SB169: Bill Text

1. A person sentenced to prison or a juvenile correctional facility must provide the DNA sample while in prison or the facility, as directed by the Department of Corrections (DOC). If the person does not provide the DNA sample while in prison or the facility, then he or she must provide the DNA sample as soon as practicable after release at a sheriff's office, except if directed otherwise by the person's supervising agent.

2. A person placed on probation by a court in this state must provide the DNA sample as soon as practicable after placement at the sheriff's office, except if directed otherwise by the person's supervising agent.

3. A person placed on parole or probation in this state from another state, if directed by DOC to provide a DNA sample, must provide the DNA sample, as soon as practicable after release at the office of the county sheriff, except if directed otherwise by the person's supervising agent.

4. A juvenile placed on supervision shall provide the DNA sample as soon as practicable after placement at the sheriff's office, except if directed otherwise by the agency providing supervision.

5. A person sentenced to jail or a county house of corrections must provide the DNA sample as directed by the sheriff as soon as practicable after sentencing; and if the person does not provide the biological specimen while in jail or the house of corrections, as soon as practicable after release at a sheriff's office.

6. A person committed to the Department of Health Services must provide the DNA sample as directed by that department.

7. If none of the above applies, the person must provide the DNA sample as soon as practicable after the obligation to provide a DNA sample arises at the sheriff's office, except if directed otherwise by the agency providing supervision or having custody of the person.

Under this bill, when a person is found delinquent or found not guilty by reason of mental disease or defect, sentenced, declared a sexual predator, or placed into custody or on probation for a crime that requires the person to submit a DNA sample, the court must place the person in the custody of the sheriff immediately after the sentencing or placement hearing for a time sufficient to provide the sample. The bill requires DOJ to promulgate rules for the collecting of samples by sheriffs.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB169, s. 1 Section 1. 51.20 (13) (cr) of the statutes is amended to read:

SB169,3,2 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, on or after the effective date of this paragraph .... [LRB inserts date], 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 place the person in the physical custody of the sheriff for a time sufficient for the person to provide a biological specimen. The sheriff shall collect the biological specimen and submit it to the state crime laboratories for deoxyribonucleic acid analysis as provided in rules promulgated under s. 165.76 (4).

SB169, s. 2 Section 2. 165.76 (2m) (intro.) of the statutes is amended to read:

SB169,3,7 165.76 (2m) (intro.) Unless Except as provided under ss. 51.20 (13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063, or as otherwise provided by rule under sub. (4), a person who is required to provide a biological specimen under sub. (1) shall provide the biological specimen at the following time and place:

SB169, s. 3 Section 3. 165.76 (3) of the statutes is amended to read:

SB169,3,14 165.76 (3) Notwithstanding sub. (1), if a county sheriff, the department of corrections, or the department of health services determines that a person who is required to submit provide a biological specimen under sub. (1) has submitted provided a biological specimen and that data obtained from analysis of the person's biological specimen is included in the data bank under s. 165.77 (3), the person is not required to submit provide another biological specimen.

SB169, s. 4 Section 4. 165.76 (4) of the statutes is amended to read:

SB169,3,19 165.76 (4) The department of justice may shall promulgate rules to implement this section for providing and collecting biological specimens and submitting specimens to the crime laboratories under this section and 51.20 (13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047, and 980.063.

SB169, s. 5 Section 5. 165.765 (1) of the statutes is amended to read:

SB169,3,24 165.765 (1) Whoever intentionally fails to comply with a requirement to submit provide a biological specimen as ordered under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB169, s. 6 Section 6. 165.765 (2) (a) of the statutes is amended to read:

SB169,4,6 165.765 (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 as ordered under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 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.

SB169, s. 7 Section 7. 938.34 (15) (a) 1. and 2. of the statutes are amended to read:

SB169,4,12 938.34 (15) (a) 1. If, on or after the effective date of this subdivision .... [LRB inserts date], 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.

SB169,4,17 2. Except as provided in subd. 1., if, on or after the effective date of this subdivision .... [LRB inserts date], 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.

SB169, s. 8 Section 8. 938.34 (15) (b) of the statutes is repealed.

SB169, s. 9 Section 9. 938.34 (15) (c) of the statutes is created to read:

SB169,4,25 938.34 (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).

SB169, s. 10 Section 10. 971.17 (1m) (a) of the statutes is amended to read:

SB169,5,8 971.17 (1m) (a) If, on or after the effective date of this paragraph .... [LRB inserts date], 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), 940.225 (3m), 944.20, or 948.10, the court shall require place the person in the physical custody of the sheriff for a time sufficient for the person to provide a biological specimen. The sheriff shall collect the biological specimen and submit it to the state crime laboratories for deoxyribonucleic acid analysis as provided in rules promulgated under s. 165.76 (4).

SB169, s. 11 Section 11. 973.047 (1f) of the statutes is amended to read:

SB169,5,20 973.047 (1f) If, on or after the effective date of this subsection .... [LRB inserts date], 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), 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 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).

SB169, s. 12 Section 12. 980.063 (1) (a) and (b) of the statutes are renumbered 980.063 (1) and (3) and amended to read:

SB169,6,3 980.063 (1) If, on or after the effective date of this subsection .... [LRB inserts date], a person is found to be a sexually violent person under this chapter, the court shall require place the person in the physical custody of the sheriff for a time sufficient for the person to provide a biological specimen . The sheriff shall collect the biological specimen and submit it to the state crime laboratories for deoxyribonucleic acid analysis as provided in rules promulgated under s. 165.76 (4).

SB169,6,6 (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).

SB169, s. 13 Section 13. Initial applicability.

SB169,6,9 (1) This act first applies to biological specimens provided on the effective date of this subsection.

SB169, s. 14 Section 14. Effective date.

SB169,6,12 (1) This act takes effect on the first day of the 13th month beginning after publication.

SB169,6,13 (End)