AB597,25,169 2. The person has been convicted or found not guilty or not responsible by
10reason of mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or
11(2) or 948.025, or for the solicitation, conspiracy or attempt to commit a violation, of
12a federal law, a military law, a tribal law or a law of any state that is comparable to
13a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025. A conviction or finding
14of not guilty or not responsible by reason of mental disease or defect that has been
15reversed, set aside or vacated is not a conviction or finding for purposes of this
16subdivision.
AB597,25,2417 3. The person has, on 2 or more separate occasions, been convicted or found not
18guilty or not responsible by reason of mental disease or defect for a sex offense or for
19a violation, or the solicitation, conspiracy or attempt to commit a violation, of a
20federal law, military law, tribal law or law of any state that is comparable to a sex
21offense. A conviction or finding of not guilty or not responsible by reason of mental
22disease or defect that has been reversed, set aside or vacated is not a conviction or
23finding for purposes of determining under this subdivision whether a person has
24been convicted on 2 or more separate occasions.
AB597,26,4
14. A determination has been made as provided under 42 USC 14071 (a) (2) (A)
2or (B) that the person is a sexually violent predator, or lifetime registration by the
3person is required under measures approved by the attorney general of the United
4States under 42 USC 14071 (a) (2) (C).
AB597,26,75 (c) This subsection does not apply to a person who is required to register as a
6sex offender under one or more of the criteria specified in sub. (1g) (a), (b), (bm), (c),
7(d), (dd), (dp) or (e).
AB597, s. 63 8Section 63. 301.45 (6) (a) of the statutes is renumbered 301.45 (6) (a) (intro.)
9and amended to read:
AB597,26,1210 301.45 (6) (a) (intro.) Whoever intentionally knowingly fails to comply with any
11requirement to provide information under subs. (2) to (4) is subject to the following
12penalties:
AB597,26,14 131. For a first offense, the person may be fined not more than $10,000 or
14imprisoned for not more than 9 months or both.
AB597,26,22 15(am) Subject to s. 971.19 (9), a district attorney or, upon the request of a district
16attorney, the department of justice may prosecute a violation of this subsection
17knowing failure to comply with any requirement to provide information under subs.
18(2) to (4)
. If the department of corrections determines that there is probable cause
19to believe that a person has intentionally knowingly failed to comply with any
20requirement to provide information under subs. (2) to (4), the department shall
21forward a certified copy of all pertinent departmental information to the applicable
22district attorney. The department shall certify the copy in accordance with s. 889.08.
AB597, s. 64 23Section 64. 301.45 (6) (a) 2. of the statutes is created to read:
AB597,27,324 301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not
25more than $10,000 or imprisoned for not more than 5 years or both. For purposes

1of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing
2the offense, the person has at any time been convicted of knowingly failing to comply
3with any requirement to provide information under subs. (2) to (4).
AB597, s. 65 4Section 65. 301.45 (6) (a) 2. of the statutes, as created by 1999 Wisconsin Act
5.... (this act), is amended to read:
AB597,27,116 301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not
7more than $10,000 or imprisoned for not more than 5 years or both
is guilty of a Class
8H felony
. For purposes of this subdivision, an offense is a 2nd or subsequent offense
9if, prior to committing the offense, the person has at any time been convicted of
10knowingly failing to comply with any requirement to provide information under
11subs. (2) to (4).
AB597, s. 66 12Section 66. 301.45 (6) (d) of the statutes is created to read:
AB597,27,2113 301.45 (6) (d) Notwithstanding par. (a), a person who first became subject to
14subs. (2) to (4) under 1999 Wisconsin Act .... (this act) and who was in prison or a
15secured correctional facility or a secured child caring institution, in institutional
16care, or on probation, parole, supervision, aftercare supervision, corrective sanctions
17supervision, conditional transfer or conditional release during the period beginning
18on December 25, 1993, and ending on the effective date of this paragraph .... [revisor
19inserts date], shall be allowed until the first day of the 7th month beginning after the
20effective date of this paragraph .... [revisor inserts date], to comply with the
21requirements under subs. (2) to (4).
AB597, s. 67 22Section 67. 301.45 (6m) of the statutes is created to read:
AB597,28,723 301.45 (6m) Notice to other jurisdictions concerning noncompliance. If the
24department has reasonable grounds to believe that a person who is covered under
25sub. (1g) (f) or (g) is residing in this state, is a student in this state or is employed or

1carrying on a vocation in this state and that the person is not complying with the
2requirements of this section, the department shall notify the state agency
3responsible for the registration of sex offenders in any state in which the person is
4registered that it believes the person is not complying with the requirements of this
5section. If the person is registered with the federal bureau of investigation under 42
6USC 14072
, the department shall notify the federal bureau of investigation that it
7believes the person is not complying with the requirements of this section.
AB597, s. 68 8Section 68. 301.46 (1) of the statutes is renumbered 301.46 (1) (intro.) and
9amended to read:
AB597,28,1010 301.46 (1) Definitions. (intro.) In this section "agency:
AB597,28,13 11(a) "Agency with jurisdiction" means the state agency with the authority or
12duty to confine or supervise a person or release or discharge a person from
13confinement.
AB597, s. 69 14Section 69. 301.46 (1) (b) of the statutes is created to read:
AB597,28,1515 301.46 (1) (b) "Sex offense" has the meaning given in s. 301.45 (1d) (b).
AB597, s. 70 16Section 70. 301.46 (2) (b) 7. of the statutes is repealed.
AB597, s. 71 17Section 71. 301.46 (2m) (a) of the statutes is amended to read:
AB597,29,1118 301.46 (2m) (a) If an agency with jurisdiction confines a person under s.
19301.046, provides a person entering the intensive sanctions program under s.
20301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases
21a person from confinement in a state correctional institution or institutional care,
22and the person has, on one occasion only, been convicted or found not guilty or not
23responsible by reason of mental disease or defect for any violation, or for the
24solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225
25(1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07,

1948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the
2person was not the victim's parent,
a sex offense or for a violation of a law of this state
3that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2),
4948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or that is
5comparable to s. 940.30 or 940.31 if the victim was a minor and the person was not
6the victim's parent
a sex offense, the agency with jurisdiction may notify the police
7chief of any community and the sheriff of any county in which the person will be
8residing, employed or attending school if the agency with jurisdiction determines
9that such notification is necessary to protect the public. Notification under this
10paragraph may be in addition to providing access to information under sub. (2) or to
11any other notification that an agency with jurisdiction is authorized to provide.
AB597, s. 72 12Section 72. 301.46 (2m) (am) of the statutes is amended to read:
AB597,30,313 301.46 (2m) (am) If an agency with jurisdiction confines a person under s.
14301.046, provides a person entering the intensive sanctions program under s.
15301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases
16a person from confinement in a state correctional institution or institutional care,
17and the person has been found to be a sexually violent person under ch. 980 or has,
18on 2 or more separate occasions, been convicted or found not guilty or not responsible
19by reason of mental disease or defect for any violation, or for the solicitation,
20conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3),
21944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.11
22or
a sex offense or for a violation of a law of this state that is comparable to s. 940.22
23(2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
24948.07, 948.08 or 948.11
a sex offense, the agency with jurisdiction shall notify the
25police chief of any community and the sheriff of any county in which the person will

1be residing, employed or attending school. Notification under this paragraph shall
2be in addition to providing access to information under sub. (2) and to any other
3notification that an agency with jurisdiction is authorized to provide.
AB597, s. 73 4Section 73. 301.46 (2m) (b) 1m. of the statutes is created to read:
AB597,30,85 301.46 (2m) (b) 1m. Notice that, beginning on the first day of the 13th month
6beginning after publication .... [revisor inserts date], information concerning persons
7registered under s. 301.45 will be available on the Internet site established by the
8department under sub. (5n).
AB597, s. 74 9Section 74. 301.46 (3) (c) of the statutes is amended to read:
AB597,30,1510 301.46 (3) (c) The notice under par. (b) shall be a written notice to the victim
11or member of the victim's family that the person required to register under s. 301.45
12and specified in the information provided under par. (d) has been registered or, if
13applicable, has provided the department with updated information under s. 301.45
14(4). The notice shall contain the information specified in sub. (2) (b) 1., 5., 6., 7. and
1510. or, if applicable, the updated information.
AB597, s. 75 16Section 75. 301.46 (4) (b) 3. of the statutes is repealed.
AB597, s. 76 17Section 76. 301.46 (5) (b) 2. of the statutes is repealed.
AB597, s. 77 18Section 77. 301.46 (5n) of the statutes is created to read:
AB597,31,419 301.46 (5n) Internet access. No later than the first day of the 13th month
20beginning after the effective date of this subsection .... [revisor inserts date], the
21department shall provide access to information concerning persons registered under
22s. 301.45 by creating and maintaining an Internet site and by any other means that
23the department determines is appropriate. The information provided through the
24Internet site shall be organized in a manner that allows a person using the Internet
25site to obtain the information that the department is required to provide the person

1under sub. (2), (2m), (3), (4) or (5) and other information that the department
2determines is necessary to protect the public. The department shall keep the
3information provided on the Internet site and in other means used to allow access to
4the information secure against unauthorized alteration.
AB597, s. 78 5Section 78. 301.46 (6) (a) of the statutes is amended to read:
AB597,31,96 301.46 (6) (a) Except as provided in par. (b), the department or an agency with
7jurisdiction may provide notice of or access to information under subs. (2) to (5)
8concerning a person registered under s. 301.45 only during the period under s. 301.45
9(5) or (5m) for which the person is required to comply with s. 301.45.
AB597, s. 79 10Section 79. 938.185 (3) of the statutes is renumbered 938.185 (3) (intro.) and
11amended to read:
AB597,31,1712 938.185 (3) (intro.) Venue for a proceeding under s. 938.12 or 938.13 (12) based
13on an alleged violation of s. 301.45 (6) (a) may be in the juvenile's county of residence
14at the time that the petition is filed or, if. If the juvenile does not have a county of
15residence in this state at the time that the petition is filed, any or if the juvenile's
16county of residence is unknown at the time that the petition is filed, venue for the
17proceeding may be in any of the following counties:
AB597,31,18 18(a) Any county in which the juvenile has resided while subject to s. 301.45.
AB597, s. 80 19Section 80. 938.185 (3) (b), (c) and (d) of the statutes are created to read:
AB597,31,2220 938.185 (3) (b) The county in which the juvenile was adjudicated delinquent
21or found not responsible by reason of mental disease or defect for the sex offense that
22requires the juvenile to register under s. 301.45.
AB597,31,2423 (c) If the juvenile is required to register under s. 301.45 (1g) (dt), the county in
24which the juvenile was found to be a sexually violent person under ch. 980.
AB597,32,3
1(d) If the juvenile is required to register only under s. 301.45 (1g) (f) or (g), any
2county in which the juvenile has been a student in this state or has been employed
3or carrying on a vocation in this state.
AB597, s. 81 4Section 81. 938.34 (15m) (bm) of the statutes is amended to read:
AB597,32,125 938.34 (15m) (bm) If the juvenile is adjudicated delinquent on the basis of a
6violation, or the solicitation, conspiracy or attempt to commit a violation, of s. 940.22
7(2),
940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
8948.07, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 or 948.30, or of s. 940.30
9or 940.31 if the victim was a minor and the juvenile was not the victim's parent, the
10court shall require the juvenile to comply with the reporting requirements under s.
11301.45 unless the court determines, after a hearing on a motion made by the juvenile,
12that the juvenile is not required to comply under s. 301.45 (1m).
AB597, s. 82 13Section 82. 938.34 (15m) (d) of the statutes is created to read:
AB597,32,1614 938.34 (15m) (d) If the court orders a juvenile to comply with the reporting
15requirements under s. 301.45, the court may order the juvenile to continue to comply
16with the reporting requirements until his or her death.
AB597, s. 83 17Section 83. 938.34 (15m) (e) of the statutes is created to read:
AB597,32,2418 938.34 (15m) (e) If the court orders a juvenile to comply with the reporting
19requirements under s. 301.45, the clerk of the court in which the order is entered
20shall promptly forward a copy of the order to the department of corrections. If the
21finding of delinquency on which the order is based is reversed, set aside or vacated,
22the clerk of the court shall promptly forward to the department of corrections a
23certificate stating that the finding of delinquency has been reversed, set aside or
24vacated.
AB597, s. 84 25Section 84. 938.345 (3) of the statutes is created to read:
AB597,33,9
1938.345 (3) (a) If the court finds that a juvenile is in need of protection or
2services on the basis of a violation, or the solicitation, conspiracy or attempt to
3commit a violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may
4require the juvenile to comply with the reporting requirements under s. 301.45 if the
5court determines that the underlying conduct was sexually motivated, as defined in
6s. 980.01 (5), and that it would be in the interest of public protection to have the
7juvenile report under s. 301.45. In determining whether it would be in the interest
8of public protection to have the juvenile report under s. 301.45, the court may
9consider any of the following:
AB597,33,1110 1. The ages, at the time of the violation, of the juvenile and the victim of the
11violation.
AB597,33,1212 2. The relationship between the juvenile and the victim of the violation.
AB597,33,1413 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to
14the victim.
AB597,33,1715 4. Whether the victim suffered from a mental illness or mental deficiency that
16rendered him or her temporarily or permanently incapable of understanding or
17evaluating the consequences of his or her actions.
AB597,33,1818 5. The probability that the juvenile will commit other violations in the future.
AB597,33,2019 6. Any other factor that the court determines may be relevant to the particular
20case.
AB597,33,2321 (b) If the court orders a juvenile to comply with the reporting requirements
22under s. 301.45, the court may order the juvenile to continue to comply with the
23reporting requirements until his or her death.
AB597,34,424 (c) If the court orders a juvenile to comply with the reporting requirements
25under s. 301.45, the clerk of the court in which the order is entered shall promptly

1forward a copy of the order to the department of corrections. If the finding of need
2of protection or services on which the order is based is reversed, set aside or vacated,
3the clerk of the court shall promptly forward to the department of corrections a
4certificate stating that the finding has been reversed, set aside or vacated.
AB597, s. 85 5Section 85. 938.396 (2) (em) of the statutes is amended to read:
AB597,34,126 938.396 (2) (em) Upon request of the department to review court records for the
7purpose of obtaining information concerning a child required to register under s.
8301.45, the court shall open for inspection by authorized representatives of the
9department the records of the court relating to any child who has been adjudicated
10delinquent or found not responsible by reason of mental disease or defect for an
11offense specified in s. 301.45 (1) (1g) (a). The department may disclose information
12that it obtains under this paragraph as provided under s. 301.46.
AB597, s. 86 13Section 86. 939.615 (6) (i) of the statutes is created to read:
AB597,34,1914 939.615 (6) (i) If the court grants a petition requesting termination of lifetime
15supervision and the person is registered with the department under s. 301.45, the
16court may also order that the person is no longer required to comply with the
17reporting requirements under s. 301.45. This paragraph does not apply to a person
18who must continue to comply with the reporting requirements for life under s. 301.45
19(5) (b) or for as long as he or she is in this state under s. 301.45 (5m) (b).
AB597, s. 87 20Section 87. 942.06 (2m) (a) of the statutes is amended to read:
AB597,34,2321 942.06 (2m) (a) An employe or agent of the department of corrections who
22conducts a lie detector test of a probationer, parolee or person on extended
23supervision under the rules promulgated
sex offender under s. 301.132.
AB597, s. 88 24Section 88. 942.06 (2q) (a) (intro.) of the statutes is amended to read:
AB597,35,4
1942.06 (2q) (a) (intro.) An employe or agent of the department of corrections
2who discloses, to any of the following, the fact that a probationer, parolee or person
3on extended supervision
sex offender has had a lie detector test under the rules
4promulgated
under s. 301.132 or the results of such a lie detector test:
AB597, s. 89 5Section 89. 971.17 (1m) (b) 2m. of the statutes is amended to read:
AB597,35,146 971.17 (1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason
7of mental disease or defect for a violation, or for the solicitation, conspiracy or
8attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
9(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.095, 948.11 (2) (a) or
10(am), 948.12, 948.13
or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and
11the defendant was not the victim's parent, the court shall require the defendant to
12comply with the reporting requirements under s. 301.45 unless the court determines,
13after a hearing on a motion made by the defendant, that the defendant is not required
14to comply under s. 301.45 (1m).
AB597, s. 90 15Section 90. 971.17 (1m) (b) 4. of the statutes is created to read:
AB597,35,1816 971.17 (1m) (b) 4. If the court orders a defendant to comply with the reporting
17requirements under s. 301.45, the court may order the defendant to continue to
18comply with the reporting requirements until his or her death.
AB597, s. 91 19Section 91. 971.17 (1m) (b) 5. of the statutes is created to read:
AB597,36,220 971.17 (1m) (b) 5. If the court orders a defendant to comply with the reporting
21requirements under s. 301.45, the clerk of the court in which the order is entered
22shall promptly forward a copy of the order to the department of corrections. If the
23finding of not guilty by reason of mental disease or defect on which the order is based
24is reversed, set aside or vacated, the clerk of the court shall promptly forward to the

1department of corrections a certificate stating that the finding has been reversed, set
2aside or vacated.
AB597, s. 92 3Section 92. 971.19 (9) of the statutes is renumbered 971.19 (9) (intro.) and
4amended to read:
AB597,36,105 971.19 (9) (intro.) In an action under s. 301.45 (6) (a), the defendant may be
6tried in the defendant's county of residence at the time that the complaint is filed or,
7if
. If the defendant does not have a county of residence in this state at the time that
8the complaint is filed, any or if the defendant's county of residence is unknown at the
9time that the complaint is filed, the defendant may be tried in any of the following
10counties:
AB597,36,11 11(a) Any county in which he or she has resided while subject to s. 301.45.
AB597, s. 93 12Section 93. 971.19 (9) (b), (c) and (d) of the statutes are created to read:
AB597,36,1513 971.19 (9) (b) The county in which he or she was convicted, found not guilty or
14not responsible by reason of mental disease or defect or adjudicated delinquent for
15the sex offense that requires the person to register under s. 301.45.
AB597,36,1716 (c) If the defendant is required to register under s. 301.45 (1g) (dt), the county
17in which the person was found to be a sexually violent person under ch. 980.
AB597,36,2018 (d) If the person is required to register only under s. 301.45 (1g) (f) or (g), any
19county in which the person has been a student in this state or has been employed or
20carrying on a vocation in this state.
AB597, s. 94 21Section 94. 973.048 (2m) of the statutes is amended to read:
AB597,37,422 973.048 (2m) If a court imposes a sentence or places a person on probation for
23a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s.
24940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055,
25948.06, 948.07, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 or 948.30, or

1of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's
2parent, the court shall require the person to comply with the reporting requirements
3under s. 301.45 unless the court determines, after a hearing on a motion made by the
4person, that the person is not required to comply under s. 301.45 (1m).
AB597, s. 95 5Section 95. 973.048 (4) of the statutes is created to read:
AB597,37,86 973.048 (4) If the court orders a person to comply with the reporting
7requirements under s. 301.45, the court may order the person to continue to comply
8with the reporting requirements until his or her death.
AB597, s. 96 9Section 96. 973.048 (5) of the statutes is created to read:
AB597,37,1510 973.048 (5) If the court orders a person to comply with the reporting
11requirements under s. 301.45, the clerk of the court in which the order is entered
12shall promptly forward a copy of the order to the department of corrections. If the
13conviction on which the order is based is reversed, set aside or vacated, the clerk of
14the court shall promptly forward to the department of corrections a certificate stating
15that the conviction has been reversed, set aside or vacated.
AB597, s. 97 16Section 97. Nonstatutory provisions.
AB597,37,1817 (1) Persons registered as sex offenders based on being found in need of
18protection or services
.
AB597,38,219 (a) Notwithstanding section 301.45 (1) (a), 1997 stats., no later than the first
20day of the 7th month beginning after the effective date of this paragraph, the
21department of corrections shall, except as provided in paragraphs (d) and (e), purge
22all of the information maintained in the sex offender registry under section 301.45
23of the statutes, as affected by this act, concerning a person who is registered as a sex
24offender on the effective date of this paragraph solely because the person had been

1found in need of protection or services on or after December 25, 1993, for an offense
2specified in section 301.45 (1) (a), 1997 stats.
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