JEO:skg:jlb
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
To 1995 SENATE BILL 182
March 26, 1996 - Offered by Joint committee on Finance.
SB182-SSA2,2,13 1An Act to repeal 175.45 (9); to renumber 175.45 (title), 175.45 (1) (intro.),
2175.45 (3) (title), 175.45 (3) (a) (intro.), 175.45 (7) (b), 980.11 (2) (a), 980.11 (2)
3(b) and 980.11 (2) (c); to renumber and amend 175.45 (1) (a), 175.45 (1) (b),
4175.45 (1) (c), 175.45 (1) (d), 175.45 (1) (e), 175.45 (2) (title), 175.45 (2), 175.45
5(3) (a) 1., 175.45 (3) (a) 2., 175.45 (3) (a) 3., 175.45 (3) (a) 4., 175.45 (3) (b), 175.45
6(4), 175.45 (5), 175.45 (6), 175.45 (7) (title), 175.45 (7) (a), 175.45 (7) (c), 175.45
7(8), 971.17 (1m), 971.17 (4m) (b) and 971.17 (6m) (b); to amend 51.20 (13) (cr),
851.375 (1) (a) and (d), 165.76 (2) (b) 3., 165.76 (3), 165.765 (1), 165.765 (2) (a),
9165.77 (2) (b), 165.77 (3), 301.132 (1) (c), 938.185 (3), 938.34 (15) (title), 938.34
10(15) (a) 1., 938.34 (15) (a) 2., 942.06 (1), 942.06 (2), 950.045, 971.17 (4m) (title),
11971.17 (4m) (c), 971.17 (4m) (d), 971.17 (6m) (title), 971.17 (6m) (c), 971.17 (6m)
12(d), 971.19 (9), 973.047 (title), 973.047 (1) (a), 973.047 (1) (b), 980.11 (title),
13980.11 (2) (intro.), 980.11 (3) and 980.11 (4); to repeal and recreate 165.76 (3),
14165.765 (1), 165.765 (2) (a), 165.77 (2) (b), 165.77 (3) and 950.045; and to create
1520.410 (1) (gc), 48.396 (2) (f), 51.20 (13) (ct), 51.30 (3) (d), 51.30 (4) (b) 24., 51.375,
16165.76 (1) (d), 165.76 (1) (e), 165.76 (2) (b) 3m., 165.76 (2) (b) 4., 165.76 (2) (b)

16., 165.8285, 301.132, 301.45 (1) (bm), 301.45 (1) (dd), 301.45 (1) (dh), 301.45 (1)
2(dp), 301.45 (1) (dt), 301.45 (2) (a), 301.45 (2) (b), 301.45 (2) (d), 301.45 (2) (e),
3301.45 (3) (a) 1m., 301.45 (3) (a) 2m., 301.45 (3) (a) 3g., 301.45 (3) (a) 3r., 301.45
4(3) (b) 1m., 301.45 (3) (b) 3., 301.45 (3) (b) 3m., 301.45 (4m), 301.45 (5) (a) 1m.,
5301.45 (5) (a) 3m., 301.45 (5) (b), 301.45 (6) (c), 301.45 (9), 301.46, 304.137,
6938.34 (15m), 938.396 (2) (em), 939.646, 942.06 (2m) and (2q), 971.17 (1m) (b),
7971.17 (4m) (b) 2., 971.17 (6m) (b) 2., 973.048, 980.063 and 980.11 (2) (bm) of the
8statutes; relating to: sex offender registration requirements, the release to
9certain persons of information concerning sex offenders required to register,
10requiring persons who are found to be sexually violent persons to provide
11biological specimens for deoxyribonucleic acid analysis, administering lie
12detector tests to sex offenders, granting rule-making authority, making an
13appropriation and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB182-SSA2, s. 1 14Section 1. 20.410 (1) (gc) of the statutes is created to read:
SB182-SSA2,2,1815 20.410 (1) (gc) Sex offender honesty testing. All moneys received from probation
16and parole clients who are required to pay for polygraph examinations, as prescribed
17by rule in accordance with s. 301.132 (3), for expenditures related to the lie detector
18test program for probationers and parolees under s. 301.132.
SB182-SSA2, s. 2 19Section 2. 48.396 (2) (f) of the statutes is created to read:
SB182-SSA2,3,320 48.396 (2) (f) Upon request of the department of corrections to review court
21records for the purpose of obtaining information concerning a child required to
22register under s. 301.45, the court shall open for inspection by authorized
23representatives of the department of corrections the records of the court relating to

1any child who has been found in need of protection or services for an offense specified
2in s. 301.45 (1) (a). The department of corrections may disclose information that it
3obtains under this paragraph as provided under s. 301.46.
SB182-SSA2, s. 3 4Section 3. 51.20 (13) (cr) of the statutes, as affected by 1995 Wisconsin Act 77,
5is amended to read:
SB182-SSA2,3,116 51.20 (13) (cr) If the subject individual is before the court on a petition filed
7under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
8violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require
9the individual to provide a biological specimen to the state crime laboratories for
10deoxyribonucleic acid analysis and to comply with the reporting and testing
11requirements of s. 175.45
.
SB182-SSA2, s. 4 12Section 4. 51.20 (13) (ct) of the statutes is created to read:
SB182-SSA2,3,1813 51.20 (13) (ct) 1. If the subject individual is before the court on a petition filed
14under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
15violation, or to have solicited, conspired or attempted to commit a violation, of s.
16940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
17948.07, 948.08 or 948.11, the court shall require the individual to comply with the
18reporting requirements under s. 301.45.
SB182-SSA2,4,219 2. Except as provided in subd. 1., if the subject individual is before the court
20on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have
21committed any violation, or to have solicited, conspired or attempted to commit any
22violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the
23subject individual to comply with the reporting requirements under s. 301.45 if the
24court determines that the underlying conduct was sexually motivated, as defined in

1s. 980.01 (5), and that it would be in the interest of public protection to have the
2subject individual report under s. 301.45.
SB182-SSA2, s. 5 3Section 5. 51.30 (3) (d) of the statutes is created to read:
SB182-SSA2,4,74 51.30 (3) (d) The department of corrections shall have access to the files and
5records of court proceedings under this chapter concerning an individual required to
6register under s. 301.45. The department of corrections may disclose information
7that it obtains under this paragraph as provided under s. 301.46.
SB182-SSA2, s. 6 8Section 6. 51.30 (4) (b) 24. of the statutes is created to read:
SB182-SSA2,4,129 51.30 (4) (b) 24. To the department of corrections for the purpose of obtaining
10information concerning a person required to register under s. 301.45. The
11department of corrections may disclose information that it receives under this
12subdivision as provided under s. 301.46.
SB182-SSA2, s. 7 13Section 7. 51.375 of the statutes is created to read:
SB182-SSA2,4,14 1451.375 Honesty testing of sex offenders. (1) In this section:
SB182-SSA2,4,1615 (a) "Community placement" means conditional transfer into the community
16under s. 51.35 (1) or conditional release under s. 971.17.
SB182-SSA2,4,1717 (b) "Lie detector" has the meaning given in s. 111.37 (1) (b).
SB182-SSA2,4,1818 (c) "Polygraph" has the meaning given in s. 111.37 (1) (c).
SB182-SSA2,4,2119 (d) "Sex offender" means a person committed to the department who meets any
20of the criteria specified in s. 175.45 (1), regardless of whether he or she is required
21to register under s. 175.45 (3).
SB182-SSA2,4,23 22(2) The department may require, as a condition of a community placement, that
23a sex offender submit to a lie detector test when directed to do so by the department.
SB182-SSA2,4,25 24(3) The department shall promulgate rules establishing a lie detector test
25program for sex offenders who are in a community placement.
SB182-SSA2, s. 8
1Section 8. 51.375 (1) (a) and (d) of the statutes, as created by 1995 Wisconsin
2Act .... (this act), are amended to read:
SB182-SSA2,5,63 51.375 (1) (a) "Community placement" means conditional transfer into the
4community under s. 51.35 (1) or, conditional release under s. 971.17, parole from a
5commitment for specialized treatment under ch. 975 or conditional release under ch.
6980
.
SB182-SSA2,5,97 (d) "Sex offender" means a person committed to the department who meets any
8of the criteria specified in s. 175.45 (1), regardless of whether he or she is required
9to register under s. 175.45 (3)
301.45 (1).
SB182-SSA2, s. 9 10Section 9. 165.76 (1) (d) of the statutes is created to read:
SB182-SSA2,5,1211 165.76 (1) (d) Is found to be a sexually violent person under ch. 980 on or after
12June 2, 1994.
SB182-SSA2, s. 10 13Section 10. 165.76 (1) (e) of the statutes is created to read:
SB182-SSA2,5,1814 165.76 (1) (e) Is on parole or probation in this state from another state under
15s. 304.13 or 304.135 on or after the effective date of this paragraph .... [revisor inserts
16date], for a violation of the law of another state that the department of corrections
17determines, under s. 304.137, is comparable to a violation of s. 940.225 (1) or (2),
18948.02 (1) or (2) or 948.025.
SB182-SSA2, s. 11 19Section 11. 165.76 (2) (b) 3. of the statutes is amended to read:
SB182-SSA2,5,2320 165.76 (2) (b) 3. If the person has been committed to the department of health
21and social services under s. 51.20 or 971.17 or found to be a sexually violent person
22under ch. 980
, he or she shall provide the specimen under par. (a) as directed by the
23department of health and social services.
SB182-SSA2, s. 12 24Section 12. 165.76 (2) (b) 3m. of the statutes is created to read:
SB182-SSA2,6,4
1165.76 (2) (b) 3m. If the person is on parole or probation in this state from
2another state under s. 304.13 or 304.135, he or she shall provide the specimen under
3par. (a) at the office of a county sheriff as soon as practicable after entering this state,
4as directed by his or her probation and parole agent.
SB182-SSA2, s. 13 5Section 13. 165.76 (2) (b) 4. of the statutes is created to read:
SB182-SSA2,6,86 165.76 (2) (b) 4. If subds. 1. to 3m. do not apply, the department of justice shall
7specify in its order the time and procedure for the person to provide the specimen
8under par. (a).
SB182-SSA2, s. 14 9Section 14. 165.76 (2) (b) 6. of the statutes is created to read:
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).
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