Amendment SSA1-SB211

SB211-SSA1,10,13 301.45 (3) (b) 3. The department of health and family services shall notify a person who is being placed on conditional release, conditional transfer or parole, or is being terminated or discharged from a commitment, under s. 51.20, 51.35 or 971.17 or ch. 975 or 980 and who is covered under sub. (1) (1g) of the need to comply with this section.

SB211-SSA1, s. 19 Section 19. 301.45 (3) (b) 3m. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB211-SSA1,10,19 301.45 (3) (b) 3m. After notifying a person under subd. 2. or 3. of the need to comply with this section, the person who is providing the notification shall require the person who is covered under sub. (1) (1g) to read and sign a form stating that he or she has been informed of the requirements of this section.

SB211-SSA1, s. 20 Section 20. 301.45 (4m) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB211-SSA1,11,6 301.45 (4m) Information concerning a move to another state. In addition to the requirements under subs. (3) and (4), a person who is covered under sub. (1) (1g) and who is changing his or her residence from this state to another state shall, no later than 10 days before he or she moves out of this state, notify the department that he or she is changing his or her residence from this state and inform the department of the state to which he or she is moving his or her residence. Upon receiving notification from a person under this subsection, the department shall inform the person whether the state to which the person is moving has sex offender registration requirements to which the person may be subject and, if so, the name of the agency to contact in that state for information concerning those requirements.

SB211-SSA1, s. 21 Section 21. 301.45 (5) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB211-SSA1,11,11 301.45 (5) (a) (intro.) Except as provided in par. (b), a person who is covered under sub. (1) (1g) no longer has to comply with this section when the following applicable criterion is met:

SB211-SSA1, s. 22 Section 22. 301.45 (5) (b) (intro.) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB211-SSA1,11,16 301.45 (5) (b) (intro.) A person who is covered under sub. (1) (1g) shall continue to comply with the requirements of this section until his or her death if any of the following apply applies:

SB211-SSA1, s. 23 Section 23. 301.45 (5) (b) 1. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB211-SSA1,12,7 301.45 (5) (b) 1. The person has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any 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 a sex offense, or for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of a law of this state or any other state that is comparable to 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 that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent sex offense. A conviction that has been reversed, set aside or vacated is not a conviction for purposes of determining under this subdivision whether a person has been convicted on 2 or more separate occasions.

SB211-SSA1, s. 24 Section 24. 301.45 (7) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB211-SSA1,12,12 301.45 (7) (c) (intro.) A person about whom information is maintained in the registry under sub. (2) may request expungement of all pertinent information in the registry on if any of the grounds that his or her following applies:

SB211-SSA1,12,14 1m. The person's conviction, delinquency adjudication, finding of need of protection or services or commitment has been reversed, set aside or vacated.

SB211-SSA1,12,17 (d) The department shall purge all of that the information maintained in the registry under sub. (2) concerning a person to whom par. (c) applies if the department receives all of the following:

SB211-SSA1, s. 25 Section 25. 301.45 (7) (c) 1. and 2. of the statutes, as affected by 1995 Wisconsin Act 440, are renumbered 301.45 (7) (d) 1. and 2., and 301.45 (7) (d) 2., as renumbered, is amended to read:

SB211-SSA1,12,24 301.45 (7) (d) 2. A certified copy of the court order reversing, setting aside or vacating the conviction, delinquency adjudication, finding of need of protection or services or commitment or a certified copy of the court's determination under sub. (1m) (c).

SB211-SSA1, s. 26 Section 26. 301.45 (7) (c) 2m. of the statutes is created to read:

SB211-SSA1,13,4 301.45 (7) (c) 2m. A court has determined under sub. (1m) (c) that the person is not required to comply with the reporting requirements under this section and the court has not ordered the person to comply with the reporting requirements under sub. (1m) (d).

SB211-SSA1, s. 27 Section 27. 301.46 (2m) (a) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB211-SSA1,13,25 301.46 (2m) (a) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement or institutional care, and the person has, on one occasion only, been convicted or found not guilty or not responsible by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any 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 a sex offense, as defined in s. 301.45 (1d), or a law of this state that is comparable to 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 that is comparable to s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense, as defined in s. 301.45 (1d), the agency with jurisdiction may notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school if the agency with jurisdiction determines that such notification is necessary to protect the public. Notification under this paragraph may be in addition to providing access to information under sub. (2) or to any other notification that an agency with jurisdiction is authorized to provide.

SB211-SSA1, s. 28 Section 28. 301.46 (2m) (am) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB211-SSA1,14,18 301.46 (2m) (am) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement or institutional care, and the person has been found to be a sexually violent person under ch. 980 or has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any 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 or 948.11 a sex offense, as defined in s. 301.45 (1d), or a law of this state that is comparable to 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 or 948.11 a sex offense, as defined in s. 301.45 (1d), the agency with jurisdiction shall notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school. Notification under this paragraph shall be in addition to providing access to information under sub. (2) and to any other notification that an agency with jurisdiction is authorized to provide.

SB211-SSA1, s. 29 Section 29. 301.46 (2m) (at) of the statutes is created to read:

SB211-SSA1,14,23 301.46 (2m) (at) Paragraphs (a) and (am) do not apply to a person to whom s. 301.45 (1m) (b) applies unless the person is required to comply with the reporting requirements under s. 301.45 by a court acting under s. 51.20 (13) (ct) 3., 301.45 (1m) (d), 938.34 (15m) (c), 971.17 (1m) (b) 3. or 973.048 (3).

SB211-SSA1, s. 30 Section 30. 938.34 (15m) (a) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 938.34 (15m) (bm) and amended to read:

SB211-SSA1,15,8 938.34 (15m) (bm) If the child juvenile is adjudicated delinquent on the basis of a violation, or the solicitation, conspiracy or attempt to commit a violation, of s. 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 child juvenile was not the victim's parent, the court shall require the person juvenile to comply with the reporting requirements under s. 301.45 if the court determines, after a hearing on a motion made by the juvenile, that the juvenile is not required to comply under s. 301.45 (1m), in which case par. (c) applies.

SB211-SSA1, s. 31 Section 31. 938.34 (15m) (b) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 938.34 (15m) (am) and amended to read:

SB211-SSA1,15,17 938.34 (15m) (am) Except as provided in par. (a) pars. (bm) and (c), if the child juvenile is adjudicated delinquent on the basis of any violation, or 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 child juvenile 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 child juvenile report under s. 301.45.

SB211-SSA1, s. 32 Section 32. 938.34 (15m) (c) of the statutes is created to read:

SB211-SSA1,15,23 938.34 (15m) (c) If the court determines under par. (bm) that the juvenile is not required to comply with the reporting requirements under s. 301.45, the court may order the juvenile to comply with the reporting requirements if the court determines that it would be in the interest of public protection to have the juvenile report under s.301.45.

SB211-SSA1, s. 33 Section 33. 938.396 (2) (em) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB211-SSA1,16,7 938.396 (2) (em) Upon request of the department to review court records for the purpose of obtaining information concerning a child required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department the records of the court relating to any child who has been adjudicated delinquent or found not responsible by reason of mental disease or defect for an a sex offense specified in s. 301.45 (1) (a) (1d). The department may disclose information that it obtains under this paragraph as provided under s. 301.46.

SB211-SSA1, s. 34 Section 34. 948.13 (2) of the statutes is renumbered 948.13 (2) (a) and amended to read:

SB211-SSA1,16,14 948.13 (2) (a) Whoever Except as provided in par. (b), whoever has been convicted of a serious child sex offense and subsequently engages in an occupation or participates in a volunteer position that requires him or her to work or interact primarily and directly with children under 16 years of age is guilty of a Class C felony.

SB211-SSA1, s. 35 Section 35. 948.13 (2) (b) of the statutes is created to read:

SB211-SSA1,16,19 948.13 (2) (b) Paragraph (a) does not apply to a person who has been convicted of a serious child sex offense if s. 301.45 (1m) (b) applies to the person, unless the person is required to comply with the reporting requirements under s. 301.45 by a court acting under s. 301.45 (1m) (d) or 973.048 (3).

SB211-SSA1, s. 36 Section 36. 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:

SB211-SSA1,17,5 971.17 (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), in which case subd. 3. applies.

SB211-SSA1, s. 37 Section 37. 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:

SB211-SSA1,17,15 971.17 (1m) (b) 1m. Except as provided in subd. 1. subds. 2m. and 3., 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.

SB211-SSA1, s. 38 Section 38. 971.17 (1m) (b) 3. of the statutes is created to read:

SB211-SSA1,17,21 971.17 (1m) (b) 3. If the court determines under subd. 2m. that the defendant is not required to comply with the reporting requirements under s. 301.45, the court may order the defendant to comply with the reporting requirements if the court determines that it would be in the interest of public protection to have the defendant report under s. 301.45.

SB211-SSA1, s. 39 Section 39. 973.048 (1) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 973.048 (2m) and amended to read:

SB211-SSA1,18,6 973.048 (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), in which case sub. (3) applies.

SB211-SSA1, s. 40 Section 40. 973.048 (2) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 973.048 (1m) and amended to read:

SB211-SSA1,18,15 973.048 (1m) Except as provided in sub. (1) subs. (2m) and (3), 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.

SB211-SSA1, s. 41 Section 41. 973.048 (3) of the statutes is created to read:

SB211-SSA1,18,21 973.048 (3) If the court determines under sub. (2m) that the person is not required to comply with the reporting requirements under s. 301.45, the court may order the person to comply with the reporting requirements if the court determines that it would be in the interest of public protection to have the person report under s. 301.45.

SB211-SSA1,18,22 (End)