SB289: Bill Text

Other information

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:

SB289, s. 1 Section 1. 939.615 (1m) of the statutes is created to read:

SB289,4,5 939.615 (1m) When lifetime supervision shall be ordered. In addition to sentencing the person, placing the person on probation or, if applicable, committing the person under s. 971.17, the court shall place a person on lifetime supervision by the department if all of the following apply:

SB289,4,7 (a) The person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental disease or defect.

SB289,4,8 (b) The serious sex offense is a Class B felony.

SB289,4,10 (c) If the serious sex offense is not listed in sub. (1) (b) 1., the person was given notice under s. 973.125 (2).

SB289, s. 2 Section 2. 939.615 (2) (a) of the statutes is amended to read:

SB289,4,19 939.615 (2) (a) Except as provided in par. (b), if a person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental disease or defect and the serious sex offense is one to which sub. (1m) does not apply, the court may, in addition to sentencing the person, placing the person on probation or, if applicable, committing the person under s. 971.17, place the person on lifetime supervision by the department if notice concerning lifetime supervision was given to the person under s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.

SB289, s. 3 Section 3. 939.615 (2) (b) of the statutes is amended to read:

SB289,4,25 939.615 (2) (b) A court may not place a person on lifetime supervision under this section subsection if the person was previously placed on lifetime supervision under this section for a prior conviction for a serious sex offense or a prior finding of not guilty of a serious sex offense by reason of mental disease or defect and that previous placement on lifetime supervision has not been terminated under sub. (6).

SB289, s. 4 Section 4. 939.615 (2) (c) of the statutes is renumbered 939.615 (2m).

SB289, s. 5 Section 5. 939.615 (2m) (title) of the statutes is created to read:

SB289,5,3 939.615 (2m) (title) Special verdict required in certain cases.

SB289, s. 6 Section 6. 939.615 (6) (b) 3. of the statutes is created to read:

SB289,5,9 939.615 (6) (b) 3. A person may not file a petition requesting termination of lifetime supervision if lifetime supervision is required under sub. (1m). If a person files a petition requesting termination of lifetime supervision and the lifetime supervision was imposed under sub. (1m), the court shall deny the petition without a hearing.

SB289, s. 7 Section 7. 939.615 (6) (c) of the statutes is amended to read:

SB289,5,20 939.615 (6) (c) Upon receiving a petition requesting termination of lifetime supervision, the court, unless par. (b) 2. or 3. applies, shall send a copy of the petition to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime supervision. Upon receiving a copy of a petition sent to him or her under this paragraph, a district attorney shall conduct a criminal history record search to determine whether the person has been convicted of a criminal offense that was committed during the period of lifetime supervision. No later than 30 days after the date on which he or she receives the copy of the petition, the district attorney shall report the results of the criminal history record search to the court and may provide a written response to the petition.

SB289, s. 8 Section 8. 939.62 (2m) (b) 2. of the statutes is amended to read:

SB289,6,2 939.62 (2m) (b) 2. The actor has been convicted of a serious child sex offense or a violation of s. 940.225 (1) or (2) on at least one occasion at any time preceding the date of violation of the serious child sex offense or the violation of s. 940.225 (1) or (2) for which he or she presently is being sentenced under ch. 973, which conviction remains of record and unreversed.

SB289, s. 9 Section 9. 940.03 of the statutes is amended to read:

SB289,6,8 940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.225 (1) or (2) (a), 943.02, 943.10 (2), 943.23 (1g), or 943.32 (2) may be imprisoned for not more than 15 years in excess of the maximum term of imprisonment provided by law for that crime or attempt.

SB289, s. 10 Section 10. 940.225 (1) (c) of the statutes is amended to read:

SB289,6,12 940.225 (1) (c) Is aided or abetted by one or more other persons and has Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.

SB289, s. 11 Section 11. 940.225 (2) (a) of the statutes is repealed.

SB289, s. 12 Section 12. 946.492 of the statutes is created to read:

SB289,6,24 946.492 Failure to participate in court-ordered sex offender treatment. Whoever intentionally violates a court order issued under s. 973.044 (1) is guilty of a Class E felony. The court shall impose a bifurcated sentence under s. 973.01 for a violation of this section and shall impose it consecutive to any sentence previously imposed or which may be imposed for any crime for which the person was in custody when he or she committed the violation of this section. The term of confinement in prison portion of the bifurcated sentence may not be less than 10 years, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court may not place a person on probation for a violation of this section.

SB289, s. 13 Section 13. 948.02 (1) of the statutes is renumbered 948.02 (1) (a).

SB289, s. 14 Section 14. 948.02 (1) (b) of the statutes is created to read:

SB289,7,4 948.02 (1) (b) Whoever, by use or threat of force or violence, has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class B felony.

SB289, s. 15 Section 15. 971.17 (1j) (am) of the statutes is created to read:

SB289,7,10 971.17 (1j) (am) If a person is found not guilty by reason of mental disease or defect of a serious sex offense, the court shall, in addition to committing the person to the department of health and family services under sub. (1), place the person on lifetime supervision under s. 939.615. This paragraph does not apply unless one of the following applies:

SB289,7,11 1. The serious sex offense is listed in s. 939.615 (1) (b) 1.

SB289,7,13 2. Notice concerning lifetime supervision was given to the person under s. 973.125.

SB289, s. 16 Section 16. 971.17 (1j) (b) of the statutes is amended to read:

SB289,7,20 971.17 (1j) (b) If a person is found not guilty by reason of mental disease or defect of a serious sex offense and par. (am) does not apply, the court may, in addition to committing the person to the department of health and family services under sub. (1), place the person on lifetime supervision under s. 939.615 if notice concerning lifetime supervision was given to the person under s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.

SB289, s. 17 Section 17. 973.044 of the statutes is created to read:

SB289,8,3 973.044 Sentencing; court-ordered sex offender treatment. (1) When a court sentences an individual to a term of imprisonment for a serious sex offense, as defined in s. 939.615 (1) (b), the court may enter an order requiring the individual, while he or she is confined, to cooperate with any evaluation provided by the department or its designee regarding the appropriateness of sex offender treatment and to participate in any sex offender treatment provided by the department or its designee.

SB289,8,5 (2) If a court issues an order under sub. (1), the court shall inform the individual of the requirement and of the penalty under s. 946.492.

SB289, s. 18 Section 18. 973.125 (1) of the statutes is amended to read:

SB289,8,12 973.125 (1) Whenever a prosecutor decides to seek lifetime supervision under s. 939.615 (2) of a person charged with a serious sex offense specified in s. 939.615 (1) (b) 1., the prosecutor shall, at any time before or at arraignment and before acceptance of any plea, state in the complaint, indictment, or information or amendments to the complaint, indictment, or information that the prosecution will seek to have the person placed on lifetime supervision under s. 939.615.

SB289, s. 19 Section 19. 973.125 (2) (intro.) of the statutes is amended to read:

SB289,8,17 973.125 (2) (intro.) Whenever a prosecutor decides to seek lifetime supervision under s. 939.615 (1m) or (2) of a person charged with a serious sex offense specified in s. 939.615 (1) (b) 2., the prosecutor shall, at any time before or at arraignment and before acceptance of any plea, do all of the following:

SB289, s. 20 Section 20. Initial applicability.

SB289,8,21 (1) Lifetime supervision for persons committing certain serious sex offenses. The treatment of section 939.615 (1m) of the statutes first applies to offenses committed on the effective date of this subsection.

SB289,9,4 (2) Treating first- or 2nd-degree sexual assault as a "2-strikes" offense. The treatment of section 939.62 (2m) (b) 2. of the statutes first applies to persons who commit a serious child sex offense, as defined in section 939.62 (2m) (a) 1m. of the statutes, or who violate section 940.225 (1) or (2) of the statutes on the effective date of this subsection but does not preclude the counting of prior serious child sex offenses or prior violations of section 940.225 (1) or (2) of the statutes for the purpose of determining whether the person is a persistent repeater under section 939.62 (2m) (b) 2. of the statutes.

SB289,9,7 (3) Court-ordered treatment for imprisoned sex offenders. The treatment of section 973.044 of the statutes first applies to persons sentenced on the effective date of this subsection.

SB289,9,8 (End)