Amendment SSA2-SB182

SB182-SSA2, s. 10 Section 10. 165.76 (1) (e) of the statutes is created to read:

SB182-SSA2,5,18 165.76 (1) (e) Is on parole or probation in this state from another state under s. 304.13 or 304.135 on or after the effective date of this paragraph .... [revisor inserts date], for a violation of the law of another state that the department of corrections determines, under s. 304.137, is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

SB182-SSA2, s. 11 Section 11. 165.76 (2) (b) 3. of the statutes is amended to read:

SB182-SSA2,5,23 165.76 (2) (b) 3. If the person has been committed to the department of health and social services under s. 51.20 or 971.17 or found to be a sexually violent person under ch. 980, he or she shall provide the specimen under par. (a) as directed by the department of health and social services.

SB182-SSA2, s. 12 Section 12. 165.76 (2) (b) 3m. of the statutes is created to read:

SB182-SSA2,6,4 165.76 (2) (b) 3m. If the person is on parole or probation in this state from another state under s. 304.13 or 304.135, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation and parole agent.

SB182-SSA2, s. 13 Section 13. 165.76 (2) (b) 4. of the statutes is created to read:

SB182-SSA2,6,8 165.76 (2) (b) 4. If subds. 1. to 3m. do not apply, the department of justice shall specify in its order the time and procedure for the person to provide the specimen under par. (a).

SB182-SSA2, s. 14 Section 14. 165.76 (2) (b) 6. of the statutes is created to read:

SB182-SSA2,6,14 165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub. (1) (e) and who is on parole or probation in this state from another state on the effective date of this subdivision .... [revisor inserts date], the department of justice and the department of corrections shall cooperate to have these persons provide specimens under par. (a) before July 1, 2000.

SB182-SSA2, s. 15 Section 15. 165.76 (3) of the statutes is amended to read:

SB182-SSA2,6,18 165.76 (3) If a person is required to submit a biological specimen under s. 48.34 (15), 51.20 (13) (cr), 971.17 (1m) or (a), 973.047 or 980.063, he or she shall comply with that requirement and is not required to comply with this section.

SB182-SSA2, s. 16 Section 16. 165.76 (3) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

SB182-SSA2,6,23 165.76 (3) If a person is required to submit a biological specimen under s. 51.20 (13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, he or she shall comply with that requirement and is not required to comply with this section.

SB182-SSA2, s. 17 Section 17. 165.765 (1) of the statutes is amended to read:

SB182-SSA2,7,3 165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB182-SSA2, s. 18 Section 18. 165.765 (1) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

SB182-SSA2,7,8 165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 165.76, 938.34 (15), 973.047 or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB182-SSA2, s. 19 Section 19. 165.765 (2) (a) of the statutes is amended to read:

SB182-SSA2,7,14 165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

SB182-SSA2, s. 20 Section 20. 165.765 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

SB182-SSA2,7,21 165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 165.76, 938.34 (15), 973.047 or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

SB182-SSA2, s. 21 Section 21. 165.77 (2) (b) of the statutes is amended to read:

SB182-SSA2,7,24 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 48.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m) or (a), 973.047 or 980.063.

SB182-SSA2, s. 22 Section 22. 165.77 (2) (b) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

SB182-SSA2,8,4 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063.

SB182-SSA2, s. 23 Section 23. 165.77 (3) of the statutes is amended to read:

SB182-SSA2,8,18 165.77 (3) If the laboratories receive a human biological specimen under s. 48.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m) or (a), 973.047 or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

SB182-SSA2, s. 24 Section 24. 165.77 (3) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

SB182-SSA2,9,8 165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

SB182-SSA2, s. 25 Section 25. 165.8285 of the statutes is created to read:

SB182-SSA2,9,14 165.8285 Transaction information for management of enforcement system; department of corrections records. (1) The department of justice shall, through the transaction information for management of enforcement system, provide local law enforcement agencies with access to the registry of sex offenders maintained by the department of corrections under s. 301.45.

SB182-SSA2,9,17 (2) The department of justice shall provide the department of corrections with access to the transaction information for management of enforcement system administrative message process.

SB182-SSA2,9,25 (3) Beginning on the effective date of this subsection .... [revisor inserts date], the department of justice and the department of corrections shall cooperate in using the transaction information for management of enforcement system, and in developing or using any other computerized or direct electronic data transfer system, in anticipation of the transfer of the sex offender registry from the department of justice to the department of corrections under 1995 Wisconsin Act .... (this act) and for the purpose of providing access to or disseminating information from the sex offender registry under s. 301.45.

SB182-SSA2, s. 26 Section 26. 175.45 (title) of the statutes is renumbered 301.45 (title).

SB182-SSA2, s. 27 Section 27. 175.45 (1) (intro.) of the statutes is renumbered 301.45 (1) (intro.).

SB182-SSA2, s. 28 Section 28. 175.45 (1) (a) of the statutes is renumbered 301.45 (1) (a) and amended to read:

SB182-SSA2,10,9 301.45 (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 or 948.11.

SB182-SSA2, s. 29 Section 29. 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-SSA2,10,17 301.45 (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, 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 or 948.11.

SB182-SSA2, s. 30 Section 30. 175.45 (1) (c) of the statutes is renumbered 301.45 (1) (c) and amended to read:

SB182-SSA2,10,24 301.45 (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 or 948.11.

SB182-SSA2, s. 31 Section 31. 175.45 (1) (d) of the statutes is renumbered 301.45 (1) (d) and amended to read:

SB182-SSA2,11,7 301.45 (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 or 948.11.

SB182-SSA2, s. 32 Section 32. 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-SSA2,11,12 301.45 (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-SSA2, s. 33 Section 33. 175.45 (2) (title) of the statutes is renumbered 301.45 (2) (title) and amended to read:

SB182-SSA2,11,15 301.45 (2) (title) What information must be provided, by whom and when.

SB182-SSA2, s. 34 Section 34. 175.45 (2) of the statutes is renumbered 301.45 (2) (c) and amended to read:

SB182-SSA2,11,22 301.45 (2) (c) A If the department of health and family services has supervision over a person subject to sub. (1), that department, with the assistance of the person, 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 corrections in accordance with the rules under sub. (8).

SB182-SSA2, s. 35 Section 35. 175.45 (3) (title) of the statutes is renumbered 301.45 (3) (title).

SB182-SSA2, s. 36 Section 36. 175.45 (3) (a) (intro.) of the statutes is renumbered 301.45 (3) (a) (intro.).

SB182-SSA2, s. 37 Section 37. 175.45 (3) (a) 1. of the statutes is renumbered 301.45 (3) (a) 1. and amended to read:

SB182-SSA2,12,5 301.45 (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-SSA2, s. 38 Section 38. 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-SSA2,12,11 301.45 (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-SSA2, s. 39 Section 39. 175.45 (3) (a) 3. of the statutes is renumbered 301.45 (3) (a) 3. and amended to read:

SB182-SSA2,12,18 301.45 (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-SSA2, s. 40 Section 40. 175.45 (3) (a) 4. of the statutes is renumbered 301.45 (3) (a) 4. and amended to read:

SB182-SSA2,12,22 301.45 (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-SSA2, s. 41 Section 41. 175.45 (3) (b) of the statutes is renumbered 301.45 (3) (b) 1. and amended to read:

SB182-SSA2,13,5 301.45 (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-SSA2,13,14 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-SSA2,13,18 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-SSA2, s. 42 Section 42. 175.45 (4) of the statutes is renumbered 301.45 (4) and amended to read:

SB182-SSA2,13,24 301.45 (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-SSA2, s. 43 Section 43. 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-SSA2,14,6 301.45 (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-SSA2,14,9 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-SSA2,14,11 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-SSA2, s. 44 Section 44. 175.45 (6) of the statutes is renumbered 301.45 (6), and 301.45 (6) (a), as renumbered, is amended to read:

SB182-SSA2,14,23 301.45 (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-SSA2, s. 45 Section 45. 175.45 (7) (title) of the statutes is renumbered 301.45 (7) (title) and amended to read:

SB182-SSA2,15,2 301.45 (7) (title) Department of justice; information Information maintenance and expungement.

SB182-SSA2, s. 46 Section 46. 175.45 (7) (a) of the statutes is renumbered 301.45 (7) (a) and amended to read:

SB182-SSA2,15,7 301.45 (7) (a) The department of justice shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in s. 301.46 and except as needed for law enforcement purposes.

SB182-SSA2, s. 47 Section 47. 175.45 (7) (b) of the statutes is renumbered 301.45 (7) (b).

SB182-SSA2, s. 48 Section 48. 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-SSA2,15,16 301.45 (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-SSA2, s. 49 Section 49. 175.45 (8) of the statutes is renumbered 301.45 (8) and amended to read:

SB182-SSA2,15,20 301.45 (8) Rules. The department of justice shall promulgate rules necessary to carry out its duties under this section.

SB182-SSA2, s. 50 Section 50. 175.45 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

SB182-SSA2, s. 51 Section 51. 301.132 of the statutes is created to read:

SB182-SSA2,15,24 301.132 Honesty testing of sex offenders. (1) In this section:

SB182-SSA2,15,25 (a) "Lie detector" has the meaning given in s. 111.37 (1) (b).

SB182-SSA2,16,1 (b) "Polygraph" has the meaning given in s. 111.37 (1) (c).

SB182-SSA2,16,4 (c) "Sex offender" means a person in the custody of the department who meets any of the criteria specified in s. 175.45 (1), regardless of whether he or she is required to register under s. 175.45 (3).

SB182-SSA2,16,7 (2) The department may require, as a condition of probation or parole, that a probationer or parolee who is a sex offender submit to a lie detector test when directed to do so by the department.

SB182-SSA2,16,11 (3) The department shall promulgate rules establishing a lie detector test program for probationers and parolees who are sex offenders. The rules shall provide for assessment of fees upon probationers and parolees to partially offset the costs of the program.