AB613: Bill Text

AB613,24,9 301.45 (5) (a) 3. If the person has been committed to the department of health and family services under s. 51.20 or 971.17 and is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 for a sex offense, 15 years after termination of the commitment for the sex offense under s. 971.17 (5) or discharge from the commitment for the sex offense under s. 51.35 (4) or 971.17 (6).

AB613, s. 58 Section 58. 301.45 (5) (a) 4. of the statutes is amended to read:

AB613,24,13 301.45 (5) (a) 4. If subd. 1., 1m., 2., 2m., 3. or 3m. does not apply, 15 years after the date of conviction for the sex offense or 15 years after the date of disposition of the sex offense, whichever is later.

AB613, s. 59 Section 59. 301.45 (5) (am) of the statutes is created to read:

AB613,24,17 301.45 (5) (am) 1. Except as provided in subd. 2., a person who is covered under sub. (1g) (dL) shall continue to comply with the requirements of this section until his or her death.

AB613,24,20 2. A person who is covered under sub. (1g) (dL) is not required to comply with the requirements of this section if a court orders that the person is no longer required to comply under s. 939.615 (6) (i).

AB613, s. 60 Section 60. 301.45 (5) (b) (intro.) of the statutes is amended to read:

AB613,24,24 301.45 (5) (b) (intro.) A person who is covered under sub. (1) (1g) (a), (b), (bm), (c), (d), (dd), (dp) or (e) shall continue to comply with the requirements of this section until his or her death if any of the following apply applies:

AB613, s. 61 Section 61. 301.45 (5) (b) 1. of the statutes is amended to read:

AB613,25,15 301.45 (5) (b) 1. The person has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any 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 a sex offense, or for any a violation, or for the solicitation, conspiracy or attempt to commit any a violation, of a federal law, a military law, a tribal law or a law of this state or any other state that is comparable to 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 that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent sex offense. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of determining under this subdivision whether a person has been convicted on 2 or more separate occasions.

AB613, s. 62 Section 62. 301.45 (5) (b) 1m. of the statutes is created to read:

AB613,25,22 301.45 (5) (b) 1m. The person has been convicted or found not guilty or not responsible by reason of mental disease or defect for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of this subdivision.

AB613, s. 63 Section 63. 301.45 (5) (b) 2. of the statutes is amended to read:

AB613,26,3 301.45 (5) (b) 2. The person has been found to be a sexually violent person under ch. 980, regardless of whether the person is discharged under s. 980.09 or 980.10 from the sexually violent person commitment, except that the person no longer has to comply with this section if the finding that the person is a sexually violent person has been reversed, set aside or vacated.

AB613, s. 64 Section 64. 301.45 (5) (b) 3. of the statutes is created to read:

AB613,26,8 301.45 (5) (b) 3. The court that ordered the person to comply with the reporting requirements of this section under s. 51.20 (13) (ct), 938.34 (15m), 938.345 (3), 971.17 (1m) (b) or 973.048 also ordered the person to comply with the requirements until his or her death.

AB613, s. 65 Section 65. 301.45 (5m) of the statutes is created to read:

AB613,26,13 301.45 (5m) Release from requirements for persons who committed a sex offense in another jurisdiction. (a) Except as provided in pars. (b) and (c), a person who is covered under sub. (1g) (dh), (dj), (f) or (g) no longer has to comply with this section when the following applicable criterion is met:

AB613,26,16 2. If the person is registered as a sex offender in another state or is registered as a sex offender with the federal bureau of investigation under 42 USC 14072, whichever of the following is less:

AB613,26,18 a. The period of time that the person is a resident of this state, a student in this state or employed or carrying on a vocation in this state.

AB613,26,23 b. The period of time that the person is registered as a sex offender in another state or with the federal bureau of investigation, or 10 years from the date on which the person was released from prison or placed on parole, probation, extended supervision or other supervised release for the sex offense which subjects the person to the requirements of this section, whichever is greater.

AB613,26,25 3. If the person has been found to have committed a sex offense by another jurisdiction and subd. 2. does not apply, whichever of the following is less:

AB613,27,2 a. The period of time that the person is a resident of this state, a student in this state or employed or carrying on a vocation in this state.

AB613,27,5 b. Ten years from the date on which the person was released from prison or placed on parole, probation, extended supervision or other supervised release for the sex offense which subjects the person to the requirements of this section.

AB613,27,9 (b) A person who is covered under sub. (1g) (dh), (dj), (f) or (g) shall continue to comply with the requirements of this section for as long as the person is a resident of this state, a student in this state or employed or carrying on a vocation in this state if one or more of the following apply:

AB613,27,13 1. The person is registered as a sex offender in another state or is registered as a sex offender with the federal bureau of investigation under 42 USC 14072 and the person is required to register with that other state or with the federal bureau of investigation until his or her death.

AB613,27,21 2. The person has been convicted or found not guilty or not responsible by reason of mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, or for the solicitation, conspiracy or attempt to commit a violation, of a federal law, a military law, a tribal law or a law of any state that is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of this subdivision.

AB613,28,4 3. The person has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect for a sex offense or for a violation, or the solicitation, conspiracy or attempt to commit a violation, of a federal law, military law, tribal law or law of any state that is comparable to a sex offense. A conviction or finding of not guilty or not responsible by reason of mental disease or defect that has been reversed, set aside or vacated is not a conviction or finding for purposes of determining under this subdivision whether a person has been convicted on 2 or more separate occasions.

AB613,28,8 4. A determination has been made as provided under 42 USC 14071 (a) (2) (A) or (B) that the person is a sexually violent predator, or lifetime registration by the person is required under measures approved by the attorney general of the United States under 42 USC 14071 (a) (2) (C).

AB613,28,11 (c) This subsection does not apply to a person who is required to register as a sex offender under one or more of the criteria specified in sub. (1g) (a), (b), (bm), (c), (d), (dd), (dp) or (e).

AB613, s. 66 Section 66. 301.45 (6) (a) of the statutes is renumbered 301.45 (6) (a) (intro.) and amended to read:

AB613,28,16 301.45 (6) (a) (intro.) Whoever intentionally knowingly fails to comply with any requirement to provide information under subs. (2) to (4) is subject to the following penalties:

AB613,28,18 1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB613,29,2 (am) Subject to s. 971.19 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a violation of this subsection knowing failure to comply with any requirement to provide information under subs. (2) to (4). If the department of corrections determines that there is probable cause to believe that a person has intentionally knowingly failed to comply with any requirement to provide information under subs. (2) to (4), the department shall forward a certified copy of all pertinent departmental information to the applicable district attorney. The department shall certify the copy in accordance with s. 889.08.

AB613, s. 67 Section 67. 301.45 (6) (a) 2. of the statutes is created to read:

AB613,29,8 301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).

AB613, s. 68 Section 68. 301.45 (6) (a) 2. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB613,29,16 301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).

AB613, s. 69 Section 69. 301.45 (6) (d) of the statutes is created to read:

AB613,30,2 301.45 (6) (d) Notwithstanding par. (a), a person who first became subject to subs. (2) to (4) under 1999 Wisconsin Act .... (this act) and who was in prison or a secured correctional facility or a secured child caring institution, in institutional care, or on probation, parole, supervision, aftercare supervision, corrective sanctions supervision, conditional transfer or conditional release during the period beginning on December 25, 1993, and ending on the effective date of this paragraph .... [revisor inserts date], shall be allowed until the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], to comply with the requirements under subs. (2) to (4).

AB613, s. 70 Section 70. 301.45 (6m) of the statutes is created to read:

AB613,30,13 301.45 (6m) Notice to other jurisdictions concerning noncompliance. If the department has reasonable grounds to believe that a person who is covered under sub. (1g) (f) or (g) is residing in this state, is a student in this state or is employed or carrying on a vocation in this state and that the person is not complying with the requirements of this section, the department shall notify the state agency responsible for the registration of sex offenders in any state in which the person is registered that it believes the person is not complying with the requirements of this section. If the person is registered with the federal bureau of investigation under 42 USC 14072, the department shall notify the federal bureau of investigation that it believes the person is not complying with the requirements of this section.

AB613, s. 71 Section 71. 301.46 (1) of the statutes is renumbered 301.46 (1) (intro.) and amended to read:

AB613,30,16 301.46 (1) Definitions. (intro.) In this section "agency:

AB613,30,19 (a) "Agency with jurisdiction" means the state agency with the authority or duty to confine or supervise a person or release or discharge a person from confinement.

AB613, s. 72 Section 72. 301.46 (1) (b) of the statutes is created to read:

AB613,30,21 301.46 (1) (b) "Sex offense" has the meaning given in s. 301.45 (1d) (b).

AB613, s. 73 Section 73. 301.46 (2) (b) 7. of the statutes is repealed.

AB613, s. 74 Section 74. 301.46 (2m) (a) of the statutes is amended to read:

AB613,31,17 301.46 (2m) (a) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement in a state correctional institution or institutional care, and the person has, on one occasion only, been convicted or found not guilty or not responsible by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any 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, a sex offense or for a violation of a law of this state that is comparable to 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 that is comparable to s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent a sex offense, the agency with jurisdiction may notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school if the agency with jurisdiction determines that such notification is necessary to protect the public. Notification under this paragraph may be in addition to providing access to information under sub. (2) or to any other notification that an agency with jurisdiction is authorized to provide.

AB613, s. 75 Section 75. 301.46 (2m) (am) of the statutes is amended to read:

AB613,32,9 301.46 (2m) (am) If an agency with jurisdiction confines a person under s. 301.046, provides a person entering the intensive sanctions program under s. 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases a person from confinement in a state correctional institution or institutional care, and the person has been found to be a sexually violent person under ch. 980 or has, on 2 or more separate occasions, been convicted or found not guilty or not responsible by reason of mental disease or defect for any violation, or for the solicitation, conspiracy or attempt to commit any 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 or 948.11 or a sex offense or for a violation of a law of this state that is comparable to 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 or 948.11 a sex offense, the agency with jurisdiction shall notify the police chief of any community and the sheriff of any county in which the person will be residing, employed or attending school. Notification under this paragraph shall be in addition to providing access to information under sub. (2) and to any other notification that an agency with jurisdiction is authorized to provide.

AB613, s. 76 Section 76. 301.46 (2m) (b) 1m. of the statutes is created to read:

AB613,32,14 301.46 (2m) (b) 1m. Notice that, beginning on the first day of the 13th month beginning after publication .... [revisor inserts date], information concerning persons registered under s. 301.45 will be available on the Internet site established by the department under sub. (5n).

AB613, s. 77 Section 77. 301.46 (3) (c) of the statutes is amended to read:

AB613,32,21 301.46 (3) (c) The notice under par. (b) shall be a written notice to the victim or member of the victim's family that the person required to register under s. 301.45 and specified in the information provided under par. (d) has been registered or, if applicable, has provided the department with updated information under s. 301.45 (4). The notice shall contain the information specified in sub. (2) (b) 1., 5., 6., 7. and 10. or, if applicable, the updated information.

AB613, s. 78 Section 78. 301.46 (4) (b) 3. of the statutes is repealed.

AB613, s. 79 Section 79. 301.46 (5) (b) 2. of the statutes is repealed.

AB613, s. 80 Section 80. 301.46 (5n) of the statutes is created to read:

AB613,33,11 301.46 (5n) Internet access. No later than the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], the department shall provide access to information concerning persons registered under s. 301.45 by creating and maintaining an Internet site and by any other means that the department determines is appropriate. The information provided through the Internet site shall be organized in a manner that allows a person using the Internet site to obtain the information that the department is required to provide the person under sub. (2), (2m), (3), (4) or (5) and other information that the department determines is necessary to protect the public. The department shall keep the information provided on the Internet site and in other means used to allow access to the information secure against unauthorized alteration.

AB613, s. 81 Section 81. 301.46 (6) (a) of the statutes is amended to read:

AB613,33,16 301.46 (6) (a) Except as provided in par. (b), the department or an agency with jurisdiction may provide notice of or access to information under subs. (2) to (5) concerning a person registered under s. 301.45 only during the period under s. 301.45 (5) or (5m) for which the person is required to comply with s. 301.45.

AB613, s. 82 Section 82. 452.23 (2) (d) of the statutes is created to read:

AB613,33,20 452.23 (2) (d) 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, s. 83 Section 83. 704.04 of the statutes is created to read:

AB613,33,25 704.04 Notice of access to sex offender registry; no duty to disclose information. (1) If, before a prospective tenant enters into a lease or rental agreement, the landlord or his or her agent provides to the prospective tenant the notice under sub. (2), all of the following apply:

AB613,34,4 (a) The landlord or agent has no duty to disclose to the prospective tenant, or to the tenant after the lease or rental agreement is entered into, 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.

AB613,34,8 (b) After the lease or rental agreement is entered into, the landlord or agent is not liable to the tenant, to a guest of the tenant or to any other occupant of the rented property, for damages resulting from the actions of a person required to register as a sex offender under s. 301.45.

AB613,34,10 (2) The notice referred to in sub. (1) (intro.) shall be in substantially the following form:

AB613,34,11 NOTICE REGARDING ACCESS TO THE

AB613,34,12 SEX OFFENDER REGISTRY

AB613,34,22 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 TENANT 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).

AB613,35,2 (3) This section shall not be construed to impose any liability on a landlord 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 a landlord or his or her agent from suit or liability for any damage, loss or injury caused by the intentional or wanton misconduct of the landlord or his or her agent.

AB613, s. 84 Section 84. 709.03 (form) GM. of the statutes is created to read:

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: