SB211,5,1311
301.45
(1) (e) Is ordered by a court under
sub. (1m) (d) or s. 51.20 (13) (ct),
12938.34 (15m), 971.17 (1m) (b)
2. 1m. or 3. or 973.048
(1m) or (3) to comply with the
13reporting requirements under this section.
SB211, s. 9
14Section
9. 301.45 (1m) of the statutes is created to read:
SB211,5,1515
301.45
(1m) Exception to registration requirement. (a) In this subsection:
SB211,5,1616
1. "Adult" means a person who has attained the age of 17.
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2. "consent" has the meaning given in s. 940.225 (4).
SB211,5,1818
3. "Juvenile" means a person who has not attained the age of 17.
SB211,5,2019
(b) An adult is not required to comply with the reporting requirements under
20this section if a court determines that all of the following apply:
SB211,5,2421
1. The person meets any of the criteria under sub. (1) (a) to (dt) based on any
22violation, or on the solicitation, conspiracy or attempt to commit any violation, of s.
23948.02 (1) or (2) or 948.025 or of a law of another state that is comparable to s. 948.02
24(1) or (2) or 948.025.
SB211,6,4
12. At the time of the violation, or of the solicitation, conspiracy or attempt to
2commit the violation, of s. 948.02 (1) or (2) or 948.025 or of a law of another state that
3is comparable to s. 948.02 (1) or (2) or 948.025, the person was not more than 4 years
4older or not more than 4 years younger than the child.
SB211,6,55
3. The child consented to the sexual contact or sexual intercourse.
SB211,6,166
(c) If a person who is complying with the reporting requirements under this
7section believes that he or she is not required under par. (b) to comply with the
8reporting requirements and the person has not been ordered under s. 971.17 (1m) (b)
9or 973.048 to comply with the reporting requirements, the person may move a court
10to make the determination of whether par. (b) applies to the person. A motion made
11under this paragraph shall be filed with the circuit court for the county in which the
12person was convicted or found not guilty by reason of mental disease or defect, except
13that if the person meets the criteria of sub. (1) (dh) the person shall file the motion
14in the circuit court for the county in which he or she resides. A court shall hold a
15hearing on a motion made by a person under this paragraph. A person may make
16only one motion under this paragraph.
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(d) Notwithstanding par. (b), if a court determines after a hearing under par.
18(c) that the person is not required to comply with the reporting requirements under
19this section, the court may order the person to comply with the reporting
20requirements if the court determines that it would be in the interest of public
21protection to have the person report under this section.
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(e) 1. Except as provided in subd. 2., a juvenile who meets any of the criteria
23under sub. (1) (a) to (dt) is not required to comply with the reporting requirements
24under this section.
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12. Notwithstanding s. 301.45 (1) (a) to (dt), a juvenile who is complying with
2the reporting requirements under this section on the effective date of the subdivision
3.... [revisor inserts date], because he or she was covered under s. 301.45 (1) (a) to (dt),
41995 stats., shall comply with the reporting requirements unless the juvenile files
5a motion in the circuit court for the county in which the person was adjudicated
6delinquent, found in need of protection or services or found not responsible by reason
7of mental disease or defect and, after a hearing on the motion, the court determines
8that it is not necessary, in the interest of public protection, to have the juvenile report
9under this section. A juvenile may make only one motion under this subdivision.
SB211,7,1412
301.45
(7) (c) A person about whom information is maintained in the registry
13under sub. (2) may request expungement of all pertinent information in the registry
14on if any of the
grounds that his or her following apply:
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151m. The person's conviction, delinquency adjudication, finding of need of
16protection or services or commitment has been reversed, set aside or vacated.
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17(d) The department shall purge all of
that the information
maintained in the
18registry under sub. (2) concerning a person to whom par. (c) applies if the department
19receives all of the following:
SB211, s. 11
20Section
11. 301.45 (7) (c) 1. and 2. of the statutes, as affected by
1995 Wisconsin
21Act 440, are renumbered 301.45 (7) (d) 1. and 2., and 301.45 (7) (d) 2., as renumbered,
22is amended to read:
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301.45
(7) (d) 2. A certified copy of the court order reversing, setting aside or
24vacating the conviction, delinquency adjudication, finding of need of protection or
1services or commitment
or a certified copy of the court's determination under sub.
2(1m) (c) or (e) 2., whichever is applicable.
SB211, s. 12
3Section
12. 301.45 (7) (c) 2m. and 3m. of the statutes are created to read:
SB211,8,74
301.45
(7) (c) 2m. A court has determined under sub. (1m) (c) that the person
5is not required to comply with the reporting requirements under this section and the
6court has not ordered the person to comply with the reporting requirements under
7sub. (1m) (d).
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3m. A court has determined under sub. (1m) (e) 2. that the person is not
9required to comply with the reporting requirements under this section.
SB211, s. 13
10Section
13. 301.46 (2m) (at) of the statutes is created to read:
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301.46
(2m) (at) 1. Paragraphs (a) and (am) do not apply to a person to whom
12s. 301.45 (1m) (b) or (e) 1. applies unless the person is required to comply with the
13reporting requirements under s. 301.45 by a court acting under s. 51.20 (13) (ct),
14301.45 (1m) (d), 938.34 (15m), 971.17 (1m) (b) 3. or 973.048 (3).
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2. Paragraphs (a) and (am) do not apply to a person if a court has determined
16under sub. (1m) (e) 2. that the person is not required to comply with the reporting
17requirements under s. 301.45.
SB211,9,220
938.34
(15m) (bm) If the
child juvenile is adjudicated delinquent on the basis
21of a violation, or the solicitation, conspiracy or attempt to commit a violation, of s.
22940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
23948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor
24and the
child juvenile was not the victim's parent, the court
shall may require the
25person juvenile to comply with the reporting requirements under s. 301.45
if the
1court determines that it would be in the interest of public protection to have the
2juvenile report under s. 301.45.
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938.34
(15m) (am) Except as provided in par.
(a) (bm, if the
child juvenile is
6adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy
7or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15,
8the court may require the
child juvenile to comply with the reporting requirements
9under s. 301.45 if the court determines that the underlying conduct was sexually
10motivated, as defined in s. 980.01 (5), and that it would be in the interest of public
11protection to have the
child juvenile report under s. 301.45.
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971.17
(1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason
15of mental disease or defect for a violation, or for the solicitation, conspiracy or
16attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
17(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s.
18940.30 or 940.31 if the victim was a minor and the defendant was not the victim's
19parent, the court shall require the defendant to comply with the reporting
20requirements under s. 301.45
unless the court determines, after a hearing on a
21motion made by the defendant, that the defendant is not required to comply under
22s. 301.45 (1m), in which case subd. 3. applies.
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1971.17
(1m) (b) 1m. Except as provided in
subd. 1. subds. 2m. and 3., if the
2defendant under sub. (1) is found not guilty by reason of mental disease or defect for
3any violation, or for the solicitation, conspiracy or attempt to commit any violation,
4of ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the defendant to
5comply with the reporting requirements under s. 301.45 if the court determines that
6the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that
7it would be in the interest of public protection to have the defendant report under s.
8301.45.
SB211, s. 18
9Section
18. 971.17 (1m) (b) 3. of the statutes is created to read:
SB211,10,1410
971.17
(1m) (b) 3. If the court determines under subd. 2m. that the defendant
11is not required to comply with the reporting requirements under s. 301.45, the court
12may order the defendant to comply with the reporting requirements if the court
13determines that it would be in the interest of public protection to have the defendant
14report under s. 301.45.
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973.048
(2m) If a court imposes a sentence or places a person on probation for
18a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s.
19940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055,
20948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was
21a minor and the person was not the victim's parent, the court shall require the person
22to comply with the reporting requirements under s. 301.45
unless the court
23determines, after a hearing on a motion made by the person, that the person is not
24required to comply under s. 301.45 (1m), in which case sub. (3) applies.
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973.048
(1m) Except as provided in
sub. (1) subs. (2m) and (3), if a court
4imposes a sentence or places a person on probation for any violation, or for the
5solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948
6or ss. 943.01 to 943.15, the court may require the person to comply with the reporting
7requirements under s. 301.45 if the court determines that the underlying conduct
8was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest
9of public protection to have the person report under s. 301.45.
SB211, s. 21
10Section
21. 973.048 (3) of the statutes is created to read:
SB211,11,1511
973.048
(3) If the court determines under sub. (2m) that the person is not
12required to comply with the reporting requirements under s. 301.45, the court may
13order the person to comply with the reporting requirements if the court determines
14that it would be in the interest of public protection to have the person report under
15s. 301.45.
SB211,11,1817
(1)
This act takes effect on June 1, 1997, or on the day after publication,
18whichever is later.