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Petition For Exemption CR-231 - Wisconsin
|Petition For Exemption Form. This is a Wisconsin form and can be used in Criminal Circuit Court Statewide .||
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FORM SUMMARY Name of Form: Form Number: Statutory Reference: Benchbook Reference: Purpose of Form: Petition for Exemption under §948.13(2m) CR-231 §948.13(2m), Wisconsin Statutes None found To petition for an exemption from §948.13(2) which prohibits a person convicted of Engaging in repeated sexual assault of the same child under §948.025(1) from engaging in an occupation or working as a volunteer involving primary and direct work or interaction with children 15 and under. Petitioner Original to court; copies to Petitioner and District Attorney; DA to notify victim of Petioner's crime. Notice of hearing New form N/A 1997 Act 130 amended §948.13(2) and created (2m) to provide an exemption and a procedure to request exemption from prohibitions against a person convicted of multiple sexual assaults of the same person from engaging in direct and primary contact with children age 15 and under through an occupation or in voluteer work. While the statute provides that a hearing "may" be held, RMC recommends that such a hearing be scheduled and noticed. The court may also order and examination of the petitioner. Notice to the district attorney who prosecuted petitioner is required, and the DA is required to notify the victim. The victim is allowed to make a statement at the hearing or in writing. The petitioner must prove he or she was 18 or younger at the time of the commission of the offenses, that the victim was at least 13 but not yet 16 and within 4 years of petitioner's age at the time of commission and that the prohibition is not necessary to protect the public. This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modifications: Comments: About this form: Date: 11/19/99 Page 1 2001 © American LegalNet, Inc. For Official Use STATE OF WISCONSIN, CIRCUIT COURT, State of Wisconsin, Plaintiff, -vs- COUNTY Petition for Exemption under §948.13(2m) Case No. Defendant Under oath, I petition the court as follows: 1. I am the defendant in this case. 2. I was convicted of a crime under §948.025(1), Wisconsin Statutes. 3. I am asking the court to be permitted to engage in an occupation or participate in a volunteer position that would require me to work or interact primarily and directly with children under 16 years of age. 4. The specific occupation or volunteer position I wish to engage in is: 5. At the time of the commission of the crime under §948.025(1), Wisconsin Statutes (all of the following must be true): a. I was age 18 or younger. My actual age on the date of the crime was . b. The child with whom I had sexual contact or sexual intercourse was within 4 years of my age. c. The child with whom I had sexual contact or sexual intercourse was at least 13 years of age but not yet 16 years of age. The actual age of the child with whom I had sexual contact or sexual intercourse on the date of the crime was . d. It is not necessary in the interest of the public protection for me to comply with the legal prohibition to not engage in this type of occupational or volunteer position. Subscribed and sworn to before me on Signature of Petitioner Notary Public, State of Wisconsin Name Printed or Typed My commission expires: Date Distribution: 1. Original Court 2. District Attorney (who prosecuted case) 3. Victim Witness Coordinator (for contact with victim) CR-231, 11/99 Petition for Exemption Under §948.13(2m) §948.13(2m), Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. 2001 © American LegalNet, Inc.