LRBa2742/1
CMH:jld:rs
2005 - 2006 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 2,
TO 2005 ASSEMBLY BILL 591
March 7, 2006 - Offered by Senators Darling and Grothman.
AB591-SSA2-SA1,1,5
4"(e) Serious child sex offense" means a violation of, or the solicitation,
5conspiracy, or attempt to engage in conduct in violation of, any of the following:
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1. Section 948.02 (1) (b), (c), or (d) or 948.025 (1) (a) or (ag).
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2. Section 948.02 (1), 2003 stats., s. 948.02 (2), 2003 stats., or s. 948.025 (1),
82003 stats., if any of the following applies:
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a. The actor has sexual intercourse with a person who has not attained the age
10of 12 years.
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b. The actor has sexual intercourse with a person who has not attained the age
12of 16 years by use or threat of force or violence.
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1c. The actor has sexual contact with a person who has not attained the age of
216 years by use or threat of force or violence and the actor is at least 18 years of age
3when the contact occurs.".
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5"(em) Serious child sex offense" means a violation of, or the solicitation,
6conspiracy, or attempt to engage in conduct in violation of, s. 948.02 (1) or (2) or
7948.025 (1) if any of the following applies:
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1. The actor has sexual intercourse with a person who has not attained the age
9of 12 years.
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2. The actor has sexual intercourse with a person who has not attained the age
11of 16 years by use or threat of force or violence.
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3. The actor has sexual contact with a person who has not attained the age of
1316 years by use or threat of force or violence and the actor is at least 18 years of age
14when the contact occurs.".
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17"(g) "Sexual intercourse" means vulvar penetration as well as cunnilingus,
18fellatio, or anal intercourse between persons or any intrusion of any inanimate object
19into the genital or anal opening either by the defendant or upon the defendant's
20instruction. The emission of semen is not required.".
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4"
(8) (a) In this subsection, "relative" means a child, brother, sister, first cousin,
52nd cousin, nephew, niece, grandchild, or great grandchild, or any other person
6related by blood, marriage, or adoption.
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(b) Notwithstanding sub. (2), the department may terminate a person's lifetime
8tracking after 10 years if the victim of the serious child sex offense for which the
9person is being tracked is a relative of the person being tracked.".
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14(1m) Reconciliation provisions.
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15(a) If 2005 Wisconsin Act .... (Assembly Bill 784) is enacted into law, if sections
16948.02 and 948.025 of the statutes are affected by that act in the manner shown in
17Senate Substitute Amendment .... (LRBs0636), then the treatment of section 301.48
18(1) (em) of the statutes by this act is void.
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19(b) If 2005 Wisconsin Act .... (Assembly Bill 784) is enacted into law, if sections
20948.02 and 948.025 of the statutes are not affected by that act in the manner shown
21in Senate Substitute Amendment .... (LRBs0636), then the treatment of section
22301.48 (1) (e) of the statutes by this act is void.".
