165.75
165.75
Crime laboratories. 165.75(1)(a)
(a) "Department" means the department of justice.
165.75(1)(b)
(b) "Employee" means any person in the service of the laboratories. "Employee" does not include any division administrator.
165.75(1)(c)
(c) "Laboratories" means the crime laboratories.
165.75(2)
(2) The laboratories shall be located in the cities of Madison, Milwaukee and Wausau. The personnel of the laboratories shall consist of such employees as are authorized under
s. 20.922. The laboratory in the city of Milwaukee is named the William J. McCauley crime laboratory.
165.75(3)(a)(a) The purpose of the laboratories is to establish, maintain and operate crime laboratories to provide technical assistance to local law enforcement officers in the various fields of scientific investigation in the aid of law enforcement. Without limitation because of enumeration the laboratories shall maintain services and employ the necessary specialists, technical and scientific employees for the recognition and proper preservation, marking and scientific analysis of evidence material in the investigation and prosecution of crimes in such fields as firearms identification, the comparison and identification of toolmarks, chemistry, identification of questioned documents, metallurgy, comparative microscopy, instrumental detection of deception, the identification of fingerprints, toxicology, serology and forensic photography.
165.75(3)(b)
(b) The employees are not peace officers and have no power of arrest or to serve or execute criminal process. They shall not be appointed as deputy sheriffs and shall not be given police powers by appointment or election to any office. Employees shall not undertake investigation of criminal conduct except upon the request of a sheriff, coroner, medical examiner, district attorney, chief of police, warden or superintendent of any state prison, attorney general or governor. The head of any state agency may request investigations but in those cases the services shall be limited to the field of health, welfare and law enforcement responsibility which has by statute been vested in the particular state agency.
165.75(3)(c)
(c) Upon request under
par. (b), the laboratories shall collaborate fully in the complete investigation of criminal conduct within their competence in the forensic sciences including field investigation at the scene of the crime and for this purpose may equip a mobile unit or units.
165.75(3)(d)
(d) The services of the laboratories available to such officer shall include appearances in court as expert witnesses.
165.75(3)(e)
(e) The department may decline to provide laboratory service in any case not involving a potential charge of felony.
165.75(3)(f)
(f) The services of the laboratories may be provided in civil cases in which the state or any department, bureau, agency or officer of the state is a party in an official capacity, when requested to do so by the attorney general.
165.75(3)(g)
(g) Deoxyribonucleic acid testing ordered under
s. 974.07 shall have priority, consistent with the right of a defendant or the state to a speedy trial and consistent with the right of a victim to the prompt disposition of a case.
165.75(4)
(4) The operation of the laboratories shall conform to the rules and policies established by the attorney general.
165.75(5)
(5) Except as provided in
s. 20.001 (5), all moneys received as restitution payments reimbursing the department for moneys expended by the laboratories shall be deposited as general purpose revenue - earned.
165.75 Annotation
An evaluation of drug testing procedures. Stein, Laessig, Indriksons, 1973 WLR 727.
165.755
165.755
Crime laboratories and drug law enforcement surcharge. 165.755(1)(a)(a) Except as provided in
par. (b), a court shall impose under
ch. 814 a crime laboratories and drug law enforcement surcharge of $8 if the court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.
165.755(1)(b)
(b) A court may not impose the crime laboratories and drug law enforcement surcharge under
par. (a) for a violation of
s. 101.123 (2) (a),
(am) 1.,
(ar),
(bm),
(br), or
(bv) or
(5) (b), for a first violation of
s. 23.33 (4c) (a) 2.,
30.681 (1) (b) 1.,
346.63 (1) (b), or
350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under
s. 343.51 (1m) (b), or a safety belt use violation under
s. 347.48 (2m).
165.755(2)
(2) If the court under
sub. (1) (a) imposes a sentence or forfeiture for multiple offenses or places a person on probation for multiple offenses, a separate crime laboratories and drug law enforcement surcharge shall be imposed under
ch. 814 for each separate offense.
165.755(3)
(3) Except as provided in
sub. (4), after the court determines the amount due under
sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under
s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under
s. 59.25 (3) (f) 2.
165.755(4)
(4) If a municipal court imposes a forfeiture, after determining the amount due under
sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the secretary of administration as provided in
s. 66.0114 (1) (bm).
165.755(5)
(5) If any deposit of bail is made for a noncriminal offense to which
sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the surcharge under
sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the surcharge under
sub. (1) (a) shall be transmitted monthly to the secretary of administration under this section. If bail is returned, the surcharge shall also be returned.
165.755(6)
(6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement surcharge under
sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.
165.755(7)
(7) All moneys collected from crime laboratories and drug law enforcement surcharges under this section shall be deposited by the secretary of administration and used as specified in
s. 20.455 (2) (kd) and
(Lm).
165.76
165.76
Submission of human biological specimen. 165.76(1)(1) Except as provided in
sub. (3), a person shall comply with the requirements under this section if he or she meets any of the following criteria:
165.76(1)(a)
(a) Is in a juvenile correctional facility, as defined in
s. 938.02 (10p), or a secured residential care center for children and youth, as defined in
s. 938.02 (15g), or on probation, extended supervision, parole, supervision, or aftercare supervision on or after August 12, 1993, for any violation of
s. 940.225 (1) or
(2),
948.02 (1) or
(2),
948.025, or
948.085.
165.76(1)(ar)
(ar) Is in prison on or after January 1, 2000, for a felony committed in this state.
165.76(1)(d)
(d) Is found to be a sexually violent person under
ch. 980 on or after June 2, 1994.
165.76(1)(e)
(e) Is released on parole or extended supervision or placed on probation in another state before January 1, 2000, and is on parole, extended supervision, or probation in this state from the other state under
s. 304.13 (1m),
304.135, or
304.16 on or after July 9, 1996, for a violation of the law of the other state that the department of corrections determines, under
s. 304.137 (1), is comparable to a violation of
s. 940.225 (1) or
(2),
948.02 (1) or
(2),
948.025, or
948.085.
165.76(1)(f)
(f) Is released on parole or extended supervision or placed on probation in another state on or after January 1, 2000, and is on parole, extended supervision, or probation in this state from the other state under
s. 304.13 (1m),
304.135, or
304.16 for a violation of the law of the other state that the department of corrections determines, under
s. 304.137 (2), would constitute a felony if committed by an adult in this state.
165.76(2)(a)(a) Except as provided in
sub. (3), a person subject to
sub. (1) shall provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
165.76(2)(b)
(b) The person shall comply with
par. (a) at the following applicable time:
165.76(2)(b)1.
1. If the person has been placed on probation or supervision, he or she shall provide the specimen under
par. (a) at the office of a county sheriff as soon after the placement as practicable, as directed by his or her probation, extended supervision and parole agent or, if a child, the agency providing supervision for the child.
165.76(2)(b)2.
2. If the person has been sentenced to prison or placed in a juvenile correctional facility or a secured residential care center for children and youth, he or she shall provide the specimen under
par. (a) at the office of a county sheriff as soon as practicable after release on parole, extended supervision, or aftercare supervision, as directed by his or her probation, extended supervision, and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in the juvenile correctional facility or secured residential care center for children and youth.
165.76(2)(b)3.
3. If the person has been committed to the department of health services under
s. 51.20 or
971.17 or found to be a sexually violent person under
ch. 980, he or she shall provide the specimen under
par. (a) as directed by the department of health services.
165.76(2)(b)3m.
3m. If the person is on parole, extended supervision, or probation in this state from another state under
s. 304.13 (1m),
304.135, or
304.16, he or she shall provide the specimen under
par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation, extended supervision, and parole agent.
165.76(2)(b)4.
4. If
subds. 1. to
3m. do not apply, the department of justice shall specify in its order the time and procedure for the person to provide the specimen under
par. (a).
165.76(2)(b)5.
5. Notwithstanding
subds. 1. to
3., for persons who are subject to
sub. (1) and who are in prison, a juvenile correctional facility, or a secured residential care center for children and youth or on probation, extended supervision, parole, supervision, or aftercare supervision on August 12, 1993, the departments of justice, corrections, and health services shall cooperate to have these persons provide specimens under
par. (a) before July 1, 1998.
165.76(2)(b)6.
6. Notwithstanding
subd. 3m., for a person who is subject to
sub. (1) (e) and who is on parole, extended supervision or probation in this state from another state on July 9, 1996, the department of justice and the department of corrections shall cooperate to have these persons provide specimens under
par. (a) before July 1, 2000.
165.76(4)
(4) The department of justice shall promulgate rules necessary to carry out its duties under this section.
165.76(5)
(5) The departments of corrections and health services, county departments under
ss. 46.215,
46.22 and
46.23 and county sheriffs shall cooperate with the department of justice in obtaining specimens under this section.
165.76 AnnotationDNA sampling under this section is constitutional. Shelton v. Grudman,
934 F. Supp. 1048 (1996).
165.765
165.765
Biological specimen; penalty and immunity. 165.765(1)(1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under
s. 165.76,
938.34 (15),
973.047 or
980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
165.765(2)(a)(a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under
s. 165.76,
938.34 (15),
973.047 or
980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
165.765(2)(b)
(b) Any employer of the physician, nurse, technologist, assistant or person under
par. (a) or any hospital where blood is withdrawn by that physician, nurse, technologist, assistant or person has the same immunity from liability under
par. (a).
165.765 History
History: 1993 a. 98;
1995 a. 77,
440.
165.765 Cross-reference
Cross Reference: See also ch.
Jus 9, Wis. adm. code.
165.77
165.77
Deoxyribonucleic acid analysis and data bank. 165.77(1)(b)
(b) "Law enforcement agency" means a governmental unit of one or more persons employed full time by the federal government, a state or a political subdivision of a state for the purpose of preventing and detecting crime and enforcing federal or state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
165.77(1)(c)
(c) "Wisconsin law enforcement agency" means a governmental unit of one or more persons employed full time by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
165.77(2)(a)1.1. If the laboratories receive a human biological specimen pursuant to any of the following requests, the laboratories shall analyze the deoxyribonucleic acid in the specimen:
165.77(2)(a)1.a.
a. A request from a law enforcement agency regarding an investigation.
165.77(2)(a)1.b.
b. A request, pursuant to a court order, from a defense attorney regarding his or her client's specimen.
165.77(2)(a)1.c.
c. A request, subject to the department's rules under
sub. (8), from an individual regarding his or her own specimen.
165.77(2)(a)2.
2. The laboratories may compare the data obtained from the specimen with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies 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. The laboratories shall not include data obtained from deoxyribonucleic acid analysis of those specimens received under this paragraph in the data bank under
sub. (3). The laboratories shall destroy specimens obtained under this paragraph after analysis has been completed and the applicable court proceedings have concluded.
165.77(2m)(b)(b) If the laboratories analyze biological material pursuant to an order issued under
s. 974.07 (8), the laboratories may compare the data obtained from the material with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies 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. The laboratories shall not include data obtained from deoxyribonucleic acid analysis of material that is tested pursuant to an order under
s. 974.07 (8) in the data bank under
sub. (3).
165.77(3)
(3) If the laboratories receive a human biological specimen under
s. 51.20 (13) (cr),
165.76,
938.34 (15),
971.17 (1m) (a),
973.047 or
980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. 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 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. The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.
165.77(4)
(4) A person whose deoxyribonucleic acid analysis data has been included in the data bank under
sub. (3) may request expungement on the grounds that his or her conviction or adjudication has been reversed, set aside or vacated. The laboratories shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person if it receives all of the following:
165.77(4)(a)
(a) The person's written request for expungement.
165.77(4)(b)
(b) A certified copy of the court order reversing, setting aside or vacating the conviction or adjudication.
165.77(5)
(5) Any person who intentionally disseminates a specimen received under this section or any information obtained as a result of analysis or comparison under this section or from the data bank under
sub. (3) in a manner not authorized under this section or the rules under
sub. (8) may be fined not more than $500 or imprisoned for not more than 30 days or both.
165.77(6)
(6) Except as necessary to administer this section or as provided under the department's rules under
sub. (8), the department shall deny access to any record kept under this section.
165.77(7)
(7) 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 rules under
sub. (8). The laboratories shall perform deoxyribonucleic acid analysis of specimens provided by law enforcement agencies under
sub. (2). The laboratories shall not include data obtained from deoxyribonucleic acid analysis of those specimens in the data bank under
sub. (3).
165.77(8)
(8) The department shall promulgate rules to administer this section.
165.77 Cross-reference
Cross Reference: See also ch.
Jus 9, Wis. adm. code.
165.77 Annotation
The New Genetic World and the Law. Derse. Wis. Law. April 2001.
165.78
165.78
Information center; training activities.
