AB329: Bill Text

AB329, s. 5 Section 5. 302.114 (5) (d) of the statutes is renumbered 302.114 (5) (d) 1.

AB329, s. 6 Section 6. 302.114 (5) (d) 2. of the statutes is created to read:

AB329,3,7 302.114 (5) (d) 2. If the court grants the inmate's petition for release to extended supervision, the court shall, if the inmate would have been subject to the condition of extended supervision under s. 973.01 (5m) (b) had he or she been sentenced on or after the effective date of this subdivision .... [LRB inserts date], set as a condition of extended supervision a condition identical to that under s. 973.01 (5m) (b). A petition may be filed as described under s. 973.01 (5m) (c) to remove the condition.

AB329, s. 7 Section 7. 304.06 (1r) of the statutes is created to read:

AB329,3,9 304.06 (1r) (a) In this subsection:

AB329,3,10 1. "Contact" has the meaning given in s. 973.01 (5m) (a) 1.

AB329,3,11 2. "Protected person" has the meaning given in s. 973.01 (5m) (a) 3.

AB329,3,15 (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 petition has been granted under par. (c) 2., prohibit the parolee, as a condition of parole, from doing any of the following:

AB329,3,16 1. Contacting the victim or any protected person.

AB329,3,20 2. Being within a specified distance of the residence, place of employment, or school of the victim or protected person, any other fixed location to minimize contact with the victim or protected person, as determined by the parole commission, or any other location temporarily occupied by the victim or protected person.

AB329,3,21 3. Conducting an Internet search on the victim or any protected person.

AB329,3,23 4. Causing another person other than a law enforcement officer to contact the victim or any protected person.

AB329,4,2 (c) 1. If a parolee is subject to a condition imposed under par. (b), the victim of the violation may file, with the circuit court for the county in which the parolee was convicted or with the parole commission, a petition, at any time before or during the parole period, requesting that the condition be eliminated.

AB329,4,5 2. Upon receiving a petition under subd. 1., the court or the parole commission, whichever is appropriate, shall grant the petition if it determines that granting the petition does not pose a risk to public safety.

AB329,4,8 3. If the petition is not granted under subd. 2., the victim who filed the petition may not file another petition under subd. 1. regarding that parolee until 5 years have elapsed since the petition was denied.

AB329, s. 8 Section 8. 973.01 (5m) of the statutes is created to read:

AB329,4,11 973.01 (5m) Extended supervision conditions for sexual assault. (a) In this subsection:

AB329,4,12 1. "Contact" means call, e-mail, mail, or fax.

AB329,4,13 2. "Dating relationship" has the meaning given in s. 813.12 (1) (ag).

AB329,4,17 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.

AB329,4,21 (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:

AB329,4,22 1. Contacting the victim or any protected person.

AB329,5,2 2. Being within a specified distance of the residence, place of employment, or school of the victim or protected person, any other fixed location to minimize contact with the victim or protected person, as determined by the court, or any other location temporarily occupied by the victim or protected person.

AB329,5,3 3. Conducting an Internet search on the victim or any protected person.

AB329,5,5 4. Causing another person other than a law enforcement officer to contact the victim or any protected person.

AB329,5,10 (c) 1. If a person is subject to a condition imposed under par. (b) or s. 302.113 (7) (b) or 302.114 (5) (d) 2., the victim of the violation may file, with the circuit court for the county in which the person was convicted or with the department, a petition, at any time before or during the person's sentence, requesting that the condition be eliminated.

AB329,5,13 2. Upon receiving a petition under subd. 1., the court or the department, whichever is appropriate, shall grant the petition if it determines that granting the petition does not pose a risk to public safety.

AB329,5,16 3. If the petition is not granted under subd. 2., the victim who filed the petition may not file another petition under subd. 1. regarding that person until 5 years have elapsed since the petition was denied.

AB329, s. 9 Section 9. 973.09 (6) of the statutes is created to read:

AB329,5,18 973.09 (6) (a) In this subsection:

AB329,5,19 1. "Contact" has the meaning given in s. 973.01 (5m) (a) 1.

AB329,5,20 2. "Protected person" has the meaning given in s. 973.01 (5m) (a) 3.

AB329,5,23 (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:

AB329,5,24 1. Contacting the victim or any protected person.

AB329,6,4 2. Being within a specified distance of the residence, place of employment, or school of the victim or protected person, any other fixed location to minimize contact with the victim or protected person, as determined by the court, or any other location temporarily occupied by the victim or protected person.

AB329,6,5 3. Conducting an Internet search on the victim or any protected person.

AB329,6,7 4. Causing another person other than a law enforcement officer to contact the victim or any protected person.

AB329,6,11 (c) 1. If a person is subject to a condition imposed under par. (b), the victim of the violation may file, with the circuit court for the county in which the person was convicted or with the department, a petition, at any time before or during the person's probation, requesting that the condition be eliminated.

AB329,6,14 2. Upon receiving a petition under subd. 1., the court or the department, whichever is appropriate, shall grant the petition if it determines that granting the petition does not pose a risk to public safety.

AB329,6,17 3. If the petition is not granted under subd. 2., the victim who filed the petition may not file another petition under subd. 1. regarding that person until 5 years have elapsed since the petition was denied.

AB329, s. 10 Section 10. Initial applicability.

AB329,6,21 (1) The treatment of sections 302.113 (7) (b) and 302.114 (5) (d) 2. of the statutes first applies to persons released to extended supervision on the effective date of this subsection.

AB329,6,23 (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.

AB329,7,2 (3) 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.

AB329,7,3 (End)