When, in the opinion of the state fire marshal, investigation is necessary, he or she shall take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have any means of knowledge in relation to any case of damage to property by fire or explosives. If the state fire marshal is of the opinion that there is evidence sufficient to charge any person with a crime under s. 941.11
or with an attempt to commit any of those crimes, he or she shall cause the person to be prosecuted, and furnish the prosecuting attorney the names of all witnesses and all the information obtained by him or her, including a copy of all testimony taken in the investigation.
The state fire marshal shall assign at least one deputy fire marshal exclusively to fire marshal duties for counties having a population of 500,000 or more.
The state fire marshal and his or her subordinates shall each have the power to conduct investigations and hearings and take testimony regarding fires and the causes thereof, and compel the attendance of witnesses. The fees of witnesses shall be paid upon certificates signed by the officer before whom any witnesses shall have attended, and shall be charged to the appropriation for the state fire marshal.
All investigations held by or under the direction of the state fire marshal, or his or her subordinates, may, in the fire marshal's discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept apart from each other, and not allowed to communicate with each other until they have been examined.
The state fire marshal and his or her subordinates may at all reasonable hours in performance of their duties enter upon and examine any building or premises where any fire has occurred and other buildings or premises near the same, and seize any evidence found as a result of such examination which in the opinion of the officer finding the same may be used in any criminal action which may result from such examination or otherwise, and retain it for a reasonable time or until it becomes an exhibit in the action.
The state fire marshal, deputy state fire marshals or chiefs of fire departments shall apply for and obtain special inspection warrants prior to the inspection or investigation of personal or real properties which are not public buildings or for the inspection of portions of public buildings which are not open to the public for the purpose of determining the cause, origin and circumstances of fires either upon showing that consent to entry for inspection purposes has been refused or upon showing that it is impractical to obtain the consent. The warrant may be in the form set forth in s. 66.0119 (3)
. The definition of a public building under s. 101.01 (12)
applies to this subsection. No special inspection warrant is required:
In cases of emergency when a compelling need for official action can be shown and there is no time to secure a warrant;
For investigations which occur during or immediately after the fire fighting process; or
For searches of public buildings which are open to the public.
Any investigation or inspection authorized under sub. (10)
shall be conducted by the state fire marshal, deputy state fire marshals or chiefs of fire departments or their designees.
All officers who perform any service at the request of the state fire marshal or the state fire marshal's subordinates shall receive fees determined by the state fire marshal and such fees shall be charged to the appropriation for the department of justice.
Any officer named in subs. (1)
who neglects to comply with any of the requirements of this section shall be fined not less than $25 nor more than $200 for each neglect or violation.
The state fire marshal, any deputy fire marshal, any fire chief or his or her designee may require an insurer, including the state acting under ch. 619
, to furnish any information in its possession relating to a fire loss involving property with respect to which a policy of insurance issued or serviced by the insurer may apply. Any insurer, including the state, may furnish to the state fire marshal, any deputy fire marshal, any fire chief or designee information in its possession relating to a fire loss to which insurance issued by it may apply. In the absence of fraud or malice, no insurer furnishing information under this subsection, state fire marshal, deputy fire marshal, fire chief or designee, and no person acting on behalf of the insurer, state fire marshal, deputy fire marshal, fire chief or designee, shall be liable in any civil or criminal action on account of any statement made, material furnished or action taken in regard thereto. Information furnished by an insurer under this subsection shall be held in confidence by the state fire marshal, deputy fire marshal, fire chief or designee and all subordinates until release or publication is required pursuant to a civil or criminal proceeding. Information obtained by the state fire marshal, any deputy fire marshal, fire chief or designee during their investigations of fires determined to be the result of arson may be available to the insurer of the property involved.
The state fire marshall must establish proper discretionary reasons for exercising the privilege of secrecy under sub. (8). Black v. General Electric Co. 89 Wis. 2d 195
, 278 N.W.2d 224
(Ct. App. 1979).
Under Michigan v. Tyler, the warrantless search of an entire building on the morning after a localized fire was reasonable as it was the continuation of the prior night's investigation that had been interrupted by heat and nighttime circumstances. State v. Monosso, 103 Wis. 2d 368
, 308 N.W.2d 891
(Ct. App. 1981).
Arson investigations under subs. (9) and (10) are subject to search warrant requirements set forth in Michigan v. Tyler. Consent to search is discussed. 68 Atty. Gen. 225.
A burning building clearly presents an exigency rendering a warrantless entry reasonable, and fire officials need no warrant to remain in a building for a reasonable time to investigate the cause of the fire after it is extinguished. Michigan v. Tyler, 436 U.S. 499
The department of justice is authorized to enforce ss. 101.123 (2)
, and (8)
, 175.60 (17) (e)
, 945.02 (2)
, 945.03 (1m)
, and 945.04 (1m)
and ch. 108
and, with respect to a false statement submitted or made under s. 175.60 (7) (b)
or (15) (b) 2.
or as described under s. 175.60 (17) (c)
, to enforce s. 946.32
and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.
Investigation of statewide crime. 165.70(1)
The department of justice shall do all of the following:
Investigate crime that is statewide in nature, importance or influence.
Except as provided in sub. (1m)
, enforce chs. 945
and ss. 940.20 (3)
, 943.01 (2) (c)
, 947.02 (3)
, and 948.08
Investigate violations of ch. 563
that are statewide in nature, importance or influence.
The attorney general shall appoint, under the classified service, investigative personnel to achieve the purposes set out in sub. (1)
who shall have the powers of a peace officer. As many as are deemed necessary of the investigators so appointed shall be trained in drugs and narcotics law enforcement, or shall receive such training within one year of their appointment, and they shall assist, when appropriate, local law enforcement agencies to help them meet their responsibilities in this area.
It is the intention of this section to give the attorney general responsibility for devising programs to control crime statewide in nature, importance or influence, drugs and narcotics abuse, commercial gambling other than what is described in s. 945.03 (2m)
or 945.04 (2m)
, prostitution, and arson. Nothing herein shall deprive or relieve local peace officers of the power and duty to enforce those provisions enumerated in sub. (1)
District attorneys, sheriffs and chiefs of police shall cooperate and assist the personnel of the department in the performance of their duties.
Controlled substances hotline and rewards for controlled substances tips. 165.72(2)
The department of justice shall maintain a single toll-free telephone number during normal retail business hours, as determined by departmental rule, for all of the following:
For persons to anonymously provide tips regarding suspected controlled substances violations.
For pharmacists to report suspected controlled substances violations.
(3) Reward payment program.
The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriation under s. 20.455 (2) (m)
for information under sub. (2) (a)
leading to the arrest and conviction of a person for a violation of ch. 961
(4) Payment limitations.
A reward under sub. (3)
may not exceed $1,000 for the arrest and conviction of any one person. The department may not make any reward payment to a law enforcement officer, jail officer, juvenile detention officer, pharmacist, or department employee.
(5) Department authority.
If a reward is claimed, the department shall make the final determination regarding any payment. The department may pay portions of a reward to 2 or more persons. The payment of a reward is not subject to a contested case proceeding under ch. 227
. The offer of a reward under sub. (3)
does not create any liability on the department or the state.
The department may withhold any record under this section from inspection or copying under s. 19.35
The department shall cooperate with the department of public instruction in publicizing, in public schools, the use of the toll-free telephone number under sub. (2)
Crime laboratories. 165.75(1)(a)
"Department" means the department of justice.
"Employee" means any person in the service of the laboratories. "Employee" does not include any division administrator.
"Laboratories" means the crime laboratories.
The personnel of the laboratories shall consist of such employees as are authorized under s. 20.922
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.
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.
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.
The services of the laboratories available to such officer shall include appearances in court as expert witnesses.
The department may decline to provide laboratory service in any case not involving a potential charge of felony.
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.
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.
The operation of the laboratories shall conform to the rules and policies established by the attorney general.
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.
An evaluation of drug testing procedures. Stein, Laessig, Indriksons, 1973 WLR 727.
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 $13 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.
A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a)
for a violation of s. 101.123 (2)
, for a financial responsibility violation under s. 344.62 (2)
, 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)
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.
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.
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)
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.
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.
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)
History: 1997 a. 27
; 1999 a. 9
; 1999 a. 150
; 2001 a. 16
; 2003 a. 30
; 2005 a. 25
; 2009 a. 12
; 2011 a. 260
Submission of human biological specimen. 165.76(1)(1)
A person shall provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis if he or she meets any of the following criteria:
Is or was 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)
, 948.02 (1)
, or 948.085
Is or was in prison on or after January 1, 2000, for a felony committed in this state.
Is or was found guilty of any misdemeanor on or after April 1, 2015.
Is or was found guilty on or after January 1, 2000, of any of the following: