AB431-ASA1,2,711 51.20 (13) (ct) 2m. If the subject individual is before the court on a petition filed
12under a court order under s. 938.30 (5) (c) 1. and is found to have committed a

1violation, or to have solicited, conspired or attempted to commit a violation, of s.
2940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
3948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor
4and the subject individual was not the victim's parent, the court shall require the
5individual to comply with the reporting requirements under s. 301.45 unless the
6court determines, after a hearing on a motion made by the individual, that the
7individual is not required to comply under s. 301.45 (1m)
.
AB431-ASA1, s. 2 8Section 2. 51.20 (13) (ct) 2. of the statutes, as created by 1995 Wisconsin Act
9440
, is renumbered 51.20 (13) (ct) 1m. and amended to read:
AB431-ASA1,2,1710 51.20 (13) (ct) 1m. Except as provided in subd. 1. 2m., if the subject individual
11is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and
12is found to have committed any violation, or to have solicited, conspired or attempted
13to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may
14require the subject individual to comply with the reporting requirements under s.
15301.45 if the court determines that the underlying conduct was sexually motivated,
16as defined in s. 980.01 (5), and that it would be in the interest of public protection to
17have the subject individual report under s. 301.45.
AB431-ASA1, s. 3 18Section 3. 51.20 (13) (ct) 3. of the statutes is created to read:
AB431-ASA1,2,2119 51.20 (13) (ct) 3. In determining under subd. 1m. whether it would be in the
20interest of public protection to have the subject individual report under s. 301.45, the
21court may consider any of the following:
AB431-ASA1,2,2322 a. The ages, at the time of the violation, of the subject individual and the victim
23of the violation.
AB431-ASA1,2,2524 b. The relationship between the subject individual and the victim of the
25violation.
AB431-ASA1,3,2
1c. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to
2the victim.
AB431-ASA1,3,53 d. Whether the victim suffered from a mental illness or mental deficiency that
4rendered him or her temporarily or permanently incapable of understanding or
5evaluating the consequences of his or her actions.
AB431-ASA1,3,76 e. The probability that the subject individual will commit other violations in
7the future.
AB431-ASA1,3,88 f. The report of the examination conducted under s. 301.45 (1m) (d).
AB431-ASA1,3,109 g. Any other factor that the court determines may be relevant to the particular
10case.
AB431-ASA1, s. 4 11Section 4. 301.45 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act
12440
, is amended to read:
AB431-ASA1,3,1513 301.45 (1) Who is covered. (intro.) A Except as provided in sub. (1m), a person
14shall comply with the reporting requirements under this section if he or she meets
15any of the following criteria:
AB431-ASA1, s. 5 16Section 5. 301.45 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 440,
17is amended to read:
AB431-ASA1,3,2018 301.45 (1) (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m)
19(am), 971.17 (1m) (b) 2. 1m. or 973.048 (1m) to comply with the reporting
20requirements under this section.
AB431-ASA1, s. 6 21Section 6. 301.45 (1m) of the statutes is created to read:
AB431-ASA1,3,2422 301.45 (1m) Exception to registration requirement. (a) A person is not
23required to comply with the reporting requirements under this section if all of the
24following apply:
AB431-ASA1,4,4
11. The person meets the criteria under sub. (1) (a) to (dh) based on any violation,
2or on the solicitation, conspiracy or attempt to commit any violation, of s. 948.02 (1)
3or (2) or 948.025 or of a law of another state that is comparable to s. 948.02 (1) or (2)
4or 948.025.
AB431-ASA1,4,95 2. At the time of the violation, or of the solicitation, conspiracy or attempt to
6commit the violation, of s. 948.02 (1) or (2) or 948.025 or of a law of another state that
7is comparable to s. 948.02 (1) or (2) or 948.025, the person had not attained the age
8of 19 years and was not more than 4 years older or not more than 4 years younger
9than the child.
AB431-ASA1,4,1110 3. It is not necessary, in the interest of public protection, to require the person
11to comply with the reporting requirements under this section.
AB431-ASA1,4,2112 (b) If a person believes that he or she is not required under par. (a) to comply
13with the reporting requirements under this section and the person is not before the
14court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048, the person
15may move a court to make a determination of whether the person satisfies the
16criteria specified in par. (a). A motion made under this paragraph shall be filed with
17the circuit court for the county in which the person was convicted, adjudicated
18delinquent, found in need of protection or services or found not guilty or not
19responsible by reason of mental disease or defect, except that if the person meets the
20criteria of sub. (1) (dh) the person shall file the motion in the circuit court for the
21county in which he or she resides.
AB431-ASA1,5,222 (be) A person who files a motion under par. (b) shall send a copy of the motion
23to the district attorney for the county in which the motion is filed. The district
24attorney shall make a reasonable attempt to contact the victim of the crime that is

1the subject of the person's motion to inform the victim of his or her right to make or
2provide a statement under par. (bv).
AB431-ASA1,5,53 (bm) A court shall hold a hearing on a motion made by a person under par. (b).
4The district attorney who receives a copy of a motion under par. (be) may appear at
5the hearing.
AB431-ASA1,5,106 (bv) Before deciding a motion filed under par. (b), the court shall allow the
7victim of the crime that is the subject of the motion to make a statement in court at
8the hearing under par. (bm) or to submit a written statement to the court. A
9statement under this paragraph must be relevant to the determinations that a court
10must make under par. (b).
AB431-ASA1,5,1711 (d) 1. Before deciding a motion filed by a person under par. (b) or s. 51.20 (13)
12(ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m) requesting a
13determination of whether the person is required to comply with the reporting
14requirements under this section, a court may request the person to be examined by
15a physician, psychologist or other expert approved by the court. If the person refuses
16to undergo an examination requested by the court under this subdivision, the court
17shall deny the person's motion without prejudice.
AB431-ASA1,5,2518 2. If a person is examined by a physician, psychologist or other expert under
19subd. 1., the physician, psychologist or other expert shall file a report of his or her
20examination with the court, and the court shall provide copies of the report to the
21person and, if he or she requests a copy, to the district attorney. The contents of the
22report shall be confidential until the physician, psychologist or other expert has
23testified at the hearing held under par. (bm). The report shall contain an opinion
24regarding whether it would be in the interest of public protection to have the person
25register under this section and the basis for that opinion.
AB431-ASA1,6,9
13. A person who is examined by a physician, psychologist or other expert under
2subd. 1. is responsible for paying the cost of the services provided by the physician,
3psychologist or other expert, except that if the person is indigent the cost of the
4services provided by the physician, psychologist or other expert shall be paid by the
5county. If the person claims or appears to be indigent, the court shall refer the person
6to the authority for indigency determinations under s. 977.07 (1), except that the
7person shall be considered indigent without another determination under s. 977.07
8(1) if the person is represented by the state public defender or by a private attorney
9appointed under s. 977.08.
AB431-ASA1,6,1310 (e) At the hearing held under par. (bm), the person who filed the motion under
11par. (b) has the burden of proving by clear and convincing evidence that he or she
12satisfies the criteria specified in par. (a). In deciding whether the person has satisfied
13the criterion specified in par. (a) 3., the court may consider any of the following:
AB431-ASA1,6,1514 1. The ages, at the time of the violation, of the person and of the child with whom
15the person had sexual contact or sexual intercourse.
AB431-ASA1,6,1716 2. The relationship between the person and the child with whom the person had
17sexual contact or sexual intercourse.
AB431-ASA1,6,1918 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to
19the child with whom the person had sexual contact or sexual intercourse.
AB431-ASA1,6,2320 4. Whether the child with whom the person had sexual contact or sexual
21intercourse suffered from a mental illness or mental deficiency that rendered the
22child temporarily or permanently incapable of understanding or evaluating the
23consequences of his or her actions.
AB431-ASA1,6,2424 5. The probability that the person will commit other violations in the future.
AB431-ASA1,6,2525 6. The report of the examination conducted under par. (d).
AB431-ASA1,7,2
17. Any other factor that the court determines may be relevant to the particular
2case.
AB431-ASA1, s. 7 3Section 7. 301.45 (7) (c) (intro.) of the statutes, as affected by 1995 Wisconsin
4Act 440
, is amended to read:
AB431-ASA1,7,75 301.45 (7) (c) (intro.) A person about whom information is maintained in the
6registry under sub. (2) may request expungement of all pertinent information in the
7registry on if any of the grounds that his or her following applies:
AB431-ASA1,7,9 81m. The person's conviction, delinquency adjudication, finding of need of
9protection or services or commitment has been reversed, set aside or vacated.
AB431-ASA1,7,12 10(d) The department shall purge all of that the information maintained in the
11registry under sub. (2) concerning a person to whom par. (c) applies
if the department
12receives all of the following:
AB431-ASA1, s. 8 13Section 8. 301.45 (7) (c) 1. and 2. of the statutes, as affected by 1995 Wisconsin
14Act 440
, are renumbered 301.45 (7) (d) 1. and 2., and 301.45 (7) (d) 2., as renumbered,
15is amended to read:
AB431-ASA1,7,1916 301.45 (7) (d) 2. A certified copy of the court order reversing, setting aside or
17vacating the conviction, delinquency adjudication, finding of need of protection or
18services or commitment or a certified copy of the court's determination under sub.
19(1m) (b)
.
AB431-ASA1, s. 9 20Section 9. 301.45 (7) (c) 2m. of the statutes is created to read:
AB431-ASA1,7,2221 301.45 (7) (c) 2m. A court has determined under sub. (1m) (b) that the person
22is not required to comply with the reporting requirements under this section.
AB431-ASA1, s. 10 23Section 10. 301.46 (2m) (at) of the statutes is created to read:
AB431-ASA1,8,3
1301.46 (2m) (at) Paragraphs (a) and (am) do not apply to a person if a court has
2determined under s. 301.45 (1m) (b) that the person is not required to comply with
3the reporting requirements under s. 301.45.
AB431-ASA1, s. 11 4Section 11. 938.34 (15m) (a) of the statutes, as created by 1995 Wisconsin Act
5440
, is renumbered 938.34 (15m) (bm) and amended to read:
AB431-ASA1,8,136 938.34 (15m) (bm) If the child juvenile is adjudicated delinquent on the basis
7of a violation, or the solicitation, conspiracy or attempt to commit a violation, of s.
8940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
9948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor
10and the child juvenile was not the victim's parent, the court shall require the person
11juvenile to comply with the reporting requirements under s. 301.45 unless the court
12determines, after a hearing on a motion made by the juvenile, that the juvenile is not
13required to comply under s. 301.45 (1m)
.
AB431-ASA1, s. 12 14Section 12. 938.34 (15m) (b) of the statutes, as created by 1995 Wisconsin Act
15440
, is renumbered 938.34 (15m) (am) and amended to read:
AB431-ASA1,8,2216 938.34 (15m) (am) Except as provided in par. (a) (bm), if the child juvenile is
17adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy
18or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15,
19the court may require the child juvenile to comply with the reporting requirements
20under s. 301.45 if the court determines that the underlying conduct was sexually
21motivated, as defined in s. 980.01 (5), and that it would be in the interest of public
22protection to have the child juvenile report under s. 301.45.
AB431-ASA1, s. 13 23Section 13. 938.34 (15m) (c) of the statutes is created to read:
AB431-ASA1,9,3
1938.34 (15m) (c) In determining under par. (am) whether it would be in the
2interest of public protection to have the juvenile report under s. 301.45, the court may
3consider any of the following:
AB431-ASA1,9,54 1. The ages, at the time of the violation, of the juvenile and the victim of the
5violation.
AB431-ASA1,9,66 2. The relationship between the juvenile and the victim of the violation.
AB431-ASA1,9,87 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to
8the victim.
AB431-ASA1,9,119 4. Whether the victim suffered from a mental illness or mental deficiency that
10rendered him or her temporarily or permanently incapable of understanding or
11evaluating the consequences of his or her actions.
AB431-ASA1,9,1212 5. The probability that the juvenile will commit other violations in the future.
AB431-ASA1,9,1313 6. The report of the examination conducted under s. 301.45 (1m) (d).
AB431-ASA1,9,1514 7. Any other factor that the court determines may be relevant to the particular
15case.
AB431-ASA1, s. 14 16Section 14. 948.13 (2) of the statutes is amended to read:
AB431-ASA1,9,2117 948.13 (2) Whoever has been convicted of a serious child sex offense and
18subsequently engages in an occupation or participates in a volunteer position that
19requires him or her to work or interact primarily and directly with children under
2016 years of age is guilty of a Class C felony. This subsection does not apply to a person
21who is exempt under a court order issued under sub. (2m).
AB431-ASA1, s. 15 22Section 15. 948.13 (2m) of the statutes is created to read:
AB431-ASA1,9,2523 948.13 (2m) (a) A person who has been convicted of a crime under s. 948.025
24(1) may petition the court in which he or she was convicted to order that the person
25be exempt from sub. (2) and permitted to engage in an occupation or participate in

1a volunteer position that requires the person to work or interact primarily and
2directly with children under 16 years of age. The court may grant a petition filed
3under this paragraph if the court finds that all of the following apply:
AB431-ASA1,10,74 1. At the time of the commission of the crime under s. 948.025 (1) the person
5had not attained the age of 19 years and was not more than 4 years older or not more
6than 4 years younger than the child with whom the person had sexual contact or
7sexual intercourse.
AB431-ASA1,10,98 1m. The child with whom the person had sexual contact or sexual intercourse
9had attained the age of 13 but had not attained the age of 16.
AB431-ASA1,10,1110 2. It is not necessary, in the interest of public protection, to require the person
11to comply with sub. (2).
AB431-ASA1,10,1612 (b) A person filing a petition under par. (a) shall send a copy of the petition to
13the district attorney who prosecuted the person. The district attorney shall make a
14reasonable attempt to contact the victim of the crime that is the subject of the
15person's petition to inform the victim of his or her right to make or provide a
16statement under par. (d).
AB431-ASA1,10,1817 (c) A court may hold a hearing on a petition filed under par. (a) and the district
18attorney who prosecuted the person may appear at the hearing.
AB431-ASA1,10,2319 (d) Before deciding a petition filed under par. (a), the court shall allow the
20victim of the crime that is the subject of the petition to make a statement in court at
21any hearing held on the petition or to submit a written statement to the court. A
22statement under this paragraph must be relevant to the issues specified in par. (a)
231., 1m. and 2.
AB431-ASA1,11,324 (e) 1. Before deciding a petition filed under par. (a), the court may request the
25person filing the petition to be examined by a physician, psychologist or other expert

1approved by the court. If the person refuses to undergo an examination requested
2by the court under this subdivision, the court shall deny the person's petition without
3prejudice.
AB431-ASA1,11,114 2. If a person is examined by a physician, psychologist or other expert under
5subd. 1., the physician, psychologist or other expert shall file a report of his or her
6examination with the court, and the court shall provide copies of the report to the
7person and, if he or she requests a copy, to the district attorney. The contents of the
8report shall be confidential until the physician, psychologist or other expert has
9testified at the hearing held under par. (c). The report shall contain an opinion
10regarding whether it would be in the interest of public protection to require the
11person to comply with sub. (2) and the basis for that opinion.
AB431-ASA1,11,2012 3. A person who is examined by a physician, psychologist or other expert under
13subd. 1. is responsible for paying the cost of the services provided by the physician,
14psychologist or other expert, except that if the person is indigent the cost of the
15services provided by the physician, psychologist or other expert shall be paid by the
16county. If the person claims or appears to be indigent, the court shall refer the person
17to the authority for indigency determinations under s. 977.07 (1), except that the
18person shall be considered indigent without another determination under s. 977.07
19(1) if the person is represented by the state public defender or by a private attorney
20appointed under s. 977.08.
AB431-ASA1,11,2421 (f) The person who filed the petition under par. (a) has the burden of proving
22by clear and convincing evidence that he or she satisfies the criteria specified in par.
23(a) 1., 1m. and 2. In deciding whether the person has satisfied the criterion specified
24in par. (a) 2., the court may consider any of the following:
AB431-ASA1,12,2
11. The ages, at the time of the violation, of the person who filed the petition and
2the victim of the crime that is the subject of the petition.
AB431-ASA1,12,43 2. The relationship between the person who filed the petition and the victim
4of the crime that is the subject of the petition.
AB431-ASA1,12,65 3. Whether the crime that is the subject of the petition resulted in bodily harm
6to the victim.
AB431-ASA1,12,107 4. Whether the victim of the crime that is the subject of the petition suffered
8from a mental illness or mental deficiency that rendered him or her temporarily or
9permanently incapable of understanding or evaluating the consequences of his or her
10actions.
AB431-ASA1,12,1211 5. The probability that the person who filed the petition will commit other
12serious child sex offenses in the future.
AB431-ASA1,12,1313 6. The report of the examination conducted under par. (e).
AB431-ASA1,12,1514 7. Any other factor that the court determines may be relevant to the particular
15case.
AB431-ASA1, s. 16 16Section 16. 971.17 (1m) (b) 1. of the statutes, as created by 1995 Wisconsin Act
17440
, is renumbered 971.17 (1m) (b) 2m. and amended to read:
AB431-ASA1,13,218 971.17 (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)
.
AB431-ASA1, s. 17 3Section 17. 971.17 (1m) (b) 2. of the statutes, as created by 1995 Wisconsin Act
4440
, is renumbered 971.17 (1m) (b) 1m. and amended to read:
AB431-ASA1,13,115 971.17 (1m) (b) 1m. Except as provided in subd. 1. 2m., if the defendant under
6sub. (1) is found not guilty by reason of mental disease or defect for any violation, or
7for the solicitation, conspiracy or attempt to commit any violation, of ch. 940, 944 or
8948 or ss. 943.01 to 943.15, the court may require the defendant to comply with the
9reporting requirements under s. 301.45 if the court determines that the underlying
10conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in
11the interest of public protection to have the defendant report under s. 301.45.
AB431-ASA1, s. 18 12Section 18. 971.17 (1m) (b) 3. of the statutes is created to read:
AB431-ASA1,13,1513 971.17 (1m) (b) 3. In determining under subd. 1m. whether it would be in the
14interest of public protection to have the defendant report under s. 301.45, the court
15may consider any of the following:
AB431-ASA1,13,1716 a. The ages, at the time of the violation, of the defendant and the victim of the
17violation.
AB431-ASA1,13,1818 b. The relationship between the defendant and the victim of the violation.
AB431-ASA1,13,2019 c. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to
20the victim.
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