2007 - 2008 LEGISLATURE
November 6, 2007 - Introduced by Representatives Suder, Boyle, Jeskewitz, Bies,
Gunderson, Gronemus, Hraychuck, Hubler, Kleefisch, LeMahieu, Musser,
A. Ott, Owens, Petrowski, Tauchen, Townsend and Turner, cosponsored by
Senators Hansen, Darling, A. Lasee, Olsen, Roessler and Schultz. Referred
to Committee on Criminal Justice.
AB566,1,9
1An Act to renumber 452.24 (1);
to renumber and amend 452.24 (2), 704.50
2(1), (2) and (3) and 706.20 (1), (2) and (3);
to amend 51.30 (3) (a), 71.78 (5),
3301.03 (14), 452.23 (2) (d), 452.24 (title), 704.50 (title), 706.20 (title), 938.185 (1)
4(intro.) and 950.04 (1v) (v); and
to create 20.410 (1) (gk), 51.20 (13) (cu), 51.30
5(3) (e), 51.30 (4) (b) 24m., 71.78 (4) (qc), 165.8285 (1m), 301.55, 452.23 (2) (e),
6452.24 (2m), 704.50 (2m), 706.20 (2m), 938.185 (3m), 938.34 (15r), 938.345
7(3m), 938.396 (2g) (er), 971.17 (1r), 971.19 (9m), 973.017 (3) (bg) and 973.0485
8of the statutes;
relating to: creating a registry for violent offenders, requiring
9the exercise of rule-making authority, and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, persons who have committed certain felony sex offenses are
required to register as sex offenders with the Department of Corrections (DOC). In
addition, a court may order a person who commits certain other felonies or
misdemeanors to register as a sex offender if the person's conduct was sexually
motivated and it is in the interest of public protection to have him or her register.
This bill creates a violent offender registry. Under the bill, persons are required
to register with DOC if they have committed certain violent felonies, including
certain types of homicide, certain types of batteries, mayhem, taking hostages,
kidnapping, arson, and carjacking with a dangerous weapon (violent offense). In
addition, a court may order a person who commits another felony or misdemeanor
to register as a violent offender if the court determines that the person's actions
demonstrate a pattern of violent activity and that it is in the interest of public
protection to have him or her register (court-imposed registration requirement).
Under this bill, DOC maintains the violent offender registry. The registry must
contain specific information about persons required to register, such as information
concerning the person's offense, the person's address, and the person's place of
employment. A person registered as a violent offender must also update the
information if the information provided to the registry changes.
A person generally must continue to register as a violent offender for 15 years
after the date on which he or she is discharged from his or her sentence, commitment,
or other type of supervision. However, a person must register for life if one of the
following applies: 1) he or she has been, on two or more occasions, convicted, or found
not guilty by reason of mental disease or defect, of a violent offense, including if the
first conviction or finding occurs before the effective date of this bill; 2) he or she has
been convicted, or found not guilty by reason of mental disease or defect, of a violent
offense, including a conviction or finding that occurs before the effective date of this
bill, and is subsequently subject to a court-imposed registration requirement; 3) he
or she is subject to a court-imposed registration requirement for a second time; or
4) he or she is subject to a court-imposed registration requirement and then is
subsequently convicted, or found not guilty by reason of mental disease or defect, of
a violent offense. In addition, a person who has a lifetime requirement to register
as a violent offender in another jurisdiction must register for life in this state.
A person who intentionally fails to comply with the violent offender registration
requirement may, for the first offense, be fined not more than $10,000, imprisoned
for not more than nine months, or both. For a second or subsequent offense, the
person may be fined not more than $10,000, imprisoned for not more than five years,
or both.
This bill requires DOC to establish an Internet site containing information
from the violent offender registry. The Internet site must be organized in a manner
that allows a person to get the information that DOC is currently authorized or
required to provide to the person. In addition, the site may provide access to any other
information that DOC determines is necessary to release for protection of the public.
DOC is required to keep the site secure against unauthorized alteration. This bill
also requires DOC to use a direct electronic data transfer system to make
information about the registrants available to law enforcement agencies and
requires DOC, if requested, to notify victims or their families about registration and
registration updates.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB566, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table 
AB566, s. 2
3Section
2. 20.410 (1) (gk) of the statutes is created to read:
AB566,3,74
20.410
(1) (gk)
Violent offender management. The amounts in the schedule for
5the supervision of persons on probation, parole, or extended supervision. All moneys
6received from violent offenders under s. 301.55 (14) shall be credited to this
7appropriation account.
AB566, s. 3
8Section
3. 51.20 (13) (cu) of the statutes is created to read:
AB566,3,119
51.20
(13) (cu) 1. In this paragraph, "pattern of violent activity" means the
10commission of, attempt to commit, or solicitation to commit 2 or more of the following
11acts if the last of those acts occurred within 5 years after a prior act:
AB566,3,1212
a. Any violation of ch. 940, 941, or 948.
AB566,3,1313
b. A violation of s. 947.013.
AB566,3,1414
c. A domestic abuse offense, as defined in s. 940.32 (1) (ap).
AB566,3,1615
d. A violation of any temporary restraining order or injunction issued under ch.
16813.
AB566,4,2
1e. A crime under federal law or the law of another state that is comparable to
2a crime described in this subdivision.
AB566,4,103
2. Except as provided in subd. 3., if the subject individual is before the court
4on a petition filed under a court order under s. 938.30 (5) (c) 1. or 971.14 (6) (b) and
5is found to have committed a violation, or to have solicited, conspired, or attempted
6to commit a violation, of any misdemeanor or felony, the court may require the
7subject individual to comply with the reporting requirements under s. 301.55 if the
8court determines that the subject individual's actions demonstrate a pattern of
9violent activity and that it would be in the interest of public protection to have the
10subject individual report under s. 301.55.
AB566,4,1511
3. If the subject individual is before the court on a petition filed under a court
12order under s. 938.30 (5) (c) 1. or 971.14 (6) (b) for the commission of, or for the
13solicitation, conspiracy, or attempt to commit, a violent offense, as defined in s.
14301.55 (1) (d), the court shall require the individual to comply with the reporting
15requirements under s. 301.55.
AB566,4,1716
4. In making its determination under subd. 2., the court may consider any of
17the following:
AB566,4,1918
a. The ages, at the time of the violation, of the subject individual and the victim
19of the violation.
AB566,4,2020
b. The injury the victim suffered.
AB566,4,2221
c. The probability that the subject individual will commit other violations in the
22future.
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d. Any temporary restraining order or injunction issued under ch. 813.
AB566,4,2524
e. Any other factor that the court determines may be relevant to the particular
25case.
AB566,5,7
15. If the court orders the subject individual to comply with the reporting
2requirements under s. 301.55, the clerk of the court in which the order is entered
3shall promptly forward a copy of the order to the department of corrections. If the
4finding under s. 938.30 (5) (c) (intro.) or 971.14 on which the order is based is
5reversed, set aside, or vacated, the clerk of the court shall promptly forward to the
6department of corrections a certificate stating that the finding has been reversed, set
7aside, or vacated.
AB566, s. 4
8Section
4. 51.30 (3) (a) of the statutes is amended to read:
AB566,5,119
51.30
(3) (a) Except as provided in pars. (b), (bm), (c),
and (d),
and (e), the files
10and records of the court proceedings under this chapter shall be closed but shall be
11accessible to any individual who is the subject of a petition filed under this chapter.
AB566, s. 5
12Section
5. 51.30 (3) (e) of the statutes is created to read:
AB566,5,1613
51.30
(3) (e) The department of corrections shall have access to the files and
14records of court proceedings under this chapter concerning an individual required to
15register under s. 301.55. The department of corrections may disclose information
16that it obtains under this paragraph as provided under s. 301.55 (11).
AB566, s. 6
17Section
6. 51.30 (4) (b) 24m. of the statutes is created to read:
AB566,5,2118
51.30
(4) (b) 24m. To the department of corrections for the purpose of obtaining
19information concerning a person required to register under s. 301.55. The
20department of corrections may disclose information that it receives under this
21subdivision as provided under s. 301.55 (11).
AB566, s. 7
22Section
7. 71.78 (4) (qc) of the statutes is created to read:
AB566,5,2523
71.78
(4) (qc) Employees of the department of corrections involved in the
24administration of the violent offender registry under s. 301.55, for the purpose of
25verifying information provided by a person required to register as a violent offender.
AB566, s. 8
1Section
8. 71.78 (5) of the statutes is amended to read:
AB566,6,62
71.78
(5) Agreement with department. Copies of returns and claims specified
3in sub. (1) and related schedules, exhibits, writings or audit reports shall not be
4furnished to the persons listed under sub. (4), except persons under sub. (4) (e), (k),
5(n), (o)
and, (q)
, and (qc) or under an agreement between the department of revenue
6and another agency of government.
AB566, s. 9
7Section
9. 165.8285 (1m) of the statutes is created to read:
AB566,6,118
165.8285
(1m) The department of justice shall, through the transaction
9information for management of enforcement system, provide local law enforcement
10agencies with access to the registry of violent offenders maintained by the
11department of corrections under s. 301.55.
AB566, s. 10
12Section
10. 301.03 (14) of the statutes is amended to read:
AB566,6,1813
301.03
(14) Upon request of the department of revenue, disclose information
14to the department of revenue concerning a prisoner, probationer
, or parolee or a
15person registered under s. 301.45
or 301.55 for the purposes of locating persons, or
16the assets of persons, who have failed to file tax returns, who have underreported
17their taxable income
, or who are delinquent taxpayers, identifying fraudulent tax
18returns or providing information for tax-related prosecutions.
AB566, s. 11
19Section
11. 301.55 of the statutes is created to read:
AB566,6,20
20301.55 Violent offender registration. (1) Definitions. In this section:
AB566,6,2221
(a) "Employed or carrying on a vocation" has the meaning given in s. 301.45 (1d)
22(a).
AB566,6,2423
(b) "Found to have committed a violent offense by another jurisdiction" means
24any of the following:
AB566,7,3
11. Convicted or found not guilty, or not responsible, by reason of mental disease
2or defect for a violation of a law of another state that is comparable to a violent
3offense.
AB566,7,54
2. Convicted or found not guilty by reason of mental disease or defect for a
5violation of a federal law that is comparable to a violent offense.
AB566,7,86
3. Convicted or found not guilty, or not responsible, by reason of mental disease
7or defect in the tribal court of a federally recognized American Indian tribe or band
8for a violation that is comparable to a violent offense.
AB566,7,109
4. Sentenced or found not guilty by reason of mental disease or defect by a court
10martial for a violation that is comparable to a violent offense.
AB566,7,1111
(c) "Student" has the meaning given in s. 301.45 (1d) (c).
AB566,7,1512
(d) "Violent offense" means a violation, or the solicitation, conspiracy, or
13attempt to commit a violation, of s. 940.01, 940.02, 940.05, 940.19 (4), (5), or (6),
14940.21, 940.305, 940.31, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), or 948.03
15(2) (a) or (c).
AB566,7,18
16(2) Who must register. A person shall comply with reporting requirements of
17this section for the period of time under sub. (7m), if he or she meets any of the
18following criteria:
AB566,7,1919
(a) He or she has been convicted or adjudicated delinquent of a violent offense.
AB566,7,2220
(b) He or she is in prison, a juvenile correctional facility, or a secured residential
21care center for children and youth or is on probation, extended supervision, parole,
22supervision, or aftercare supervision for a violent offense.
AB566,7,2423
(c) He or she has been found not guilty, or not responsible, by reason of mental
24disease or defect and committed under s. 51.20 or 971.17 for a violent offense.
AB566,8,2
1(d) He or she is in institutional care or on conditional transfer under s. 51.35
2(1) or on conditional release under s. 971.17 for a violent offense.
AB566,8,53
(e) He or she is registered as a violent offender in another jurisdiction and is
4a resident of this state, a student in this state, or employed or carrying on a vocation
5in this state.
AB566,8,86
(f) He or she has been found to have committed a violent offense by another
7jurisdiction and is a resident of this state, a student in this state, or employed or
8carrying on a vocation in this state.
AB566,8,119
(g) The court has ordered under s. 51.20 (13) (cu) 2., 938.34 (15r) (a), 938.345
10(3m) (a), 971.17 (1r) (a), or 973.0485 (1) that the person comply with the reporting
11requirements under this section.
AB566,8,14
12(3) What information must be provided, by whom and when. (a) The
13department shall maintain a registry of all persons subject to sub. (2). The registry
14shall contain all of the following with respect to each person:
AB566,8,1515
1. The person's name, including any aliases used by the person.
AB566,8,1716
2. Information sufficient to identify the person, including date of birth, sex,
17race, height, weight, and hair and eye color.
AB566,8,2118
3. The statute the person violated that subjects the person to the requirements
19of this section, the date of conviction, adjudication, or commitment, and the county
20or, if the state is not this state, the state in which the person was convicted,
21adjudicated, or committed.
AB566,8,2222
4. The address at which the person is or will be residing.
AB566,8,2523
5. The name of the agency supervising the person, if applicable, and the office
24or unit and telephone number of the office or unit that is responsible for the
25supervision of the person.
AB566,9,1
16. The name and address of the place at which the person is or will be employed.
AB566,9,22
7. The name and location of any school in which the person is or will be enrolled.
AB566,9,33
8. The most recent date on which the information in the registry was updated.
AB566,9,64
(b) If the department has supervision over a person subject to sub. (2), the
5department shall enter into the registry under this section the information specified
6in par. (a) concerning the person.
AB566,9,107
(c) If the department of health and family services has supervision over a
8person subject to sub. (2), that department, with the assistance of the person, shall
9provide the information specified in par. (a) to the department of corrections in
10accordance with the rules under sub. (12).
AB566,9,1911
(d) A person subject to sub. (2) who is not under the supervision of the
12department of corrections or the department of health and family services shall
13provide the information specified in par. (a) to the department of corrections in
14accordance with the rules under sub. (12). If the person is unable to provide an item
15of information specified in par. (a), the department of corrections may request
16assistance from a circuit court or the department of health and family services in
17obtaining that item of information. A circuit court or the department of health and
18family services shall assist the department of corrections when requested to do so
19under this paragraph.
AB566,9,2320
(e) The department of health and family services shall provide the information
21as required under par. (c) or the person subject to sub. (2) shall provide the
22information as required under par. (d) in accordance with whichever of the following
23is applicable:
AB566,9,2524
1. Within 10 days after the person is placed on probation, supervision, aftercare
25supervision, or conditional release.
AB566,10,2
12. If the person is being released from a prison sentence and placed on parole
2or extended supervision, before he or she is released.
AB566,10,53
3. If the person is on parole, extended supervision, probation, or other
4supervision from another state under s. 304.13 (1m), 304.135, 304.16, or 938.988,
5before the person enters this state.
