Jus 9.04(3)(a)
(a) The collection of a human biological specimen by oral swab or pin prick to the finger may be done by any person and does not require special medical training. Licensed or certified medical staff shall perform all procedures requiring medical expertise.
Jus 9.04(3)(b)
(b) The collection of a human biological specimen includes the collection of any source of DNA approved by the state crime laboratories.
Jus 9.04(3)(c)
(c) The collection of a human biological specimen shall be performed in accordance with department procedures and with methods approved by the state crime laboratories.
Jus 9.04(3)(d)
(d) The human biological specimen shall be sent to a state crime laboratory in accordance with department procedures approved by the state crime laboratories.
Jus 9.04 Note
Note: Offenders sometime move to other states through the Interstate Corrections Compact or for other reasons. Offenders who are subject to Wisconsin sentences or commitments under s.
165.76 (1),
938.34 (15), or
973.047 (1f), Stats., but who subsequently reside out-of-state are required to provide a specimen to the state crime laboratories for DNA analysis under this chapter. The department will cooperate with the out-of-state agent or agency providing supervision or having legal or physical custody of the offender to facilitate the submission of the specimen. If a person is on parole or probation in this state from another state and the department of corrections directs the probationer or parolee to provide a biological specimen under s.
165.76, Stats., that person shall provide the specimen as directed by his or her probation and parole agent as soon as practicable after entering this state.
Jus 9.04 Note
The Physical Evidence Handbook published by the Wisconsin Department of Justice State Crime Laboratories and any updated amendments to the handbook issued in the form of department procedures constitute methods for collection of human biological specimens approved by the state crime laboratories. Pursuant to s.
165.77 (7), Stats., whenever a Wisconsin law enforcement agency or a health care professional collects evidence in a case of alleged or suspected sexual assault, the agency or professional shall follow the procedures specified in the department's Physical Evidence Handbook or any updated amendments issued in the form of department procedures.
Jus 9.04 History
History: Cr.
Register, July, 1997, No. 499, eff. 8-1-97; corrections in (1) (a) 4. and 6. made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2001 No. 549; corrections in (2) (f) made under s. 13.92 (4) (b) 6., Stats.,
Register March 2013 No. 687.
Jus 9.05
Jus 9.05
Use of human biological specimens for DNA data bank. If the state crime laboratories receive a specimen under this chapter, the laboratories shall analyze the DNA in the specimen. The laboratories shall maintain a data bank based on the data obtained from the DNA analysis of those specimens.
Jus 9.05 History
History: Cr.
Register, July, 1997, No. 499, eff. 8-1-97.
Jus 9.06(1)
(1)
Use. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies and the combined DNA identification system in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings, subject to s.
972.11 (5), Stats.
Jus 9.06 Note
Note: 2001 Wis. Act 16 repealed s. 972.11 (5), Stats., and created new language addressing the same issue in s. 971.23 (9), Stats.
Jus 9.06 Note
Note: Section
971.23 (9), 2011 Stats., reads:
Jus 9.06 Note
(9) Deoxyribonucleic acid evidence. (a) In this subsection "deoxyribonucleic acid profile" has the meaning given in s.
939.74 (2d) (a).
Jus 9.06 Note
(b) Notwithstanding sub. (1) (e) or (2m) (am), if either party intends to submit deoxyribonucleic acid profile evidence at a trial to prove or disprove the identity of a person, the party seeking to introduce the evidence shall notify the other party of the intent to introduce the evidence in writing by mail at least 45 days before the date set for trial; and shall provide the other party, within 15 days of request, the material identified under sub. (1) (e) or (2m) (am), whichever is appropriate, that relates to the evidence.
Jus 9.06 Note
(c) The court shall exclude deoxyribonucleic acid profile evidence at trial, if the notice and production deadlines under par. (b) are not met, except the court may waive the 45 day notice requirement or may extend the 15 day production requirement upon stipulation of the parties, or for good cause, if the court finds that no party will be prejudiced by the waiver or extension. The court may in appropriate cases grant the opposing party a recess or continuance.
Jus 9.06(2)
(2) Destruction of the specimen. The state crime laboratories shall destroy specimens obtained for the DNA data bank under this chapter after analysis has been completed.
Jus 9.06(3)(a)(a) An offender may request expungement of his or her DNA analysis data submitted under this chapter on the grounds that his or her conviction or adjudication has been reversed, set aside or vacated, or that the governor has granted a pardon. The state crime laboratories shall expunge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person if it receives both of the following:
Jus 9.06(3)(a)1.
1. The person's written request for expungement on a form provided by the Milwaukee crime laboratory.
Jus 9.06(3)(a)2.
2. A certified copy of the court order reversing, setting aside or vacating the conviction or adjudication, or a certified copy of the governor's grant of pardon.
Jus 9.06(3)(b)
(b) If the administrator of the department's division of law enforcement services determines that a human biological specimen was collected from a person by mistake and that the person is not subject to the submission requirements of this chapter, the state crime laboratories shall expunge all records and identifiable information in the data bank pertaining to the person and destroy all specimens from the person.
Jus 9.06(4)
(4) Confidentiality. Except for the uses listed in this chapter and s.
165.77, Stats., DNA analysis data collected under this chapter for the DNA data bank shall remain confidential. Information concerning the fact that a person has submitted a human biological specimen for the DNA data bank is not confidential and may be released.
Jus 9.06 Note
Note: Forms for requesting expungement of DNA analysis data are available from the Milwaukee Crime Laboratory at 1578 S. 11th Street, Milwaukee, Wisconsin 53204-2860.
Jus 9.06 History
History: Cr.
Register, July, 1997, No. 499, eff. 8-1-97.
Jus 9.07
Jus 9.07
Compliance and penalties. Failure to provide a biological specimen under this chapter constitutes a criminal offense under s.
165.765, Stats. Failure to provide a human biological specimen under this chapter may also constitute a disciplinary offense or probation or parole violation.
Jus 9.07 History
History: Cr.
Register, July, 1997, No. 499, eff. 8-1-97.
Jus 9.08
Jus 9.08
DNA analysis surcharge. Jus 9.08(1)
(1) If a court imposes a sentence or places a person on probation on or after August 12, 1993, under any of the following circumstances, the court shall impose a DNA analysis surcharge of $250 under s.
973.046, Stats.:
Jus 9.08(2)
(2) If a court imposes a DNA surcharge under
sub. (1) and the person in a state prison has not paid the surcharge, the department of corrections shall collect the amount owed from the income earned by or received for the benefit of the inmate. The department of corrections shall transmit any amount collected to the state treasurer.
Jus 9.08 History
History: Cr.
Register, July, 1997, No. 499, eff. 8-1-97; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2001 No. 549.
Jus 9.09
Jus 9.09
Cooperation. The department of corrections, department of health services, county departments under ss.
46.215,
46.22 and
46.23, Stats., and county sheriffs shall cooperate fully with the department to meet the requirements of this chapter.
Jus 9.09 History
History: Cr.
Register, July, 1997, No. 499, eff. 8-1-97; correction made under s.
13.92 (4) (b) 6., Stats.,
Register March 2013 No. 687.
