Amendment ASA1-AB99

LRBs0039/1

MGD&GMM:kjf:rs

2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 99

March 8, 2005 - Offered by Representative Staskunas.

AB99-ASA1,1,6 An Act to renumber and amend 938.14; to amend 301.46 (2) (e), 301.46 (2m) (a), 301.46 (2m) (am), 301.46 (2m) (c), 301.46 (4) (ag) (intro.), 301.46 (4) (ag) 1., 301.46 (4) (ag) 2., 301.46 (5) (c) (intro.), 301.46 (5) (c) 1., 301.46 (5) (c) 2. and 938.396 (1); and to create 301.46 (5g), 938.14 (2) and 938.78 (2) (h) of the statutes; relating to: the disclosure of information regarding individuals registered as sex offenders based upon a juvenile delinquency adjudication.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB99-ASA1, s. 1 Section 1. 301.46 (2) (e) of the statutes is amended to read:

AB99-ASA1,2,3 301.46 (2) (e) A Subject to sub. (5g), a police chief or sheriff may provide any of the information to which he or she has access under this subsection , other than information specified in subs. (4) (ag) and (5) (c), to an entity in the police chief's community or the sheriff's county that is entitled to request information under sub. (4), to any person requesting information under sub. (5) or to members of the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

AB99-ASA1, s. 2 Section 2. 301.46 (2m) (a) of the statutes is amended to read:

AB99-ASA1,2,17 301.46 (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 in a state correctional institution or institutional care, and the person has, on one occasion only, been convicted, adjudicated delinquent, or found not guilty or not responsible by reason of mental disease or defect for a sex offense or for a violation of a law of this state that is comparable to a sex offense, 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.

AB99-ASA1, s. 3 Section 3. 301.46 (2m) (am) of the statutes is amended to read:

AB99-ASA1,3,6 301.46 (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 in a state correctional institution 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, adjudicated delinquent, or found not guilty or not responsible by reason of mental disease or defect for a sex offense or for a violation of a law of this state that is comparable to a sex offense, 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.

AB99-ASA1, s. 4 Section 4. 301.46 (2m) (c) of the statutes is amended to read:

AB99-ASA1,3,14 301.46 (2m) (c) A Subject to sub. (5g), a police chief or sheriff who receives a bulletin under this subsection may provide any of the information in the bulletin, other than information specified in subs. (4) (ag) and (5) (c), to an entity in the police chief's community or the sheriff's county that is entitled to request information under sub. (4), to any person requesting information under sub. (5) or to members of the general public if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.

AB99-ASA1, s. 5 Section 5. 301.46 (4) (ag) (intro.) of the statutes is amended to read:

AB99-ASA1,3,18 301.46 (4) (ag) (intro.) The department may not provide any of the following information in response to a request under par. (a) unless authorized to do so under sub. (5g):

AB99-ASA1, s. 6 Section 6. 301.46 (4) (ag) 1. of the statutes is amended to read:

AB99-ASA1,3,22 301.46 (4) (ag) 1. Any information concerning a child who is required delinquency adjudication that requires a person who is less than 17 years of age to register under s. 301.45.

AB99-ASA1, s. 7 Section 7. 301.46 (4) (ag) 2. of the statutes is amended to read:

AB99-ASA1,4,3 301.46 (4) (ag) 2. If the person required to register under s. 301.45 is an adult 17 years of age or older, any information concerning a juvenile proceeding in which the person was involved.

AB99-ASA1, s. 8 Section 8. 301.46 (5) (c) (intro.) of the statutes is amended to read:

AB99-ASA1,4,6 301.46 (5) (c) (intro.) The department or a police chief or sheriff may not provide any of the following under par. (a) except as authorized under sub. (5g) (d):

AB99-ASA1, s. 9 Section 9. 301.46 (5) (c) 1. of the statutes is amended to read:

AB99-ASA1,4,10 301.46 (5) (c) 1. Any information concerning a child who is required delinquency adjudication that requires a person who is less than 17 years of age to register under s. 301.45.

AB99-ASA1, s. 10 Section 10. 301.46 (5) (c) 2. of the statutes is amended to read:

AB99-ASA1,4,14 301.46 (5) (c) 2. If the person required to register under s. 301.45 is an adult 17 years of age or older, any information concerning a juvenile proceeding in which the person was involved.

AB99-ASA1, s. 11 Section 11. 301.46 (5g) of the statutes is created to read:

AB99-ASA1,4,18 301.46 (5g) Information regarding a person committing a sex offense as a juvenile. (a) In this subsection, "registrant" means a person who is required to register under s. 301.45.

AB99-ASA1,5,4 (b) Before a police chief, a sheriff, or the department provides any information specified in sub. (4) (ag) or (5) (c) regarding a registrant to members of the general public under sub. (2) (e) or (2m) (c), to an entity entitled to request information under sub. (4), or to a person requesting information under sub. (5), the police chief, the sheriff, or the department shall bring an action requesting authority to do so in the court assigned to exercise jurisdiction under ch. 938. The action shall be filed in the circuit court for the county in which the registrant resides, is employed or carries on a vocation, or attends school. The complaint shall specify the information that the police chief, the sheriff, or the department seeks to release, the persons or entities to whom the information would be released, and how the information would be released.

AB99-ASA1,5,7 (c) Except as provided in par. (e) 1., the court shall presume that the benefits of releasing the information that relate to protecting the public outweigh the registrant's interest in maintaining the confidentiality of the information.

AB99-ASA1,5,11 (d) 1. Unless the court finds that the registrant's interest in maintaining the confidentiality of the information outweighs the benefits of releasing the information that relate to protecting the public, the court shall authorize the police chief, the sheriff, or the department to release the information.

AB99-ASA1,5,19 2. If the court makes the finding described in subd. 1., the court shall authorize the release of part of the information described in the complaint, the release of information to fewer than all of the persons or entities listed in the complaint, or the release of the information through a more discrete method than that described in the complaint unless the court finds, with respect to the more limited or more discrete release of information under this subdivision, that the registrant's interest in maintaining the confidentiality of the information outweighs the benefits of releasing the information that relate to protecting the public.

AB99-ASA1,5,24 (e) 1. If a police chief, a sheriff, or the department has brought an action regarding a registrant under this subsection, no person may bring a substantially similar action unless the complaint includes evidence that there has been a substantial change in circumstances since the other action was brought. The presumption under par. (c) does not apply to an action brought under this paragraph.

AB99-ASA1,6,3 2. Subdivision 1. does not apply if the registrant has moved to, has become employed or has begun carrying on a vocation in, or has begun attending school in, a different county or municipality.

AB99-ASA1, s. 12 Section 12. 938.14 of the statutes is renumbered 938.14 (intro.) and amended to read:

AB99-ASA1,6,8 938.14 Jurisdiction over interstate compact proceedings other matters relating to juveniles. (intro.) The court has exclusive jurisdiction over proceedings all of the following:

AB99-ASA1,6,9 (1) Proceedings under the interstate compact for juveniles under s. 938.991.

AB99-ASA1, s. 13 Section 13. 938.14 (2) of the statutes is created to read:

AB99-ASA1,6,13 938.14 (2) Proceedings under s. 301.46 (5g) relating to the disclosure of information about an individual required to register as a sex offender under s. 301.45 based upon a delinquency adjudication.

AB99-ASA1, s. 14 Section 14. 938.396 (1) of the statutes is amended to read:

AB99-ASA1,7,7 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r), (1t), (1x) or (5) or s. 301.46 (5g) or 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

AB99-ASA1, s. 15 Section 15. 938.78 (2) (h) of the statutes is created to read:

AB99-ASA1,7,12 938.78 (2) (h) Paragraph (a) does not prohibit the department from disclosing information under s. 301.46 (2), (2m), (3), or (5g) about an individual adjudged delinquent for a sex offense and required to register as a sex offender under s. 301.45 based upon that adjudication.

AB99-ASA1,7,13 (End)