2009 Wisconsin Act 209

631.90 (3) (a) Subsection (2) does not apply with regard to any an HIV test or series of tests for use in the underwriting of individual life, accident and health insurance policies that the person designated by the secretary of health services as the state epidemiologist finds medically significant and sufficiently reliable for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and that the commissioner finds and designates by rule as sufficiently reliable for use in the underwriting of individual life, accident and health insurance policies.

209,138 Section 138. 631.90 (3) (b) of the statutes is amended to read:

631.90 (3) (b) Paragraph (a) does not authorize the use of any an HIV test or series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV to discriminate in violation of s. 628.34 (3).

209,139 Section 139. 901.05 (2) (intro.) of the statutes is amended to read:

901.05 (2) (intro.) Except as provided in sub. (3), the results of a test or tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV an HIV test, as defined in s. 252.01 (2m), are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding, as evidence of a person's character or a trait of his or her character for the purpose of proving that he or she acted in conformity with that character on a particular occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless the following procedures are used:

209,140 Section 140. 938.296 (1) (bm) of the statutes is created to read:

938.296 (1) (bm) "HIV test" has the meaning given in s. 252.01 (2m).

209,141 Section 141. 938.296 (1) (d) of the statutes is amended to read:

938.296 (1) (d) "Significantly exposed" "Significant exposure" has the meaning given in s. 252.15 (1) (em).

209,142 Section 142. 938.296 (2) (intro.) of the statutes is amended to read:

938.296 (2) Sexually transmitted disease and HIV testing. (intro.) In a proceeding under s. 938.12 or 938.13 (12) in which the juvenile is alleged to have violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2), the district attorney or corporation counsel shall apply to the court for an order requiring the juvenile to submit to a an HIV test and a test or a series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, each of which tests shall be administered by a health care professional, and to disclose the results of that test or series of those tests as specified in sub. (4) (a) to (e), if all of the following apply:

209,143 Section 143. 938.296 (2) (b) of the statutes is amended to read:

938.296 (2) (b) The district attorney or corporation counsel has probable cause to believe that the juvenile has significantly exposed the victim or alleged victim has had contact with body fluid of the juvenile that constitutes a significant exposure. If the juvenile is adjudicated delinquent, is found to be in need of protection or services or is found not responsible by reason of mental disease or defect under s. 938.30 (5), this paragraph does not apply.

209,144 Section 144. 938.296 (4) (intro.) of the statutes is amended to read:

938.296 (4) Disclosure of sexually transmitted disease and HIV test results. (intro.) On receipt of an application for an order under sub. (2), the court shall set a time for a hearing on the application. If the juvenile has been found not competent to proceed under s. 938.30 (5), the court may hold a hearing under this subsection only if the court first determines that the probable cause finding can be fairly made without the personal participation of the juvenile. If, after hearing, the court finds probable cause to believe that the juvenile has significantly exposed the victim or alleged victim has had contact with body fluid of the juvenile that constitutes a significant exposure, the court shall order the juvenile to submit to a an HIV test or and a test or series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease. The tests shall be administered by a health care professional. The court shall require the health care professional who performs the test or series of tests to refrain, notwithstanding s. 252.15 (4) (c), from making the test results part of the juvenile's permanent medical record and to disclose the results of the test tests to any of the following:

209,145 Section 145. 938.296 (5) (intro.) of the statutes is amended to read:

938.296 (5) Disclosure of communicable disease test results. (intro.) On receipt of an application for an order under sub. (2m), the court shall set a time for a hearing on the application. If the juvenile has been found not competent to proceed under s. 938.30 (5), the court may hold a hearing under this subsection only if the court first determines that the probable cause finding can be fairly made without the personal participation of the juvenile. If, after hearing, the court finds probable cause to believe that the act or alleged act of the juvenile that constitutes a violation of s. 946.43 (2m) carried a potential for transmitting a communicable disease to the victim or alleged victim and involved the juvenile's blood, semen, vomit, saliva, urine or feces or other bodily substance of the juvenile, the court shall order the juvenile to submit to a test or a series of tests administered by a health care professional to detect the presence of any communicable disease that was potentially transmitted by the act or alleged act of the juvenile. The court shall require the health care professional who performs the test or series of tests to refrain, notwithstanding s. 252.15 (4) (c), if applicable, from making the test results part of the juvenile's permanent medical record and to disclose the results of the test to any of the following:

209,146 Section 146. 938.346 (1) (e) of the statutes is amended to read:

938.346 (1) (e) The procedure under s. 938.296 under which the victim, if an adult, or the parent, guardian or legal custodian of the victim, if the victim is a child, may request an order requiring a juvenile who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2) to submit to a an HIV test or, as defined in s. 252.01 (2m), and a test or a series of tests to detect the presence of HIV, as defined in s. 252.01 (1m), antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, as defined in s. 252.11 (1), and to have the results of that test or series of the tests disclosed as provided in s. 938.296 (4) (a) to (e).

209,147 Section 147. 938.371 (1) (a) of the statutes is amended to read:

938.371 (1) (a) Results of a an HIV test or a series of tests, as defined in s. 252.01 (2m), of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under s. 252.15 (5) (a) 19. (3m) (d) 15., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).

209,148 Section 148. 968.38 (1) (bc) of the statutes is created to read:

968.38 (1) (bc) "HIV test" has the meaning given in s. 252.01 (2m).

209,149 Section 149. 968.38 (1) (d) of the statutes is amended to read:

968.38 (1) (d) "Significantly exposed" "Significant exposure" has the meaning given in s. 252.15 (1) (em).

209,150 Section 150. 968.38 (2) (intro.) of the statutes is amended to read:

968.38 (2) (intro.) In a criminal action under s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.085, or 948.095, if all of the following apply, the district attorney shall apply to the circuit court for his or her county to order the defendant to submit to a an HIV test or and to a test or a series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, each of which tests shall be administered by a health care professional, and to disclose the results of the test or tests as specified in sub. (4) (a) to (c):

209,151 Section 151. 968.38 (2) (a) of the statutes is amended to read:

968.38 (2) (a) The district attorney has probable cause to believe that the defendant has significantly exposed the alleged victim or victim has had contact with body fluid of the defendant that constitutes a significant exposure. If the defendant is convicted or found not guilty by reason of mental disease or defect, this paragraph does not apply.

209,152 Section 152. 968.38 (4) (intro.) of the statutes is amended to read:

968.38 (4) (intro.) The court shall set a time for a hearing on the matter under sub. (2) during the preliminary examination, if sub. (3) (a) applies; after the defendant is bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3) (c) applies; or, subject to s. 971.13 (4), after the determination that the defendant is not competent, if sub. (3) (d) applies. The court shall give the district attorney and the defendant notice of the hearing at least 72 hours prior to the hearing. The defendant may have counsel at the hearing, and counsel may examine and cross-examine witnesses. If the court finds probable cause to believe that the defendant has significantly exposed the victim or alleged victim has had contact with body fluid of the defendant that constitutes a significant exposure, the court shall order the defendant to submit to a an HIV test and to a test or a series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease. The tests shall be performed by a health care professional. The court shall require the health care professional who performs the test to disclose the test results to the defendant. The court shall require the health care professional who performs the test, to refrain, notwithstanding s. 252.15 (4) (c), from making the test results part of the defendant's permanent medical record, and to disclose the results of the test to any of the following:

209,153 Section 153. 968.38 (5) (intro.) of the statutes is amended to read:

968.38 (5) (intro.) The court shall set a time for a hearing on the matter under sub. (2m) during the preliminary examination, if sub. (3) (a) applies; after the defendant is bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3) (c) applies; or, subject to s. 971.13 (4), after the determination that the defendant is not competent, if sub. (3) (d) applies. The court shall give the district attorney and the defendant notice of the hearing at least 72 hours prior to the hearing. The defendant may have counsel at the hearing, and counsel may examine and cross-examine witnesses. If the court finds probable cause to believe that the act or alleged act of the defendant that constitutes a violation of s. 946.43 (2m) carried a potential for transmitting a communicable disease to the victim or alleged victim and involved the defendant's blood, semen, vomit, saliva, urine or feces or other bodily substance of the defendant, the court shall order the defendant to submit to a test or a series of tests administered by a health care professional to detect the presence of any communicable disease that was potentially transmitted by the act or alleged act of the defendant. The court shall require the health care professional who performs the test to disclose the test results to the defendant. The court shall require the health care professional who performs the test to refrain, notwithstanding s. 252.15 (4) (c), if applicable, from making the test results part of the defendant's permanent medical record and to disclose the results of the test to any of the following:

209,154 Section 154. 973.017 (4) (a) 1m. of the statutes is created to read:

973.017 (4) (a) 1m. "HIV test" has the meaning given in s. 252.01 (2m).

209,155 Section 155. 973.017 (4) (b) 1. of the statutes is amended to read:

973.017 (4) (b) 1. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime had a sexually transmitted disease or acquired immunodeficiency syndrome or had had a positive HIV test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV.

209,156 Section 156. 973.017 (4) (b) 2. of the statutes is amended to read:

973.017 (4) (b) 2. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime knew that he or she had a sexually transmitted disease or acquired immunodeficiency syndrome or that he or she had had a positive HIV test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV.

209,157 Section 157. Initial applicability.

(1) Positive HIV test result reporting. The treatment of section 252.15 (7) (b) 5m. of the statutes, as created by this act, first applies to records of test results reported to the state epidemiologist on the first day of the 4th month beginning after the effective date of this subsection.