AB421: Bill Text

2007 Assembly BILL 421

June 21, 2007 - Introduced by Representatives Tauchen, Kleefisch, LeMahieu, Albers and Owens, cosponsored by Senator Lazich. Referred to Committee on Criminal Justice.

AB421,1,6 An Act to renumber 343.50 (3); to amend 343.19 (1), 343.50 (4) and 971.17 (1m) (title); and to create 51.20 (13) (cw), 165.8285 (1m), 301.49, 343.14 (2) (dm), 343.17 (3) (a) 15., 343.50 (3) (b), 938.34 (15o), 938.345 (3m), 971.17 (1m) (c) and 973.0485 of the statutes; relating to: special operator licenses and identification cards for persons registered as sex offenders and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, persons who have committed certain sex offenses are required to register as sex offenders with the Department of Corrections (registrants). Under this bill, a registrant who is ordered by the court or who has committed a serious sex offense, must, when applying for a driver's license or a state-issued identification card, identify himself or herself to the Department of Transportation in order to be issued a license or card that indicates that he or she is a sex offender. Under the bill, a serious sex offense is one of the following offenses: first-degree sexual assault, first-degree sexual assault of a child, and, with some exceptions, repeated sexual assault of a child. A person who intentionally violates this requirement is guilty of a Class G felony and may be fined up to $25,000, sentenced to a term of imprisonment of up to ten years (which, as with other felonies, includes a term of confinement and a term of extended supervision if the sentence is for more than one year), or both.

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 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:

AB421, s. 1 Section 1. 51.20 (13) (cw) of the statutes is created to read:

AB421,2,7 51.20 (13) (cw) 1. Except as provided in subd. 2., if, under par. (ct) 1m. or 2m., the court requires the subject individual to comply with the reporting requirements under s. 301.45, the court may order the subject individual to comply with the requirements under s. 301.49 (4) if the court determines that it would be in the interest of public protection to have the subject individual comply with the requirements under s. 301.49 (4).

AB421,2,12 2. If, under par. (ct) 2m. the court requires the subject individual to comply with the reporting requirements under s. 301.45 and the subject individual is found to have committed, or to have solicited, conspired, or attempted to commit, a serious sex offense, as defined under s. 301.49 (1) (c), the court shall order the subject individual to comply with the requirements under s. 301.49 (4).

AB421,2,15 3. In determining under subd. 1. whether it would be in the interest of public protection to have the subject individual comply with the requirements under s. 301.49 (4), the court may consider any of the following:

AB421,2,17 a. The ages, at the time of the violation, of the subject individual and the victim of the violation.

AB421,2,19 b. The relationship between the subject individual and the victim of the violation.

AB421,3,2 c. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

AB421,3,5 d. 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.

AB421,3,7 e. The probability that the subject individual will commit other violations in the future.

AB421,3,9 f. Any other factor that the court determines may be relevant to the particular case.

AB421,3,13 4. If the court orders a subject individual to comply with the requirements under s. 301.49 (4), the court shall order the subject individual to continue to comply for a period of not less than 15 years and may order the subject individual to comply until his or her death.

AB421,3,20 5. If the court orders a subject individual to comply with the requirements under s. 301.49 (4), 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 under s. 938.30 (5) (c) (intro.) or 971.14 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.

AB421, s. 2 Section 2. 165.8285 (1m) of the statutes is created to read:

AB421,4,2 165.8285 (1m) For the purpose of determining if a person is violating s. 301.49 (4), the department of justice shall, through the transaction information for management of enforcement system, provide local law enforcement agencies with access to the information provided by the department of corrections under s. 301.49 (3).

AB421, s. 3 Section 3. 301.49 of the statutes is created to read:

AB421,4,5 301.49 Operator's licenses or state identification cards for certain sex offenders. (1) Definitions. In this section:

AB421,4,6 (a) "Identification card" means a card issued under s. 343.50.

AB421,4,7 (b) "Operator's license" means a license issued under ch. 343.

AB421,4,10 (c) "Serious sex offense" means a violation of, or the solicitation, conspiracy, or attempt to commit a violation of, s. 940.225 (1) or 948.02 (1) or s. 948.025 (1) if the offense was a Class A or B felony.

AB421,4,11 (d) "Sex offense" has the meaning under s. 301.45 (1d) (b).

AB421,4,13 (2) Who is covered. A person who is subject to the sex offender registration requirement under s. 301.45 is subject to sub. (4) if any of the following applies:

AB421,4,15 (a) The offense that resulted in the person being subject to s. 301.45 is a serious sex offense.

AB421,4,18 (b) The court has ordered the person under s. 51.20 (13) (cw) 1., 938.34 (15o) (a), 938.345 (3m) (a), 971.17 (1m) (c) 1., or 973.0485 (1) to comply with the requirements under sub. (4).

AB421,4,19 (c) The person is on supervised release under s. 980.08 (6m).

AB421,4,21 (2m) Release from requirements. (a) A person described under sub. (2) (a) or (c) is subject to sub. (4) until his or her death.

AB421,4,24 (b) A person described under sub. (2) (b) is subject to sub. (4) for the period of time ordered by the court under s. 51.20 (13) (cw) 4., 938.34 (15o) (d), 938.345 (3m) (d), 971.17 (1m) (c) 4., or 973.0485 (4).

AB421,5,3 (3) Information access. The department of corrections shall provide to the department of justice information sufficient to identify the persons who are covered under sub. (2) for the purpose of s. 165.8285 (1m).

AB421,5,8 (4) Operator's license or identification card requirements. (a) A person covered under sub. (2) who applies for an operator's license or an identification card shall identify himself or herself in the application as a person to whom a special operator's license or identification card shall be issued under s. 343.17 (3) (a) 15. or 343.50 (3) (b).

AB421,5,16 (b) Prior to being covered under sub. (2), if a person has an operator's license or an identification card or if the person was incarcerated and the operator's license or identification card is valid when the person is released from any period of incarceration, the person shall, immediately after becoming covered under sub. (2) or after being released from any period of incarceration, apply to the department of transportation for a duplicate license or identification card, identifying himself or herself in the application as a person to whom a special operator's license or identification card shall be issued under s. 343.17 (3) (a) 15. or 343.50 (3) (b).

AB421,5,18 (5) Penalty. Whoever intentionally violates sub. (4) (a) or (b) is guilty of a Class G felony.

AB421,5,23 (6) Notification. (a) The department shall notify a person covered under sub. (2) (c) of his or her need to comply with sub. (4) and, if the person was not ordered by the court under s. 51.20 (13) (cw) 2., 938.34 (15o) (b), 938.345 (3m) (b), 971.17 (1m) (c) 2., or 973.0485 (2), a person covered under sub. (2) (a) of his or her need to comply with sub. (4).

AB421,6,2 (b) After notifying a person under par. (a) of the need to comply with this section, the department shall require the person who is being notified to read and sign a form stating that he or she has been informed of the requirements of this section.

AB421,6,7 (c) It is not a defense to liability under sub. (5) that the person subject to sub. (4) was not required to read and sign a form under par. (b), was not provided with a form to read and sign under par. (b), or failed or refused to read or sign a form under par. (b). It is not a defense to liability under sub. (5) that the person subject to sub. (4) did not receive notice under this subsection from the department.

AB421, s. 4 Section 4. 343.14 (2) (dm) of the statutes is created to read:

AB421,6,10 343.14 (2) (dm) A statement as to whether the applicant is a covered person under s. 301.49 (2).

AB421, s. 5 Section 5. 343.17 (3) (a) 15. of the statutes is created to read:

AB421,6,15 343.17 (3) (a) 15. If the person is a covered person under s. 301.49 (2), a distinctive appearance specified by the department, with a block in the lower right hand corner that is yellow in color and contains the words "SEX OFFENDER" in prominent black capital lettering.

AB421, s. 6 Section 6. 343.19 (1) of the statutes is amended to read:

AB421,7,10 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed, if the licensee becomes subject to s. 301.49 (4) (b) or if the condition status specified in s. 343.17 (3) (a) 12. or, 13., or 15. or 343.50 (3) (b) no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or, requirement of s. 301.49 (4) (b), or because the condition status specified in s. 343.17 (3) (a) 12. or, 13., or 15. or 343.50 (3) (b) no longer applies. If a licensee applies for a duplicate license or identification card based on s. 301.49 (4) (b), the licensee or card holder shall surrender the existing license or card and the duplicate license or card shall have the appearance specified in s. 343.17 (3) (a) 15. or 343.50 (3) (b). If the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

AB421, s. 7 Section 7. 343.50 (3) of the statutes is renumbered 343.50 (3) (a).

AB421, s. 8 Section 8. 343.50 (3) (b) of the statutes is created to read:

AB421,7,17 343.50 (3) (b) In addition to the requirements of par. (a), an identification card for a person who is a covered person under s. 301.49 (2) shall have a distinctive appearance specified by the department, with a block in the lower right hand corner that is yellow in color and contains the words "SEX OFFENDER" in prominent black capital lettering.

AB421, s. 9 Section 9. 343.50 (4) of the statutes, as affected by 2005 Wisconsin Act 126, is amended to read:

AB421,8,2 343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), (dm), (em), and (er), and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. The department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

AB421, s. 10 Section 10. 938.34 (15o) of the statutes is created to read:

AB421,8,9 938.34 (15o) Sex offender operator's licenses or state identification cards. (a) Except as provided in par. (b), if, under sub. (15m) (am) or (bm), the court orders the juvenile to comply with the reporting requirements under s. 301.45, the court may order the juvenile to comply with the requirements under s. 301.49 (4) if the court determines that it would be in the interest of public protection to have the juvenile comply with s. 301.49 (4).

AB421,8,14 (b) If, under sub. (15m) (bm), the court orders the juvenile to comply with the reporting requirements under s. 301.45 and the juvenile is found to have committed, or to have solicited, conspired, or attempted to commit, a serious sex offense, as defined under s. 301.49 (1) (c), the court shall order the juvenile to comply with the requirements under s. 301.49 (4).

AB421,8,17 (c) In determining under par. (a) whether it would be in the interest of public protection to have the juvenile comply with the requirements under s. 301.49 (4), the court may consider any of the following:

AB421,8,19 1. The ages, at the time of the violation, of the juvenile and the victim of the violation.

AB421,8,20 2. The relationship between the juvenile and the victim of the violation.

AB421,8,22 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

AB421,8,25 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.

AB421,9,1 5. The probability that the juvenile will commit other violations in the future.

AB421,9,3 6. Any other factor that the court determines may be relevant to the particular case.

AB421,9,6 (d) If the court orders a juvenile to comply with the requirements under s. 301.49 (4), the court shall order the juvenile to continue to comply for a period of not less than 15 years and may order the juvenile to comply until his or her death.

AB421,9,12 (e) If the court orders a juvenile to comply with the requirements under s. 301.49 (4), 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.

AB421, s. 11 Section 11. 938.345 (3m) of the statutes is created to read:

AB421,9,19 938.345 (3m) Operator's licenses or state identification cards. (a) Except as provided in par. (b), if, under sub. (3) (a), the court orders the juvenile to comply with the reporting requirements under s. 301.45, the court may order the juvenile to comply with the requirements under s. 301.49 (4) if the court determines that it is in the interest of public protection to have the juvenile comply with the requirements under s. 301.49 (4).

AB421,9,24 (b) If, under sub. (3) (a), the court orders the juvenile to comply with the reporting requirements under s. 301.45 based on a violation of, or the solicitation, conspiracy, or attempt to commit a violation of, a serious sex offense, as defined under s. 301.49 (1) (c), the court shall order the juvenile to comply with the requirements under s. 301.49 (4).

AB421,10,3 (c) In determining under par. (a) whether it is in the interest of public protection to have the juvenile comply with the requirements under s. 301.49 (4), the court may consider any of the following:

AB421,10,5 1. The ages, at the time of the violation, of the juvenile and the victim of the violation.

AB421,10,6 2. The relationship between the juvenile and the victim of the violation.

AB421,10,8 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the victim.

AB421,10,11 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.

AB421,10,12 5. The probability that the juvenile will commit other violations in the future.

AB421,10,14 6. Any other factor that the court determines may be relevant to the particular case.

AB421,10,17 (d) If the court orders a juvenile to comply with the requirements under s. 301.49 (4), the court shall order the juvenile to continue to comply for a period of not less than 15 years and may order the juvenile to comply until his or her death.

AB421,10,23 (e) If the court orders a juvenile to comply with the requirements under s. 301.49 (4), the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department. 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 a certificate stating that the finding has been reversed, set aside, or vacated.

AB421, s. 12 Section 12. 971.17 (1m) (title) of the statutes is amended to read:

AB421,11,2 971.17 (1m) (title) Sexual assault; registration and testing; operator's licenses or state identification cards.

AB421, s. 13 Section 13. 971.17 (1m) (c) of the statutes is created to read:

AB421,11,8 971.17 (1m) (c) 1. Except as provided in subd. 2., if, under par. (b) 1m. or 2m., the court orders the defendant to comply with the reporting requirements under s. 301.45, the court may order the defendant to comply with the requirements under s. 301.49 (4) if the court determines that it would be in the interest of public protection to have the defendant comply with the requirements under s. 301.49 (4).

AB421,11,14 2. If the court orders the defendant under par. (b) 2m. to comply with the reporting requirements under s. 301.45 and the defendant is found not guilty by reason of mental disease or defect for a violation of, or for the solicitation, conspiracy, or attempt to commit a violation of, a serious sex offense, as defined in s. 301.49 (1) (c), the court shall order the defendant to comply with the requirements under s. 301.49 (4).

AB421,11,17 3. In determining under subd. 1. whether it would be in the interest of public protection to have the defendant comply with the requirements under s. 301.49, the court may consider any of the following:

AB421,11,19 a. The ages, at the time of the violation, of the defendant and the victim of the violation.

AB421,11,20 b. The relationship between the defendant and the victim of the violation.