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4. The statement was made spontaneously and not in response to a question
16by a law enforcement officer or agent of a law enforcement agency.
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5. Exigent public safety circumstances existed that prevented the making of
18an audio or audio and visual recording or rendered the making of such a recording
19infeasible.
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6. The law enforcement officer conducting the interrogation or the law
21enforcement officer responsible for observing an interrogation conducted by an agent
22of a law enforcement agency reasonably believed at the time of the interrogation that
23the offense for which the person was taken into custody or for which the person was
24being investigated, was not a felony.
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1(b) If a statement made by a defendant during a custodial interrogation is
2admitted into evidence in a proceeding heard by the court without a jury in a felony
3case and if an audio or audio and visual recording of the interrogation is not
4available, the court may consider the absence of an audio or audio and visual
5recording of the interrogation in evaluating the evidence in the case unless the court
6determines that one of the conditions under par. (a) 1. to 6 applies.
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7(4) Notwithstanding ss. 968.28 to 968.37, a defendant's lack of consent to
8having an audio or audio and visual recording made of a custodial interrogation does
9not affect the admissibility in evidence of an audio or audio and visual recording of
10a statement made by the defendant during the interrogation.
SB315,21,13
11(5) An audio or audio and visual recording of a custodial interrogation shall not
12be open to public inspection under ss. 19.31 to 19.39 before one of the following
13occurs:
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(a) The person interrogated is convicted or acquitted of an offense that is a
15subject of the interrogation.
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(b) All criminal investigations and prosecutions to which the interrogation
17relates are concluded.
SB315, s. 41
18Section
41. 974.07 (8) of the statutes is amended to read:
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974.07
(8) The court may impose reasonable conditions on any testing ordered
20under this section in order to protect the integrity of the evidence and the testing
21process. If appropriate
and if stipulated to by the movant and the district attorney,
22the court may order the state crime laboratories to perform the testing as provided
23under s. 165.77 (2m)
or, after consulting with the movant and the district attorney,
24may order that the material be sent to a facility other than the state crime
25laboratories for testing. If ordered to perform testing under this section, the crime
1laboratories may, subject to the approval of the movant and the district attorney,
2arrange for another facility to perform the testing.
SB315, s. 42
3Section
42. 974.07 (12) (c) of the statutes is created to read:
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974.07
(12) (c) The state crime laboratories shall pay for testing ordered under
5this section and performed by a facility other than the state crime laboratories if the
6court does not order the movant to pay for the testing.
SB315, s. 43
7Section
43. 978.08 (2) of the statutes is amended to read:
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978.08
(2) Except as provided in sub. (3), if physical evidence that is in the
9possession of a district attorney includes any biological material that was collected
10in connection with a criminal investigation that resulted in a criminal conviction,
11delinquency adjudication, or commitment under s. 971.17 or 980.06
and the
12biological material is from a victim of the offense that was the subject of the criminal
13investigation or may reasonably be used to incriminate or exculpate any person for
14the offense, the district attorney shall preserve the physical evidence until every
15person in custody as a result of the conviction, adjudication, or commitment has
16reached his or her discharge date.
SB315, s. 44
17Section
44. 978.08 (2m) of the statutes is created to read:
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978.08
(2m) A district attorney shall retain evidence to which sub. (2) applies
19in an amount and manner sufficient to develop a deoxyribonucleic acid profile, as
20defined in s. 939.74 (2d) (a), from the biological material contained in or included on
21the evidence.
SB315, s. 45
22Section
45. 978.08 (3) (intro.) of the statutes is amended to read:
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978.08
(3) (intro.) Subject to sub. (5), a district attorney may destroy
evidence
24that includes biological material before the expiration of the time period specified in
25sub. (2) if all of the following apply:
SB315, s. 46
1Section
46. 978.08 (3) (a) of the statutes is amended to read:
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978.08
(3) (a) The district attorney sends a notice of its intent to destroy the
3biological material evidence to all persons who remain in custody as a result of the
4criminal conviction, delinquency adjudication, or commitment and to either the
5attorney of record for each person in custody or the state public defender.
SB315, s. 47
6Section
47. 978.08 (3) (b) 1. and 2. of the statutes are amended to read:
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978.08
(3) (b) 1. Files a motion for testing of the
biological material evidence 8under s. 974.07 (2).
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2. Submits a written request
to preserve the biological material for retention
10of the evidence to the district attorney.
SB315, s. 48
11Section
48. 978.08 (3) (c) of the statutes is amended to read:
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978.08
(3) (c) No other provision of federal or state law requires the district
13attorney to
preserve retain the
biological material evidence.
SB315, s. 49
14Section
49. 978.08 (4) of the statutes is amended to read:
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978.08
(4) A notice provided under sub. (3) (a) shall clearly inform the recipient
16that the
biological material evidence will be destroyed unless, within 90 days after
17the date on which the person receives the notice, either a motion for testing of the
18material evidence is filed under s. 974.07 (2) or a written request
to preserve for
19retention of the
material evidence is submitted to the district attorney.
SB315, s. 50
20Section
50. 978.08 (5) of the statutes is amended to read:
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978.08
(5) If, after providing notice under sub. (3) (a) of its intent to destroy
22biological material evidence, a district attorney receives a written request
to 23preserve for retention of the
material evidence, the district attorney shall
preserve 24retain the
material evidence until the discharge date of the person who made the
25request or on whose behalf the request was made, subject to a court order issued
1under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or
2transfer of the
biological material evidence under s. 974.07 (9) (b) or (10) (a) 5.
SB315,24,74
(1)
Recording Interrogations of juveniles. The treatment of sections 938.195
5and 938.31 (3) of the statutes first applies to custodial interrogations, as defined in
6section 968.073 (1) (a) of the statutes, as created by this act, conducted on the
7effective date of this subsection.
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(2)
Recording interrogations of adults. The treatment of sections 968.073
9and 972.115 of the statutes first applies to custodial interrogations, as defined in
10section 968.073 (1) (a) of the statutes, as created by this act, conducted on January
111, 2007.
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(3)
Penalty surcharge increase. The treatment of section 757.05 (1) (a) of the
13statutes first applies to acts or omissions committed on the effective date of this
14subsection.
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(4)
Time limits for prosecuting crimes related to sexual assaults. The
16treatment of section 939.74 (2d) (am), (b), and (c) of the statutes first applies to
17offenses that are not barred from prosecution on the effective date of this subsection.
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(1)
Eyewitness identification procedures. The treatment of section 175.50 of
20the statutes takes effect on the first day of the 12th month beginning after
21publication.