AB383: Bill Text

AB383,135 Section 135. 301.45 (1g) (e) of the statutes is amended to read:

AB383,63,15 301.45 (1g) (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m. or 973.048 (1m), or 975.54 (3) (a) to comply with the reporting requirements under this section.

AB383,136 Section 136. 301.45 (1m) (b) of the statutes is amended to read:

AB383,63,24 301.45 (1m) (b) If a person believes that he or she is not required under par. (a) to comply with the reporting requirements under this section and the person is not before the court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048, or 975.54 (3), the person may move a court to make a determination of whether the person satisfies the criteria specified in par. (a). A motion made under this paragraph shall be filed with the circuit court for the county in which the person was convicted, adjudicated delinquent or found not guilty or not responsible by reason of mental disease or defect.

AB383,137 Section 137. 301.45 (1m) (be) of the statutes is amended to read:

AB383,64,8 301.45 (1m) (be) A person who files a motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section shall send a copy of the motion to the district attorney for the county in which the motion is filed. The district attorney shall make a reasonable attempt to contact the victim of the crime that is the subject of the person's motion to inform the victim of his or her right to make or provide a statement under par. (bv).

AB383,138 Section 138. 301.45 (1m) (bm) of the statutes is amended to read:

AB383,64,14 301.45 (1m) (bm) A court shall hold a hearing on a motion made by a person under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section. The district attorney who receives a copy of a motion under par. (be) may appear at the hearing.

AB383,139 Section 139. 301.45 (1m) (bv) of the statutes is amended to read:

AB383,64,23 301.45 (1m) (bv) Before deciding a motion filed under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section, the court shall allow the victim of the crime that is the subject of the motion to make a statement in court at the hearing under par. (bm) or to submit a written statement to the court. A statement under this paragraph must be relevant to whether the person satisfies the criteria specified in par. (a).

AB383,140 Section 140. 301.45 (1m) (d) 1. of the statutes is amended to read:

AB383,65,7 301.45 (1m) (d) 1. Before deciding a motion filed by a person under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section, a court may request the person to be examined by a physician, psychologist, or other expert approved by the court. If the person refuses to undergo an examination requested by the court under this subdivision, the court shall deny the person's motion without prejudice.

AB383,141 Section 141. 301.45 (1m) (e) (intro.) of the statutes is amended to read:

AB383,65,14 301.45 (1m) (e) (intro.) At the hearing held under par. (bm), the person who filed the motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) has the burden of proving by clear and convincing evidence that he or she satisfies the criteria specified in par. (a). In deciding whether the person has satisfied the criterion specified in par. (a) 3., the court may consider any of the following:

AB383,142 Section 142. 301.45 (1p) (b) of the statutes is amended to read:

AB383,66,6 301.45 (1p) (b) If a person is covered under sub. (1g) based solely on an order that was entered under s. 971.17 (1m) (b) 1m., 2011 stats., or under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3) (a), 971.17 (1m) (b) 1m., or, 973.048 (1m), or 975.54 (3) (a) in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, and the court provided in the order that the person be released from the requirement to comply with the reporting requirements under this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, upon the termination or expiration of a commitment order under s. 971.17, 2011 stats., or under s. 975.54 (3) (a), or upon successful completion of the sentence or probation as provided under s. 973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, the commitment order under s. 971.17, 2011 stats., or under s. 975.54 (3) (a) is terminated or expires, or the person successfully completes the sentence or probation, whichever is applicable, the person is no longer required to comply with the reporting requirements under this section.

AB383,143 Section 143. 301.45 (3) (a) 3. of the statutes is amended to read:

AB383,66,13 301.45 (3) (a) 3. If the person has been committed under s. 51.20 or 971.17 subch. II of ch. 975, he or she is subject to this subsection upon being placed on conditional release under s. 971.17 975.57 (4) or 975.59 or on a conditional transfer under s. 51.35 (1) or, if he or she was not placed on conditional release or on a conditional transfer, before he or she is terminated under s. 971.17 (5) 975.60 or discharged under s. 51.35 (4) or 971.17 (6) 975.61.

AB383,144 Section 144. 301.45 (3) (a) 3g. of the statutes is amended to read:

AB383,66,19 301.45 (3) (a) 3g. If the person has been committed for specialized treatment under ch. 975, 2011 stats., he or she is subject to this subsection upon being released on parole under s. 975.10, 2011 stats., or, if he or she was not released on parole, before being discharged from the commitment under s. 975.09, 2011 stats., or s. 975.12, 2011 stats.

AB383,145 Section 145. 301.45 (3) (b) 3. of the statutes is amended to read:

AB383,66,25 301.45 (3) (b) 3. The department of health services shall notify a person who is being placed on conditional release, supervised release, conditional transfer or parole, or is being terminated or discharged from a commitment, under s. 51.20, or 51.35 or 971.17 or, subch. III of ch. 975, ch. 975, 2011 stats., or ch. 980 and who is covered under sub. (1g) of the need to comply with the requirements of this section.

AB383,146 Section 146. 301.45 (5) (a) 3. of the statutes is amended to read:

AB383,67,7 301.45 (5) (a) 3. If the person has been committed to the department of health services under s. 51.20 or 971.17 subch. III of ch. 975 and is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 975.57 (4) or 975.59 for a sex offense, 15 years after termination of the commitment for the sex offense under s. 971.17 (5) 975.60 or discharge from the commitment for the sex offense under s. 51.35 (4) or 971.17 (6) 975.61.

AB383,147 Section 147. 301.45 (5) (a) 3m. of the statutes is amended to read:

AB383,67,11 301.45 (5) (a) 3m. If the person has been committed for specialized treatment under ch. 975, 2011 stats., 15 years after discharge from the commitment under s. 975.09, 2011 stats., or s. 975.12 , 2011 stats.

AB383,148 Section 148. 301.45 (5) (b) 3. of the statutes is amended to read:

AB383,67,16 301.45 (5) (b) 3. The court that ordered the person to comply with the reporting requirements of this section under s. 51.20 (13) (ct), 938.34 (15m), 938.345 (3), 971.17 (1m) (b) or 973.048, or 975.54 (3) also ordered the person to comply with the requirements until his or her death.

AB383,149 Section 149. 301.45 (6) (a) 2. a. of the statutes is amended to read:

AB383,67,21 301.45 (6) (a) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m), or 975.54 (3) (a) to comply with the reporting requirements under this section based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

AB383,150 Section 150. 301.45 (6) (ag) 2. a. of the statutes is amended to read:

AB383,68,2 301.45 (6) (ag) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m), or 975.54 (3) (a) to comply with the reporting requirements under this section based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

AB383,151 Section 151. 301.45 (6) (bm) of the statutes is amended to read:

AB383,68,12 301.45 (6) (bm) Subject to s. 971.19 970.14 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a knowing failure to comply with any requirement to provide information under subs. (2) to (4). If the department of corrections determines that there is probable cause to believe that a person has knowingly failed to comply with any requirement to provide information under subs. (2) to (4) or has intentionally violated sub. (4r), the department shall forward a certified copy of all pertinent departmental information to the applicable district attorney. The department shall certify the copy in accordance with s. 889.08.

AB383,152 Section 152. 301.45 (7) (f) 4. of the statutes is amended to read:

AB383,68,18 301.45 (7) (f) 4. If the person was ordered by a court under s. 971.17 (1m) (b) 1m., 2011 stats., or under s. 975.54 (3) (a) to comply with the reporting requirements under this section, when the department receives notice under s. 971.17 (6m) (b) 2. subch. III of ch. 975 that the commitment order under s. 971.17, 2011 stats., or under s. 975.54 (3) (a) is terminated or has expired.

AB383,153 Section 153. 301.46 (3) (d) of the statutes is amended to read:

AB383,68,22 301.46 (3) (d) The department of health services shall provide the department with access to the names of victims or the family members of victims who have completed cards requesting notification under s. 971.17 (6m) 975.62 or 980.11.

AB383,154 Section 154. 301.47 (3) (b) 1. of the statutes is amended to read:

AB383,69,2 301.47 (3) (b) 1. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m), or 975.54 (3) (a) to comply with the reporting requirements under s. 301.45 based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

AB383,155 Section 155. 301.48 (2) (a) 4. of the statutes is amended to read:

AB383,69,6 301.48 (2) (a) 4. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect places the person on conditional release.

AB383,156 Section 156. 301.48 (2) (a) 5. of the statutes is amended to read:

AB383,69,11 301.48 (2) (a) 5. A court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect discharges the person under s. 971.17 (6) 975.61. This subdivision does not apply if the person was on conditional release immediately before being discharged.

AB383,157 Section 157. 301.48 (2) (b) 3. of the statutes is amended to read:

AB383,69,16 301.48 (2) (b) 3. The department of health services places the person on parole or discharges the person under ch. 975, 2011 stats. This subdivision does not apply unless the person's commitment was based on his or her commission of a serious child sex offense.

AB383,158 Section 158. 302.113 (9) (e) of the statutes is amended to read:

AB383,69,21 302.113 (9) (e) If a hearing is to be held under par. (am) before the division of hearings and appeals in the department of administration, the hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) 967.22.

AB383,159 Section 159. 302.114 (9) (d) of the statutes is amended to read:

AB383,70,2 302.114 (9) (d) If a hearing is to be held under par. (am) before the division of hearings and appeals in the department of administration, the hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) 967.22.

AB383,160 Section 160. 304.06 (3) of the statutes is amended to read:

AB383,70,25 304.06 (3) Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department. If the department alleges that any condition or rule of parole has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the alleged violation. If the department is satisfied that any condition or rule of parole has been violated it shall afford the prisoner such administrative hearings as are required by law. Unless waived by the parolee, the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is licensed to practice law in this state. The hearing examiner shall enter an order revoking or not revoking parole. Upon request by either party, the administrator of the division of hearings and appeals shall review the order. The hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) 967.22. If the parolee waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole. If the examiner, the administrator upon review, or the secretary in the case of a waiver finds that the prisoner has violated the rules or conditions of parole, the examiner, the administrator upon review, or the secretary in the case of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole. If the prisoner claims or appears to be indigent, the department shall refer the prisoner to the authority for indigency determinations specified under s. 977.07 (1).

AB383,161 Section 161. 304.10 (1) (b) of the statutes is amended to read:

AB383,71,4 304.10 (1) (b) A certified copy of the court record entries, the indictment or information complaint, and any additional papers on file in the court, if obtainable, as the governor requires;

AB383,162 Section 162. 322.0767 (1) (a) of the statutes is amended to read:

AB383,71,15 322.0767 (1) (a) If a person subject to a general court-martial is found to lack substantial mental capacity to understand the proceedings or assist in his or own defense and the military judge determined that the person is likely to become competent within the maximum period specified under s. 971.14 (5) (a) of commitment, as defined in s. 975.34 (6) (a), the court-martial convening authority for the person shall commit the person to the custody of the department of health services under as provided in s. 971.14 (5) 975.34 (7). If the military judge determines that the defendant is not likely to become competent in within the time maximum period specified under s. 971.14 (5) of commitment, the military judge shall suspend or terminate the general court-martial.

AB383,163 Section 163. 322.0767 (1) (b) of the statutes is amended to read:

AB383,71,19 322.0767 (1) (b) The department of health services shall submit all reports that are required under s. 971.14 (5) (b) 975.36 and that pertain to a person subject to a commitment order under par. (a) to the court-martial.

AB383,164 Section 164. 322.0767 (1) (c) of the statutes is amended to read:

AB383,72,6 322.0767 (1) (c) Upon receiving a report under s. 971.14 (5) (b) 975.36, the court-martial shall make a determination as to whether the person has become competent. If the court-martial determines that the defendant has become competent, the court-martial shall terminate the commitment to the department of health services and resume the general court-martial. If the court-martial determines that the person is making sufficient progress toward becoming competent, the commitment shall continue. If the court-martial determines that the person is not likely to become competent to proceed in within the time maximum period specified under s. 971.14 (5) (a) of commitment, as defined under s. 971.34 (6) (a), the court-martial shall suspend or terminate the commitment order under this subsection.

AB383,165 Section 165. 322.0767 (1) (d) of the statutes is amended to read:

AB383,72,10 322.0767 (1) (d) If a person who has been restored to competency again becomes incompetent, the maximum commitment period under s. 971.14 (5) (a) of commitment shall be as provided under s. 971.14 (5) (d) 975.36 (6).

AB383,166 Section 166. 322.0767 (2) (a) of the statutes is amended to read:

AB383,72,15 322.0767 (2) (a) If a court-martial finds a person not guilty by reason of mental disease or defect, the court-martial shall commit the person to the custody of the department of health services for a period not to exceed that described under s. 971.17 (1) 975.57 (2).

AB383,167 Section 167. 322.0767 (2) (b) of the statutes is amended to read:

AB383,72,19 322.0767 (2) (b) Using the standard under s. 971.17 (3) (a) 975.57 (1), the court-martial shall determine whether the commitment order under par. (a) shall specify institutional care or conditional release.

AB383,168 Section 168. 322.0767 (2) (c) of the statutes is amended to read:

AB383,73,2 322.0767 (2) (c) The court-martial has the same authority as a circuit court has under s. 971.17 (2) 975.55 to order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 973.004 or a mental examination as provided under s. 971.17 (2) (b), (c), and (e) 975.56 to assist the court-martial in determining whether to place the person in institutional care or to conditionally release the person.

AB383,169 Section 169. 322.0767 (2) (d) of the statutes is amended to read:

AB383,73,9 322.0767 (2) (d) If the court-martial specifies institutional care, the department of health services shall place the person in an institution as provided under s. 971.17 (3) (c) 975.57 (3). If the court-martial specifies conditional release, the department of health services, in conjunction with the person's county of residence, shall develop a plan for conditional release as provided under s. 971.17 (3) (d) 975.57 (4).

AB383,170 Section 170. 322.0767 (2) (e) of the statutes is amended to read:

AB383,73,15 322.0767 (2) (e) After the court-martial enters an order under this subsection and transfers custody of a person to the department of health services, the person shall be subject to s. 971.17 subch. III of ch. 975 and the circuit court for the county in which the person is institutionalized or where the person is placed on conditional release shall have jurisdiction in proceedings under s. 971.17 subch. III of ch. 975.

AB383,171 Section 171. 343.305 (9) (c) of the statutes is amended to read:

AB383,73,21 343.305 (9) (c) If a law enforcement officer informs the circuit or municipal court that a person has refused to submit to a test under sub. (3) (a), (am), or (ar), the court shall be prepared to hold any requested hearing to determine if the refusal was proper. The scope of the hearing shall be limited to the issues outlined in par. (a) 5. or (am) 5. Section 967.055 970.25 applies to any hearing under this subsection.

AB383,172 Section 172. 345.20 (1) (a) of the statutes is amended to read:

AB383,73,24 345.20 (1) (a) "Judge" has the meaning specified in s. 967.02 (6) means a judge of a court of record.

AB383,173 Section 173. 345.20 (2) (c) of the statutes is amended to read:

AB383,74,3 345.20 (2) (c) Sections 967.055 and 972.11 (3m) apply Section 970.25 applies to traffic forfeiture actions for violations of s. 346.63 (1) or (5) or a local ordinance in conformity therewith.

AB383,174 Section 174. 345.28 (3) (a) of the statutes is amended to read:

AB383,74,13 345.28 (3) (a) If the person does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified in the citation, within 28 days after the citation is issued, the authority that issued the citation may issue a summons under s. 968.04 (3) (b) 969.22 to the person and, in lieu of or in addition to issuing the summons, may proceed under sub. (4) or (5) but, except as provided in this section, no warrant may be issued for the person. If the person does not pay towing and storage charges associated with a citation for a nonmoving traffic violation, the authority that issued the citation may proceed under sub. (4).

AB383,175 Section 175. 345.28 (5) (b) 1. of the statutes is amended to read:

AB383,74,20 345.28 (5) (b) 1. If a person fails to respond to the notices under par. (a) within the time specified in the notice, a warrant that substantially complies with the mandatory provisions under s. 968.04 (3) (a) 969.21 (1) may be issued for the person, except that the warrant shall direct the officer to accept the person's deposit of money or his or her valid Wisconsin operator's license, as provided under subd. 2. a., in lieu of serving the warrant and arresting the person.

AB383,176 Section 176. 345.31 of the statutes is amended to read:

AB383,75,3 345.31 Venue in traffic regulation actions. Section 971.19 on place 970.14 on venue of trial in criminal actions applies to actions for the violation of traffic regulations and nonmoving traffic violations except that, in the case of a violation of an ordinance of a municipality which is located in more than one county, the action may be brought in any court sitting in that municipality even though in another county. As an alternative, the plaintiff may bring the action in the county where the defendant resides.

AB383,177 Section 177. 346.63 (2) (am) of the statutes is amended to read:

AB383,75,13 346.63 (2) (am) A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a) 1., 2., or 3. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a) 1., 2., or 3. in the complaint, the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of any combination of par. (a) 1., 2., or 3. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under ss. 343.30 (1q) and 343.305. Paragraph (a) 1., 2., and 3. each require proof of a fact for conviction which the others do not require.

AB383,178 Section 178. 346.63 (6) (b) of the statutes is amended to read:

AB383,75,23 346.63 (6) (b) A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of par. (a) or sub. (2) (a) 1. or both for acts arising out of the same incident or occurrence. If the person is charged with violating both par. (a) and sub. (2) (a) 1. in the complaint, the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of violating both par. (a) and sub. (2) (a) 1. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions. Paragraph (a) and sub. (2) (a) 1. each require proof of a fact for conviction which the other does not require.

AB383,179 Section 179. 350.101 (2) (c) of the statutes is amended to read: