AB896: Bill Text

AB896, s. 1 Section 1. 51.20 (13) (cr) of the statutes is amended to read:

AB896,2,9 51.20 (13) (cr) If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085, the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis by the state crime laboratories. The individual shall provide the sample to the sheriff as provided in rules promulgated under s. 165.76 (4) and the sheriff shall submit the biological specimen to the state crime laboratories as provided in the rules.

AB896, s. 2 Section 2. 165.76 (3) of the statutes is amended to read:

AB896,3,3 165.76 (3) If a person is required to submit provide a biological specimen under s. 51.20 (13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, he or she shall comply with that requirement and is not required to comply with this section.

AB896, s. 3 Section 3. 165.76 (4) of the statutes is amended to read:

AB896,3,8 165.76 (4) The department of justice shall promulgate rules necessary to carry out its duties under this section and rules for providing and collecting biological specimens and submitting them to the crime laboratories under this section and ss. 51.20 (13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047, and 980.063.

AB896, s. 4 Section 4. 165.765 (1) of the statutes is amended to read:

AB896,3,12 165.765 (1) Whoever intentionally fails to comply with a requirement to submit provide 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.

AB896, s. 5 Section 5. 165.765 (2) (a) of the statutes is amended to read:

AB896,3,19 165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or, person acting under the direction of a physician, sheriff, or person acting under the direction of a sheriff 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.

AB896, s. 6 Section 6. 938.34 (15) (a) 1. and 2. of the statutes are amended to read:

AB896,3,24 938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a violation of s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2), the court shall require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis by the state crime laboratories.

AB896,4,4 2. Except as provided in subd. 1., if the juvenile is adjudicated delinquent on the basis of any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis by the state crime laboratories.

AB896, s. 7 Section 7. 938.34 (15) (b) of the statutes is repealed.

AB896, s. 8 Section 8. 938.34 (15) (c) of the statutes is created to read:

AB896,4,12 938.34 (15) (c) If a court requires a juvenile to provide a biological specimen under par. (a), the court shall, at the end of the hearing in which a disposition is imposed under this section, place the juvenile in the physical custody of the sheriff for a time sufficient for the juvenile to provide the biological specimen. The sheriff shall collect the biological specimen and submit it to the state crime laboratories as provided in rules promulgated by the department of justice under s. 165.76 (4).

AB896, s. 9 Section 9. 971.17 (1m) (a) of the statutes is amended to read:

AB896,4,20 971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis by the state crime laboratories. The person shall provide the sample to the sheriff as provided in rules promulgated under s. 165.76 (4) and the sheriff shall submit the biological specimen to the state crime laboratories as provided in the rules.

AB896, s. 10 Section 10. 973.047 (1f) of the statutes is amended to read:

AB896,5,5 973.047 (1f) If a court imposes a sentence or places a person on probation for a felony conviction or for a conviction for a violation of s. 940.225 (3m), 944.20, or 948.10, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis by the state crime laboratories. At the end of the hearing in which the sentence is imposed or the person is placed on probation, the court shall place the person in the physical custody of the sheriff for a time sufficient for the person to provide the biological specimen. The sheriff shall collect the biological specimen and submit it to the state crime laboratories as provided in rules promulgated by the department of justice under s. 165.76 (4).

AB896, s. 11 Section 11. 973.047 (2) of the statutes is repealed.

AB896, s. 12 Section 12. 980.063 (1) (a) and (b) of the statutes are renumbered 980.063 (1) and (3) and amended to read:

AB896,5,14 980.063 (1) If a person is found to be a sexually violent person under this chapter, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis by the state crime laboratories. The person shall provide the sample to the sheriff as provided in rules promulgated under s. 165.76 (4) and the sheriff shall submit the biological specimen to the state crime laboratories as provided in the rules.

AB896,5,17 (3) The results from deoxyribonucleic acid analysis of a specimen under par. (a) sub. (1) may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB896, s. 13 Section 13. 980.063 (2) of the statutes is repealed.

AB896, s. 14 Section 14. Initial applicability.

AB896,5,21 (1) This act first applies to biological specimens provided on the effective date of this subsection.

AB896, s. 15 Section 15. Effective date.

AB896,5,24 (1) This act takes effect on the first day of the 13th month beginning after publication.

AB896,5,25 (End)