AB421,10,54 1. The ages, at the time of the violation, of the juvenile and the victim of the
5violation.
AB421,10,66 2. The relationship between the juvenile and the victim of the violation.
AB421,10,87 3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to
8the victim.
AB421,10,119 4. Whether the victim suffered from a mental illness or mental deficiency that
10rendered him or her temporarily or permanently incapable of understanding or
11evaluating the consequences of his or her actions.
AB421,10,1212 5. The probability that the juvenile will commit other violations in the future.
AB421,10,1413 6. Any other factor that the court determines may be relevant to the particular
14case.
AB421,10,1715 (d) If the court orders a juvenile to comply with the requirements under s.
16301.49 (4), the court shall order the juvenile to continue to comply for a period of not
17less than 15 years and may order the juvenile to comply until his or her death.
AB421,10,2318 (e) If the court orders a juvenile to comply with the requirements under s.
19301.49 (4), the clerk of the court in which the order is entered shall promptly forward
20a copy of the order to the department. If the finding of need of protection or services
21on which the order is based is reversed, set aside, or vacated, the clerk of the court
22shall promptly forward to the department a certificate stating that the finding has
23been reversed, set aside, or vacated.
AB421, s. 12 24Section 12. 971.17 (1m) (title) of the statutes is amended to read:
AB421,11,2
1971.17 (1m) (title) Sexual assault; registration and testing; operator's
2licenses or state identification cards
.
AB421, s. 13 3Section 13. 971.17 (1m) (c) of the statutes is created to read:
AB421,11,84 971.17 (1m) (c) 1. Except as provided in subd. 2., if, under par. (b) 1m. or 2m.,
5the court orders the defendant to comply with the reporting requirements under s.
6301.45, the court may order the defendant to comply with the requirements under
7s. 301.49 (4) if the court determines that it would be in the interest of public
8protection to have the defendant comply with the requirements under s. 301.49 (4).
AB421,11,149 2. If the court orders the defendant under par. (b) 2m. to comply with the
10reporting requirements under s. 301.45 and the defendant is found not guilty by
11reason of mental disease or defect for a violation of, or for the solicitation, conspiracy,
12or attempt to commit a violation of, a serious sex offense, as defined in s. 301.49 (1)
13(c), the court shall order the defendant to comply with the requirements under s.
14301.49 (4).
AB421,11,1715 3. In determining under subd. 1. whether it would be in the interest of public
16protection to have the defendant comply with the requirements under s. 301.49, the
17court may consider any of the following:
AB421,11,1918 a. The ages, at the time of the violation, of the defendant and the victim of the
19violation.
AB421,11,2020 b. The relationship between the defendant and the victim of the violation.
AB421,11,2221 c. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to
22the victim.
AB421,11,2523 d. Whether the victim suffered from a mental illness or mental deficiency that
24rendered him or her temporarily or permanently incapable of understanding or
25evaluating the consequences of his or her actions.
AB421,12,1
1e. The probability that the defendant will commit other violations in the future.
AB421,12,32 f. Any other factor that the court determines may be relevant to the particular
3case.
AB421,12,64 4. If the court orders a defendant to comply with the requirements under s.
5301.49 (4), the court shall order the defendant to continue to comply for a period of
6not less than 15 years and may order the defendant to comply until his or her death.
AB421,12,137 5. If the court orders a defendant to comply with the requirements under s.
8301.49 (4), the clerk of the court in which the order is entered shall promptly forward
9a copy of the order to the department of corrections. If the finding of not guilty by
10reason of mental disease or defect on which the order is based is reversed, set aside,
11or vacated, the clerk of the court shall promptly forward to the department of
12corrections a certificate stating that the finding has been reversed, set aside, or
13vacated.
AB421, s. 14 14Section 14. 973.0485 of the statutes is created to read:
AB421,12,20 15973.0485 Sex offender operator's licenses or state identification cards.
16(1) Except as provided in sub. (2), if, under s. 973.048 (1m) or (2m), a court orders
17a person to comply with the reporting requirements under s. 301.45 the court may
18order the person to comply with requirements under s. 301.49 (4) if the court
19determines that it would be in the interest of public protection to have the person
20comply with the requirements under s. 301.49 (4).
AB421,12,25 21(2) If, under s. 973.048 (2m), a court orders a person to comply with the
22reporting requirements under s. 301.45 based on a violation of, or for the solicitation,
23conspiracy, or attempt to commit a violation of, a serious sex offense, as defined in
24s. 301.49 (1) (c), the court shall order the person to comply with the requirements
25under s. 301.49 (4).
AB421,13,3
1(3) In determining under sub. (1) whether it would be in the interest of public
2protection to have the person comply with the requirements under s. 301.49 (4), the
3court may consider any of the following:
AB421,13,54 (a) The ages, at the time of the violation, of the person and the victim of the
5violation.
AB421,13,66 (b) The relationship between the person and the victim of the violation.
AB421,13,87 (c) Whether the violation resulted in bodily harm, as defined in s. 939.22 (4),
8to the victim.
AB421,13,119 (d) Whether the victim suffered from a mental illness or mental deficiency that
10rendered him or her temporarily or permanently incapable of understanding or
11evaluating the consequences of his or her actions.
AB421,13,1212 (e) The probability that the person will commit other violations in the future.
AB421,13,1413 (f) Any other factor that the court determines may be relevant to the particular
14case.
AB421,13,17 15(4) If the court orders a person to comply with the requirements under s. 301.49
16(4), the court shall order the person to continue to comply for a period of not less than
1715 years and may order the person to comply until his or her death.
AB421,13,23 18(5) If the court orders a person to comply with the requirements under s. 301.49
19(4), the clerk of the court in which the order is entered shall promptly forward a copy
20of the order to the department of corrections. If the conviction on which the order is
21based is reversed, set aside, or vacated, the clerk of the court shall promptly forward
22to the department of corrections a certificate stating that the conviction has been
23reversed, set aside, or vacated.
AB421, s. 15 24Section 15. Initial applicability.
AB421,14,5
1(1) The treatment of section 301.49 (2) (a) of the statutes first applies to persons
2who are subject to the sex offender registration requirement under section 301.45 of
3the statutes due to the commission of a serious sex offense, as defined in section
4301.49 (1) (c) of the statutes, as created by this act, on the effective date of this
5subsection.
AB421,14,76 (2) The treatment of section 301.49 (2) (c) of the statutes first applies to a person
7who are on supervised release on the effective date of this subsection.
AB421, s. 16 8Section 16. Effective date.
AB421,14,109 (1) This act takes effect on the first day of the 7th month beginning after
10publication.
AB421,14,1111 (End)
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