LRBs0710/1
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2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 580
April 24, 2006 - Offered by Senator Darling.
SB580-SSA1,1,9 1An Act to renumber 814.75 (1) and 814.76 (1); to renumber and amend
2939.623, 939.624 and 948.075 (1); to amend 46.07, 301.32 (1), 302.13, 303.01
3(8) (b), 948.05 (1) (intro.), 948.05 (1m), 948.05 (2), 948.12 (1m) (intro.), 948.12
4(2m) (intro.) and 973.05 (2m); and to create 16.964 (11), 20.410 (1) (gj), 20.455
5(2) (gj), 20.505 (6) (gj), 303.01 (8) (c) 7m., 303.065 (5) (cg), 814.75 (1g), 814.76
6(1g), 939.617, 948.05 (2p), 948.12 (3) and 973.042 of the statutes; relating to:
7child pornography, sexual exploitation of a child, using a computer to facilitate
8a child sex crime, grants to nonprofit organizations providing services to
9victims of sexual assault, making appropriations, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB580-SSA1, s. 1 10Section 1. 16.964 (11) of the statutes is created to read:
SB580-SSA1,2,311 16.964 (11) From the appropriation under s. 20.505 (6) (gj), the office shall
12provide grants to nonprofit organizations that provide services to victims of sexual

1assault. The office shall develop criteria and procedures for use in selecting grantees
2and administering the grant program. Notwithstanding s. 227.10 (1), the criteria
3and procedures need not be promulgated as rules under ch. 227.
SB580-SSA1, s. 2 4Section 2. 20.410 (1) (gj) of the statutes is created to read:
SB580-SSA1,2,75 20.410 (1) (gj) General operations; child pornography surcharge. All moneys
6received as part A of any child pornography surcharge imposed under s. 973.042 to
7operate institutions and to provide field and administrative services.
SB580-SSA1, s. 3 8Section 3. 20.455 (2) (gj) of the statutes is created to read:
SB580-SSA1,2,119 20.455 (2) (gj) General operations; child pornography surcharge. All moneys
10received as part B of any child pornography surcharge imposed under s. 973.042 for
11investigating offenses under s. 948.05 or 948.12.
SB580-SSA1, s. 4 12Section 4. 20.505 (6) (gj) of the statutes is created to read:
SB580-SSA1,2,1513 20.505 (6) (gj) Grants for victims of sexual assault; child pornography
14surcharge.
All moneys received as part C of any child pornography surcharge
15imposed under s. 973.042 for the grant program under s. 16.964 (11).
SB580-SSA1, s. 5 16Section 5. 46.07 of the statutes, as affected by 2005 Wisconsin Act 25, is
17amended to read:
SB580-SSA1,3,10 1846.07 Property of patients or residents. All money including wages and
19other property delivered to an officer or employee of any institution for the benefit
20of a patient or resident shall immediately be delivered to the steward, who shall enter
21the money upon the steward's books to the credit of the patient or resident. The
22property shall be used only under the direction and with the approval of the
23superintendent and for the crime victim and witness assistance surcharge under s.
24973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34
25(8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046, the child

1pornography surcharge under s. 973.042,
the drug offender diversion surcharge
2under s. 973.043, or the benefit of the patient or resident. If the money remains
3uncalled for for one year after the patient's or resident's death or departure from the
4institution, the superintendent shall deposit the money in the general fund. If any
5patient or resident leaves property, other than money, uncalled for at an institution
6for one year, the superintendent shall sell the property, and the proceeds shall be
7deposited in the general fund. If any person satisfies the department, within 5 years
8after the deposit, of his or her right to the deposit, the department shall direct the
9department of administration to draw its warrant in favor of the claimant and it shall
10charge the same to the appropriation made by s. 20.913 (3) (c).
SB580-SSA1, s. 6 11Section 6. 301.32 (1) of the statutes, as affected by 2005 Wisconsin Act 25, is
12amended to read:
SB580-SSA1,4,713 301.32 (1) Property delivered to warden or superintendent; credit and debit.
14All money and other property delivered to an employee of any state correctional
15institution for the benefit of a prisoner or resident shall be delivered to the warden
16or superintendent, who shall enter the property upon his or her accounts to the credit
17of the prisoner or resident. The property may be used only under the direction and
18with the approval of the superintendent or warden and for the crime victim and
19witness assistance surcharge under s. 973.045 (4), the delinquency victim and
20witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid
21analysis surcharge under s. 973.046, the child pornography surcharge under s.
22973.042,
the drug offender diversion surcharge under s. 973.043, or the benefit of the
23prisoner or resident. If the money remains uncalled for for one year after the
24prisoner's or resident's death or departure from the state correctional institution, the
25superintendent shall deposit it in the general fund. If any prisoner or resident leaves

1property, other than money, uncalled for at a state correctional institution for one
2year, the superintendent shall sell the property and deposit the proceeds in the
3general fund, donate the property to a public agency or private, nonprofit
4organization or destroy the property. If any person satisfies the department, within
55 years after the deposit, of his or her right to the deposit, the department shall direct
6the department of administration to draw its warrant in favor of the claimant and
7it shall charge the same to the appropriation made by s. 20.913 (3) (bm).
SB580-SSA1, s. 7 8Section 7. 302.13 of the statutes, as affected by 2005 Wisconsin Act 25, is
9amended to read:
SB580-SSA1,4,16 10302.13 Preservation of property an inmate brings to prison. The
11department shall preserve money and effects, except clothes, in the possession of an
12inmate when admitted to the prison and, subject to the crime victim and witness
13assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis
14surcharge under s. 973.046, the child pornography surcharge under s. 973.042, and
15the drug offender diversion surcharge under s. 973.043, shall restore the money and
16effects to the inmate when discharged.
SB580-SSA1, s. 8 17Section 8. 303.01 (8) (b) of the statutes, as affected by 2005 Wisconsin Act 25,
18is amended to read:
SB580-SSA1,5,519 303.01 (8) (b) The department shall distribute earnings of an inmate or
20resident, other than an inmate or resident employed under sub. (2) (em), for the crime
21victim and witness assistance surcharge under s. 973.045 (4), for the delinquency
22victim and witness assistance surcharge under s. 938.34 (8d) (c), for the
23deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance
24with s. 303.06 (2) and may distribute earnings for the support of the inmate's or
25resident's dependents and for other obligations either acknowledged by the inmate

1or resident in writing or which have been reduced to judgment that may be satisfied
2according to law. The department may also distribute earnings for the child
3pornography surcharge under s. 973.042 or
the drug offender diversion surcharge
4under s. 973.043, but only if the inmate or resident has first provided for the
5reasonable support of his or her dependents.
SB580-SSA1, s. 9 6Section 9. 303.01 (8) (c) 7m. of the statutes is created to read:
SB580-SSA1,5,87 303.01 (8) (c) 7m. Payment of the child pornography surcharge under s.
8973.042.
SB580-SSA1, s. 10 9Section 10. 303.065 (5) (cg) of the statutes is created to read:
SB580-SSA1,5,1010 303.065 (5) (cg) Payment of the child pornography surcharge under s. 973.042.
SB580-SSA1, s. 11 11Section 11. 814.75 (1) of the statutes is renumbered 814.75 (1r).
SB580-SSA1, s. 12 12Section 12. 814.75 (1g) of the statutes is created to read:
SB580-SSA1,5,1313 814.75 (1g) The child pornography surcharge under s. 973.042.
SB580-SSA1, s. 13 14Section 13. 814.76 (1) of the statutes is renumbered 814.76 (1r).
SB580-SSA1, s. 14 15Section 14. 814.76 (1g) of the statutes is created to read:
SB580-SSA1,5,1616 814.76 (1g) The child pornography surcharge under s. 973.042.
SB580-SSA1, s. 15 17Section 15. 939.617 of the statutes is created to read:
SB580-SSA1,5,24 18939.617 Minimum sentence for certain child sex offenses. (1) Except as
19provided in subs. (2) and (3), if a person is convicted of a violation of s. 948.05,
20948.075, or 948.12, the court shall impose a bifurcated sentence under s. 973.01. The
21term of confinement in prison portion of the bifurcated sentence shall be at least 5
22years for violations of s. 948.05 or 948.075 and 3 years for violations of s. 948.12.
23Otherwise the penalties for the crime apply, subject to any applicable penalty
24enhancement.
SB580-SSA1,6,5
1(2) If a person is convicted of a violation of s. 948.05, 948.075, or 948.12, the
2court may impose a sentence that is less than the sentence required under sub. (1),
3or may place the person on probation, only if the court finds that the best interests
4of the community will be served and the public will not be harmed and if the court
5places its reasons on the record.
SB580-SSA1,6,7 6(3) This section does not apply if the offender was under 18 years of age when
7the violation occurred.
SB580-SSA1, s. 16 8Section 16. 939.623 of the statutes is renumbered 939.618, and 939.618 (title),
9as renumbered, is amended to read:
SB580-SSA1,6,11 10939.618 (title) Increased penalty; Mandatory minimum sentence for
11repeat serious sex crimes.
SB580-SSA1, s. 17 12Section 17. 939.624 of the statutes is renumbered 939.619, and 939.619 (title),
13as renumbered, is amended to read:
SB580-SSA1,6,15 14939.619 (title) Increased penalty; Mandatory minimum sentence for
15repeat serious violent crimes.
SB580-SSA1, s. 18 16Section 18. 948.05 (1) (intro.) of the statutes is amended to read:
SB580-SSA1,6,1917 948.05 (1) (intro.) Whoever does any of the following with knowledge of the
18character and content of the sexually explicit conduct involving the child is guilty of
19a Class F felony
may be penalized under sub. (2p):
SB580-SSA1, s. 19 20Section 19. 948.05 (1m) of the statutes is amended to read:
SB580-SSA1,7,221 948.05 (1m) Whoever produces, performs in, profits from, promotes, imports
22into the state, reproduces, advertises, sells, distributes, or possesses with intent to
23sell or distribute, any recording of a child engaging in sexually explicit conduct is
24guilty of a Class F felony may be penalized under sub. (2p) if the person knows the
25character and content of the sexually explicit conduct involving the child and if the

1person knows or reasonably should know that the child engaging in the sexually
2explicit conduct has not attained the age of 18 years.
SB580-SSA1, s. 20 3Section 20. 948.05 (2) of the statutes is amended to read:
SB580-SSA1,7,74 948.05 (2) A person responsible for a child's welfare who knowingly permits,
5allows or encourages the child to engage in sexually explicit conduct for a purpose
6proscribed in sub. (1) (a) or (b) or (1m) is guilty of a Class F felony may be penalized
7under sub. (2p)
.
SB580-SSA1, s. 21 8Section 21. 948.05 (2p) of the statutes is created to read:
SB580-SSA1,7,109 948.05 (2p) (a) Except as provided in par. (b), a person who violates sub. (1),
10(1m), or (2) is guilty of a Class C felony.
SB580-SSA1,7,1211 (b) A person who violates sub. (1), (1m), or (2) is guilty of a Class F felony if the
12person is under 18 years of age when the offense occurs.
SB580-SSA1, s. 22 13Section 22. 948.075 (1) of the statutes is renumbered 948.075 (1r) and
14amended to read:
SB580-SSA1,7,1915 948.075 (1r) Whoever uses a computerized communication system to
16communicate with an individual who the actor believes or has reason to believe has
17not attained the age of 16 years with intent to have sexual contact or sexual
18intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class
19D C felony.
SB580-SSA1, s. 23 20Section 23. 948.12 (1m) (intro.) of the statutes is amended to read:
SB580-SSA1,7,2421 948.12 (1m) (intro.) Whoever possesses any undeveloped film, photographic
22negative, photograph, motion picture, videotape, or other recording of a child
23engaged in sexually explicit conduct under all of the following circumstances is guilty
24of a Class I felony
may be penalized under sub. (3):
SB580-SSA1, s. 24 25Section 24. 948.12 (2m) (intro.) of the statutes is amended to read:
SB580-SSA1,8,3
1948.12 (2m) (intro.) Whoever exhibits or plays a recording of a child engaged
2in sexually explicit conduct, if all of the following apply, is guilty of a Class I felony
3may be penalized under sub. (3):
SB580-SSA1, s. 25 4Section 25. 948.12 (3) of the statutes is created to read:
SB580-SSA1,8,65 948.12 (3) (a) Except as provided in par. (b), a person who violates sub. (1m)
6or (2m) is guilty of a Class D felony.
SB580-SSA1,8,87 (b) A person who violates sub. (1m) or (2m) is guilty of a Class I felony if the
8person is under 18 years of age when the offense occurs.
SB580-SSA1, s. 26 9Section 26. 973.042 of the statutes is created to read:
SB580-SSA1,8,12 10973.042 Child pornography surcharge. (1) In this section, "image"
11includes a video recording, a visual representation, a positive or negative image on
12exposed film, and data representing a visual image.
SB580-SSA1,8,18 13(2) If a court imposes a sentence or places a person on probation for a crime
14under s. 948.05 or 948.12 and the person was at least 18 years of age when the crime
15was committed, the court shall impose a child pornography surcharge of $500 for
16each image or each copy of an image associated with the crime. The court shall
17determine the number of images or copies of images associated with the crime by a
18preponderance of the evidence and without a jury.
SB580-SSA1,8,20 19(3) The clerk shall record any surcharge imposed under this section in 3 parts
20as follows:
SB580-SSA1,8,2121 (a) Part A is 50 percent of any amount collected.
SB580-SSA1,8,2222 (b) Part B is 30 percent of any amount collected.
SB580-SSA1,8,2323 (c) Part C is 20 percent of any amount collected.
SB580-SSA1,9,2 24(4) After determining the amount due, the clerk of court shall collect and
25transmit the amount to the county treasurer under s. 59.40 (2) (m). The county

1treasurer shall then make payment to the secretary of administration under s. 59.25
2(3) (f) 2.
SB580-SSA1,9,7 3(5) The secretary of administration shall credit part A of the surcharge to the
4appropriation account under s. 20.410 (1) (gj). The secretary of administration shall
5credit part B of the surcharge to the appropriation account under s. 20.455 (2) (gj).
6The secretary of administration shall credit part C of the surcharge to the
7appropriation account under s. 20.505 (6) (gj).
SB580-SSA1,9,12 8(6) If an inmate in a state prison or a person sentenced to a state prison has
9not paid the child pornography surcharge under this section, the department shall
10assess and collect the amount owed from the inmate's wages or other moneys. Any
11amount collected under this subsection shall be transmitted to the secretary of
12administration.
SB580-SSA1, s. 27 13Section 27. 973.05 (2m) of the statutes, as affected by 2005 Wisconsin Act 25,
14is amended to read:
SB580-SSA1,9,2515 973.05 (2m) Payments under this section shall be applied first to payment of
16the penalty surcharge until paid in full, shall then be applied to the payment of the
17jail surcharge until paid in full, shall then be applied to the payment of part A of the
18crime victim and witness assistance surcharge until paid in full, shall then be
19applied to part B of the crime victim and witness assistance surcharge until paid in
20full, shall then be applied to the crime laboratories and drug law enforcement
21surcharge until paid in full, shall then be applied to the deoxyribonucleic acid
22analysis surcharge until paid in full, shall then be applied to the child pornography
23surcharge until paid in full,
shall then be applied to the drug abuse program
24improvement surcharge until paid in full, shall then be applied to the drug offender
25diversion surcharge until paid in full, shall then be applied to payment of the driver

1improvement surcharge until paid in full, shall then be applied to the truck driver
2education surcharge if applicable until paid in full, shall then be applied to payment
3of the domestic abuse surcharge until paid in full, shall then be applied to payment
4of the consumer protection surcharge until paid in full, shall then be applied to
5payment of the natural resources surcharge if applicable until paid in full, shall then
6be applied to payment of the natural resources restitution surcharge until paid in
7full, shall then be applied to the payment of the environmental surcharge if
8applicable until paid in full, shall then be applied to the payment of the wild animal
9protection surcharge if applicable until paid in full, shall then be applied to payment
10of the weapons surcharge until paid in full, shall then be applied to payment of the
11uninsured employer surcharge until paid in full, shall then be applied to payment
12of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full,
13and shall then be applied to payment of the fine and the costs and fees imposed under
14ch. 814.
SB580-SSA1, s. 28 15Section 28. Initial applicability.
SB580-SSA1,10,1816 (1) The treatment of section 973.042 of the statutes first applies to violations
17of section 948.05 or 948.12 of the statutes that are committed on the effective date
18of this subsection.
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