Date of enactment: March 29, 2024
2023 Senate Bill 874 Date of publication*: March 30, 2024
2023 WISCONSIN ACT 254
AN ACT to amend 301.45 (5) (b) 1., 301.45 (5m) (b) 3. and 301.46 (2m) (am) 1. and 2. of the statutes; relating to:
counting convictions and findings for the purpose of the sex offender registry and notifications.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 301.45 (5) (b) 1. of the statutes is
amended to read:
301.45 (5) (b) 1. The person has, on 2 or more sepa-
rate occasions, been convicted or 2 or more times, includ-
ing convictions that were part of the same proceeding,
occurred on the same date, or were included in the same
criminal complaint, for a sex offense or for a violation, or
the solicitation, conspiracy, or attempt to commit a viola-
tion, of a federal law, military law, tribal law, or law of
any state that is comparable to a sex offense; has been
found 2 or more times, including findings that were part
of the same proceeding, occurred on the same date, or
were included in the same criminal complaint, not guilty
or not responsible by reason of mental disease or defect
for a sex offense, or for a violation, or the solicitation,
conspiracy, or attempt to commit a violation, of a federal
law, a military law, a tribal law, or a law of any state that
is comparable to a sex offense; or has been convicted one
time for a sex offense or for a violation, or the solicitation,
conspiracy, or attempt to commit a violation, of a federal
law, military law, tribal law, or law of any state that is
comparable to a sex offense and has been found one time
not guilty or not responsible by reason of mental disease
or defect for a sex offense, or for a violation, or the solici-
tation, conspiracy, or attempt to commit a violation, of a
federal law, a military law, a tribal law, or a law of any
state that is comparable to a sex offense. A conviction or
finding of not guilty or not responsible by reason of men-
tal disease or defect that has been reversed, set aside, or
vacated is not a conviction or finding for purposes of
determining counting the number of convictions or find-
ings under this subdivision whether a person has been
convicted on 2 or more separate occasions.
SECTION 2. 301.45 (5m) (b) 3. of the statutes is
amended to read:
301.45 (5m) (b) 3. The person has, on 2 or more sepa-
rate occasions, been convicted or 2 or more times, includ-
ing convictions that were part of the same proceeding,
occurred on the same date, or were included in the same
criminal complaint, for a sex offense or for a violation, or
the solicitation, conspiracy, or attempt to commit a viola-
tion, of a federal law, military law, tribal law, or law of
any state that is comparable to a sex offense; has been
found 2 or more times, including findings that were part
of the same proceeding, occurred on the same date, or
were included in the same criminal complaint, not guilty
or not responsible by reason of mental disease or defect
for a sex offense or for a violation, or the solicitation, con-
spiracy, or attempt to commit a violation, of a federal law,
military law, tribal law, or law of any state that is compa-
rable to a sex offense; or has been convicted one time for
a sex offense or for a violation, or the solicitation, con-
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 254 2023 Senate Bill 874
spiracy, or attempt to commit a violation, of a federal law,
military law, tribal law, or law of any state that is compa-
rable to a sex offense and has been found one time not
guilty or not responsible by reason of mental disease or
defect for a sex offense, or for a violation, or the solicita-
tion, conspiracy, or attempt to commit a violation, of a
federal law, military law, tribal law, or law of any state
that is comparable to a sex offense. A conviction or find-
ing of not guilty or not responsible by reason of mental
disease or defect that has been reversed, set aside, or
vacated is not a conviction or finding for purposes of
determining counting the number of convictions or find-
ings under this subdivision whether a person has been
convicted on 2 or more separate occasions.
SECTION 3. 301.46 (2m) (am) 1. and 2. of the statutes
are amended to read:
301.46 (2m) (am) 1. If an agency with jurisdiction
confines a person under s. 301.046, provides a person
entering the intensive sanctions program under s.
301.048 with a sanction other than a placement in a
Type 1 prison or a jail, or releases a person from confine-
ment in a state correctional institution or institutional
care, and the agency with jurisdiction shall notify the
police chief of any community and the sheriff of any
county in which the person will be residing, employed, or
attending school and through or to which the person will
be regularly traveling if the person has been found to be
a sexually violent person under ch. 980 or has, on 2 or
more separate occasions, been convicted or 2 or more
times, including convictions that were part of the same
proceeding, occurred on the same date, or were included
in the same criminal complaint, for a sex offense or for
a violation of a law of this state that is comparable to a sex
offense; has been found 2 or more times, including find-
ings that were part of the same proceeding, occurred on
the same date, or were included in the same criminal
complaint, not guilty or not responsible by reason of
mental disease or defect for a sex offense or for a viola-
tion of a law of this state that is comparable to a sex
offense, the agency with jurisdiction shall notify the
police chief of any community and the sheriff of any
county in which the person will be residing, employed, or
attending school and through or to which the person will
be regularly traveling; or has been convicted one time for
a sex offense or for a violation of a law of this state that
is comparable to a sex offense and has been found one
time not guilty or not responsible by reason of mental dis-
ease or defect for a sex offense or for a violation of a law
of this state that is comparable to a sex offense. Notifica-
tion under this subdivision is in addition to providing
access to information under sub. (2) and to any other noti-
fication that an agency with jurisdiction is authorized to
provide.
2. If a person described under s. 301.45 (1g) (dh),
(dj), (f), or (g) becomes a resident of this state from
another state under s. 304.16, becomes a student in this
state, becomes employed or begins carrying on a voca-
tion in this state, or becomes subject to a sanction in this
state other than a placement in a Type 1 prison or a jail,
and the department shall notify the police chief of any
community and the sheriff of any county in which the
person will be residing, employed, carrying on a voca-
tion, or attending school if the person has, on 2 or more
separate occasions, been convicted or 2 or more times,
including convictions that were part of the same proceed-
ing, occurred on the same date, or were included in the
same criminal complaint, for a violation of the law of
another jurisdiction that is comparable to a sex offense;
has been found 2 or more times, including findings that
were part of the same proceeding, occurred on the same
date, or were included in the same criminal complaint,
not guilty or not responsible by reason of mental disease
or defect for a violation of the law of another jurisdiction
that is comparable to a sex offense, the department shall
notify the police chief of any community and the sheriff
of any county in which the person will be residing,
employed or carrying on a vocation, or attending school;
or has been one time convicted for a violation of the law
of another jurisdiction that is comparable to a sex offense
and has been found one time not guilty or not responsible
by reason of mental disease or defect for a violation of the
law of another jurisdiction that is comparable to a sex
offense. Notification under this subdivision is in addition
to providing access to information under sub. (2) or to
any other notification that the department is authorized to
provide.
SECTION 4.0Nonstatutory provisions.
(1) The department of corrections shall identify per-
sons who were released from the requirement to register
under s. 301.45 but who would not have been released if
the treatment of s. 301.45 (5) (b) 1. or (5m) (b) 3. by this
act had been in effect. No later than 60 days after the
effective date of this subsection, the department of cor-
rections shall notify those persons that they are subject to
the registration requirements under s. 301.45. Notwith-
standing s. 301.45 (6) (a), a person notified under this
subsection must register no later than 30 days after
receiving notice to comply with the registration require-
ment.
(2) The department of corrections shall identify per-
sons who, on the effective date of this subsection, are not
subject to the requirement under s. 301.48 (2) (a) 7. but
who would have been if the treatment of s. 301.46 (2m)
(am) 1. and 2. by this act had been in effect. No later than
60 days after the effective date of this subsection, the
department of corrections shall notify those persons that
they are subject to the requirement under s. 301.48 (2)
(a) 7.
SECTION 5.0Initial applicability.
(1) The treatment of ss. 301.45 (5) (b) 1. and (5m) (b)
3. and 301.46 (2m) (am) 1. and 2. first applies to determi-
nations made on September 2, 2017, regarding whether − 3 − 2023 Wisconsin Act 254 2023 Senate Bill 874
a person has been convicted or found not guilty on 2 or
more separate occasions.