AB584: Bill Text

AB584,7,20 d. The person was adjudged guilty of a crime in connection with the arrest or any charge for which the person was required to provide a biological specimen under s. 970.02 (8), and all such convictions have been reversed, set aside, or vacated.

AB584,7,23 3. If the person was required to provide a biological specimen under s. 165.84 (7) in connection with being taken into custody under s. 938.19, one of the following applies:

AB584,8,3 a. All criminal complaints or delinquency petitions alleging that the person violated s. 940.225, 946.52, 948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the taking into custody have been dismissed.

AB584,8,8 b. The trial court reached final disposition for all allegations of a violation of s. 940.225, 946.52, 948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the taking into custody and the person was not convicted or adjudged delinquent for a violation of s. 940.225, 946.52, 948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the taking into custody.

AB584,8,12 c. At least one year has passed since the person was taken into custody and no criminal complaint or delinquency petition alleging a violation of s. 940.225, 946.52, 948.02 (1) or (2), 948.025, or 948.085 (2) has been filed against the person in connection with the taking into custody.

AB584,8,16 d. The person was convicted or adjudged delinquent for a violation of s. 940.225, 946.52, 948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the taking into custody and the conviction or delinquency adjudication has been reversed, set aside, or vacated.

AB584, s. 20 Section 20. 165.84 (7) of the statutes is created to read:

AB584,9,2 165.84 (7) (a) Subject to rules promulgated under s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement agencies shall obtain a biological specimen for deoxyribonucleic acid analysis from each adult arrested for a felony or for an offense under s. 940.225 (3m), 944.20, 946.52, or 948.10 (1) (b) and each minor taken into custody for an offense under 940.225, 946.52, 948.02 (1) or (2), 948.025, or 948.085 (2). The person in charge of the law enforcement or tribal law enforcement agency shall submit the specimen to the crime laboratories for deoxyribonucleic acid analysis and inclusion of the adult or minor's deoxyribonucleic acid profile in the data bank under s. 165.77 (3).

AB584,9,4 (b) Biological samples required under par. (a) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB584,9,6 (c) Biological specimens obtained under this section may be used only as provided under s. 165.77.

AB584, s. 21 Section 21. 938.34 (15) (b) of the statutes is amended to read:

AB584,9,12 938.34 (15) (b) The department of justice shall promulgate rules providing procedures for juveniles to provide specimens Biological samples required under par. (a) and for the transportation of the specimens to the state crime laboratories under s. 165.77 shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB584, s. 22 Section 22. 970.02 (8) of the statutes is created to read:

AB584,9,19 970.02 (8) If the offense charged is a felony or an offense under s. 940.225 (3m), 944.20, 946.52, or 948.10 (1) (b), the judge shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB584, s. 23 Section 23. 971.17 (1m) (a) of the statutes is amended to read:

AB584,9,25 971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a felony or a violation of s. 165.765 (1), 2009 stats., or of s. 940.225 (3m), 944.20, 946.52, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. Biological specimens required under this paragraph shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB584, s. 24 Section 24. 973.047 (1f) of the statutes is amended to read:

AB584,10,8 973.047 (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. 165.765 (1), 2009 stats., or of s. 940.225 (3m), 944.20, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

AB584, s. 25 Section 25. 973.047 (2) of the statutes is amended to read:

AB584,10,15 973.047 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens when Biological samples required to do so under this section and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 sub. (1f) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB584, s. 26 Section 26. 980.063 (2) of the statutes is amended to read:

AB584,10,21 980.063 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens Biological samples required under sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 (a) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB584, s. 27 Section 27 . Nonstatutory provisions.

AB584,10,24 (1) Early submission of biological specimens for persons arrested or taken into custody.

AB584,11,7 (a) Beginning on the effective date of this paragraph, a law enforcement agency or a tribal law enforcement agency may obtain a biological specimen from an adult arrested for a felony or for a violation of section 165.765 (1), 940.225 (3m), 944.20, or 948.10 (1) (b) of the statutes or from a minor taken into custody for an offense under section 165.765 (1), 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) of the statutes, and submit the specimen to the state crime laboratories for deoxyribonucleic acid analysis.

AB584,11,12 (b) If a law enforcement or tribal law enforcement agency submits a biological specimen to the state crime laboratories under paragraph (a), the crime laboratories shall analyze the deoxyribonucleic acid in the biological specimen and include the deoxyribonucleic acid profile from the biological specimen in the data bank under section 165.77 (3) of the statutes.

AB584,11,13 (c) Paragraph (a) does not apply after the effective date of this paragraph.

AB584, s. 28 Section 28. Initial applicability.

AB584,11,16 (1) The treatment of section 165.84 (7) (a) of the statutes first applies to persons arrested or taken into custody on the effective date of this subsection.

AB584,11,18 (2) The treatment of section 970.02 (8) of the statutes first applies to initial appearances held on the effective date of this subsection.

AB584, s. 29 Section 29. Effective dates. This act takes effect on the first day of the 13th month beginning after publication, except as follows:

AB584,11,21 (1) Section 27 (1 ) (a) and (b) of this act takes effect on the day after publication.

AB584,11,22 (End)