AB431: Bill Text

AB431,6,13 301.45 (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:

AB431,6,15 1m. The person's conviction, delinquency adjudication, finding of need of protection or services or commitment has been reversed, set aside or vacated.

AB431,6,18 (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:

AB431, s. 8 Section 8. 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:

AB431,6,25 301.45 (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) (b).

AB431, s. 9 Section 9. 301.45 (7) (c) 2m. of the statutes is created to read:

AB431,7,5 301.45 (7) (c) 2m. A court has determined under sub. (1m) (b) 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) (c).

AB431, s. 10 Section 10. 301.46 (2m) (at) of the statutes is created to read:

AB431,7,10 301.46 (2m) (at) Paragraphs (a) and (am) do not apply to a person to whom s. 301.45 (1m) 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) (c), 938.34 (15m) (c), 971.17 (1m) (b) 3. or 973.048 (3).

AB431, s. 11 Section 11. 938.34 (15m) (a) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 938.34 (15m) (bm) and amended to read:

AB431,7,20 938.34 (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 unless 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.

AB431, s. 12 Section 12. 938.34 (15m) (b) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 938.34 (15m) (am) and amended to read:

AB431,8,4 938.34 (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.

AB431, s. 13 Section 13. 938.34 (15m) (c) of the statutes is created to read:

AB431,8,10 938.34 (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.

AB431, s. 14 Section 14. 948.13 (2) of the statutes is amended to read:

AB431,8,16 948.13 (2) 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. This subsection does not apply to a person who is exempt under a court order issued under sub. (2m).

AB431, s. 15 Section 15. 948.13 (2m) of the statutes is created to read:

AB431,8,23 948.13 (2m) (a) A person who has been convicted of a crime under s. 948.02 (1) or 948.025 (1) may petition the court in which he or she was convicted to order that the person be exempt from sub. (2) and permitted engage in an occupation or participate in a volunteer position that requires the person to work or interact primarily and directly with children under 16 years of age. The court may grant a petition filed under this paragraph if the court finds that all of the following apply:

AB431,9,3 1. At the time of the commission of the crime under s. 948.02 (1) or 948.025 (1) the person was not more than 4 years older or not more than 4 years younger than the child with whom the person had sexual contact or sexual intercourse.

AB431,9,5 2. It is not necessary, in the interest of public protection, to require the person to comply with sub. (2).

AB431,9,10 (b) A person filing a petition under par. (a) shall send a copy of the petition to the district attorney who prosecuted the person. The district attorney shall make a reasonable attempt to contact the victim of the crime that is the subject of the person's petition to inform the victim of his or her right to make or provide a statement under par. (d).

AB431,9,12 (c) A court may hold a hearing on a petition filed under par. (a) and the district attorney who prosecuted the person may appear at the hearing.

AB431,9,17 (d) Before deciding a petition filed under par. (a), the court shall allow the victim of the crime that is the subject of the petition to make a statement in court at any hearing held on the petition or to submit a written statement to the court. A statement under this paragraph must be relevant to the issues specified in par. (a) 1. and 2.

AB431, s. 16 Section 16. 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:

AB431,9,25 971.17 (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.

AB431, s. 17 Section 17. 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:

AB431,10,13 971.17 (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.

AB431, s. 18 Section 18. 971.17 (1m) (b) 3. of the statutes is created to read:

AB431,10,19 971.17 (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.

AB431, s. 19 Section 19. 973.048 (1) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 973.048 (2m) and amended to read:

AB431,11,4 973.048 (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.

AB431, s. 20 Section 20. 973.048 (2) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 973.048 (1m) and amended to read:

AB431,11,13 973.048 (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.

AB431, s. 21 Section 21. 973.048 (3) of the statutes is created to read:

AB431,11,19 973.048 (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.

AB431,11,20 (End)