SB211: Bill Text

SB211,6,24 (e) 1. Except as provided in subd. 2., a juvenile who meets any of the criteria under sub. (1) (a) to (dt) is not required to comply with the reporting requirements under this section.

SB211,7,9 2. Notwithstanding s. 301.45 (1) (a) to (dt), a juvenile who is complying with the reporting requirements under this section on the effective date of the subdivision .... [revisor inserts date], because he or she was covered under s. 301.45 (1) (a) to (dt), 1995 stats., shall comply with the reporting requirements unless the juvenile files a motion in the circuit court for the county in which the person was adjudicated delinquent, found in need of protection or services or found not responsible by reason of mental disease or defect and, after a hearing on the motion, the court determines that it is not necessary, in the interest of public protection, to have the juvenile report under this section. A juvenile may make only one motion under this subdivision.

SB211, s. 10 Section 10. 301.45 (7) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB211,7,14 301.45 (7) (c) 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 apply:

SB211,7,16 1m. The person's conviction, delinquency adjudication, finding of need of protection or services or commitment has been reversed, set aside or vacated.

SB211,7,19 (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:

SB211, s. 11 Section 11. 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:

SB211,8,2 301.45 (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) (c) or (e) 2., whichever is applicable.

SB211, s. 12 Section 12. 301.45 (7) (c) 2m. and 3m. of the statutes are created to read:

SB211,8,7 301.45 (7) (c) 2m. A court has determined under sub. (1m) (c) 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) (d).

SB211,8,9 3m. A court has determined under sub. (1m) (e) 2. that the person is not required to comply with the reporting requirements under this section.

SB211, s. 13 Section 13. 301.46 (2m) (at) of the statutes is created to read:

SB211,8,14 301.46 (2m) (at) 1. Paragraphs (a) and (am) do not apply to a person to whom s. 301.45 (1m) (b) or (e) 1. 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), 301.45 (1m) (d), 938.34 (15m), 971.17 (1m) (b) 3. or 973.048 (3).

SB211,8,17 2. Paragraphs (a) and (am) do not apply to a person if a court has determined under sub. (1m) (e) 2. that the person is not required to comply with the reporting requirements under s. 301.45.

SB211, s. 14 Section 14. 938.34 (15m) (a) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 938.34 (15m) (bm) and amended to read:

SB211,9,2 938.34 (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 may require the person juvenile to comply with the reporting requirements under s. 301.45 if the court determines that it would be in the interest of public protection to have the juvenile report under s. 301.45.

SB211, s. 15 Section 15. 938.34 (15m) (b) of the statutes, as created by 1995 Wisconsin Act 440, is renumbered 938.34 (15m) (am) and amended to read:

SB211,9,11 938.34 (15m) (am) Except as provided in par. (a) (bm, 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.

SB211, 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:

SB211,9,22 971.17 (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.

SB211, 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:

SB211,10,8 971.17 (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.

SB211, s. 18 Section 18. 971.17 (1m) (b) 3. of the statutes is created to read:

SB211,10,14 971.17 (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.

SB211, 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:

SB211,10,24 973.048 (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.

SB211, 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:

SB211,11,9 973.048 (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.

SB211, s. 21 Section 21. 973.048 (3) of the statutes is created to read:

SB211,11,15 973.048 (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.

SB211, s. 22 Section 22. Effective date.

SB211,11,18 (1) This act takes effect on June 1, 1997, or on the day after publication, whichever is later.

SB211,11,19 (End)