LRBa0557/1
JEO:kmg:jf
1997 - 1998 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 186
May 20, 1997 - Offered by Senators
Adelman, Darling, Jauch, George and Panzer.
AB186-SSA1-SA1,2,47
51.20
(13) (ct) 2m. If the subject individual is before the court on a petition filed
8under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
9violation, or to have solicited, conspired or attempted to commit a violation, of s.
10940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
11948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor
12and the subject individual was not the victim's parent, the court shall require the
1individual to comply with the reporting requirements under s. 301.45
unless the
2court determines, after a hearing on a motion made by the individual, that the
3individual is not required to comply under s. 301.45 (1m), in which case subd. 3.
4applies.
AB186-SSA1-SA1,2,147
51.20
(13) (ct) 1m. Except as provided in
subd. 1. subds. 2m. and 3., if the
8subject individual is before the court on a petition filed under a court order under s.
9938.30 (5) (c) 1. and is found to have committed any violation, or to have solicited,
10conspired or attempted to commit any violation, of ch. 940, 944 or 948 or ss. 943.01
11to 943.15, the court may require the subject individual to comply with the reporting
12requirements under s. 301.45 if the court determines that the underlying conduct
13was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest
14of public protection to have the subject individual report under s. 301.45.
AB186-SSA1-SA1,2,2016
51.20
(13) (ct) 3. If the court determines under subd. 2m. that the subject
17individual is not required to comply with the reporting requirements under s. 301.45,
18the court may order the subject individual to comply with the reporting requirements
19if the court determines that it would be in the interest of public protection to have
20the subject individual report under s. 301.45.
AB186-SSA1-SA1,2,2523
301.45
(1) Who is covered. (intro.)
A Except as provided in sub. (1m), a person
24shall comply with the reporting requirements under this section if he or she meets
25any of the following criteria:
AB186-SSA1-SA1,3,53
301.45
(1) (e) Is ordered by a court under
sub. (1m) (d) or s. 51.20 (13) (ct)
1m.
4or 3., 938.34 (15m)
(am) or (c), 971.17 (1m) (b)
2. 1m. or 3. or 973.048
(1m) or (3) to
5comply with the reporting requirements under this section.
AB186-SSA1-SA1,3,77
301.45
(1m) Exception to registration requirement.
AB186-SSA1-SA1,3,98
(b) A person is not required to comply with the reporting requirements under
9this section if a court determines that all of the following apply:
AB186-SSA1-SA1,3,1310
1. The person meets the criteria under sub. (1) (a) to (dt) based on any violation,
11or on the solicitation, conspiracy or attempt to commit any violation, of s. 948.02 (1)
12or (2) or 948.025 or of a law of another state that is comparable to s. 948.02 (1) or (2)
13or 948.025.
AB186-SSA1-SA1,3,1714
2. At the time of the violation, or of the solicitation, conspiracy or attempt to
15commit the violation, of s. 948.02 (1) or (2) or 948.025 or of a law of another state that
16is comparable to s. 948.02 (1) or (2) or 948.025, the person was not more than 4 years
17older or not more than 4 years younger than the child.
AB186-SSA1-SA1,4,218
(c) If a person believes that he or she is not required under par. (b) to comply
19with the reporting requirements under this section and the person is not before the
20court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048, the person
21may move a court to make a determination of whether par. (b) applies to the person.
22A motion made under this paragraph shall be filed with the circuit court for the
23county in which the person was convicted, adjudicated delinquent, found in need of
24protection or services or found not guilty or not responsible by reason of mental
25disease or defect, except that if the person meets the criteria of sub. (1) (dh) the person
1shall file the motion in the circuit court for the county in which he or she resides. A
2court shall hold a hearing on a motion made by a person under this paragraph.
AB186-SSA1-SA1,4,73
(d) Notwithstanding par. (b), if a court determines after a hearing under par.
4(c) that the person is not required to comply with the reporting requirements under
5this section, the court may order the person to comply with the reporting
6requirements if the court determines that it would be in the interest of public
7protection to have the person report under this section.
AB186-SSA1-SA1,4,1210
301.45
(7) (c) (intro.) A person about whom information is maintained in the
11registry under sub. (2) may request expungement of all pertinent information in the
12registry
on if any of the
grounds that his or her following applies:
AB186-SSA1-SA1,4,14
131m. The person's conviction, delinquency adjudication, finding of need of
14protection or services or commitment has been reversed, set aside or vacated.
AB186-SSA1-SA1,4,17
15(d) The department shall purge all of
that the information
maintained in the
16registry under sub. (2) concerning a person to whom par. (c) applies if the department
17receives all of the following:
AB186-SSA1-SA1,4,2421
301.45
(7) (d) 2. A certified copy of the court order reversing, setting aside or
22vacating the conviction, delinquency adjudication, finding of need of protection or
23services or commitment
or a certified copy of the court's determination under sub.
24(1m) (c).
AB186-SSA1-SA1,5,4
1301.45
(7) (c) 2m. A court has determined under sub. (1m) (c) that the person
2is not required to comply with the reporting requirements under this section and the
3court has not ordered the person to comply with the reporting requirements under
4sub. (1m) (d).
AB186-SSA1-SA1,5,129
301.46
(2m) (at) Paragraphs (a) and (am) do not apply to a person to whom s.
10301.45 (1m) applies unless the person is required to comply with the reporting
11requirements under s. 301.45 by a court acting under s. 51.20 (13) (ct) 3., 301.45 (1m)
12(d), 938.34 (15m) (c), 971.17 (1m) (b) 3. or 973.048 (3).".
AB186-SSA1-SA1,5,2316
938.34
(15m) (bm) If the
child juvenile is adjudicated delinquent on the basis
17of a violation, or the solicitation, conspiracy or attempt to commit a violation, of s.
18940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
19948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor
20and the
child juvenile was not the victim's parent, the court shall require the
person 21juvenile to comply with the reporting requirements under s. 301.45
unless the court
22determines, after a hearing on a motion made by the juvenile, that the juvenile is not
23required to comply under s. 301.45 (1m), in which case par. (c) applies.
AB186-SSA1-SA1,6,93
938.34
(15m) (am) Except as provided in
par. (a) pars. (bm) and (c), if the
child 4juvenile is adjudicated delinquent on the basis of any violation, or the solicitation,
5conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01
6to 943.15, the court may require the
child juvenile to comply with the reporting
7requirements under s. 301.45 if the court determines that the underlying conduct
8was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest
9of public protection to have the
child juvenile report under s. 301.45.
AB186-SSA1-SA1,6,1511
938.34
(15m) (c) If the court determines under par. (bm) that the juvenile is not
12required to comply with the reporting requirements under s. 301.45, the court may
13order the juvenile to comply with the reporting requirements if the court determines
14that it would be in the interest of public protection to have the juvenile report under
15s. 301.45.
AB186-SSA1-SA1,7,218
971.17
(1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason
19of mental disease or defect for a violation, or for the solicitation, conspiracy or
20attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
21(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
22940.30 or 940.31 if the victim was a minor and the defendant was not the victim's
23parent, the court shall require the defendant to comply with the reporting
24requirements under s. 301.45
unless the court determines, after a hearing on a
1motion made by the defendant, that the defendant is not required to comply under
2s. 301.45 (1m), in which case subd. 3. applies.
AB186-SSA1-SA1,7,125
971.17
(1m) (b) 1m. Except as provided in
subd. 1. subds. 2m. and 3., if the
6defendant under sub. (1) is found not guilty by reason of mental disease or defect for
7any violation, or for the solicitation, conspiracy or attempt to commit any violation,
8of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the defendant to
9comply with the reporting requirements under s. 301.45 if the court determines that
10the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that
11it would be in the interest of public protection to have the defendant report under s.
12301.45.
AB186-SSA1-SA1,7,1814
971.17
(1m) (b) 3. If the court determines under subd. 2m. that the defendant
15is not required to comply with the reporting requirements under s. 301.45, the court
16may order the defendant to comply with the reporting requirements if the court
17determines that it would be in the interest of public protection to have the defendant
18report under s. 301.45.
