AB791: Bill Text

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.

AB791, s. 13 Section 13. 971.17 (1m) (b) 5. of the statutes is amended to read:

AB791,7,11 971.17 (1m) (b) 5. If the court orders a defendant to comply with the reporting requirements under s. 301.45 or orders the defendant 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 not guilty by reason of mental disease or defect 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. 14 Section 14. 973.048 (title) of the statutes is amended to read:

AB791,7,14 973.048 (title) Sex offender reporting requirements and Internet access restrictions.

AB791, s. 15 Section 15. 973.048 (4m) of the statutes is created to read:

AB791,7,21 973.048 (4m) If the court orders a person 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 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. 16 Section 16. 973.048 (5) of the statutes is amended to read:

AB791,8,4 973.048 (5) If the court orders a person to comply with the reporting requirements under s. 301.45 or orders the person 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 conviction 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 conviction has been reversed, set aside or vacated.

AB791, s. 17 Section 17. Initial applicability.

AB791,8,7 (1) The treatment of section 51.20 (13) (ct) 4m. of the statutes first applies to petitions filed on the effective date of this subsection.

AB791,8,10 (2) The treatment of sections 938.34 (15m) (dm) and 938.345 (3) (bm) of the statutes first applies to dispositional orders issued on the effective date of this subsection.

AB791,8,12 (3) The treatment of section 971.17 (1m) (b) 4m. of the statutes first applies to findings made on the effective date of this subsection.

AB791,8,14 (4) The treatment of section 973.048 (4m) of the statutes first applies to sentences or probation imposed on the effective date of this subsection.

AB791,8,15 (End)