LRB-1578/1
MGD:jld:pg
2003 - 2004 LEGISLATURE
February 12, 2003 - Introduced by Senators Reynolds, Stepp, A. Lasee, Lazich,
Kanavas and Hansen, cosponsored by Representatives Gundrum, Gronemus,
Ziegelbauer, Stone, Krawczyk, Bies, Ladwig, Grothman, Gielow, Hines,
Musser, Nischke, McCormick, Wasserman, J. Fitzgerald, Freese, Suder and
Vrakas. Referred to Committee on Judiciary, Corrections and Privacy.
SB35,1,3
1An Act to repeal 301.45 (6) (a) 1.; and
to consolidate, renumber and amend
2301.45 (6) (a) (intro.) and 2. of the statutes;
relating to: failing to register as
3a sex offender and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, persons convicted of certain sex offenses are required to
register as sex offenders with the Department of Corrections (DOC). A person who
knowingly fails to comply with this requirement may be fined not more than $10,000
or imprisoned for not more than nine months or both for a first offense (an
unclassified misdemeanor); and may be fined not more than $10,000 or imprisoned
for not more than six years or both for a second offense (a Class H felony), if the second
offense is committed on or after February 1, 2003. If the second offense is committed
before February 1, 2003, the maximum term of imprisonment is five years. Under
this bill, if a sex offender who is required to register with DOC fails to do so, he or
she is guilty of a Class H felony, regardless of the number of prior offenses.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB35, s. 1
1Section
1. 301.45 (6) (a) (intro.) and 2. of the statutes, as affected by
2001
2Wisconsin Act 109, are consolidated, renumbered 301.45 (6) (a) and amended to read:
SB35,2,83
301.45
(6) (a) Whoever knowingly fails to comply with any requirement to
4provide information under subs. (2) to (4) is
subject to the following penalties: 2. For
5a 2nd or subsequent offense, the person is guilty of a Class H felony.
For purposes
6of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing
7the offense, the person has at any time been convicted of knowingly failing to comply
8with any requirement to provide information under subs. (2) to (4).
SB35, s. 2
9Section
2. 301.45 (6) (a) 1. of the statutes is repealed.
SB35,2,1211
(1) This act takes effect on February 1, 2003, or on the day after publication,
12whichever is later.
