LRB-3888/6
JEO:kmg&kaf:km
1997 - 1998 LEGISLATURE
March 17, 1998 - Introduced by Representatives Wieckert and Green. Referred
to Committee on Judiciary.
AB917,1,5
1An Act to renumber 301.45 (6) (b);
to renumber and amend 301.45 (4) and
2301.45 (6) (a);
to amend 301.45 (2) (e) 1., 301.45 (2) (e) 2., 301.45 (2) (e) 5. and
3301.45 (6) (c); and
to create 301.45 (2) (e) 1m., 301.45 (4) (b), 301.45 (4r) and
4301.45 (6) (a) 1. and 2. of the statutes;
relating to: sex offender registration of
5certain persons who are on probation or parole and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person must register as a sex offender if he or she has been
convicted of certain sex offenses, found not guilty of certain sex offenses by reason
of mental disease or defect or adjudicated delinquent on the basis of certain sex
offenses. The sex offender registry is maintained by the department of corrections
(DOC). A person who is required to register as a sex offender or an agency that has
supervision over the person (either DOC or the department of health and family
services) must provide specific information for the registry within a certain period
of time, depending on the person's status. The information that must be provided
includes information concerning the person's offense, the person's address and place
of employment and the make, model and license number of the person's motor
vehicle. The person must also provide updated information if the information
changes.
This bill makes the following changes in current law relating to providing
information for the sex offender registry:
1. If a person who is required to register is being released from a prison sentence
and is being placed on parole, the person or the agency supervising the person shall
provide information for the registry before the person is released. Currently,
information concerning a person being placed on parole must be provided within 10
days after the person is released.
2. If a person who is required to register is on probation or parole from another
state, the person or the agency supervising the person shall provide information for
the registry before the person enters this state. Currently, information concerning
a person who is on probation or parole from another state must be provided within
10 days after the person enters this state.
3. If the address of a parolee who is registered as a sex offender will be changing,
the parolee must provide DOC with his or her new address before the change in
address occurs. Currently, if there is a change in any of the information provided to
DOC for the sex offender registry, the person must provide DOC with the updated
information within 10 days after the change occurs.
In addition, the bill prohibits a parolee who is required to register as a sex
offender from establishing a residence or changing his or her residence unless he or
she has registered, as required, with DOC and, if the person is changing residence,
has provided DOC with updated information concerning his or her new residence.
A person who violates this prohibition may be fined not more than $10,000 or
imprisoned for not more than 9 months or both.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB917,2,53
301.45
(2) (e) 1. Within 10 days after the person
being is placed on
parole, 4probation, supervision, aftercare supervision, conditional release or supervised
5release.
AB917, s. 2
6Section
2. 301.45 (2) (e) 1m. of the statutes is created to read:
AB917,2,87
301.45
(2) (e) 1m. If the person is being released from a prison sentence and
8placed on parole, before he or she is released.
AB917,2,1211
301.45
(2) (e) 2. If the person is on parole or probation from another state under
12s. 304.13 or 304.135,
within 10 days after before the person enters this state.
AB917,3,43
301.45
(2) (e) 5. If subd. 1.,
1m., 2., 3. or 4. does not apply, within 10 days after
4the person is sentenced or receives a disposition.
AB917,3,97
301.45
(4) Updated information. (intro.) In addition to the requirements
8under sub. (3),
whenever a person who is covered under sub. (1) shall update
9information under sub. (2) (a) as follows:
AB917,3,12
10(a) Except as provided in par. (b), whenever any of the information under sub.
11(2) (a) changes, the person shall provide the department with the updated
12information within 10 days after the change occurs.
AB917, s. 6
13Section
6. 301.45 (4) (b) of the statutes is created to read:
AB917,3,1614
301.45
(4) (b) If the person is on parole and any of the information under sub.
15(2) (a) 5. will be changing, the person shall provide the department with the updated
16information before the change in his or her address occurs.
AB917, s. 7
17Section
7. 301.45 (4r) of the statutes is created to read:
AB917,3,2118
301.45
(4r) Restriction on parolees establishing or changing residence. No
19person covered under sub. (1) who is on parole may establish a residence or change
20his or her residence unless he or she has complied with all of the applicable
21requirements of subs. (2) (e), (3) (b) and (4) (b).
AB917,4,224
301.45
(6) (a) (intro.) Whoever
intentionally fails to comply with any
25requirement to provide information under subs. (2) to (4) does any of the following
1may be fined not more than $10,000 or imprisoned for not more than 9 months or
2both
.:
AB917,4,10
3(bm) Subject to s. 971.19 (9), a district attorney or, upon the request of a district
4attorney, the department of justice may prosecute a violation of this subsection. If
5the department of corrections determines that there is probable cause to believe that
6a person has intentionally failed to comply with any requirement to provide
7information under subs. (2) to (4)
or has intentionally violated sub. (4r), the
8department shall forward a certified copy of all pertinent departmental information
9to the applicable district attorney. The department shall certify the copy in
10accordance with s. 889.08.
AB917, s. 9
11Section
9. 301.45 (6) (a) 1. and 2. of the statutes are created to read:
AB917,4,1312
301.45
(6) (a) 1. Intentionally fails to comply with any requirement to provide
13information under subs. (2) to (4).
AB917,4,1414
2. Intentionally violates sub. (4r).
AB917,4,2519
301.45
(6) (c) Notwithstanding pars. (a) and
(b) (am), a person who first became
20subject to subs. (2) to (4) under
1995 Wisconsin Act 440 and who was in prison or a
21secured correctional facility or a secured child caring institution, in institutional
22care, or on probation, parole, supervision, aftercare supervision, corrective sanctions
23supervision, conditional transfer or conditional release during the period beginning
24on December 25, 1993, and ending on May 31, 1997, shall be allowed until January
251, 1998, to comply with the requirements under subs. (2) to (4).
AB917,5,42
(1) The treatment of section 301.45 (2) (e) 1., 1m., 2. and 5. of the statutes first
3applies to persons who are required to provide information under section 301.45 (2)
4(e) of the statutes on the effective date of this subsection.
AB917,5,75
(2) The treatment of section 301.45 (4) (b) of the statutes and the renumbering
6and amendment of section 301.45 (4) of the statutes first apply to changes of
7information that occur on the effective date of this subsection.
AB917,5,108
(3) The treatment of section 301.45 (4r) of the statutes first applies to an
9establishment or change of residence that occurs on the first day of the 2nd month
10beginning after the effective date of this subsection.
