SB82,33,2124 51.42 (3) (as) 1r. A county department shall authorize all care of any patient
25in a state, local, or private facility under a contractual agreement between the county

1department and the facility, unless the county department governs the facility. The
2need for inpatient care shall be determined by the program director or designee in
3consultation with and upon the recommendation of a licensed physician trained in
4psychiatry and employed by the county department or its contract agency. In cases
5of emergency, a facility under contract with any county department shall charge the
6county department having jurisdiction in the county where the patient is found. The
7county department shall reimburse the facility for the actual cost of all authorized
8care and services less applicable collections under s. 46.036, unless the department
9of health services determines that a charge is administratively infeasible, or unless
10the department of health services, after individual review, determines that the
11charge is not attributable to the cost of basic care and services. Except as provided
12in subd. 1m., a county department may not reimburse any state institution or receive
13credit for collections for care received in a state institution by nonresidents of this
14state, interstate compact clients, transfers under s. 51.35 (3), transfers from
15Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977
16stats., or s. 975.02, 1977 stats., or s. 975.06, 2013 stats., or s. 971.14, 971.17 or 975.06
17ch. 975 or admissions under s. 975.17, 1977 stats., or children placed in the
18guardianship of the department of children and families under s. 48.427 or 48.43 or
19under the supervision of the department of corrections under s. 938.183 or 938.355.
20The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs
21that are attributable to care and treatment of the client.
SB82,47 22Section 47. 51.42 (3) (aw) 1. d. of the statutes is amended to read:
SB82,34,523 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a
24conditional release plan approved by a court for a person who is a county resident and
25is conditionally released under s. 971.17 (3) or (4) 975.57 (4) or 975.59 or that are

1specified in a supervised release plan approved by a court under s. 980.06 (2) (c), 1997
2stats., s. 980.08 (5), 2003 stats., or s. 980.08 (4) (g). If the county department provides
3treatment and services under this subdivision, the department of health services
4shall, from the appropriation under s. 20.435 (2) (bj), pay the county department for
5the costs of the treatment and services.
SB82,48 6Section 48. 51.437 (4rm) (a) of the statutes is amended to read:
SB82,35,97 51.437 (4rm) (a) A county department of developmental disabilities services
8shall authorize all care of any patient in a state, local, or private facility under a
9contractual agreement between the county department of developmental disabilities
10services and the facility, unless the county department of developmental disabilities
11services governs the facility. The need for inpatient care shall be determined by the
12program director or designee in consultation with and upon the recommendation of
13a licensed physician trained in psychiatry and employed by the county department
14of developmental disabilities services or its contract agency prior to the admission
15of a patient to the facility except in the case of emergency services. In cases of
16emergency, a facility under contract with any county department of developmental
17disabilities services shall charge the county department of developmental
18disabilities services having jurisdiction in the county where the individual receiving
19care is found. The county department of developmental disabilities services shall
20reimburse the facility, except as provided under par. (c), for the actual cost of all
21authorized care and services less applicable collections under s. 46.036, unless the
22department of health services determines that a charge is administratively
23infeasible, or unless the department of health services, after individual review,
24determines that the charge is not attributable to the cost of basic care and services.
25The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs

1which are attributable to care and treatment of the client. County departments of
2developmental disabilities services may not reimburse any state institution or
3receive credit for collections for care received in a state institution by nonresidents
4of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments
5under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06,
62013 stats., or ch. 975, admissions under s. 975.17, 1977 stats., children placed in the
7guardianship of the department of children and families under s. 48.427 or 48.43 or
8juveniles under the supervision of the department of corrections under s. 938.183 or
9938.355.
SB82,49 10Section 49. 51.61 (1) (intro.) of the statutes is amended to read:
SB82,36,211 51.61 (1) (intro.) In this section, "patient" means any individual who is
12receiving services for mental illness, developmental disabilities, alcoholism or drug
13dependency, including any individual who is admitted to a treatment facility in
14accordance with this chapter or ch. 48 or 55 or who is detained, committed or placed
15under this chapter, ch. 975, 2013 stats., or ch. 48, 55, 971, 975, or 980, or who is
16transferred to a treatment facility under s. 51.35 (3) or 51.37 or who is receiving care
17or treatment for those conditions through the department or a county department
18under s. 51.42 or 51.437 or in a private treatment facility. "Patient" does not include
19persons committed under ch. 975, 2013 stats., who are transferred to or residing in
20any state prison listed under s. 302.01. In private hospitals and in public general
21hospitals, "patient" includes any individual who is admitted for the primary purpose
22of treatment of mental illness, developmental disability, alcoholism or drug abuse
23but does not include an individual who receives treatment in a hospital emergency
24room nor an individual who receives treatment on an outpatient basis at those

1hospitals, unless the individual is otherwise covered under this subsection. Except
2as provided in sub. (2), each patient shall:
SB82,50 3Section 50. 51.61 (1) (e) of the statutes is amended to read:
SB82,36,104 51.61 (1) (e) Except in the case of a patient who is admitted or transferred under
5s. 51.35 (3) or 51.37 or under ch. 971, ch. 975, 2013 stats., or ch. 975, have the right
6to the least restrictive conditions necessary to achieve the purposes of admission,
7commitment or protective placement, under programs, services and resources that
8the county board of supervisors or the Milwaukee County mental health board, as
9applicable, is reasonably able to provide within the limits of available state and
10federal funds and of county funds required to be appropriated to match state funds.
SB82,51 11Section 51. 51.61 (1) (i) 1. of the statutes is amended to read:
SB82,37,2212 51.61 (1) (i) 1. Except as provided in subd. 2., have a right to be free from
13physical restraint and isolation except for emergency situations or when isolation or
14restraint is a part of a treatment program. Isolation or restraint may be used only
15when less restrictive measures are ineffective or not feasible and shall be used for
16the shortest time possible. When a patient is placed in isolation or restraint, his or
17her status shall be reviewed once every 30 minutes. Each facility shall have a written
18policy covering the use of restraint or isolation that ensures that the dignity of the
19individual is protected, that the safety of the individual is ensured, and that there
20is regular, frequent monitoring by trained staff to care for bodily needs as may be
21required. Isolation or restraint may be used for emergency situations only when it
22is likely that the patient may physically harm himself or herself or others. The
23treatment director shall specifically designate physicians who are authorized to
24order isolation or restraint, and shall specifically designate licensed psychologists
25who are authorized to order isolation. If the treatment director is not a physician,

1the medical director shall make the designation. In the case of a center for the
2developmentally disabled, use shall be authorized by the director of the center. The
3authorization for emergency use of isolation or restraint shall be in writing, except
4that isolation or restraint may be authorized in emergencies for not more than one
5hour, after which time an appropriate order in writing shall be obtained from the
6physician or licensed psychologist designated by the director, in the case of isolation,
7or the physician so designated in the case of restraint. Emergency isolation or
8restraint may not be continued for more than 24 hours without a new written order.
9Isolation may be used as part of a treatment program if it is part of a written
10treatment plan, and the rights specified in this subsection are provided to the
11patient. The use of isolation as a part of a treatment plan shall be explained to the
12patient and to his or her guardian, if any, by the person who provides the treatment.
13A treatment plan that incorporates isolation shall be evaluated at least once every
142 weeks. Patients who have a recent history of physical aggression may be restrained
15during transport to or from the facility. Persons who are committed or transferred
16under s. 51.35 (3) or 51.37, under ch. 975, 2013 stats., or under ch. 971 or 975, or who
17are detained or committed under ch. 980, and who, while under this status, are
18transferred to a hospital, as defined in s. 50.33 (2), for medical care may be isolated
19for security reasons within locked facilities in the hospital. Patients who are
20committed or transferred under ch. 975, 2013 stats., under s. 51.35 (3) or 51.37, or
21under ch. 971 or 975, or who are detained or committed under ch. 980, may be
22restrained for security reasons during transport to or from the facility.
SB82,52 23Section 52. 51.87 (3) of the statutes is amended to read:
SB82,38,524 51.87 (3) Purchase of services. A county department under s. 46.23, 51.42,
25or 51.437 may contract as provided under this section with public or private agencies

1in states bordering on Wisconsin to secure services under this chapter for persons
2who receive services through the county department, except that services may not
3be secured for persons committed under s. 971.14 or 971.17 ch. 975. Section 46.036
4(1) to (6) applies to contracts entered into under this section by county departments
5under s. 46.23, 51.42, or 51.437.
SB82,53 6Section 53. 55.043 (6) (bt) 8. of the statutes is amended to read:
SB82,38,107 55.043 (6) (bt) 8. To the attorney or guardian ad litem for the adult at risk who
8is the alleged victim named in the record, to assist in preparing for any proceeding
9under this chapter, ch. 975, 2013 stats., or ch. 48, 51, 54, 813, 971, or 975 pertaining
10to the alleged victim.
SB82,54 11Section 54. 55.075 (intro.) of the statutes is amended to read:
SB82,38,13 1255.075 Protective services or protective placement; petition. (intro.)
13Except as provided in s. 971.14 (6) (b) 975.38:
SB82,55 14Section 55. 59.34 (2) (a) of the statutes is amended to read:
SB82,38,1715 59.34 (2) (a) Notwithstanding s. 979.04 968.015 (3) and except as provided in
16par. (b), any person holding office under sub. (1) may also serve as an emergency
17medical technician, first responder or fire fighter.
SB82,56 18Section 56. 66.0113 (3) (e) of the statutes is amended to read:
SB82,38,2219 66.0113 (3) (e) A judgment may be entered under par. (d) if the summons or
20citation was served as provided under s. 968.04 (3) (b) 2. 969.22 (2) or by personal
21service by a county, town, city, village, town sanitary district or public inland lake
22protection and rehabilitation district employee.
SB82,57 23Section 57. 66.0114 (1) (a) of the statutes is amended to read:
SB82,39,2224 66.0114 (1) (a) An action for violation of an ordinance or bylaw enacted by a city,
25village, town sanitary district or public inland lake protection and rehabilitation

1district is a civil action. All forfeitures and penalties imposed by an ordinance or
2bylaw of the city, village, town sanitary district or public inland lake protection and
3rehabilitation district, except as provided in ss. 345.20 to 345.53, may be collected in
4an action in the name of the city or village before the municipal court or in an action
5in the name of the city, village, town sanitary district or public inland lake protection
6and rehabilitation district before a court of record. If the action is in municipal court,
7the procedures under ch. 800 apply and the procedures under this section do not
8apply. If the action is in a court of record, it shall be commenced by warrant or
9summons under s. 968.04 969.20 or, if applicable, by citation under s. 778.25 or
10778.26. A law enforcement officer may arrest the offender in all cases without
11warrant under s. 968.07 969.16. If the action is commenced by warrant the affidavit
12may be the complaint. The affidavit or complaint is sufficient if it alleges that the
13defendant has violated an ordinance or bylaw, specifying the ordinance or bylaw by
14section, chapter, title or otherwise with sufficient plainness to identify the ordinance
15or bylaw. The judge may release a defendant without a cash deposit or may permit
16him or her to execute an unsecured appearance bond upon arrest. In arrests without
17a warrant or summons a statement on the records of the court of the offense charged
18is the complaint unless the court directs that a formal complaint be issued. In all
19actions under this paragraph the defendant's plea shall be guilty, not guilty or no
20contest and shall be entered as not guilty on failure to plead. A plea of not guilty on
21failure to plead puts all matters in the case at issue, any other provision of law
22notwithstanding. The defendant may enter a not guilty plea by certified mail.
SB82,58 23Section 58. 66.0139 (4) and (5) of the statutes are amended to read:
SB82,40,824 66.0139 (4) Except as provided in s. 968.20 (3) 175.27 (1), a 1st class city shall
25dispose of abandoned or unclaimed dangerous weapons or ammunition without a

1public auction 12 months after taking possession of them if the owner has not
2requested their return. Disposal procedures shall be established by ordinance or
3resolution and may include provisions authorizing an attempt to return to the
4rightful owner any dangerous weapons or ammunition which appear to be stolen or
5are reported stolen. If enacted, a disposal procedure shall include a presumption that
6if the dangerous weapons or ammunition appear to be or are reported stolen an
7attempt will be made to return the dangerous weapons or ammunition to the rightful
8owner. The dangerous weapons or ammunition are subject to sub. (5).
SB82,40,11 9(5) A political subdivision may retain or dispose of any abandoned, unclaimed,
10or seized dangerous weapon or ammunition only under s. 968.20 ss. 175.27 and
11968.625
.
SB82,59 12Section 59. 69.18 (2) (f) 3. of the statutes is amended to read:
SB82,40,1913 69.18 (2) (f) 3. A person signing a medical certification under par. (b), (c), or (d)
14shall note on the certificate if the cause of death of the subject of the certificate is
15unknown, or undetermined or if the determination of the cause of death is pending
16and shall submit to the state registrar within 30 days after the pronouncement of
17death an amendment to the medical certification which satisfies the requirements
18of subd. 1., except that such amendment may exclude information which is
19unavailable pending the determination of an inquest under s. 979.04 968.015.
SB82,60 20Section 60. 71.78 (4) (n) of the statutes is amended to read:
SB82,40,2321 71.78 (4) (n) The state public defender and the department of administration
22for the purpose of collecting payment ordered under s. 48.275 (2), 757.66, 973.06 (1)
23(e), or 977.076 (1).
SB82,61 24Section 61. 77.61 (12) (b) of the statutes is amended to read:
SB82,41,2
177.61 (12) (b) The immunity provided under par. (a) is subject to the
2restrictions under s. 972.085 967.18.
SB82,62 3Section 62. 93.17 (2) of the statutes is amended to read:
SB82,41,54 93.17 (2) The immunity provided under sub. (1) is subject to the restrictions
5under s. 972.085 967.18.
SB82,63 6Section 63. 102.13 (5) of the statutes is amended to read:
SB82,41,157 102.13 (5) The department may refuse to receive testimony as to conditions
8determined from an autopsy if it appears that the party offering the testimony had
9procured the autopsy and had failed to make reasonable effort to notify at least one
10party in adverse interest or the department at least 12 hours before the autopsy of
11the time and place it would be performed, or that the autopsy was performed by or
12at the direction of the coroner or medical examiner or at the direction of the district
13attorney for purposes not authorized by subch. I of ch. 968 or ch. 979. The
14department may withhold findings until an autopsy is held in accordance with its
15directions.
SB82,64 16Section 64. 103.005 (20) of the statutes is amended to read:
SB82,41,2117 103.005 (20) The department shall establish a procedure for the department
18to provide to the state public defender and the department of administration any
19information that the department may have concerning an individual's wages to
20assist the state public defender and the department of administration in collecting
21payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e), or 977.076 (1).
SB82,65 22Section 65. 103.10 (1m) (b) 1. of the statutes is amended to read:
SB82,41,2423 103.10 (1m) (b) 1. "Domestic abuse" has the meaning given in s. 968.075 969.27
24(1) (a).
SB82,66 25Section 66. 110.001 (1m) of the statutes is amended to read:
SB82,42,2
1110.001 (1m) "Law enforcement officer" has the meaning given in s. 967.02 (5)
2967.025 (13).
SB82,67 3Section 67. 110.07 (2m) of the statutes is amended to read:
SB82,42,164 110.07 (2m) In addition to the primary powers granted by subs. (1) and (2), any
5officer of the state traffic patrol shall have the powers of a peace officer under s. 59.28,
6except that the officer shall have the arrest powers of a law enforcement officer under
7s. 968.07 969.16, regardless of whether the violation is punishable by forfeiture or
8criminal penalty. A state traffic officer shall at all times be available as a witness for
9the state but may not conduct investigations for crimes under chs. 939 to 948 other
10than crimes relating to the use or operation of vehicles. The primary duty of a state
11traffic officer shall be the enforcement of chs. 340 to 351 or of any other law relating
12to the use or operation of vehicles upon the highway. No state traffic officer shall be
13used in or take part in any dispute or controversy between employer or employee
14concerning wages, hours, labor or working conditions; nor shall any such officer be
15required to serve civil process. The department may assign state traffic officers to
16safeguard state officers or other persons.
SB82,68 17Section 68. 110.07 (4) of the statutes is amended to read:
SB82,43,418 110.07 (4) In addition to the primary powers granted by sub. (3), any inspector
19shall have the powers of a peace officer under s. 59.28, except that the inspector shall
20have the arrest powers of a law enforcement officer under s. 968.07 969.16,
21regardless of whether the violation is punishable by forfeiture or criminal penalty.
22An inspector shall at all times be available as a witness for the state but may not
23conduct investigations for crimes under chs. 939 to 948 other than crimes relating
24to the use or operation of vehicles. The primary duty of an inspector shall be the
25enforcement of the provisions specified in sub. (3). No inspector may be used in or

1take part in any dispute or controversy between employer or employee concerning
2wages, hours, labor or working conditions; nor may an inspector be required to serve
3civil process. The department may assign inspectors to safeguard state officers or
4other persons.
SB82,69 5Section 69. 111.07 (2) (b) 2. of the statutes is amended to read:
SB82,43,76 111.07 (2) (b) 2. The immunity provided under subd. 1. is subject to the
7restrictions under s. 972.085 967.18.
SB82,70 8Section 70. 128.16 (2) of the statutes is amended to read:
SB82,43,109 128.16 (2) The immunity provided under sub. (1) is subject to the restrictions
10under s. 972.085 967.18.
SB82,71 11Section 71. 133.15 (2) of the statutes is amended to read:
SB82,43,1312 133.15 (2) The immunity provided under sub. (1) is subject to the restrictions
13under s. 972.085 967.18.
SB82,72 14Section 72. 134.43 (3) of the statutes is amended to read:
SB82,43,1715 134.43 (3) Any person who is the victim of an intrusion of privacy under this
16section is entitled to relief under s. 995.50 (1) and (4) unless the act is permissible
17under ss. 968.27 to 968.373 subch. IV of ch. 968.
SB82,73 18Section 73. 139.20 (2) of the statutes is amended to read:
SB82,43,2019 139.20 (2) The immunity provided under sub. (1) is subject to the restrictions
20under s. 972.085 967.18.
SB82,74 21Section 74. 139.39 (5) (b) of the statutes is amended to read:
SB82,43,2322 139.39 (5) (b) The immunity provided under par. (a) is subject to the restrictions
23under s. 972.085 967.18.
SB82,75 24Section 75. 146.81 (4) of the statutes is amended to read:
SB82,44,14
1146.81 (4) "Patient health care records" means all records related to the health
2of a patient prepared by or under the supervision of a health care provider; and all
3records made by an ambulance service provider, as defined in s. 256.01 (3), an
4emergency medical technician, as defined in s. 256.01 (5), or a first responder, as
5defined in s. 256.01 (9), in administering emergency care procedures to and handling
6and transporting sick, disabled, or injured individuals. "Patient health care records"
7includes billing statements and invoices for treatment or services provided by a
8health care provider and includes health summary forms prepared under s. 302.388
9(2). "Patient health care records" does not include those records subject to s. 51.30,
10reports collected under s. 69.186, records of tests administered under s. 252.15 (5g)
11or (5j), 343.305, 938.296 (4) or (5), or 968.38 968.725 (4) or (5), records related to sales
12of pseudoephedrine products, as defined in s. 961.01 (20c), that are maintained by
13pharmacies under s. 961.235, fetal monitor tracings, as defined under s. 146.817 (1),
14or a pupil's physical health records maintained by a school under s. 118.125.
SB82,76 15Section 76. 146.82 (2) (c) of the statutes is amended to read:
SB82,44,2016 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be
17released to appropriate examiners and facilities in accordance with s. 971.17 (2) (e),
18(4) (c), and (7) (c)
975.56 (2), 975.59 (3), and 975.63 (4). The recipient of any
19information from the records shall keep the information confidential except as
20necessary to comply with s. 971.17 subch. III of ch. 975.
SB82,77 21Section 77. 154.30 (3) (a) 2. of the statutes is amended to read:
SB82,44,2522 154.30 (3) (a) 2. Any power or duty of a coroner, medical examiner, or other
23physician licensed to perform autopsies with respect to the reporting of certain
24deaths, and the performance of autopsies, under ch. 979 and with respect to inquests
25under subch. I of ch. 979 968.
SB82,78
1Section 78. 165.76 (1) (bm) of the statutes, as affected by 2013 Wisconsin Act
220
, is amended to read:
SB82,45,63 165.76 (1) (bm) Has been found not guilty or not responsible by reason of
4mental disease or defect on or after August 12, 1993, and committed under s. 51.20
5or 971.17 subch. III of ch. 975 for any violation of s. 940.225 (1) or (2), 948.02 (1) or
6(2), 948.025, or 948.085.
SB82,79 7Section 79. 165.76 (1) (br) of the statutes, as affected by 2013 Wisconsin Act
820
, is amended to read:
SB82,45,129 165.76 (1) (br) Has been found not guilty or not responsible by reason of mental
10disease or defect on or after January 1, 2000, and committed under s. 51.20 or 971.17
11subch. III of ch. 975, for any felony or a violation of s. 165.765 (1), 2011 stats., or of
12s. 940.225 (3m), 944.20, 946.52, or 948.10 (1) (b).
SB82,80 13Section 80. 165.76 (1) (g) of the statutes, as affected by 2013 Wisconsin Act 20,
14is amended to read:
SB82,45,1815 165.76 (1) (g) Has been required by a court under s. 51.20 (13) (cr), 938.21 (1m),
16938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7), 973.047, 975.54 (2)
17(a),
or 980.063 to provide a biological specimen to the state crime laboratories for
18deoxyribonucleic acid analysis.
SB82,81 19Section 81. 165.76 (1m) of the statutes, as affected by 2013 Wisconsin Act 20,
20is amended to read:
SB82,46,521 165.76 (1m) If a person is required to provide a biological specimen under sub.
22(1) (a) to (gm) and the department of justice does not have the data obtained from
23analysis of a biological specimen from the person that the department is required to
24maintain in the data bank under s. 165.77 (3), the department may require the
25person to provide a biological specimen, regardless of whether the person previously

1provided a biological specimen under this section or s. 51.20 (13) (cr), 165.84 (7),
2938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7),
3973.047, 975.54 (2) (a), or 980.063. The department of justice, the department of
4corrections, a district attorney, or a county sheriff, shall notify any person whom the
5department of justice requires to provide a biological specimen under this subsection.
SB82,82 6Section 82. 165.76 (2m) (g) of the statutes is amended to read:
SB82,46,97 165.76 (2m) (g) If the person has been committed to the department of health
8services under s. 51.20 or 971.17 subch. III of ch. 975 or found to be a sexually violent
9person under ch. 980, as directed by the department of health services.
SB82,83 10Section 83 . 165.76 (4) (a) and (b) of the statutes, as created by 2013 Wisconsin
11Act 20
, are amended to read:
SB82,46,1512 165.76 (4) (a) Establish procedures and time limits for obtaining and
13submitting biological specimens under this section and ss. 51.20 (13) (cr), 165.84 (7),
14938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7),
15973.047, 975.54 (2) (a), and 980.063.
SB82,46,2216 (b) Specify whether an individual who is required under this section or s. 51.20
17(13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a)
18971.027 (7), 973.047, 975.54 (2) (a), or 980.063 to provide a biological specimen for
19deoxyribonucleic acid analysis must provide a new biological specimen if the crime
20laboratories already have a biological specimen from the individual or if data
21obtained from deoxyribonucleic acid analysis of the individual's biological specimen
22are already included in the data bank under s. 165.77 (3).
SB82,84 23Section 84. 165.76 (4) (c) of the statutes, as affected by 2013 Wisconsin Act 214,
24is amended to read:
SB82,47,6
1165.76 (4) (c) Allow a biological specimen, or data obtained from analysis of a
2biological specimen, obtained under this section, under s. 51.20 (13) (cr), 938.21 (1m),
3938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7), 973.047, 975.54 (2)
4(a),
or 980.063, or, if the specimen is required to be analyzed under s. 165.84 (7) (am)
51m., under s. 165.84 (7) (ah), to be submitted for inclusion in an index established
6under 42 USC 14132 (a) or in another national index system.
SB82,85 7Section 85 . 165.765 (1m) of the statutes, as created by 2013 Wisconsin Act 20,
8is amended to read:
SB82,47,149 165.765 (1m) A law enforcement officer; a jail officer; a tribal officer; a
10correctional officer; a probation, extended supervision, or parole officer; or an
11employee of the department of health services may use reasonable force to obtain a
12biological specimen from a person who intentionally refuses to provide a biological
13specimen that is required under s. 165.76 (1), 165.84 (7), 938.21 (1m), 938.30 (2m),
14938.34 (15), or 970.02 (8) 971.027 (7).
SB82,86 15Section 86 . 165.765 (2) (a) 1. of the statutes, as affected by 2013 Wisconsin Act
1620
, is amended to read:
SB82,47,2217 165.765 (2) (a) 1. Any physician, registered nurse, medical technologist,
18physician assistant, or person acting under the direction of a physician who obtains
19a biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30
20(2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7), 973.047, 975.54 (2) (a), or
21980.063 is immune from any civil or criminal liability for the act, except for civil
22liability for negligence in the performance of the act.
SB82,87 23Section 87. 165.77 (2) (b) of the statutes, as affected by 2013 Wisconsin Act 20,
24is amended to read:
SB82,48,3
1165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20
2(13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17
3(1m) (a)
971.027 (7), 973.047, 975.54 (2) (a), or 980.063.
SB82,88 4Section 88. 165.77 (2m) (c) of the statutes, as affected by 2013 Wisconsin Act
520
, is amended to read:
SB82,48,86 165.77 (2m) (c) Paragraph (b) does not apply to specimens received under s.
751.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8),
8971.17 (1m) (a)
971.027 (7), 973.047, 975.54 (2) (a), or 980.063.
SB82,89 9Section 89. 165.77 (3) of the statutes, as affected by 2013 Wisconsin Act 214,
10is amended to read:
SB82,48,2311 165.77 (3) If the laboratories receive a human biological specimen under s.
1251.20 (13) (cr), 165.76, 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m)
13(a) 971.027 (7), 973.047, 975.54 (2) (a), or 980.063, the laboratories shall analyze the
14deoxyribonucleic acid in the specimen. If the laboratories receive a human biological
15specimen under s. 165.84 (7) (ah), the laboratories shall analyze the deoxyribonucleic
16acid in the specimen as provided under s. 165.84 (7) (am) 1m. The laboratories shall
17maintain a data bank based on data obtained from deoxyribonucleic acid analysis of
18those specimens. The laboratories may compare the data obtained from one
19specimen with the data obtained from other specimens. The laboratories may make
20data obtained from any analysis and comparison available to law enforcement
21agencies in connection with criminal or delinquency investigations and, upon
22request, to any prosecutor, defense attorney or subject of the data. The data may be
23used in criminal and delinquency actions and proceedings.
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