1 | 1 | | LRB-4217/3 |
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2 | 2 | | CMH:emw |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 SENATE BILL 874 |
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5 | 5 | | January 5, 2024 - Introduced by Senators WIMBERGER, FELZKOWSKI, JACQUE, JAMES, |
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6 | 6 | | NASS and TOMCZYK, cosponsored by Representatives BORN, BEHNKE, BINSFELD, |
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7 | 7 | | DALLMAN, DITTRICH, DONOVAN, DUCHOW, GOEBEN, GUNDRUM, GUSTAFSON, HURD, |
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8 | 8 | | MAXEY, MICHALSKI, MOSES, MURPHY, MURSAU, NEDWESKI, O'CONNOR, |
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9 | 9 | | RETTINGER, SCHMIDT, SUMMERFIELD, VANDERMEER, SHANKLAND and MELOTIK. |
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10 | 10 | | Referred to Committee on Judiciary and Public Safety. |
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11 | 11 | | ***AUTHORS SUBJECT TO CHANGE*** |
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12 | 12 | | AN ACT to amend 301.45 (5) (b) 1., 301.45 (5m) (b) 3. and 301.46 (2m) (am) 1. and |
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13 | 13 | | 2. of the statutes; relating to: counting convictions and findings for the |
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14 | 14 | | purpose of the sex offender registry and notifications. |
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15 | 15 | | Analysis by the Legislative Reference Bureau |
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16 | 16 | | This bill codifies the attorney general opinion, OAG-02-17, regarding the |
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17 | 17 | | interpretation of the statutory phrase “two or more separate occasions” as it relates |
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18 | 18 | | to the sex offender registry and notification requirements. |
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19 | 19 | | Under current law, a person must register with the Department of Corrections |
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20 | 20 | | as a sex offender if he or she has been convicted of certain sex offenses or found not |
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21 | 21 | | guilty of certain sex offenses by reason of mental disease or defect. The length of time |
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22 | 22 | | that the person must register varies depending on the offense or the number of |
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23 | 23 | | convictions or findings. A person generally must register until he or she dies if the |
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24 | 24 | | person has on two or more separate occasions been convicted of a sex offense or found |
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25 | 25 | | not guilty of a sex offense by reason of mental disease or defect. |
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26 | 26 | | Under current law, if a person committed a sex offense in another state and is |
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27 | 27 | | required to register in Wisconsin due to moving here, working here, or going to school |
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28 | 28 | | here, the person must register in Wisconsin for as long as he or she lives, works, or |
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29 | 29 | | attends school in Wisconsin if the person has on two or more separate occasions been |
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30 | 30 | | convicted of a sex offense or found not guilty of a sex offense by reason of mental |
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31 | 31 | | disease or defect. |
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32 | 32 | | Under current law, when a person who is required to register as a sex offender |
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33 | 33 | | is released into the community from confinement or other care, DOC or the |
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36 | 36 | | 3 - 2 -2023 - 2024 Legislature LRB-4217/3 |
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37 | 37 | | CMH:emw |
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38 | 38 | | SENATE BILL 874 |
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39 | 39 | | Department of Health Services, whichever agency has authority over the registrant, |
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40 | 40 | | must notify the police chief of the community, and the sheriff of the county, in which |
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41 | 41 | | the registrant will be residing, employed, or attending school or through which the |
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42 | 42 | | registrant will be traveling if the registrant has been, on two or more separate |
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43 | 43 | | occasions, convicted of a sex offense or found not guilty of a sex offense by reason of |
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44 | 44 | | mental disease or defect. A person who is the subject of such a notification is subject |
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45 | 45 | | to lifetime global positioning system tracking. |
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46 | 46 | | The phrase “on two or more separate occasions” is not defined in current law. |
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47 | 47 | | In OAG-02-17, the attorney general concluded that the phrase referred to multiple |
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48 | 48 | | convictions, regardless of whether they were part of the same proceeding, occurred |
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49 | 49 | | on the same date, or were included in the same criminal complaint. This bill codifies |
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50 | 50 | | the attorney general opinion and also applies it to findings of not guilty by reason of |
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51 | 51 | | mental disease or defect. Under the bill, when counting convictions or such findings |
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52 | 52 | | for the purposes described above, each conviction or finding is counted separately |
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53 | 53 | | even if they were part of the same proceeding, occurred on the same date, or were |
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54 | 54 | | included in the same complaint. |
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55 | 55 | | The bill is retroactive. Under the bill, DOC must identify persons who were |
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56 | 56 | | released from the registry requirement or were not subject to the lifetime tracking |
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57 | 57 | | requirement before the bill took effect but who would have been subject to the |
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58 | 58 | | pertinent requirement had the bill been in effect. No later than 60 days after the bill |
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59 | 59 | | takes effect, DOC must notify these persons that they must register as sex offenders |
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60 | 60 | | or be subject to lifetime tracking. Under the bill, persons who are notified that they |
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61 | 61 | | must register have 30 days after being notified to register or they are guilty of a Class |
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62 | 62 | | H felony. |
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63 | 63 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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64 | 64 | | enact as follows: |
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65 | 65 | | SECTION 1. 301.45 (5) (b) 1. of the statutes is amended to read: |
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66 | 66 | | 301.45 (5) (b) 1. The person has, on 2 or more separate occasions, been convicted |
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67 | 67 | | or 2 or more times, including convictions that were part of the same proceeding, |
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68 | 68 | | occurred on the same date, or were included in the same criminal complaint, for a sex |
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69 | 69 | | offense or for a violation, or the solicitation, conspiracy, or attempt to commit a |
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70 | 70 | | violation, of a federal law, military law, tribal law, or law of any state that is |
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71 | 71 | | comparable to a sex offense; has been found 2 or more times, including findings that |
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72 | 72 | | were part of the same proceeding, occurred on the same date, or were included in the |
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73 | 73 | | same criminal complaint, not guilty or not responsible by reason of mental disease |
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82 | 82 | | 9 - 3 -2023 - 2024 Legislature |
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83 | 83 | | LRB-4217/3 |
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84 | 84 | | CMH:emw |
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85 | 85 | | SECTION 1 |
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86 | 86 | | SENATE BILL 874 |
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87 | 87 | | or defect for a sex offense, or for a violation, or the solicitation, conspiracy, or attempt |
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88 | 88 | | to commit a violation, of a federal law, a military law, a tribal law, or a law of any state |
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89 | 89 | | that is comparable to a sex offense; or has been convicted one time for a sex offense |
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90 | 90 | | or for a violation, or the solicitation, conspiracy, or attempt to commit a violation, of |
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91 | 91 | | a federal law, military law, tribal law, or law of any state that is comparable to a sex |
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92 | 92 | | offense and has been found one time not guilty or not responsible by reason of mental |
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93 | 93 | | disease or defect for a sex offense, or for a violation, or the solicitation, conspiracy, |
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94 | 94 | | or attempt to commit a violation, of a federal law, a military law, a tribal law, or a law |
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95 | 95 | | of any state that is comparable to a sex offense. A conviction or finding of not guilty |
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96 | 96 | | or not responsible by reason of mental disease or defect that has been reversed, set |
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97 | 97 | | aside, or vacated is not a conviction or finding for purposes of determining counting |
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98 | 98 | | the number of convictions or findings under this subdivision whether a person has |
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99 | 99 | | been convicted on 2 or more separate occasions. |
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100 | 100 | | SECTION 2. 301.45 (5m) (b) 3. of the statutes is amended to read: |
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101 | 101 | | 301.45 (5m) (b) 3. The person has, on 2 or more separate occasions, been |
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102 | 102 | | convicted or 2 or more times, including convictions that were part of the same |
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103 | 103 | | proceeding, occurred on the same date, or were included in the same criminal |
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104 | 104 | | complaint, for a sex offense or for a violation, or the solicitation, conspiracy, or |
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105 | 105 | | attempt to commit a violation, of a federal law, military law, tribal law, or law of any |
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106 | 106 | | state that is comparable to a sex offense; has been found 2 or more times, including |
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107 | 107 | | findings that were part of the same proceeding, occurred on the same date, or were |
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108 | 108 | | included in the same criminal complaint, not guilty or not responsible by reason of |
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109 | 109 | | mental disease or defect for a sex offense or for a violation, or the solicitation, |
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110 | 110 | | conspiracy, or attempt to commit a violation, of a federal law, military law, tribal law, |
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111 | 111 | | or law of any state that is comparable to a sex offense; or has been convicted one time |
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136 | 136 | | 25 - 4 -2023 - 2024 Legislature LRB-4217/3 |
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137 | 137 | | CMH:emw |
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138 | 138 | | SECTION 2 SENATE BILL 874 |
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139 | 139 | | for a sex offense or for a violation, or the solicitation, conspiracy, or attempt to commit |
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140 | 140 | | a violation, of a federal law, military law, tribal law, or law of any state that is |
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141 | 141 | | comparable to a sex offense and has been found one time not guilty or not responsible |
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142 | 142 | | by reason of mental disease or defect for a sex offense, or for a violation, or the |
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143 | 143 | | solicitation, conspiracy, or attempt to commit a violation, of a federal law, military |
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144 | 144 | | law, tribal law, or law of any state that is comparable to a sex offense. A conviction |
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145 | 145 | | or finding of not guilty or not responsible by reason of mental disease or defect that |
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146 | 146 | | has been reversed, set aside, or vacated is not a conviction or finding for purposes of |
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147 | 147 | | determining counting the number of convictions or findings under this subdivision |
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148 | 148 | | whether a person has been convicted on 2 or more separate occasions. |
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149 | 149 | | SECTION 3. 301.46 (2m) (am) 1. and 2. of the statutes are amended to read: |
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150 | 150 | | 301.46 (2m) (am) 1. If an agency with jurisdiction confines a person under s. |
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151 | 151 | | 301.046, provides a person entering the intensive sanctions program under s. |
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152 | 152 | | 301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases |
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153 | 153 | | a person from confinement in a state correctional institution or institutional care, |
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154 | 154 | | and the agency with jurisdiction shall notify the police chief of any community and |
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155 | 155 | | the sheriff of any county in which the person will be residing, employed, or attending |
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156 | 156 | | school and through or to which the person will be regularly traveling if the person |
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157 | 157 | | has been found to be a sexually violent person under ch. 980 or has, on 2 or more |
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158 | 158 | | separate occasions, been convicted or 2 or more times, including convictions that |
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159 | 159 | | were part of the same proceeding, occurred on the same date, or were included in the |
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160 | 160 | | same criminal complaint, for a sex offense or for a violation of a law of this state that |
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161 | 161 | | is comparable to a sex offense; has been found 2 or more times, including findings |
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162 | 162 | | that were part of the same proceeding, occurred on the same date, or were included |
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163 | 163 | | in the same criminal complaint, not guilty or not responsible by reason of mental |
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188 | 188 | | 25 - 5 -2023 - 2024 Legislature |
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189 | 189 | | LRB-4217/3 |
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190 | 190 | | CMH:emw |
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191 | 191 | | SECTION 3 |
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192 | 192 | | SENATE BILL 874 |
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193 | 193 | | disease or defect for a sex offense or for a violation of a law of this state that is |
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194 | 194 | | comparable to a sex offense, the agency with jurisdiction shall notify the police chief |
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195 | 195 | | of any community and the sheriff of any county in which the person will be residing, |
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196 | 196 | | employed, or attending school and through or to which the person will be regularly |
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197 | 197 | | traveling; or has been convicted one time for a sex offense or for a violation of a law |
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198 | 198 | | of this state that is comparable to a sex offense and has been found one time not guilty |
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199 | 199 | | or not responsible by reason of mental disease or defect for a sex offense or for a |
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200 | 200 | | violation of a law of this state that is comparable to a sex offense. Notification under |
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201 | 201 | | this subdivision is in addition to providing access to information under sub. (2) and |
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202 | 202 | | to any other notification that an agency with jurisdiction is authorized to provide. |
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203 | 203 | | 2. If a person described under s. 301.45 (1g) (dh), (dj), (f), or (g) becomes a |
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204 | 204 | | resident of this state from another state under s. 304.16, becomes a student in this |
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205 | 205 | | state, becomes employed or begins carrying on a vocation in this state, or becomes |
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206 | 206 | | subject to a sanction in this state other than a placement in a Type 1 prison or a jail, |
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207 | 207 | | and the department shall notify the police chief of any community and the sheriff of |
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208 | 208 | | any county in which the person will be residing, employed, carrying on a vocation, |
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209 | 209 | | or attending school if the person has, on 2 or more separate occasions, been convicted |
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210 | 210 | | or 2 or more times, including convictions that were part of the same proceeding, |
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211 | 211 | | occurred on the same date, or were included in the same criminal complaint, for a |
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212 | 212 | | violation of the law of another jurisdiction that is comparable to a sex offense; has |
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213 | 213 | | been found 2 or more times, including findings that were part of the same proceeding, |
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214 | 214 | | occurred on the same date, or were included in the same criminal complaint, not |
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215 | 215 | | guilty or not responsible by reason of mental disease or defect for a violation of the |
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216 | 216 | | law of another jurisdiction that is comparable to a sex offense, the department shall |
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217 | 217 | | notify the police chief of any community and the sheriff of any county in which the |
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242 | 242 | | 25 - 6 -2023 - 2024 Legislature LRB-4217/3 |
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243 | 243 | | CMH:emw |
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244 | 244 | | SECTION 3 SENATE BILL 874 |
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245 | 245 | | person will be residing, employed or carrying on a vocation, or attending school; or |
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246 | 246 | | has been one time convicted for a violation of the law of another jurisdiction that is |
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247 | 247 | | comparable to a sex offense and has been found one time not guilty or not responsible |
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248 | 248 | | by reason of mental disease or defect for a violation of the law of another jurisdiction |
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249 | 249 | | that is comparable to a sex offense. Notification under this subdivision is in addition |
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250 | 250 | | to providing access to information under sub. (2) or to any other notification that the |
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251 | 251 | | department is authorized to provide. |
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252 | 252 | | SECTION 4.0Nonstatutory provisions. |
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253 | 253 | | (1) The department of corrections shall identify persons who were released |
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254 | 254 | | from the requirement to register under s. 301.45 but who would not have been |
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255 | 255 | | released if the treatment of s. 301.45 (5) (b) 1. or (5m) (b) 3. by this act had been in |
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256 | 256 | | effect. No later than 60 days after the effective date of this subsection, the |
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257 | 257 | | department of corrections shall notify those persons that they are subject to the |
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258 | 258 | | registration requirements under s. 301.45. Notwithstanding s. 301.45 (6) (a), a |
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259 | 259 | | person notified under this subsection must register no later than 30 days after |
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260 | 260 | | receiving notice to comply with the registration requirement. |
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261 | 261 | | (2) The department of corrections shall identify persons who, on the effective |
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262 | 262 | | date of this subsection, are not subject to the requirement under s. 301.48 (2) (a) 7. |
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263 | 263 | | but who would have been if the treatment of s. 301.46 (2m) (am) 1. and 2. by this act |
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264 | 264 | | had been in effect. No later than 60 days after the effective date of this subsection, |
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265 | 265 | | the department of corrections shall notify those persons that they are subject to the |
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266 | 266 | | requirement under s. 301.48 (2) (a) 7. |
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267 | 267 | | SECTION 5.0Initial applicability. |
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268 | 268 | | (1) The treatment of ss. 301.45 (5) (b) 1. and (5m) (b) 3. and 301.46 (2m) (am) |
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269 | 269 | | 1. and 2. first applies to the counting of convictions or findings that occurred prior |
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294 | 294 | | 25 - 7 -2023 - 2024 Legislature |
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295 | 295 | | LRB-4217/3 |
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296 | 296 | | CMH:emw |
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297 | 297 | | SECTION 5 |
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298 | 298 | | SENATE BILL 874 |
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299 | 299 | | to the effective date of this subsection for the purposes of determining if a person has |
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300 | 300 | | been convicted or found not guilty on 2 or more separate occasions. |
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301 | 301 | | (END) |
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