AB790: Bill Text

AB790,2,7 304.06 (1r) (a) In this subsection:

AB790,2,8 1. "Contact" has the meaning given in s. 973.01 (5m) (a) 1.

AB790,2,9 2. "Protected person" has the meaning given in s. 973.01 (5m) (a) 3.

AB790,2,13 (b) If parole is granted following a violation of s. 940.225 (1), (2), or (3), 948.02 (1) or (2), or 948.025, the parole commission shall, unless a court has granted a petition under par. (c) 2., prohibit the parolee, as a condition of parole, from doing any of the following:

AB790,2,14 1. Contacting the victim or any protected person.

AB790,2,16 2. Being within a specified distance of the residence of the victim or protected person or any other location temporarily occupied by the victim or protected person.

AB790,2,17 3. Conducting an Internet search on the victim or any protected person.

AB790,2,19 4. Causing another person other than a law enforcement officer to contact the victim or any protected person.

AB790,2,23 (c) 1. A parolee who is subject to a condition imposed under par. (b) may file, with the circuit court for the county in which he or she was convicted, a petition, at any time before or during the parole period, requesting that the condition be eliminated.

AB790,3,3 2. Upon receiving a petition under subd. 1., the court shall grant the petition if the court determines that the victim supports the petition and that granting the petition does not pose a risk to public safety.

AB790,3,6 3. If the court does not grant a petition under subd. 2., the parolee may not file another petition under subd. 1. until 5 years have elapsed since the petition was denied.

AB790, s. 3 Section 3. 973.01 (5m) of the statutes is created to read:

AB790,3,9 973.01 (5m) Extended supervision conditions for sexual assault. (a) In this subsection:

AB790,3,11 1. "Contact" means come within a specified distance of, call, e-mail, mail, or fax.

AB790,3,12 2. "Dating relationship" has the meaning given in s. 813.12 (1) (ag).

AB790,3,16 3. "Protected person" means a spouse, sibling, parent, child, grandparent, or grandchild of the victim; any employer of the victim; any individual with whom the victim has a child in common; any individual with whom the victim has or has had a dating relationship; and any individual who is part of the victim's household.

AB790,3,20 (b) Whenever the court imposes a bifurcated sentence under sub. (1) for a violation of s. 940.225 (1), (2), or (3), 948.02 (1) or (2), or 948.025, the court shall, except as provided in par. (c), prohibit the person, as a condition of extended supervision, from doing any of the following:

AB790,3,21 1. Contacting the victim or any protected person.

AB790,3,23 2. Being within a specified distance of the residence of the victim or protected person or any other location temporarily occupied by the victim or protected person.

AB790,3,24 3. Conducting an Internet search on the victim or any protected person.

AB790,4,2 4. Causing another person other than a law enforcement officer to contact the victim or any protected person.

AB790,4,6 (c) 1. A person who is subject to a condition imposed under par. (b) may file, with the circuit court for the county in which he or she was convicted, a petition, at any time before or during his or her sentence, requesting that the condition be eliminated.

AB790,4,9 2. Upon receiving a petition under subd. 1., the court shall grant the petition if the court determines that the victim supports the petition and that granting the petition does not pose a risk to public safety.

AB790,4,12 3. If the court does not grant a petition under subd. 2., the person may not file another petition under subd. 1. until 5 years have elapsed since the petition was denied.

AB790, s. 4 Section 4. 973.09 (6) of the statutes is created to read:

AB790,4,14 973.09 (6) (a) In this subsection:

AB790,4,15 1. "Contact" has the meaning given in s. 973.01 (5m) (a) 1.

AB790,4,16 2. "Protected person" has the meaning given in s. 973.01 (5m) (a) 3.

AB790,4,19 (b) If the probation is imposed following a violation of s. 940.225 (1), (2), or (3), 948.02 (1) or (2), or 948.025, the court shall, except as provided in par. (c), prohibit the person, as a condition of probation, from doing any of the following:

AB790,4,20 1. Contacting the victim or any protected person.

AB790,4,23 2. Being within a court-specified distance of the residence of the victim or protected person or any other location temporarily occupied by the victim or protected person.

AB790,4,24 3. Conducting an Internet search on the victim or any protected person.

AB790,5,2 4. Causing another person other than a law enforcement officer to contact the victim or any protected person.

AB790,5,6 (c) 1. A person who is subject to a condition imposed under par. (b) may file, with the circuit court for the county in which he or she was convicted, a petition, at any time before or during his or her probation, requesting that the condition be eliminated.

AB790,5,9 2. Upon receiving a petition under subd. 1., the court shall grant the petition if the court determines that the victim supports the petition and that granting the petition does not pose a risk to public safety.

AB790,5,12 3. If the court does not grant a petition under subd. 2., the person may not file another petition under subd. 1. until 5 years have elapsed since the petition was denied.

AB790, s. 5 Section 5. Initial applicability.

AB790,5,15 (1) The treatment of section 973.09 (6) (b) of the statutes first applies to persons placed on probation on the effective date of this subsection.

AB790,5,17 (2) The treatment of sections 304.06 (1r) (b) and 973.01 (5m) (b) of the statutes first applies to persons sentenced on the effective date of this subsection.

AB790,5,18 (End)