LRB-2448/1
CMH:jek&eev:rs
2013 - 2014 LEGISLATURE
October 17, 2013 - Introduced by Representatives Williams, Stone, Brooks, T.
Larson, Born, Kaufert, Ohnstad, Jorgensen, Bernier and Nass, cosponsored
by Senator Lassa. Referred to Committee on Criminal Justice.
AB441,1,5
1An Act to amend 301.45 (2) (a) 5., 301.45 (7) (a), 301.46 (2) (b) 5. and 301.46 (5)
2(bm) 3.; and
to create 301.45 (2) (a) 3m., 301.46 (2) (b) 3m., 301.46 (2m) (ap) and
3301.46 (5) (bm) 5m. of the statutes;
relating to: information on a person who
4is required to register as a sex offender and notification of law enforcement
5when certain sex offenders change residential addresses.
Analysis by the Legislative Reference Bureau
Under current law, a person must 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. DOC must provide the general public
with Internet access to certain information on the registry, such as a registrant's
name, physical description, address, and crime that subjects the registrant to the
requirement to register. This bill requires the registry to include, and make available
to the general public, any sex offense that was dismissed as part of a plea agreement
if the court ordered the offender to register and all addresses at which a registrant
will reside. In addition, the general public Internet site must indicate all addresses
for each entry in the sex offender register, whether the entry is a registrant's name
or an alias a registrant uses.
Under current law, when a registrant is released into the community from
confinement or other care, DOC or the Department of Health Services (DHS),
whichever agency has authority over the registrant, has the option to notify the
police chief of the community, and the sheriff of the county, in which the registrant
will be residing, employed, or attending school if the registrant has been convicted,
or found not guilty by reason of mental defect or disease, of a sex offense only one time
and must notify the police chief of the community, and the sheriff of the county, in
which the registrant will be residing, employed, or attending school or through which
the registrant will be traveling if the registrant has been, on two or more occasions,
convicted, or found not guilty by reason of mental disease or defect, of a sex offense
or if the registrant has been found to be a sexually violent person. The notification
must include the registrant's residential address. This bill requires DOC or DHS,
if the agency provided notice, to notify the same persons if the registrant moves.
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:
AB441,1
1Section
1. 301.45 (2) (a) 3m. of the statutes is created to read:
AB441,2,42
301.45
(2) (a) 3m. a. Any sex offense that was dismissed as part of a plea
3agreement if the sentencing court ordered that the offender be subject to the
4registration requirements of this section.
AB441,2,75
b. Any sex offense that was dismissed as part of a plea agreement if the
6adjudicating court ordered that the juvenile be subject to the registration
7requirements of this section.
AB441,2
8Section
2. 301.45 (2) (a) 5. of the statutes is amended to read:
AB441,2,109
301.45
(2) (a) 5.
The address All addresses at which the person is or will be
10residing.
AB441,3
11Section
3. 301.45 (7) (a) of the statutes is amended to read:
AB441,3,412
301.45
(7) (a) The department shall maintain information provided under sub.
13(2). The department shall keep the information confidential except as provided in
14ss. 301.03 (14) and 301.46, except as needed for law enforcement purposes and except
15to provide, in response to a request for information under s. 49.22 (2m) made by the
1department of children and families or a county child support agency under s. 59.53
2(5), the name and
address all residential addresses of an individual registered under
3this section, the name and address of the individual's employer and financial
4information related to the individual.
AB441,4
5Section
4. 301.46 (2) (b) 3m. of the statutes is created to read:
AB441,3,86
301.46
(2) (b) 3m. a. Any sex offense that was dismissed as part of a plea
7agreement if the sentencing court ordered that the offender be subject to the
8registration requirements of s. 301.45.
AB441,3,119
b. Any sex offense that was dismissed as part of a plea agreement if the
10adjudicating court ordered that the juvenile be subject to the registration
11requirements of s. 301.45.
AB441,5
12Section
5. 301.46 (2) (b) 5. of the statutes is amended to read:
AB441,3,1313
301.46
(2) (b) 5.
The address All addresses at which the person is residing.
AB441,6
14Section
6. 301.46 (2m) (ap) of the statutes is created to read:
AB441,3,2115
301.46
(2m) (ap) If the subject of the notification under par. (a) or (am) changes
16his or her residential address, the agency with jurisdiction shall notify the police
17chief of any community, and the sheriff of any county, in which the person will be
18residing, employed, or attending school. Notification under this paragraph shall be
19in the form of a written bulletin and shall be in addition to providing access to
20information under sub. (2) and to any other notification that an agency with
21jurisdiction is authorized to provide.
AB441,7
22Section
7. 301.46 (5) (bm) 3. of the statutes is amended to read:
AB441,3,2523
301.46
(5) (bm) 3. The person's name and
home address any aliases the person
24uses, indicating for each name and each alias all addresses at which the person is
25residing.
AB441,8
1Section
8. 301.46 (5) (bm) 5m. of the statutes is created to read:
AB441,4,42
301.46
(5) (bm) 5m. a. Any sex offense that was dismissed as part of a plea
3agreement if the sentencing court ordered that the offender be subject to the
4registration requirements of s. 301.45.
AB441,4,75
b. Any sex offense that was dismissed as part of a plea agreement if the
6adjudicating court ordered that the juvenile be subject to the registration
7requirements of s. 301.45.
AB441,9
8Section
9.
Initial applicability.
AB441,4,119
(1) The treatment of sections 301.45 (2) (a) 3m. and 301.46 (2) (b) 3m. and (5)
10(bm) 5m. of the statutes first applies to persons required to register on the effective
11date of this subsection.
AB441,10
12Section
10.
Effective dates. This act takes effect on the first day of the 2nd
13month beginning after publication, except as follows:
AB441,4,1514
(1)
The treatment of section 301.46 (2m) (ap) of the statutes takes effect on the
15day after publication.
