings have concluded.
SB182-SSA2, s. 24 19Section 24. 165.77 (3) of the statutes, as affected by 1995 Wisconsin Acts 77
20and .... (this act), is repealed and recreated to read:
SB182-SSA2,9,821 165.77 (3) If the laboratories receive a human biological specimen under s.
2251.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, the
23laboratories shall analyze the deoxyribonucleic acid in the specimen. The
24laboratories shall maintain a data bank based on data obtained from
25deoxyribonucleic acid analysis of those specimens. The laboratories may compare

1the data obtained from one specimen with the data obtained from other specimens.
2The laboratories may make data obtained from any analysis and comparison
3available to law enforcement agencies in connection with criminal or delinquency
4investigations and, upon request, to any prosecutor, defense attorney or subject of
5the data. The data may be used in criminal and delinquency actions and proceedings.
6In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy
7specimens obtained under this subsection after analysis has been completed and the
8applicable court proceedings have concluded.
SB182-SSA2, s. 25 9Section 25. 165.8285 of the statutes is created to read:
SB182-SSA2,9,14 10165.8285 Transaction information for management of enforcement
11system; department of corrections records. (1)
The department of justice shall,
12through the transaction information for management of enforcement system,
13provide local law enforcement agencies with access to the registry of sex offenders
14maintained by the department of corrections under s. 301.45.
SB182-SSA2,9,17 15(2) The department of justice shall provide the department of corrections with
16access to the transaction information for management of enforcement system
17administrative message process.
SB182-SSA2,9,25 18(3) Beginning on the effective date of this subsection .... [revisor inserts date],
19the department of justice and the department of corrections shall cooperate in using
20the transaction information for management of enforcement system, and in
21developing or using any other computerized or direct electronic data transfer system,
22in anticipation of the transfer of the sex offender registry from the department of
23justice to the department of corrections under 1995 Wisconsin Act .... (this act) and
24for the purpose of providing access to or disseminating information from the sex
25offender registry under s. 301.45.
SB182-SSA2, s. 26
1Section 26. 175.45 (title) of the statutes is renumbered 301.45 (title).
SB182-SSA2, s. 27 2Section 27. 175.45 (1) (intro.) of the statutes is renumbered 301.45 (1) (intro.).
SB182-SSA2, s. 28 3Section 28. 175.45 (1) (a) of the statutes is renumbered 301.45 (1) (a) and
4amended to read:
SB182-SSA2,10,95 301.45 (1) (a) Is convicted, adjudicated delinquent or found in need of
6protection or services on or after December 25, 1993, for any violation , or for the
7solicitation, conspiracy or attempt to commit any violation,
of s. 940.22 (2), 940.225
8(1) or, (2) or (3), 944.06, 948.02 (1) or (2) or, 948.025, 948.05, 948.055, 948.06, 948.07,
9948.08 or 948.11
.
SB182-SSA2, s. 29 10Section 29. 175.45 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 77,
11is renumbered 301.45 (1) (b) and amended to read:
SB182-SSA2,10,1712 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02
13(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on
14probation, parole, supervision or aftercare supervision on or after December 25,
151993, for any violation, for the solicitation, conspiracy or attempt to commit any
16violation,
of s. 940.22 (2), 940.225 (1) or, (2) or (3), 944.06, 948.02 (1) or (2) or, 948.025,
17948.05, 948.055, 948.06, 948.07, 948.08 or 948.11
.
SB182-SSA2, s. 30 18Section 30. 175.45 (1) (c) of the statutes is renumbered 301.45 (1) (c) and
19amended to read:
SB182-SSA2,10,2420 301.45 (1) (c) Is found not guilty or not responsible by reason of mental disease
21or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 for
22any violation, or for the solicitation, conspiracy or attempt to commit any violation,
23of s. 940.22 (2), 940.225 (1) or, (2) or (3), 944.06, 948.02 (1) or (2) or, 948.025, 948.05,
24948.055, 948.06, 948.07, 948.08 or 948.11
.
SB182-SSA2, s. 31
1Section 31. 175.45 (1) (d) of the statutes is renumbered 301.45 (1) (d) and
2amended to read:
SB182-SSA2,11,73 301.45 (1) (d) Is in institutional care or on conditional transfer under s. 51.35
4(1) or conditional release under s. 971.17 on or after December 25, 1993, for any
5violation, or for the solicitation, conspiracy or attempt to commit any violation, of s.
6940.22 (2), 940.225 (1) or, (2) or (3), 944.06, 948.02 (1) or (2) or , 948.025, 948.05,
7948.055, 948.06, 948.07, 948.08 or 948.11
.
SB182-SSA2, s. 32 8Section 32. 175.45 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 77,
9is renumbered 301.45 (1) (e) and amended to read:
SB182-SSA2,11,1210 301.45 (1) (e) Is ordered by a court under s. 51.20 (13) (cr) (ct), 938.34 (15) (15m),
11971.17 (1m) (b) 2.
or 973.047 973.048 to comply with the reporting requirements
12under this section.
SB182-SSA2, s. 33 13Section 33. 175.45 (2) (title) of the statutes is renumbered 301.45 (2) (title) and
14amended to read:
SB182-SSA2,11,1515 301.45 (2) (title) What information must be provided, by whom and when.
SB182-SSA2, s. 34 16Section 34. 175.45 (2) of the statutes is renumbered 301.45 (2) (c) and
17amended to read:
SB182-SSA2,11,2218 301.45 (2) (c) A If the department of health and family services has supervision
19over a
person subject to sub. (1), that department, with the assistance of the person,
20shall provide the information about his or her home address, place of school
21enrollment, place of employment and employment duties
specified in par. (a) to the
22department of justice corrections in accordance with the rules under sub. (8).
SB182-SSA2, s. 35 23Section 35. 175.45 (3) (title) of the statutes is renumbered 301.45 (3) (title).
SB182-SSA2, s. 36 24Section 36. 175.45 (3) (a) (intro.) of the statutes is renumbered 301.45 (3) (a)
25(intro.).
SB182-SSA2, s. 37
1Section 37. 175.45 (3) (a) 1. of the statutes is renumbered 301.45 (3) (a) 1. and
2amended to read:
SB182-SSA2,12,53 301.45 (3) (a) 1. If the person has been placed on probation or supervision, he
4or she is subject to this subsection after he or she is discharged from upon being
5placed on
probation or supervision.
SB182-SSA2, s. 38 6Section 38. 175.45 (3) (a) 2. of the statutes, as affected by 1995 Wisconsin Act
777
, is renumbered 301.45 (3) (a) 2. and amended to read:
SB182-SSA2,12,118 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured
9correctional facility or a secured child caring institution, he or she is subject to this
10subsection after he or she is discharged from upon being released on parole or
11aftercare supervision.
SB182-SSA2, s. 39 12Section 39. 175.45 (3) (a) 3. of the statutes is renumbered 301.45 (3) (a) 3. and
13amended to read:
SB182-SSA2,12,1814 301.45 (3) (a) 3. If the person has been committed under s. 51.20 or 971.17, he
15or she is subject to this subsection after upon being placed on conditional release
16under s. 971.17 or on a conditional transfer under s. 51.35 (1) or, if he or she was not
17placed on conditional release or on a conditional transfer, before
he or she is
18terminated under s. 971.17 (5) or discharged under s. 51.35 (4) or 971.17 (6).
SB182-SSA2, s. 40 19Section 40. 175.45 (3) (a) 4. of the statutes is renumbered 301.45 (3) (a) 4. and
20amended to read:
SB182-SSA2,12,2221 301.45 (3) (a) 4. If subd. 1., 1m., 2. or, 2m., 3., 3g. or 3r. does not apply, the person
22is subject to this subsection after he or she is sentenced or receives a disposition.
SB182-SSA2, s. 41 23Section 41. 175.45 (3) (b) of the statutes is renumbered 301.45 (3) (b) 1. and
24amended to read:
SB182-SSA2,13,5
1301.45 (3) (b) 1. A Except as provided in subd. 1m., a person who is subject
2to par. (a) shall notify the department of justice once each calendar year, as directed
3by the department, of his or her current information specified in sub. (2) (a). The
4department shall annually notify registrants of their need to comply with this
5requirement.
SB182-SSA2,13,14 62. The department shall notify a person who is being released from prison
7because he or she has reached the expiration date of his or her sentence and who is
8covered under sub. (1) of the need to comply with this section.
Also, probation and
9parole agents, aftercare agents and agencies providing supervision shall notify any
10client who is covered under sub. (1) of this requirement prior to the client's expected
11date of discharge from
the need to comply with this section at the time the client is
12placed on
probation, parole, supervision or aftercare supervision or, if the client is on
13probation or parole from another state under s. 304.13 or 304.135, when the client
14enters this state
.
SB182-SSA2,13,18 154. Failure to receive this notice under this paragraph from the department of
16health and family services, the department of corrections
, a probation and parole
17agent, an aftercare agent or an agency providing supervision is not a defense to
18liability under sub. (6).
SB182-SSA2, s. 42 19Section 42. 175.45 (4) of the statutes is renumbered 301.45 (4) and amended
20to read:
SB182-SSA2,13,2421 301.45 (4) Updated information. In addition to the requirements under sub.
22(3), whenever any of the information under sub. (2) (a) changes, the person shall
23provide the department of justice with the updated information within 14 10 days
24after the change occurs.
SB182-SSA2, s. 43
1Section 43. 175.45 (5) of the statutes, as affected by 1995 Wisconsin Act 77, is
2renumbered 301.45 (5) (a), and 301.45 (5) (a) (intro.), 2. and 4., as renumbered, are
3amended to read:
SB182-SSA2,14,64 301.45 (5) (a) (intro.) A Except as provided in par. (b), a person who is covered
5under sub. (1) no longer has to comply with this section when the following applicable
6criterion is met:
SB182-SSA2,14,97 2. If the person has been sentenced to prison or placed in a secured correctional
8facility or a secured child caring institution, 15 years after discharge from prison,
9parole or aftercare supervision.
SB182-SSA2,14,1110 4. If par. (a), (b) or (c) subd. 1., 1m., 2., 3. or 3m. does not apply, 15 years after
11the date of conviction or disposition.
SB182-SSA2, s. 44 12Section 44. 175.45 (6) of the statutes is renumbered 301.45 (6), and 301.45 (6)
13(a), as renumbered, is amended to read:
SB182-SSA2,14,2314 301.45 (6) (a) Whoever intentionally fails to comply with any requirement to
15provide information under subs. (2) to (4) may be fined not more than $10,000 or
16imprisoned for not more than 9 months or both. Subject to s. 971.19 (9), a district
17attorney or, upon the request of a district attorney, the department of justice may
18prosecute a violation of this subsection. If the department of justice corrections
19determines that there is probable cause to believe that a person has intentionally
20failed to comply with any requirement to provide information under subs. (2) to (4),
21the department shall forward a certified copy of all pertinent departmental
22information to the applicable district attorney. The department shall certify the copy
23in accordance with s. 889.08.
SB182-SSA2, s. 45 24Section 45. 175.45 (7) (title) of the statutes is renumbered 301.45 (7) (title) and
25amended to read:
SB182-SSA2,15,2
1301.45 (7) (title) Department of justice; information Information
2maintenance and expungement
.
SB182-SSA2, s. 46 3Section 46. 175.45 (7) (a) of the statutes is renumbered 301.45 (7) (a) and
4amended to read:
SB182-SSA2,15,75 301.45 (7) (a) The department of justice shall maintain information provided
6under sub. (2). The department shall keep the information confidential except as
7provided in s. 301.46 and except as needed for law enforcement purposes.
SB182-SSA2, s. 47 8Section 47. 175.45 (7) (b) of the statutes is renumbered 301.45 (7) (b).
SB182-SSA2, s. 48 9Section 48. 175.45 (7) (c) of the statutes is renumbered 301.45 (7) (c), and
10301.45 (7) (c) (intro.), as renumbered, is amended to read:
SB182-SSA2,15,1611 301.45 (7) (c) (intro.) A person who has provided about whom information is
12maintained in the registry
under sub. (2) may request expungement of all pertinent
13departmental information in the registry on the grounds that his or her conviction,
14delinquency adjudication, finding of need of protection or services or commitment
15has been reversed, set aside or vacated. The department shall purge all of that
16information if the department receives all of the following:
SB182-SSA2, s. 49 17Section 49. 175.45 (8) of the statutes is renumbered 301.45 (8) and amended
18to read:
SB182-SSA2,15,2019 301.45 (8) Rules. The department of justice shall promulgate rules necessary
20to carry out its duties under this section.
SB182-SSA2, s. 50 21Section 50. 175.45 (9) of the statutes, as affected by 1995 Wisconsin Act 27,
22is repealed.
SB182-SSA2, s. 51 23Section 51. 301.132 of the statutes is created to read:
SB182-SSA2,15,24 24301.132 Honesty testing of sex offenders. (1) In this section:
SB182-SSA2,15,2525 (a) "Lie detector" has the meaning given in s. 111.37 (1) (b).
SB182-SSA2,16,1
1(b) "Polygraph" has the meaning given in s. 111.37 (1) (c).
SB182-SSA2,16,42 (c) "Sex offender" means a person in the custody of the department who meets
3any of the criteria specified in s. 175.45 (1), regardless of whether he or she is required
4to register under s. 175.45 (3).
SB182-SSA2,16,7 5(2) The department may require, as a condition of probation or parole, that a
6probationer or parolee who is a sex offender submit to a lie detector test when
7directed to do so by the department.
SB182-SSA2,16,11 8(3) The department shall promulgate rules establishing a lie detector test
9program for probationers and parolees who are sex offenders. The rules shall provide
10for assessment of fees upon probationers and parolees to partially offset the costs of
11the program.
SB182-SSA2, s. 52 12Section 52. 301.132 (1) (c) of the statutes, as created by 1995 Wisconsin Act
13.... (this act), is amended to read:
SB182-SSA2,16,1614 301.132 (1) (c) "Sex offender" means a person in the custody of the department
15who meets any of the criteria specified in s. 175.45 (1), regardless of whether he or
16she is required to register under s. 175.45 (3)
301.45 (1).
SB182-SSA2, s. 53 17Section 53. 301.45 (1) (bm) of the statutes is created to read:
SB182-SSA2,16,2418 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s.
19938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
20on probation, parole, supervision or aftercare supervision on or after December 25,
211993, for a violation, or for the solicitation, conspiracy or attempt to commit a
22violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or
23(3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or
24948.11.
SB182-SSA2, s. 54 25Section 54. 301.45 (1) (dd) of the statutes is created to read:
SB182-SSA2,17,5
1301.45 (1) (dd) Is in institutional care or on conditional transfer under s. 51.35
2(1) or conditional release under s. 971.17 on or after December 25, 1993, for a
3violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law
4of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
5(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.11.
SB182-SSA2, s. 55 6Section 55. 301.45 (1) (dh) of the statutes is created to read:
SB182-SSA2,17,117 301.45 (1) (dh) Is on parole or probation in this state from another state under
8s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the
9solicitation, conspiracy or attempt to commit a violation, of the law of another state
10that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
11(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.11.
SB182-SSA2, s. 56 12Section 56. 301.45 (1) (dp) of the statutes is created to read:
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