AB791: Bill Text

LRB-3747/1

CMH:bjk:rs

2007 - 2008 LEGISLATURE

2007 Assembly BILL 791

February 11, 2008 - Introduced by Representatives Davis, Kleefisch, Suder, Gunderson, LeMahieu, Mursau, Musser, Kerkman, Owens, A. Ott and Townsend, cosponsored by Senators Roessler and Schultz. Referred to Committee on Criminal Justice.

AB791,1,7 An Act to amend 51.20 (13) (ct) 5., 938.34 (15m) (e), 938.345 (3) (c), 971.17 (1m) (b) 5., 973.048 (title) and 973.048 (5); and to create 20.410 (1) (gL), 51.20 (13) (ct) 4m., 301.45 (2) (a) 6m., 301.475, 938.34 (15m) (dm), 938.345 (3) (bm), 939.615 (5m), 971.17 (1m) (b) 4m. and 973.048 (4m) of the statutes; relating to: Internet access restrictions on certain sex offenders, information provided by a person required to register as a sex offender, providing a penalty, and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, subject to certain exceptions, a person may be ordered by a court to register with the Department of Corrections (DOC) as a sex offender if he or she has been convicted of certain sex offenses, found not guilty of certain sex offenses by reason of mental disease or defect, or adjudicated delinquent on the basis of certain sex offenses. Under this bill, if a court orders a person to register as a sex offender, the court must make a finding as to whether a computer was used in the sex offense. If the court finds that a computer was used, the court must prohibit, with certain exceptions, the person from using a computer during the period that he or she must register as a sex offender. If the person violates the prohibition, he or she is guilty of a misdemeanor and is subject to a fine of up to $10,000 or may be imprisoned for up to nine months or both.

Under current law, if a person is convicted of, or found not guilty of by reason of mental disease or defect, certain sex offenses, the court may under certain circumstances, in addition to confining or committing the person or placing the person on probation, place the person on lifetime supervision by DOC. A person on lifetime supervision is subject to the control of DOC under conditions set by the court and DOC, at the end of his or her sentence, commitment, or probation period. If the person violates a condition of lifetime supervision, he or she is generally guilty of a misdemeanor, for which the person may be fined not more than $10,000 or sentenced to a term of imprisonment of not more than nine months or both. Under this bill, DOC may prohibit, as a condition of lifetime supervision, any person on lifetime supervision from using a computer.

Under current law, DOC may require a person registered as a sex offender to provide DOC with his or her fingerprints, a recent photograph, and certain other information including the address at which he or she is or will be residing, the name and address of the place at which he or she is or will be employed, and the name and location of any school in which he or she is or will be enrolled. Under this bill, a person who is required to register with DOC as a sex offender must provide his or her e-mail accounts, user names he or she uses for text messaging or electronic instant messaging, and the Internet address of every Web site he or she maintains.

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:

AB791, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB791, s. 2 Section 2. 20.410 (1) (gL) of the statutes is created to read:

AB791,3,4 20.410 (1) (gL) Internet sex offenders. The amounts in the schedule for the monitoring of persons whose Internet usage is restricted under s. 301.475 (2) or 939.615 (5m) (b). All moneys received under ss. 301.475 (5) and 939.615 (5m) (d) shall be credited to this appropriation account.

AB791, s. 3 Section 3. 51.20 (13) (ct) 4m. of the statutes is created to read:

AB791,3,11 51.20 (13) (ct) 4m. If the court orders a subject individual to comply with the reporting requirements under s. 301.45, the court shall determine if a computer was used in the commission of the underlying violation. If the court finds that a computer was used in the commission of the underlying violation, the court shall order that the person be subject to s. 301.475 for as long as the person must comply with the reporting requirements under s. 301.45.

AB791, s. 4 Section 4. 51.20 (13) (ct) 5. of the statutes is amended to read:

AB791,3,20 51.20 (13) (ct) 5. If the court orders a subject individual to comply with the reporting requirements under s. 301.45 or if the court orders a subject individual be subject to s. 301.475, 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.) 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.

AB791, s. 5 Section 5. 301.45 (2) (a) 6m. of the statutes is created to read:

AB791,3,25 301.45 (2) (a) 6m. The name or number of every electronic mail account used by the person, every user name the person uses for text messaging or electronic instant messaging, and the Internet address of every Web site maintained by the person.

AB791, s. 6 Section 6. 301.475 of the statutes is created to read:

AB791,4,3 301.475 Internet access restriction for certain sex offenders. (1) In this subsection:

AB791,4,5 (a) "Computer" means a device that can access the Internet or send electronic mail, text, or instant messages.

AB791,4,8 (b) "Internet sex offender" means a person who is ordered to comply with this section under s. 51.20 (13) (ct) 4m., 938.34 (15m) (dm), 938.345 (3) (bm), 939.615 (5) (a), 971.17 (1m) (b) 4m., or 973.048 (4m).

AB791,4,9 (2) An Internet sex offender may not do any of the following:

AB791,4,12 (a) Access or use a computer unless the court has given prior written approval or unless the access or use is in connection with employment or employment search and the department has given prior approval.

AB791,4,13 (b) Refuse to submit to, or hamper an action, under sub. (4).

AB791,4,14 (3) A person who violates sub. (2) is guilty of a Class A misdemeanor.

AB791,4,17 (4) If an Internet sex offender accesses or uses a computer in compliance with sub. (2) (a), the department may examine the computer and any peripherals, install any monitoring device on the computer, or add conditions to the access or use.

AB791,4,22 (5) The department may charge an Internet sex offender an amount to reimburse the department for any costs of any action under sub. (4) related to the Internet sex offender. The department shall collect the amounts charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gL).

AB791, s. 7 Section 7. 938.34 (15m) (dm) of the statutes is created to read:

AB791,5,4 938.34 (15m) (dm) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the court shall determine if a computer was used in the commission of the underlying crime. If the court finds that a computer was used in the commission of the underlying crime, the court shall order that the juvenile be subject to s. 301.475 for as long as the juvenile must comply with the reporting requirements under s. 301.45.

AB791, s. 8 Section 8. 938.34 (15m) (e) of the statutes is amended to read:

AB791,5,12 938.34 (15m) (e) If the court orders a juvenile to comply with the reporting requirements under s. 301.45 or orders the juvenile subject to s. 301.475, 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.

AB791, s. 9 Section 9. 938.345 (3) (bm) of the statutes is created to read:

AB791,5,19 938.345 (3) (bm) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the court shall determine if a computer was used in the commission of the underlying crime. If the court finds that a computer was used in the commission of the underlying crime, the court shall order that the juvenile be subject to s. 301.475 for as long as the juvenile must comply with the reporting requirements under s. 301.45.

AB791, s. 10 Section 10. 938.345 (3) (c) of the statutes is amended to read:

AB791,6,2 938.345 (3) (c) If the court orders a juvenile to comply with the reporting requirements under s. 301.45 or orders the juvenile subject to s. 301.475, 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.

AB791, s. 11 Section 11. 939.615 (5m) of the statutes is created to read:

AB791,6,5 939.615 (5m) Conditions of lifetime supervision. (a) In this subsection, "computer" has the definition given in s. 301.475 (1).

AB791,6,8 (b) The department may at any time, if the department determines that such an action would protect the public, prohibit as a regulation of lifetime supervision a person placed on lifetime supervision from doing any of the following:

AB791,6,11 1. Accessing or using a computer unless the court has given prior written approval or unless the access or use is in connection with employment or employment search and the department has given prior approval.

AB791,6,12 2. Refusing to submit to, or hampering an action, under par. (c).

AB791,6,16 (c) If a person on lifetime supervision who has regulations placed on him or her as described under par. (b) accesses or uses a computer in compliance with par. (b) 1., the department may examine the computer and any peripherals, install any monitoring device on the computer, or add conditions to the access or use.

AB791,6,21 (d) The department may charge a person on lifetime supervision who is subject to par. (b) an amount to reimburse the department for any costs of any action under par. (c) related to the person. The department shall collect the amounts charged under this paragraph and credit those moneys to the appropriation account under s. 20.410 (1) (gL).

AB791, s. 12 Section 12. 971.17 (1m) (b) 4m. of the statutes is created to read:

AB791,7,3 971.17 (1m) (b) 4m. If the court orders a defendant to comply with the reporting requirements under s. 301.45, the court shall determine if a computer was used in the commission of the underlying violation. If the court finds that a computer was used in the commission of the underlying violation, the court shall order that the defendant be subject to s. 301.475 for as long as the defendant must comply with the reporting requirements under s. 301.45.