LRB-1669/1
RLR:nwn:jf
2009 - 2010 LEGISLATURE
August 31, 2009 - Introduced by Representatives Zigmunt, Parisi, Gundrum,
Berceau, Bernard Schaber, Hraychuck, Pope-Roberts, Roys, Suder
and
Turner, cosponsored by Senators Plale, Taylor and Darling. Referred to
Committee on Corrections and the Courts.
AB411,1,9 1An Act to renumber 301.45 (1p); to renumber and amend 51.20 (13) (ct) 1m.,
2938.34 (15m) (am), 971.17 (1m) (b) 1m. and 973.048 (1m); to amend 51.20 (13)
3(ct) 3. (intro.), 301.45 (1p) (title), 301.45 (7) (e) (intro.), 301.45 (7) (e) 1., 938.34
4(15m) (c) (intro.), 938.345 (3) (a) (intro.), 971.17 (1m) (b) 3. (intro.) and 973.048
5(3) (intro.); and to create 51.20 (13) (ct) 1m. b., 301.45 (1p) (b), 301.45 (7) (f),
6938.34 (15m) (am) 2., 938.345 (3) (d), 971.17 (1m) (b) 1m. b. and 973.048 (1m)
7(b) of the statutes; relating to: the prohibition against making, reproducing,
8or possessing a nude depiction of a person without the person's consent and the
9sex offender registry.
Analysis by the Legislative Reference Bureau
Current law prohibits making a visual representation that depicts a person
nude without the person's consent while the person is nude in a circumstance in
which he or she has a reasonable expectation of privacy, and prohibits reproducing
or possessing such visual representations. Current law also prohibits making, or
making and distributing, a visual representation of a person without the person's
consent while the person is nude in a locker room. So-called video voyeurism is a
Class I felony if committed while the person is nude in a circumstance in which he

or she has a reasonable expectation of privacy, and is a misdemeanor if committed
in a locker room.
Under current law, a court may require a person who is convicted, adjudicated
delinquent, found in need of protection or services, or found not guilty or not
responsible by reason of mental disease or defect for certain offenses to register with
the Department of Corrections (DOC) as a sex offender.
This bill provides that a court may order a person to register with DOC as a sex
offender if the person is convicted, adjudicated delinquent, found in need of
protection or services, or found not guilty or not responsible by reason of mental
disease or defect for committing video voyeurism and the court determines that the
offense was sexually motivated. The bill further provides that if the person was
under the age of 21 when he or she committed the video-voyeurism offense, the court
may provide that upon successful completion of the sentence, dispositional order, or
commitment for the offense the person be released from the requirement to register
as a sex offender. Under the bill, if the person is released from the requirement to
register as a sex offender for a video-voyeurism offense and was not required to
register for any other offense, DOC must delete information concerning the person
from the sex offender registry.
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:
AB411, s. 1 1Section 1. 51.20 (13) (ct) 1m. of the statutes is renumbered 51.20 (13) (ct) 1m.
2a. and amended to read:
AB411,2,103 51.20 (13) (ct) 1m. a. Except as provided in subd. 2m., if the subject individual
4is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and
5is found to have committed any violation, or to have solicited, conspired, or attempted
6to commit any violation, of ch. 940, 944, or 948 or ss. s. 942.08 or 942.09, or ss. 943.01
7to 943.15, the court may require the subject individual to comply with the reporting
8requirements under s. 301.45 if the court determines that the underlying conduct
9was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest
10of public protection to have the subject individual report under s. 301.45.
AB411, s. 2 11Section 2. 51.20 (13) (ct) 1m. b. of the statutes is created to read:
AB411,3,7
151.20 (13) (ct) 1m. b. If a court under subd. 1m. a. orders a person to comply
2with the reporting requirements under s. 301.45 in connection with the commission
3of a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s.
4942.09, the court may provide that the person be released from the requirement to
5comply with the reporting requirements under s. 301.45 upon satisfying conditions
6specified by the court. If the person satisfies the conditions, the court shall notify the
7department of corrections that the person has satisfied the conditions.
AB411, s. 3 8Section 3. 51.20 (13) (ct) 3. (intro.) of the statutes is amended to read:
AB411,3,119 51.20 (13) (ct) 3. (intro.) In determining under subd. 1m. a. whether it would
10be in the interest of public protection to have the subject individual report under s.
11301.45, the court may consider any of the following:
AB411, s. 4 12Section 4. 301.45 (1p) (title) of the statutes is amended to read:
AB411,3,1413 301.45 (1p) (title) Exception to registration requirement; expungement of
14invasion of privacy adjudication or conviction
privacy-related offenses.
AB411, s. 5 15Section 5. 301.45 (1p) of the statutes is renumbered 301.45 (1p) (a).
AB411, s. 6 16Section 6. 301.45 (1p) (b) of the statutes is created to read:
AB411,4,517 301.45 (1p) (b) If a person is covered under sub. (1g) based solely on an order
18that was entered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3) (a),
19971.17 (1m) (b) 1m., or 973.048 (1m) in connection with a violation, or the solicitation,
20conspiracy, or attempt to commit a violation, of s. 942.09, and the court provided in
21the order that the person be released from the requirement to comply with the
22reporting requirements under this section upon satisfying the conditions of the court
23order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938,
24upon the termination or expiration of a commitment order under s. 971.17, or upon
25successful completion of the sentence or probation as provided under s. 973.048 (1m)

1(b), whichever is applicable, and the person satisfies the conditions of the court order
2under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, the
3commitment order under s. 971.17 is terminated or expires, or the person
4successfully completes the sentence or probation, whichever is applicable, the person
5is no longer required to comply with the reporting requirements under this section.
AB411, s. 7 6Section 7. 301.45 (7) (e) (intro.) of the statutes is amended to read:
AB411,4,97 301.45 (7) (e) (intro.) The department shall purge all of the information
8maintained in the registry under sub. (2) concerning a person to whom sub. (1p) (a)
9applies if any of the following occurs:
AB411, s. 8 10Section 8. 301.45 (7) (e) 1. of the statutes is amended to read:
AB411,4,1311 301.45 (7) (e) 1. The department receives notice under s. 938.355 (4m) (b) that
12a court has expunged the record of the person's delinquency adjudication for the
13violation described in sub. (1p) (a).
AB411, s. 9 14Section 9. 301.45 (7) (f) of the statutes is created to read:
AB411,4,1715 301.45 (7) (f) The department shall purge all of the information maintained in
16the registry under sub. (2) concerning a person to whom sub. (1p) (b) applies when
17any of the following occurs:
AB411,4,2118 1. If the person was ordered by a court under s. 51.20 (13) (ct) 1m. to comply
19with the reporting requirements under this section, when the department receives
20notice under s. 51.20 (13) (ct) 1m. b. that the person has satisfied conditions of the
21court order.
AB411,4,2522 2. If the person was ordered by a court under s. 938.34 (15m) (am) to comply
23with the reporting requirements under this section, when the department receives
24notice under s. 938.34 (15m) (am) 2. that the juvenile has satisfied the conditions of
25the dispositional order.
AB411,5,4
13. If the person was ordered by a court under s. 938.345 (3) (a) to comply with
2the reporting requirements under this section, when the department receives notice
3under s. 938.345 (3) (d) that the juvenile has satisfied the conditions of the
4dispositional order.
AB411,5,85 4. If the person was ordered by a court under s. 971.17 (1m) (b) 1m. to comply
6with the reporting requirements under this section, when the department receives
7notice under s. 971.17 (6m) (b) 2. that the commitment order under s. 971.17 is
8terminated or has expired.
AB411,5,119 5. If the person was ordered by a court under s. 973.048 (1m) to comply with
10the reporting requirements under this section, when the person successfully
11completes the sentence of probation as provided under s. 973.048 (1m) (b).
AB411, s. 10 12Section 10. 938.34 (15m) (am) of the statutes is renumbered 938.34 (15m) (am)
131. and amended to read:
AB411,5,2014 938.34 (15m) (am) 1. Except as provided in par. (bm), if the juvenile is
15adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy,
16or attempt to commit any violation, under ch. 940, 944, or 948 or ss. s. 942.08 or
17942.09,
or ss. 943.01 to 943.15, the court may require the juvenile to comply with the
18reporting requirements under s. 301.45 if the court determines that the underlying
19conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in
20the interest of public protection to have the juvenile report under s. 301.45.
AB411, s. 11 21Section 11. 938.34 (15m) (am) 2. of the statutes is created to read:
AB411,6,422 938.34 (15m) (am) 2. If the court under subd. 1. orders the juvenile to comply
23with the reporting requirements under s. 301.45 in connection with a violation, or
24the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, the court
25may provide that the juvenile be released from the requirement to comply with the

1reporting requirements under s. 301.45 upon satisfying the conditions of the
2dispositional order imposed for the offense. If the juvenile satisfies the conditions
3of the dispositional order, the court shall notify the department that the juvenile has
4satisfied the conditions of the dispositional order.
AB411, s. 12 5Section 12. 938.34 (15m) (c) (intro.) of the statutes is amended to read:
AB411,6,86 938.34 (15m) (c) (intro.) In determining under par. (am) 1. whether it would
7be in the interest of public protection to have the juvenile report under s. 301.45, the
8court may consider any of the following:
AB411, s. 13 9Section 13. 938.345 (3) (a) (intro.) of the statutes is amended to read:
AB411,6,1810 938.345 (3) (a) (intro.) If the court finds that a juvenile is in need of protection
11or services on the basis of a violation, or the solicitation, conspiracy, or attempt to
12commit a violation, under ch. 940, 944, or 948 or ss. s. 942.08 or 942.09, or ss. 943.01
13to 943.15, the court may require the juvenile to comply with the reporting
14requirements under s. 301.45 if the court determines that the underlying conduct
15was sexually motivated, as defined in s. 980.01 (5), and that it is in the interest of
16public protection to have the juvenile report under s. 301.45. In determining whether
17it is in the interest of public protection to have the juvenile report under s. 301.45,
18the court may consider any of the following:
AB411, s. 14 19Section 14. 938.345 (3) (d) of the statutes is created to read:
AB411,7,220 938.345 (3) (d) If the court under par. (a) orders the juvenile to comply with the
21reporting requirements under s. 301.45 in connection with a violation, or the
22solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, the court may
23provide that the juvenile be released from the requirement to comply with the
24reporting requirements under s. 301.45 upon satisfying the conditions of the
25dispositional order imposed for the offense. If the juvenile satisfies the conditions

1of the dispositional order, the clerk of the court shall notify the department that the
2juvenile has satisfied the conditions of the dispositional order.
AB411, s. 15 3Section 15. 971.17 (1m) (b) 1m. of the statutes is renumbered 971.17 (1m) (b)
41m. a. and amended to read:
AB411,7,125 971.17 (1m) (b) 1m. a. Except as provided in subd. 2m., if the defendant under
6sub. (1) is found not guilty by reason of mental disease or defect for any violation, or
7for the solicitation, conspiracy, or attempt to commit any violation, of ch. 940, 944,
8or 948 or ss. s. 942.08 or 942.09, or ss. 943.01 to 943.15, the court may require the
9defendant to comply with the reporting requirements under s. 301.45 if the court
10determines that the underlying conduct was sexually motivated, as defined in s.
11980.01 (5), and that it would be in the interest of public protection to have the
12defendant report under s. 301.45.
AB411, s. 16 13Section 16. 971.17 (1m) (b) 1m. b. of the statutes is created to read:
AB411,7,2114 971.17 (1m) (b) 1m. b. If a court under subd. 1m. a. orders a person to comply
15with the reporting requirements under s. 301.45 in connection with a finding of not
16guilty by reason of mental disease or defect for a violation, or the solicitation,
17conspiracy, or attempt to commit a violation, of s. 942.09 and the person was under
18the age of 21 when he or she committed the offense, the court may provide that upon
19termination of the commitment order under sub. (5) or expiration of the order under
20sub. (6) the person be released from the requirement to comply with the reporting
21requirements under s. 301.45.
AB411, s. 17 22Section 17. 971.17 (1m) (b) 3. (intro.) of the statutes is amended to read:
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