AB291,9,1515 b. Submits a written request to preserve the biological material to the court.
AB291,9,1716 3. No other provision of federal or state law requires the court to preserve the
17biological material.
AB291,9,2218 (d) A notice provided under par. (c) 1. shall clearly inform the recipient that the
19biological material will be destroyed unless, within 90 days after the date on which
20the person receives the notice, either a motion for testing of the material is filed
21under s. 974.07 (2) or a written request to preserve the material is submitted to the
22court.
AB291,9,2523 (e) If, after providing notice under par. (c) 1. of its intent to destroy biological
24material, a court receives a written request to preserve the material, the court shall
25preserve the material until the discharge date of the person who made the request

1or on whose behalf the request was made, subject to a court order issued under s.
2974.07 (7), (9) (a), or (10) (a) 5., unless the court authorizes destruction of the
3biological material under s. 974.07 (9) (b) or (10) (a) 5.
AB291, s. 10 4Section 10. 801.02 (7) (a) 2. c. of the statutes is amended to read:
AB291,10,85 801.02 (7) (a) 2. c. A person bringing an action seeking relief from a judgment
6of conviction or a sentence of a court, including an action for an extraordinary writ
7or a supervisory writ seeking relief from a judgment of conviction or a sentence of a
8court or an action under s. 809.30, 809.40, 973.19 or , 974.06 or 974.07.
AB291, s. 11 9Section 11. 805.15 (3) (intro.) of the statutes is amended to read:
AB291,10,1210 805.15 (3) (intro.) A Except as provided in ss. 974.07 (10) (b) and 980.101 (2)
11(b), a
new trial shall be ordered on the grounds of newly-discovered evidence if the
12court finds that:
AB291, s. 12 13Section 12. 805.16 (5) of the statutes is created to read:
AB291,10,1514 805.16 (5) The time limits in this section for filing motions do not apply to
15motions made under s. 974.07 (2) or 980.101.
AB291, s. 13 16Section 13. 808.075 (4) (h) of the statutes is amended to read:
AB291,10,1917 808.075 (4) (h) Commitment, supervised release, recommitment and,
18discharge, and postcommitment relief under ss. 980.06, 980.08, 980.09 and, 980.10,
19and 980.101
of a person found to be a sexually violent person under ch. 980.
AB291, s. 14 20Section 14. 809.30 (1) (a) of the statutes is amended to read:
AB291,11,221 809.30 (1) (a) "Postconviction relief" means, in a felony or misdemeanor case,
22an appeal or a motion for postconviction relief other than a motion under s. 973.19
23or, 974.06 or 974.07 (2). In a ch. 48, 51, 55 or 938 case, other than a termination of
24parental rights case under s. 48.43, it means an appeal or a motion for
25reconsideration by the trial court of its final judgment or order; in such cases a notice

1of intent to pursue such relief or a motion for such relief need not be styled as seeking
2"postconviction" relief.
AB291, s. 15 3Section 15. 809.30 (2) (L) of the statutes is amended to read:
AB291,11,54 809.30 (2) (L) An appeal under s. 974.06 or 974.07 is governed by the
5procedures for civil appeals.
AB291, s. 16 6Section 16. 938.293 (2) of the statutes is amended to read:
AB291,11,177 938.293 (2) All records relating to a juvenile which are relevant to the subject
8matter of a proceeding under this chapter shall be open to inspection by a guardian
9ad litem or counsel for any party, upon demand and upon presentation of releases
10where necessary, at least 48 hours before the proceeding. Persons entitled to inspect
11the records may obtain copies of the records with the permission of the custodian of
12the records or with the permission of the court. The court may instruct counsel not
13to disclose specified items in the materials to the juvenile or the parent if the court
14reasonably believes that the disclosure would be harmful to the interests of the
15juvenile. Sections Section 971.23 and 972.11 (5) shall be applicable in all delinquency
16proceedings under this chapter, except that the court shall establish the timetable
17for the disclosures required under ss. s. 971.23 (1), (2m) and, (8), and 972.11 (5) (9).
AB291, s. 17 18Section 17. 938.299 (4) (a) of the statutes is amended to read:
AB291,11,2119 938.299 (4) (a) Chapters 901 to 911 govern the presentation of evidence at the
20fact-finding hearing under s. 938.31. Section 972.11 (5) applies at fact-finding
21proceedings in all delinquency proceedings under this chapter.
AB291, s. 18 22Section 18. 938.46 of the statutes is amended to read:
AB291,12,4 23938.46 New evidence. A juvenile whose status is adjudicated by the court
24under this chapter, or the juvenile's parent, guardian or legal custodian, may at any
25time within one year after the entering of the court's order petition the court for a

1rehearing on the ground that new evidence has been discovered affecting the
2advisability of the court's original adjudication. Upon a showing that such evidence
3does exist, the court shall order a new hearing. This section does not apply to motions
4made under s. 974.07 (2).
AB291, s. 19 5Section 19. 939.74 (1) of the statutes is amended to read:
AB291,12,106 939.74 (1) Except as provided in sub. subs. (2), and (2d) and s. 946.88 (1),
7prosecution for a felony must be commenced within 6 years and prosecution for a
8misdemeanor or for adultery within 3 years after the commission thereof. Within the
9meaning of this section, a prosecution has commenced when a warrant or summons
10is issued, an indictment is found, or an information is filed.
AB291, s. 20 11Section 20. 939.74 (2) (c) of the statutes is amended to read:
AB291,12,1512 939.74 (2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a),
13948.05, 948.06, 948.07 (1), (2), (3) or (4), 948.08 or 948.095 shall be commenced before
14the victim reaches the age of 31 years or be barred, except as provided in sub. (2d)
15(c)
.
AB291, s. 21 16Section 21. 939.74 (2d) of the statutes is created to read:
AB291,12,1917 939.74 (2d) (a) In this subsection, "deoxyribonucleic acid profile" means an
18individual's patterned chemical structure of genetic information identified by
19analyzing biological material that contains the individual's deoxyribonucleic acid.
AB291,13,420 (b) If before the time limitation under sub. (1) expired, the state collected
21biological material that is evidence of the identity of the person who committed a
22violation of s. 940.225 (1) or (2), the state identified a deoxyribonucleic acid profile
23from the biological material, and comparisons of that deoxyribonucleic acid profile
24to deoxyribonucleic acid profiles of known persons did not result in a probable
25identification of the person who is the source of the biological material, the state may

1commence prosecution of the person who is the source of the biological material for
2violation of s. 940.225 (1) or (2) within 12 months after comparison of the
3deoxyribonucleic acid profile relating to the violation results in a probable
4identification of the person.
AB291,13,145 (c) If before the time limitation under sub. (2) (c) expired, the state collected
6biological material that is evidence of the identity of the person who committed a
7violation of s. 948.02 (1) or (2) or 948.025, the state identified a deoxyribonucleic acid
8profile from the biological material, and comparisons of that deoxyribonucleic acid
9profile to deoxyribonucleic acid profiles of known persons did not result in a probable
10identification of the person who is the source of the biological material, the state may
11commence prosecution of the person who is the source of the biological material for
12violation of s. 948.02 (1) or (2) or 948.025 within 12 months after comparison of the
13deoxyribonucleic acid profile relating to the violation results in a probable
14identification of the person.
AB291, s. 22 15Section 22. 950.04 (1v) (s) of the statutes is amended to read:
AB291,13,2116 950.04 (1v) (s) To have any stolen or other personal property expeditiously
17returned by law enforcement agencies when no longer needed as evidence , subject
18to s. 968.205
. If feasible, all such property, except weapons, currency, contraband,
19property subject to evidentiary analysis, property subject to preservation under s.
20968.205,
and property the ownership of which is disputed, shall be returned to the
21person within 10 days of being taken.
AB291, s. 23 22Section 23. 950.04 (1v) (yd) of the statutes is created to read:
AB291,14,223 950.04 (1v) (yd) To have the appropriate clerk of court make a reasonable
24attempt to send the victim a copy of a motion made under s. 974.07 (2) for

1postconviction deoxyribonucleic acid testing of certain evidence and notification of
2any hearing on that motion, as provided under s. 974.07 (4).
AB291, s. 24 3Section 24. 968.20 (1) (intro.) of the statutes is amended to read:
AB291,14,124 968.20 (1) (intro.) Any person claiming the right to possession of property
5seized pursuant to a search warrant or seized without a search warrant may apply
6for its return to the circuit court for the county in which the property was seized or
7where the search warrant was returned. The court shall order such notice as it
8deems adequate to be given the district attorney and all persons who have or may
9have an interest in the property and shall hold a hearing to hear all claims to its true
10ownership. If the right to possession is proved to the court's satisfaction, it shall
11order the property, other than contraband or property covered under sub. (1m) or (1r)
12or s. 173.12 or, 173.21 (4), or 968.205, returned if:
AB291, s. 25 13Section 25. 968.20 (2) of the statutes is amended to read:
AB291,14,1714 968.20 (2) Property not required for evidence or use in further investigation,
15unless contraband or property covered under sub. (1m) or (1r) or s. 173.12 or 968.205,
16may be returned by the officer to the person from whom it was seized without the
17requirement of a hearing.
AB291, s. 26 18Section 26. 968.20 (4) of the statutes is amended to read:
AB291,15,319 968.20 (4) Any property seized, other than property covered under s. 968.205,
20which that poses a danger to life or other property in storage, transportation or use
21and which that is not required for evidence or further investigation shall be safely
22disposed of upon command of the person in whose custody they are committed. The
23city, village, town or county shall by ordinance or resolution establish disposal
24procedures. Procedures may include provisions authorizing an attempt to return to
25the rightful owner substances which have a commercial value in normal business

1usage and do not pose an immediate threat to life or property. If enacted, any such
2provision shall include a presumption that if the substance appears to be or is
3reported stolen an attempt will be made to return the substance to the rightful owner.
AB291, s. 27 4Section 27. 968.205 of the statutes is created to read:
AB291,15,5 5968.205 Preservation of certain evidence. (1) In this section:
AB291,15,136 (a) "Custody" means actual custody of a person under a sentence of
7imprisonment, custody of a probationer, parolee, or person on extended supervision
8by the department of corrections, actual or constructive custody of a person pursuant
9to a dispositional order under ch. 938, supervision of a person, whether in
10institutional care or on conditional release, pursuant to a commitment order under
11s. 971.17 and supervision of a person under ch. 980, whether in detention before trial
12or while in institutional care or on supervised release pursuant to a commitment
13order.
AB291,15,1814 (b) "Discharge date" means the date on which a person is released or discharged
15from custody that resulted from a criminal action, a delinquency proceeding under
16ch. 938, or a commitment proceeding under s. 971.17 or ch. 980 or, if the person is
17serving consecutive sentences of imprisonment, the date on which the person is
18released or discharged from custody under all of the sentences.
AB291,15,25 19(2) Except as provided in sub. (3), if physical evidence that is in the possession
20of a law enforcement agency includes any biological material that was collected in
21connection with a criminal investigation that resulted in a criminal conviction,
22delinquency adjudication, or commitment under s. 971.17 or 980.06, the law
23enforcement agency shall preserve the physical evidence until every person in
24custody as a result of the conviction, adjudication, or commitment has reached his
25or her discharge date.
AB291,16,3
1(3) Subject to sub. (5), a law enforcement agency may destroy biological
2material before the expiration of the time period specified in sub. (2) if all of the
3following apply:
AB291,16,74 (a) The law enforcement agency sends a notice of its intent to destroy the
5biological material to all persons who remain in custody as a result of the criminal
6conviction, delinquency adjudication, or commitment, and to either the attorney of
7record for each person in custody or the state public defender.
AB291,16,98 (b) No person who is notified under par. (a) does either of the following within
990 days after the date on which the person received the notice:
AB291,16,1010 1. Files a motion for testing of the biological material under s. 974.07 (2).
AB291,16,1211 2. Submits a written request to preserve the biological material to the law
12enforcement agency or district attorney.
AB291,16,1413 (c) No other provision of federal or state law requires the law enforcement
14agency to preserve the biological material.
AB291,16,19 15(4) A notice provided under sub. (3) (a) shall clearly inform the recipient that
16the biological material will be destroyed unless, within 90 days after the date on
17which the person receives the notice, either a motion for testing of the material is
18filed under s. 974.07 (2) or a written request to preserve the material is submitted
19to the law enforcement agency.
AB291,16,25 20(5) If, after providing notice under sub. (3) (a) of its intent to destroy biological
21material, a law enforcement agency receives a written request to preserve the
22material, the law enforcement agency shall preserve the material until the discharge
23date of the person who made the request or on whose behalf the request was made,
24subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court
25authorizes destruction of the biological material under s. 974.07 (9) (b) or (10) (a) 5.
AB291, s. 28
1Section 28. 971.04 (3) of the statutes is amended to read:
AB291,17,182 971.04 (3) If the defendant is present at the beginning of the trial and
3thereafter, during the progress of the trial or before the verdict of the jury has been
4returned into court, voluntarily absents himself or herself from the presence of the
5court without leave of the court, the trial or return of verdict of the jury in the case
6shall not thereby be postponed or delayed, but the trial or submission of said case to
7the jury for verdict and the return of verdict thereon, if required, shall proceed in all
8respects as though the defendant were present in court at all times. A defendant
9need not be present at the pronouncement or entry of an order granting or denying
10relief under s. 974.02 or, 974.06, or 974.07. If the defendant is not present, the time
11for appeal from any order under ss. 974.02 and, 974.06, and 974.07 shall commence
12after a copy has been served upon the attorney representing the defendant, or upon
13the defendant if he or she appeared without counsel. Service of such an order shall
14be complete upon mailing. A defendant appearing without counsel shall supply the
15court with his or her current mailing address. If the defendant fails to supply the
16court with a current and accurate mailing address, failure to receive a copy of the
17order granting or denying relief shall not be a ground for tolling the time in which
18an appeal must be taken.
AB291, s. 29 19Section 29. 971.23 (1) (e) of the statutes is amended to read:
AB291,18,220 971.23 (1) (e) Any relevant written or recorded statements of a witness named
21on a list under par. (d), including any videotaped oral statement of a child under s.
22908.08, any reports or statements of experts made in connection with the case or, if
23an expert does not prepare a report or statement, a written summary of the expert's
24findings or the subject matter of his or her testimony, and the results of any physical
25or mental examination, scientific test, experiment or comparison that the district

1attorney intends to offer in evidence at trial. This paragraph does not apply to
2reports subject to disclosure under s. 972.11 (5).
AB291, s. 30 3Section 30. 971.23 (2m) (am) of the statutes is amended to read:
AB291,18,114 971.23 (2m) (am) Any relevant written or recorded statements of a witness
5named on a list under par. (a), including any reports or statements of experts made
6in connection with the case or, if an expert does not prepare a report or statement,
7a written summary of the expert's findings or the subject matter of his or her
8testimony, and including the results of any physical or mental examination, scientific
9test, experiment or comparison that the defendant intends to offer in evidence at
10trial. This paragraph does not apply to reports subject to disclosure under s. 972.11
11(5).
AB291, s. 31 12Section 31. 971.23 (9) of the statutes is created to read:
AB291,18,1413 971.23 (9) Deoxyribonucleic acid evidence. (a) In this subsection
14"deoxyribonucleic acid profile" has the meaning given in s. 939.74 (2d) (a).
AB291,18,2115 (b) Notwithstanding sub. (1) (e) or (2m) (am), if either party intends to submit
16deoxyribonucleic acid profile evidence at a trial to prove or disprove the identity of
17a person, the party seeking to introduce the evidence shall notify the other party of
18the intent to introduce the evidence in writing by mail at least 45 days before the date
19set for trial; and shall provide the other party, within 15 days of request, the material
20identified under sub. (1) (e), or par. (2m) (am), whichever is appropriate, that relates
21to the evidence.
AB291,19,222 (c) The court shall exclude deoxyribonucleic acid profile evidence at trial, if the
23notice and production deadlines under par. (b) are not met, except the court may
24waive the 45 day notice requirement or may extend the 15 day production
25requirement upon stipulation of the parties, or for good cause, if the court finds that

1no party will be prejudiced by the waiver or extension. The court may in appropriate
2cases grant the opposing party a recess or continuance.
AB291, s. 32 3Section 32. 972.11 (1) of the statutes is amended to read:
AB291,19,94 972.11 (1) Except as provided in subs. (2) to (5) (4), the rules of evidence and
5practice in civil actions shall be applicable in all criminal proceedings unless the
6context of a section or rule manifestly requires a different construction. No guardian
7ad litem need be appointed for a defendant in a criminal action. Chapters 885 to 895,
8except ss. 804.02 to 804.07 and 887.23 to 887.26, shall apply in all criminal
9proceedings.
AB291, s. 33 10Section 33. 972.11 (5) of the statutes is repealed.
AB291, s. 34 11Section 34. 974.02 (1) of the statutes is amended to read:
AB291,19,2012 974.02 (1) A motion for postconviction relief other than under s. 974.06 or
13974.07 (2)
by the defendant in a criminal case shall be made in the time and manner
14provided in ss. 809.30 and 809.40. An appeal by the defendant in a criminal case from
15a judgment of conviction or from an order denying a postconviction motion or from
16both shall be taken in the time and manner provided in ss. 808.04 (3), 809.30 and
17809.40. An appeal of an order or judgment on habeas corpus remanding to custody
18a prisoner committed for trial under s. 970.03 shall be taken under ss. 808.03 (2) and
19809.50, with notice to the attorney general and the district attorney and opportunity
20for them to be heard.
AB291, s. 35 21Section 35. 974.05 (1) (b) of the statutes is amended to read:
AB291,19,2322 974.05 (1) (b) Order granting postconviction relief under s. 974.02 or, 974.06
23or 974.07.
AB291, s. 36 24Section 36. 974.07 of the statutes is created to read:
AB291,20,2
1974.07 Motion for postconviction deoxyribonucleic acid testing of
2certain evidence.
(1) In this section:
AB291,20,33 (a) "Movant" means a person who makes a motion under sub. (2).
AB291,20,54 (b) "Government agency" means any department, agency, or court of the federal
5government, of this state, or of a city, village, town, or county in this state.
AB291,20,10 6(2) At any time after being convicted of a crime, adjudicated delinquent, or
7found not guilty by reason of mental disease or defect, a person may make a motion
8in the court in which he or she was convicted, adjudicated delinquent, or found not
9guilty by reason of mental disease or defect for an order requiring forensic
10deoxyribonucleic acid testing of evidence to which all of the following apply:
AB291,20,1311 (a) The evidence is relevant to the investigation or prosecution that resulted
12in the conviction, adjudication, or finding of not guilty by reason of mental disease
13or defect.
AB291,20,1514 (b) The evidence is in the actual or constructive possession of a government
15agency.
AB291,20,2016 (c) The evidence has not previously been subjected to forensic deoxyribonucleic
17acid testing or, if the evidence has previously been tested, it may now be subjected
18to another test using a scientific technique that was not available or was not utilized
19at the time of the previous testing and that provides a reasonable likelihood of more
20accurate and probative results.
AB291,21,4 21(3) A movant or, if applicable, his or her attorney shall serve a copy of the
22motion made under sub. (2) on the district attorney's office that prosecuted the case
23that resulted in the conviction, adjudication, or finding of not guilty by reason of
24mental disease or defect. The court in which the motion is made shall also notify the
25appropriate district attorney's office that a motion has been made under sub. (2) and

1shall give the district attorney an opportunity to respond to the motion. Failure by
2a movant to serve a copy of the motion on the appropriate district attorney's office
3does not deprive the court of jurisdiction and is not grounds for dismissal of the
4motion.
AB291,21,12 5(4) (a) The clerk of the circuit court in which a motion under sub. (2) is made
6shall send a copy of the motion and, if a hearing on the motion is scheduled, a notice
7of the hearing to the victim of the crime or delinquent act committed by the movant,
8if the clerk is able to determine an address for the victim. The clerk of the circuit court
9shall make a reasonable attempt to send the copy of the motion to the address of the
10victim within 7 days of the date on which the motion is filed and shall make a
11reasonable attempt to send a notice of hearing, if a hearing is scheduled, to the
12address of the victim, postmarked at least 10 days before the date of the hearing.
AB291,21,1913 (b) Notwithstanding the limitation on the disclosure of mailing addresses from
14completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046
15(4) (d), 301.048 (4m) (d), 301.38 (4), 302.115 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2),
16971.17 (6m) (d), and 980.11 (4), the department of corrections, the parole commission,
17and the department of health and family services shall, upon request, assist clerks
18of court in obtaining information regarding the mailing address of victims for the
19purpose of sending copies of motions and notices of hearings under par. (a).
AB291,21,25 20(5) Upon receiving under sub. (3) a copy of a motion made under sub. (2) or
21notice from a court that a motion has been made, whichever occurs first, the district
22attorney shall take all actions necessary to ensure that all biological material that
23was collected in connection with the investigation or prosecution of the case and that
24remains in the actual or constructive custody of a government agency is preserved
25pending completion of the proceedings under this section.
AB291,22,3
1(6) (a) Upon demand the district attorney shall disclose to the movant or his
2or her attorney whether biological material has been tested and shall make available
3to the movant or his or her attorney the following material:
AB291,22,44 1. Findings based on testing of biological materials.
AB291,22,75 2. Physical evidence that is in the actual or constructive possession of a
6government agency and that contains biological material or on which there is
7biological material.
AB291,22,108 (b) Upon demand the movant or his or her attorney shall disclose to the district
9attorney whether biological material has been tested and shall make available to the
10district attorney the following material:
AB291,22,1111 1. Findings based on testing of biological materials.
AB291,22,1212 2. The movant's biological specimen.
AB291,22,1513 (c) Upon motion of the district attorney or the movant, the court may impose
14reasonable conditions on availability of material requested under pars. (a) 2. and (b)
152. in order to protect the integrity of the evidence.
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