AB613: Bill Text

AB613,35,4 709.03 (form) GM.

AB613,35,5 NOTICE REGARDING ACCESS TO THE

AB613,35,6 SEX OFFENDER REGISTRY

AB613,35,15 GM. Anyone may obtain information from the department of corrections about persons required to register with the sex offender registry under section 301.45, Wisconsin Statutes. The department of corrections provides access to the information on the Internet and by other means. THE PROSPECTIVE BUYER MAY WISH TO OBTAIN INFORMATION ABOUT ANY PERSON REGISTERED WITH THE SEX OFFENDER REGISTRY WHO RESIDES IN THE NEIGHBORHOOD OR COMMUNITY IN WHICH THIS PROPERTY IS LOCATED. FOR MORE INFORMATION, CONTACT THE DEPARTMENT OF CORRECTIONS AT (ADDRESS), (TELEPHONE NUMBER), (INTERNET ADDRESS).

AB613, s. 85 Section 85. 709.05 (1) of the statutes is amended to read:

AB613,36,5 709.05 (1) Except as provided in sub. (2) (b), if a buyer receives a report after submission of a contract of sale or option contract to the owner or the owner's agent, the buyer may, after receipt of that report by the prospective buyer and before the applicable deadline, rescind in writing a contract of sale or option contract if a defect, as defined in the report, is disclosed, or if the buyer learns that a person who is required to register as a sex offender under s. 301.45 resides, is employed or attends school within one-eighth of a mile of the property, without any liability on his or her part, and a buyer is entitled to the return of any deposits or option fees paid in the transaction. A prospective buyer who receives a report that is incomplete or that contains an inaccurate assertion that an item is not applicable and who is not aware of the defects that the owner failed to disclose may, within 2 business days after receipt of that report, rescind in writing a contract of sale or option contract without any liability on his or her part and is entitled to the return of any deposits or option fees paid in the transaction.

AB613, s. 86 Section 86. 709.05 (2) (b) of the statutes is amended to read:

AB613,36,13 709.05 (2) (b) A buyer may not rescind a contract of sale or option contract under this section on the basis of a defect disclosed in a report, amended report or amendment to a report, or on the basis of knowledge about a person who is required to register as a sex offender under s. 301.45, if the buyer was aware, or had written notice, of the nature and extent of the defect, or of the person's proximate residence, employment or attendance at school, at the time the contract of sale or option contract was submitted to the owner or the owner's agent.

AB613, s. 87 Section 87. 709.09 of the statutes is created to read:

AB613,36,18 709.09 No duty to disclose information; no liability. (1) In regard to transfers described in s. 709.01, if the owner of the property or his or her agent provides to a prospective buyer a report under s. 709.03 that contains the information specified in s. 709.03 (form) GM., all of the following apply:

AB613,36,22 (a) The owner or agent has no duty to disclose to the prospective buyer any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.

AB613,36,25 (b) The owner or agent is not liable to the buyer or any person on the property with the permission of the buyer for damages resulting from the actions of a person required to register as a sex offender under s. 301.45.

AB613,37,5 (2) This section shall not be construed to impose any liability on an owner or his or her agent that did not exist under common law on the effective date of this subsection .... [revisor inserts date]. This section shall not be construed to protect an owner or his or her agent from suit or liability for any damage, loss or injury caused by the intentional or wanton misconduct of the owner or his or her agent.

AB613, s. 88 Section 88. 710.20 of the statutes is created to read:

AB613,37,11 710.20 Notice of access to sex offender registry; no duty to disclose information. (1) If, before a prospective buyer submits a contract of sale or option contract in a potential transfer by sale, exchange or land contract of real property other than that described in s. 709.01 (1), the owner of the property or his or her agent provides to the prospective buyer the notice under sub. (2), all of the following apply:

AB613,37,15 (a) The owner or agent has no duty to disclose to the prospective buyer any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.

AB613,37,18 (b) The owner or agent is not liable to the buyer, or to any person on the property with the permission of the buyer, for damages resulting from the actions of a person required to register as a sex offender under s. 301.45.

AB613,37,20 (2) The notice referred to in sub. (1) (intro.) shall be in substantially the following form:

AB613,37,21 NOTICE REGARDING ACCESS TO THE

AB613,37,22 SEX OFFENDER REGISTRY

AB613,38,6 Anyone may obtain information from the department of corrections about persons required to register with the sex offender registry under section 301.45, Wisconsin Statutes. The department of corrections provides access to the information on the Internet and by other means. THE PROSPECTIVE BUYER MAY WISH TO OBTAIN INFORMATION ABOUT ANY PERSON REGISTERED WITH THE SEX OFFENDER REGISTRY WHO RESIDES IN THE NEIGHBORHOOD OR COMMUNITY IN WHICH THIS PROPERTY IS LOCATED. FOR MORE INFORMATION, CONTACT THE DEPARTMENT OF CORRECTIONS AT (ADDRESS), (TELEPHONE NUMBER), (INTERNET ADDRESS).

AB613,38,12 (3) This section shall not be construed to impose any liability on a property owner or his or her agent that did not exist under common law on the effective date of this subsection .... [revisor inserts date]. This section shall not be construed to protect an owner or his or her agent from suit or liability for any damage, loss or injury caused by the intentional or wanton misconduct of the owner or his or her agent.

AB613, s. 89 Section 89. 938.185 (3) of the statutes is renumbered 938.185 (3) (intro.) and amended to read:

AB613,38,20 938.185 (3) (intro.) Venue for a proceeding under s. 938.12 or 938.13 (12) based on an alleged violation of s. 301.45 (6) (a) may be in the juvenile's county of residence at the time that the petition is filed or, if. If the juvenile does not have a county of residence in this state at the time that the petition is filed, any or if the juvenile's county of residence is unknown at the time that the petition is filed, venue for the proceeding may be in any of the following counties:

AB613,38,21 (a) Any county in which the juvenile has resided while subject to s. 301.45.

AB613, s. 90 Section 90. 938.185 (3) (b), (c) and (d) of the statutes are created to read:

AB613,38,25 938.185 (3) (b) The county in which the juvenile was adjudicated delinquent or found not responsible by reason of mental disease or defect for the sex offense that requires the juvenile to register under s. 301.45.

AB613,39,2 (c) If the juvenile is required to register under s. 301.45 (1g) (dt), the county in which the juvenile was found to be a sexually violent person under ch. 980.

AB613,39,5 (d) If the juvenile is required to register only under s. 301.45 (1g) (f) or (g), any county in which the juvenile has been a student in this state or has been employed or carrying on a vocation in this state.

AB613, s. 91 Section 91. 938.34 (15m) (bm) of the statutes is amended to read:

AB613,39,14 938.34 (15m) (bm) If the juvenile is adjudicated delinquent on the basis of a violation, or 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, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the juvenile was not the victim's parent, the court shall require the 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).

AB613, s. 92 Section 92. 938.34 (15m) (d) of the statutes is created to read:

AB613,39,18 938.34 (15m) (d) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the court may order the juvenile to continue to comply with the reporting requirements until his or her death.

AB613, s. 93 Section 93. 938.34 (15m) (e) of the statutes is created to read:

AB613,40,2 938.34 (15m) (e) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of delinquency on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding of delinquency has been reversed, set aside or vacated.

AB613, s. 94 Section 94. 938.345 (3) of the statutes is created to read:

AB613,40,12 938.345 (3) (a) If the court finds that a juvenile is in need of protection or services on the basis of a violation, or the solicitation, conspiracy or attempt to commit a violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the 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 juvenile report under s. 301.45. In determining whether it would be in the interest of public protection to have the juvenile report under s. 301.45, the court may consider any of the following:

AB613,40,14 1. The ages, at the time of the violation, of the juvenile and the victim of the violation.

AB613,40,15 2. The relationship between the juvenile and the victim of the violation.

AB613,40,17 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

AB613,40,20 4. Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.

AB613,40,21 5. The probability that the juvenile will commit other violations in the future.

AB613,40,23 6. Any other factor that the court determines may be relevant to the particular case.

AB613,41,3 (b) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the court may order the juvenile to continue to comply with the reporting requirements until his or her death.

AB613,41,9 (c) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of need of protection or services on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside or vacated.

AB613, s. 95 Section 95. 938.396 (2) (em) of the statutes is amended to read:

AB613,41,17 938.396 (2) (em) Upon request of the department to review court records for the purpose of obtaining information concerning a child required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department the records of the court relating to any child who has been adjudicated delinquent or found not responsible by reason of mental disease or defect for an offense specified in s. 301.45 (1) (1g) (a). The department may disclose information that it obtains under this paragraph as provided under s. 301.46.

AB613, s. 96 Section 96. 939.615 (6) (i) of the statutes is created to read:

AB613,41,24 939.615 (6) (i) If the court grants a petition requesting termination of lifetime supervision and the person is registered with the department under s. 301.45, the court may also order that the person is no longer required to comply with the reporting requirements under s. 301.45. This paragraph does not apply to a person who must continue to comply with the reporting requirements for life under s. 301.45 (5) (b) or for as long as he or she is in this state under s. 301.45 (5m) (b).

AB613, s. 97 Section 97. 942.06 (2m) (a) of the statutes is amended to read:

AB613,42,3 942.06 (2m) (a) An employe or agent of the department of corrections who conducts a lie detector test of a probationer, parolee or person on extended supervision under the rules promulgated sex offender under s. 301.132.

AB613, s. 98 Section 98. 942.06 (2q) (a) (intro.) of the statutes is amended to read:

AB613,42,8 942.06 (2q) (a) (intro.) An employe or agent of the department of corrections who discloses, to any of the following, the fact that a probationer, parolee or person on extended supervision sex offender has had a lie detector test under the rules promulgated under s. 301.132 or the results of such a lie detector test:

AB613, s. 99 Section 99. 971.17 (1m) (b) 2m. of the statutes is amended to read:

AB613,42,18 971.17 (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, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 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).

AB613, s. 100 Section 100. 971.17 (1m) (b) 4. of the statutes is created to read:

AB613,42,22 971.17 (1m) (b) 4. If the court orders a defendant to comply with the reporting requirements under s. 301.45, the court may order the defendant to continue to comply with the reporting requirements until his or her death.

AB613, s. 101 Section 101. 971.17 (1m) (b) 5. of the statutes is created to read:

AB613,43,5 971.17 (1m) (b) 5. If the court orders a defendant to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of not guilty by reason of mental disease or defect on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside or vacated.

AB613, s. 102 Section 102. 971.19 (9) of the statutes is renumbered 971.19 (9) (intro.) and amended to read:

AB613,43,13 971.19 (9) (intro.) In an action under s. 301.45 (6) (a), the defendant may be tried in the defendant's county of residence at the time that the complaint is filed or, if. If the defendant does not have a county of residence in this state at the time that the complaint is filed, any or if the defendant's county of residence is unknown at the time that the complaint is filed, the defendant may be tried in any of the following counties:

AB613,43,14 (a) Any county in which he or she has resided while subject to s. 301.45.

AB613, s. 103 Section 103. 971.19 (9) (b), (c) and (d) of the statutes are created to read:

AB613,43,18 971.19 (9) (b) The county in which he or she was convicted, found not guilty or not responsible by reason of mental disease or defect or adjudicated delinquent for the sex offense that requires the person to register under s. 301.45.

AB613,43,20 (c) If the defendant is required to register under s. 301.45 (1g) (dt), the county in which the person was found to be a sexually violent person under ch. 980.

AB613,43,23 (d) If the person is required to register only under s. 301.45 (1g) (f) or (g), any county in which the person has been a student in this state or has been employed or carrying on a vocation in this state.

AB613, s. 104 Section 104. 973.048 (2m) of the statutes is amended to read:

AB613,44,8 973.048 (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, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13 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).

AB613, s. 105 Section 105. 973.048 (4) of the statutes is created to read:

AB613,44,12 973.048 (4) If the court orders a person to comply with the reporting requirements under s. 301.45, the court may order the person to continue to comply with the reporting requirements until his or her death.

AB613, s. 106 Section 106. 973.048 (5) of the statutes is created to read:

AB613,44,19 973.048 (5) If the court orders a person to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the conviction on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the conviction has been reversed, set aside or vacated.

AB613, s. 107 Section 107. Nonstatutory provisions.

AB613,44,22 (1) Persons registered as sex offenders based on being found in need of protection or services.

AB613,45,5 (a) Notwithstanding section 301.45 (1) (a), 1997 stats., no later than the first day of the 7th month beginning after the effective date of this paragraph, the department of corrections shall, except as provided in paragraphs (d) and (e), purge all of the information maintained in the sex offender registry under section 301.45 of the statutes, as affected by this act, concerning a person who is registered as a sex offender on the effective date of this paragraph solely because the person had been found in need of protection or services on or after December 25, 1993, for an offense specified in section 301.45 (1) (a), 1997 stats.

AB613,45,12 (b) No later the first day of the 3rd month beginning after the effective date of this paragraph, the department of corrections shall, with respect to each person registered as a sex offender who is covered by the purgation requirement under paragraph (a), notify the county department of social services or the county department of human services, whichever is applicable, of the county of the court that found the person in need of protection or services that the information in the sex offender registry is subject to being purged under paragraph (a).

AB613,46,3 (c) A county department of social services or county department of human services that receives a notice from the department of corrections under paragraph (b) concerning a person registered as a sex offender shall decide whether to petition the court that found the person in need of protection or services for an order requiring the person to continue complying with the reporting requirements under section 301.45 of the statutes, as affected by this act. The county department shall make the decision no later than the first day of the 5th month beginning after the effective date of this paragraph and shall immediately inform the department of corrections of its decision. If the county department decides that it does not want to petition the court for an order requiring a person to continue to comply with section 301.45 of the statutes, as affected by this act, the department of corrections shall purge the information concerning the person in the sex offender registry as provided under paragraph (a). If a county department decides that it wants to petition the court, it shall request the district attorney or corporation counsel to file the petition, and the district attorney or corporation counsel shall proceed as provided under paragraph (d).

AB613,46,13 (d) A district attorney or corporation counsel who is requested to file a petition under paragraph (c) shall file the petition in the court that found the person in need of protection or services no later than the first day of the 6th month beginning after the effective date of this paragraph. The district attorney or corporation counsel shall serve a copy of the petition on the person and, if the person has not attained the age of 18 years, on the parents, guardian or legal custodian of the person. The district attorney or corporation counsel shall also inform the department of corrections that he or she has filed the petition. If it receives notice that a petition has been filed under this paragraph, the department of corrections may not purge the information about the person in the sex offender registry except as provided under paragraph (e).

AB613,47,4 (e) The court in which a petition is filed under paragraph (d) shall hold a hearing on the petition, at which it may allow the county department that requested the petition to be filed and the person to present evidence on whether it is in the interest of public protection to have the person continue to register as a sex offender. The court shall decide whether to grant or to deny the petition and shall provide written notification of its decision to the department of corrections no later than the first day of the 10th month beginning after the effective date of this paragraph. In deciding whether to grant or to deny the petition, the court may consider any of the factors specified under section 938.345 (3) (a) of the statutes, as created by this act. If the court grants the petition, the department of corrections shall continue to maintain the information in the sex offender registry about the person as provided under section 301.45 of the statutes, as affected by this act, and may not purge the information under paragraph (a ). If the court denies the petition, the department of corrections shall purge the information in the sex offender registry about the person as provided under paragraph (a ) no later than 30 days after it receives notice from the court that the petition has been denied.

AB613,47,10 (2) Reconciliation provision. The amendment of section 301.45 (6) (a) 2. of the statutes, as created by this act, Section 109 (2 ) of this act and Section 110 (2), (3 ) and (4) of this act are void unless 1999 Assembly Bill 465 is enacted into law before July 1, 2000, and unless 1999 Assembly Bill 465 creates section 939.50 (1) (h) and (3) (h) of the statutes in exactly the same form as shown in 1999 Assembly Bill 465, as passed by the assembly.

AB613, s. 108 Section 108. Appropriation changes.

AB613,47,19 (1) Appropriation increase; corrections. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $134,800 for fiscal year 2000-01 to increase the authorized FTE positions for the department by 4.0 GPR positions on January 1, 2001, for performing duties relating to sex offender registration under section 301.45 of the statutes, as affected by this act, and community notification concerning sex offenders under section 301.46 of the statutes, as affected by this act.

AB613, s. 109 Section 109 . Initial applicability.

AB613,48,2 (1) Penalty for failure to comply with registration requirements; initial provision. The creation of section 301.45 (6) (a) 2. of the statutes first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of previous offenses for purposes of determining whether the person is subject to the penalties under section 301.45 (6) (a) 2. of the statutes, as created by this act.

AB613,48,8 (2) Penalty for failure to comply with registration requirements; reconciled provision. The amendment of section 301.45 (6) (a) 2. of the statutes first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of previous offenses for purposes of determining whether the person is subject to the penalties under section 301.45 (6) (a) 2. of the statutes, as affected by this act.

AB613,48,12 (3) Leases and rental agreements. The treatment of section 704.04 of the statutes first applies to leases and rental agreements for which application, or inquiry about the property, is made on the first day of the 13th month beginning after publication.

AB613,48,16 (4) Real estate transfers. The treatment of sections 709.03 (form) GM., 709.05 (1) and (2) (b), 709.09 and 710.20 of the statutes first applies to transfers and potential transfers in which contracts of sale, exchange agreements or option contracts are accepted on the first day of the 13th month beginning after publication.

AB613, s. 110 Section 110 . Effective dates. This act takes effect on the day after publication, except as follows:

AB613,48,21 (1) The treatment of section 301.45 (1g) (b) and (bm) of the statutes and the repeal and recreation of section 301.45 (5) (a) 2. of the statutes take effect on January 1, 2000, or on the day after publication, whichever is later.