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LRB-5693/1
CMH:klm&ahe
2017 Special Session
2017 - 2018 LEGISLATURE
Change serious child sex offender definition for purposes of supervised
release residency restrictions to include persons who were
charged with serious child sex offense
Preliminary Draft - Not Ready For Introduction
March 22, 2018 - Introduced by Senators Ringhand and Nass, cosponsored by
Representatives Spreitzer, Loudenbeck, Berceau, Kolste, Ohnstad, Novak,
Quinn and Zepnick. Referred to Committee on Senate Organization.
SB878,1,3 1An Act to renumber and amend 980.01 (4m); and to create 980.01 (4m) (b) of
2the statutes; relating to: definition of serious child sex offender for purposes
3of placing a sexually violent person on supervised release.
Analysis by the Legislative Reference Bureau
Under current law, a person who has been found to be a sexually violent person
may be involuntarily committed to the Department of Health Services for control,
care, and treatment. If a person is committed and placed in institutional care, the
person may periodically petition the court for supervised release. If a court
determines that supervised release is appropriate, DHS must prepare for the court
a supervised release plan for the person that identifies a proposed residence. If the
person is a serious child sex offender, the person may not be placed into a residence
on a property that is adjacent to a property where a child's primary residence exists.
Under current law a “serious child sex offender” is a person who has been convicted
of first-degree or second-degree sexual assault of a child under the age of 13,
repeated sexual assault of a child under the age of 13, or sexual assault of a child
under the age of 13 placed in substitute care. Under this bill, the definition of serious

child sex offender is expanded to include a person who has been convicted of any
sexually violent offense against a person under the age of 16. This bill also adds that
a person is a serious child sex offender if the person was convicted of an offense and,
as part of a plea agreement, a sexually violent offense was uncharged or dismissed
and the victim of the sexually violent offense was under the age of 16.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB878,1 1Section 1 . 980.01 (4m) of the statutes is renumbered 980.01 (4m) (intro.) and
2amended to read:
SB878,2,33 980.01 (4m) (intro.) “Serious child sex offender" means a any of the following:
SB878,2,8 4(a) A person who has been convicted, adjudicated delinquent or found not guilty
5or not responsible by reason of insanity or mental disease, defect or illness for
6committing a violation of a crime specified in s. 948.02 (1) or (2), 948.025 (1), or
7948.085
sexually violent offense against a child who had not attained the age of 13
816 years.
SB878,2 9Section 2 . 980.01 (4m) (b) of the statutes is created to read:
SB878,2,1410 980.01 (4m) (b) A person who has been convicted for committing an offense if
11a sexually violent offense was uncharged or dismissed as part of a plea agreement,
12the victim of that sexually violent offense was a child who had not attained the age
13of 16 years, and that sexually violent offense was considered by the court at the time
14of sentencing the person for the offense for which the person was convicted.
SB878,3 15Section 3. Nonstatutory provisions.
SB878,3,216 (1) If the residence of a serious child sex offender, as defined in section 980.01
17(4m) of the statutes, does not comply with section 980.08 (4) (f) 4. of the statutes
18beginning on the effective date of this subsection, the court shall direct the
19preparation of another supervised release plan under section 980.08 (4) (f) of the

1statutes to be considered by the court under section 980.08 (4) (g) of the statutes as
2soon as practically possible.
SB878,3,33 (End)
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