Amendment ASA1-AB431

AB431-ASA1,12,2 1. The ages, at the time of the violation, of the person who filed the petition and the victim of the crime that is the subject of the petition.

AB431-ASA1,12,4 2. The relationship between the person who filed the petition and the victim of the crime that is the subject of the petition.

AB431-ASA1,12,6 3. Whether the crime that is the subject of the petition resulted in bodily harm to the victim.

AB431-ASA1,12,10 4. Whether the victim of the crime that is the subject of the petition suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.

AB431-ASA1,12,12 5. The probability that the person who filed the petition will commit other serious child sex offenses in the future.

AB431-ASA1,12,13 6. The report of the examination conducted under par. (e).

AB431-ASA1,12,15 7. Any other factor that the court determines may be relevant to the particular case.

AB431-ASA1, s. 16 Section 16. 971.17 (1m) (b) 1. of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 971.17 (1m) (b) 2m. and amended to read:

AB431-ASA1,13,2 971.17 (1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect 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, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the defendant was not the victim's parent, the court shall require the defendant to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the defendant, that the defendant is not required to comply under s. 301.45 (1m).

AB431-ASA1, s. 17 Section 17. 971.17 (1m) (b) 2. of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 971.17 (1m) (b) 1m. and amended to read:

AB431-ASA1,13,11 971.17 (1m) (b) 1m. Except as provided in subd. 1. 2m., if the defendant under sub. (1) is found not guilty by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the defendant 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 defendant report under s. 301.45.

AB431-ASA1, s. 18 Section 18. 971.17 (1m) (b) 3. of the statutes is created to read:

AB431-ASA1,13,15 971.17 (1m) (b) 3. In determining under subd. 1m. whether it would be in the interest of public protection to have the defendant report under s. 301.45, the court may consider any of the following:

AB431-ASA1,13,17 a. The ages, at the time of the violation, of the defendant and the victim of the violation.

AB431-ASA1,13,18 b. The relationship between the defendant and the victim of the violation.

AB431-ASA1,13,20 c. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

AB431-ASA1,13,23 d. Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.

AB431-ASA1,13,24 e. The probability that the defendant will commit other violations in the future.

AB431-ASA1,13,25 f. The report of the examination conducted under s. 301.45 (1m) (d).

AB431-ASA1,14,2 g. Any other factor that the court determines may be relevant to the particular case.

AB431-ASA1, s. 19 Section 19. 973.048 (1) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 973.048 (2m) and amended to read:

AB431-ASA1,14,12 973.048 (2m) 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, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent, the court shall require the person to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the person, that the person is not required to comply under s. 301.45 (1m).

AB431-ASA1, s. 20 Section 20. 973.048 (2) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 973.048 (1m) and amended to read:

AB431-ASA1,14,21 973.048 (1m) Except as provided in sub. (1) (2m), 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.

AB431-ASA1, s. 21 Section 21. 973.048 (3) of the statutes is created to read:

AB431-ASA1,14,25 973.048 (3) In determining under sub. (1m) whether it would be in the interest of public protection to have the person report under s. 301.45, the court may consider any of the following:

AB431-ASA1,15,2 (a) The ages, at the time of the violation, of the person and the victim of the violation.

AB431-ASA1,15,3 (b) The relationship between the person and the victim of the violation.

AB431-ASA1,15,5 (c) Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

AB431-ASA1,15,8 (d) Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.

AB431-ASA1,15,9 (e) The probability that the person will commit other violations in the future.

AB431-ASA1,15,10 (f) The report of the examination conducted under s. 301.45 (1m) (d).

AB431-ASA1,15,12 (g) Any other factor that the court determines may be relevant to the particular case.

AB431-ASA1,15,13 (End)