SB182: Bill Text

SB182,8,10 48.34 (16) Sex offender reporting requirements. (a) If the child 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), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08, the court shall require the person to comply with the reporting requirements under s. 301.45.

SB182,8,17 (b) Except as provided in par. (a), if the child 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 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 report under s. 301.45.

SB182, s. 7 Section 7. 48.396 (2) (f) of the statutes is created to read:

SB182,9,2 48.396 (2) (f) Upon request of the department of corrections 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 of corrections 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 offense specified in s. 301.45 (1) (a). The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.

SB182, s. 8 Section 8. 48.78 (2) (f) of the statutes is created to read:

SB182,9,9 48.78 (2) (f) Paragraph (a) does not prohibit the department of health and social services from disclosing to the department of corrections information about an individual who has been adjudged delinquent or found not responsible by reason of mental disease or defect and who is required to register under s. 301.45. The department of corrections may disclose information that it receives under this paragraph as provided under s. 301.46.

SB182, s. 9 Section 9. 51.20 (13) (cr) of the statutes is amended to read:

SB182,9,16 51.20 (13) (cr) If the subject individual is before the court on a petition filed under a court order under s. 48.30 (5) (c) 1. and is found to have committed a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting and testing requirements of s. 175.45.

SB182, s. 10 Section 10. 51.20 (13) (ct) of the statutes is created to read:

SB182,9,23 51.20 (13) (ct) 1. If the subject individual is before the court on a petition filed under a court order under s. 48.30 (5) (c) 1. and is found to have committed a violation, or to have solicited, conspired or attempted to commit a violation, of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08, the court shall require the individual to comply with the reporting requirements under s. 301.45.

SB182,9,25 2. Except as provided in subd. 1., if the subject individual is before the court on a petition filed under a court order under s. 48.30 (5) (c) 1. and is found to have committed any violation, or to have solicited, conspired or attempted to commit any violation, of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the subject individual 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 subject individual report under s. 301.45.

SB182, s. 11 Section 11. 51.30 (3) (d) of the statutes is created to read:

SB182,10,11 51.30 (3) (d) The department of corrections shall have access to the files and records of court proceedings under this chapter concerning an individual required to register under s. 301.45. The department of corrections may disclose information that it obtains under this paragraph as provided under s. 301.46.

SB182, s. 12 Section 12. 51.30 (4) (b) 24. of the statutes is created to read:

SB182,10,16 51.30 (4) (b) 24. To the department of corrections for the purpose of obtaining information concerning a person required to register under s. 301.45. The department of corrections may disclose information that it receives under this subdivision as provided under s. 301.46.

SB182, s. 13 Section 13. 165.76 (1) (d) of the statutes is created to read:

SB182,10,19 165.76 (1) (d) Is found to be a sexually violent person under ch. 980 on or after June 2, 1994.

SB182, s. 14 Section 14. 165.76 (2) (b) 3. of the statutes is amended to read:

SB182,10,24 165.76 (2) (b) 3. If the person has been committed to the department of health and social services under s. 51.20 or 971.17 or found to be a sexually violent person under ch. 980, he or she shall provide the specimen under par. (a) as directed by the department of health and social services.

SB182, s. 15 Section 15. 165.76 (3) of the statutes is amended to read:

SB182,11,3 165.76 (3) If a person is required to submit a biological specimen under s. 48.34 (15), 51.20 (13) (cr), 971.17 (1m) or (a), 973.047 or 980.063, he or she shall comply with that requirement and is not required to comply with this section.

SB182, s. 16 Section 16. 165.765 (1) of the statutes is amended to read:

SB182,11,7 165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB182, s. 17 Section 17. 165.765 (2) (a) of the statutes is amended to read:

SB182,11,13 165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 48.34 (15), 165.76 or, 973.047 or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

SB182, s. 18 Section 18. 165.77 (2) (b) of the statutes is amended to read:

SB182,11,16 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 48.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m) or (a), 973.047 or 980.063.

SB182, s. 19 Section 19. 165.77 (3) of the statutes is amended to read:

SB182,12,5 165.77 (3) If the laboratories receive a human biological specimen under s. 48.34 (15), 51.20 (13) (cr), 165.76, 971.17 (1m) or (a), 973.047 or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

SB182, s. 20 Section 20. 165.8285 of the statutes is created to read:

SB182,12,11 165.8285 Transaction information for management of enforcement system; department of corrections records. (1) The department of justice shall, through the transaction information for management of enforcement system, provide local law enforcement agencies with access to the registry of sex offenders maintained by the department of corrections under s. 301.45.

SB182,12,14 (2) The department of justice shall provide the department of corrections with access to the transaction information for management of enforcement system administrative message process.

SB182,12,19 (3) The department of justice and the department of corrections shall cooperate in using the transaction information for management of enforcement system, and in developing or using any other computerized or direct electronic data transfer system, for the purpose of providing access to or disseminating information from the sex offender registry under s. 301.45.

SB182, s. 21 Section 21. 175.45 (title) of the statutes is renumbered 301.45 (title).

SB182, s. 22 Section 22. 175.45 (1) (intro.) of the statutes is renumbered 301.45 (1) (intro.).

SB182, s. 23 Section 23. 175.45 (1) (a) of the statutes is renumbered 301.45 (1) (a) and amended to read:

SB182,13,2 301.45 (1) (a) Is convicted, adjudicated delinquent or found in need of protection or services on or after December 25, 1993, for any violation , or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 948.02 (1) or (2) or, 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 24 Section 24. 175.45 (1) (b) of the statutes is renumbered 301.45 (1) (b) and amended to read:

SB182,13,9 301.45 (1) (b) Is in prison or a secured correctional facility or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 948.02 (1) or (2) or, 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 25 Section 25. 175.45 (1) (c) of the statutes is renumbered 301.45 (1) (c) and amended to read:

SB182,13,16 301.45 (1) (c) Is found not guilty or not responsible by reason of mental disease or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 948.02 (1) or (2) or , 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 26 Section 26. 175.45 (1) (d) of the statutes is renumbered 301.45 (1) (d) and amended to read:

SB182,13,23 301.45 (1) (d) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1) or, (2) or (3), 948.02 (1) or (2) or, 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 27 Section 27. 175.45 (1) (e) of the statutes is renumbered 301.45 (1) (e) and amended to read:

SB182,14,3 301.45 (1) (e) Is ordered by a court under s. 48.34 (15) (16), 51.20 (13) (cr) (ct), 971.17 (1m) (b) 2. or 973.047 973.048 to comply with the reporting requirements under this section.

SB182, s. 28 Section 28. 175.45 (2) (title) of the statutes is renumbered 301.45 (2) (title) and amended to read:

SB182,14,6 301.45 (2) (title) What information must be provided, by whom and when.

SB182, s. 29 Section 29. 175.45 (2) of the statutes is renumbered 301.45 (2) (c) and amended to read:

SB182,14,13 301.45 (2) (c) A If the department of health and social services has supervision over a person subject to sub. (1), that department, with the assistance of the person, shall provide the information about his or her home address, place of school enrollment, place of employment and employment duties specified in par. (a) to the department of justice corrections in accordance with the rules under sub. (8).

SB182, s. 30 Section 30. 175.45 (3) (title) of the statutes is renumbered 301.45 (3) (title).

SB182, s. 31 Section 31. 175.45 (3) (a) (intro.) of the statutes is renumbered 301.45 (3) (a) (intro.).

SB182, s. 32 Section 32. 175.45 (3) (a) 1. of the statutes is renumbered 301.45 (3) (a) 1. and amended to read:

SB182,14,21 301.45 (3) (a) 1. If the person has been placed on probation or supervision, he or she is subject to this subsection after he or she is discharged from upon being placed on probation or supervision.

SB182, s. 33 Section 33. 175.45 (3) (a) 2. of the statutes is renumbered 301.45 (3) (a) 2. and amended to read:

SB182,15,3 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility, he or she is subject to this subsection after he or she is discharged from upon being released on parole or aftercare supervision.

SB182, s. 34 Section 34. 175.45 (3) (a) 3. of the statutes is renumbered 301.45 (3) (a) 3. and amended to read:

SB182,15,10 301.45 (3) (a) 3. If the person has been committed under s. 51.20 or 971.17, he or she is subject to this subsection after upon being placed on conditional release under s. 971.17 or on a conditional transfer under s. 51.35 (1) or, if he or she was not placed on conditional release or on a conditional transfer, before he or she is terminated under s. 971.17 (5) or discharged under s. 51.35 (4) or 971.17 (6).

SB182, s. 35 Section 35. 175.45 (3) (a) 4. of the statutes is renumbered 301.45 (3) (a) 4. and amended to read:

SB182,15,14 301.45 (3) (a) 4. If subd. 1., 1m., 2. or, 2m., 3., 3g. or 3r. does not apply, the person is subject to this subsection after he or she is sentenced or receives a disposition.

SB182, s. 36 Section 36. 175.45 (3) (b) of the statutes is renumbered 301.45 (3) (b) 1. and amended to read:

SB182,15,20 301.45 (3) (b) 1. A person who is subject to par. (a) shall notify the department of justice once each calendar year, as directed by the department, of his or her current information specified in sub. (2) (a). The department shall annually notify registrants of their need to comply with this requirement.

SB182,16,4 2. The department shall notify a person who is being released from prison because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1) of the need to comply with this section. Also, probation and parole agents, aftercare agents and agencies providing supervision shall notify any client who is covered under sub. (1) of this requirement prior to the client's expected date of discharge from the need to comply with this section at the time the client is placed on probation, parole, supervision or aftercare supervision or, if the client is on probation or parole from another state under s. 304.13 or 304.135, when the client enters this state.

SB182,16,7 4. Failure to receive this notice from the department of health and social services, the department of corrections, a probation and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under sub. (6).

SB182, s. 37 Section 37. 175.45 (4) of the statutes is renumbered 301.45 (4) and amended to read:

SB182,16,13 301.45 (4) Updated information. In addition to the requirements under sub. (3), whenever any of the information under sub. (2) (a) changes, the person shall provide the department of justice with the updated information within 14 10 days after the change occurs.

SB182, s. 38 Section 38. 175.45 (5) of the statutes is renumbered 301.45 (5) (a), and 301.45 (5) (a) (intro.), 2. and 4., as renumbered, are amended to read:

SB182,16,18 301.45 (5) (a) (intro.) A Except as provided in par. (b), a person who is covered under sub. (1) no longer has to comply with this section when the following applicable criterion is met:

SB182,16,20 2. If the person has been sentenced to prison or placed in a secured correctional facility, 15 years after discharge from prison, parole or aftercare supervision.

SB182,16,22 4. If par. (a), (b) or (c) subd. 1., 1m., 2., 3. or 3m. does not apply, 15 years after the date of conviction or disposition.

SB182, s. 39 Section 39. 175.45 (6) of the statutes is renumbered 301.45 (6).

SB182, s. 40 Section 40. 175.45 (7) of the statutes is renumbered 301.45 (7), and 301.45 (7) (title), (a) and (c) (intro.), as renumbered, are amended to read:

SB182,17,5 301.45 (7) (title) Department of justice; information Information maintenance and expungement. (a) The department of justice shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in s. 301.46 and except as needed for law enforcement purposes.

SB182,17,11 (c) (intro.) A person who has provided about whom information is maintained in the registry under sub. (2) may request expungement of all pertinent departmental information in the registry on the grounds that his or her conviction, delinquency adjudication, finding of need of protection or services or commitment has been reversed, set aside or vacated. The department shall purge all of that information if the department receives all of the following:

SB182, s. 41 Section 41. 175.45 (8) of the statutes is renumbered 301.45 (8) and amended to read:

SB182,17,15 301.45 (8) Rules. The department of justice shall promulgate rules necessary to carry out its duties under this section.

SB182, s. 42 Section 42. 175.45 (9) of the statutes is renumbered 301.45 (9) and amended to read:

SB182,17,20 301.45 (9) Cooperation. The departments of corrections and department of health and social services and a circuit court shall cooperate with the department of justice corrections in obtaining information under this section.

SB182, s. 43 Section 43. 301.45 (1) (bm) of the statutes is created to read:

SB182,18,2 301.45 (1) (bm) Is in prison or a secured correctional facility or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 44 Section 44. 301.45 (1) (dd) of the statutes is created to read:

SB182,18,8 301.45 (1) (dd) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 45 Section 45. 301.45 (1) (dh) of the statutes is created to read:

SB182,18,14 301.45 (1) (dh) Is on parole or probation in this state from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of the law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07 or 948.08.

SB182, s. 46 Section 46. 301.45 (1) (dp) of the statutes is created to read:

SB182,18,17 301.45 (1) (dp) Is in institutional care under, or on parole from, a commitment for specialized treatment under ch. 975 on or after December 25, 1993.

SB182, s. 47 Section 47. 301.45 (1) (dt) of the statutes is created to read:

SB182,18,20 301.45 (1) (dt) Is in institutional care or on conditional release under ch. 980 on or after June 2, 1994.

SB182, s. 48 Section 48. 301.45 (2) (a) of the statutes is created to read:

SB182,18,23 301.45 (2) (a) The department shall maintain a registry of all persons subject to sub. (1). The registry shall contain all of the following with respect to each person: