2013 Wisconsin Act 20

1. Any felony or any.

2. Before the effective date of this subdivision .... [LRB inserts date], any violation of s. 165.765 (1), 2011 stats., 940.225 (3m), 944.20, or 948.10 (1) (b).

20,1909 Section 1909. 165.76 (1) (aw) of the statutes is created to read:

165.76 (1) (aw) Is or was found guilty on or after January 1, 2000, and before the effective date of this paragraph .... [LRB inserts date], of any violation of s. 940.225 (3m), 944.20, or 948.10.

20,1910 Section 1910. 165.76 (1) (b) of the statutes is renumbered 165.76 (1) (bm).

20,1911 Section 1911. 165.76 (1) (bg) of the statutes is created to read:

165.76 (1) (bg) Is or was sentenced or placed on probation on or after August 12, 1993, for a violation of s. 940.225, 948.02 (1) or (2), or 948.025.

20,1912 Section 1912. 165.76 (1) (br) of the statutes is amended to read:

165.76 (1) (br) Has been found not guilty or not responsible by reason of mental disease or defect on or after January 1, 2000, and committed under s. 51.20 or 971.17, for any felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 944.20, 946.52, or 948.10 (1) (b).

20,1913 Section 1913. 165.76 (1) (cr) of the statutes is amended to read:

165.76 (1) (cr) Is or was in institutional care on or after January 1, 2000, for a felony or any violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 944.20, 946.52, or 948.10 (1) (b).

20,1914 Section 1914. 165.76 (1) (g) of the statutes is amended to read:

165.76 (1) (g) Has been required by a court under s. 51.20 (13) (cr), 938.21 (1m), 938.30 (2m), 938.34 (15m) (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

20,1914d Section 1914d. 165.76 (1) (gm) of the statutes is created to read:

165.76 (1) (gm) Is arrested for a felony, or is taken into custody for a juvenile offense that would be a felony if committed by an adult in this state, and s. 165.84 (7) (am) 1., 2., 3., or 4. applies to the person.

20,1915 Section 1915. 165.76 (1m) of the statutes is amended to read:

165.76 (1m) If a person is required to provide a biological specimen under sub. (1) (a) to (g) (gm) and the department of justice does not have the data obtained from analysis of a biological specimen from the person that the department is required to maintain in the data bank under s. 165.77 (3), the department may require the person to provide a biological specimen, regardless of whether the person previously provided a biological specimen under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063. The department of justice, the department of corrections, a district attorney, or a county sheriff, shall notify any person whom the department of justice requires to provide a biological specimen under this subsection.

20,1916 Section 1916. 165.76 (2m) of the statutes is repealed.

20,1917 Section 1917. 165.76 (2r) of the statutes is amended to read:

165.76 (2r) Failure by a person who is required to provide a biological specimen under sub. (1) to provide the biological specimen at the time and place provided under sub. (2m) in accordance with the rules promulgated under sub. (4) does not relieve the person of the obligation to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

20,1918 Section 1918. 165.76 (3) of the statutes is repealed.

20,1919 Section 1919. 165.76 (4) of the statutes is renumbered 165.76 (4) (intro.) and amended to read:

165.76 (4) (intro.) The department of justice may shall promulgate rules to implement do all of the following:

(e) Carry out the department's duties under this section.

20,1920 Section 1920. 165.76 (4) (a), (b), (c) and (d) of the statutes are created to read:

165.76 (4) (a) Establish procedures and time limits for obtaining and submitting biological specimens under this section and ss. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, and 980.063.

(b) Specify whether an individual who is required under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 to provide a biological specimen for deoxyribonucleic acid analysis must provide a new biological specimen if the crime laboratories already have a biological specimen from the individual or if data obtained from deoxyribonucleic acid analysis of the individual's biological specimen are already included in the data bank under s. 165.77 (3).

(c) Allow a biological specimen, or data obtained from analysis of a biological specimen, obtained under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 to be submitted for inclusion in an index established under 42 USC 14132 (a) or in another national index system.

(d) Provide reimbursement from s. 20.455 (2) (Lm) to a person in charge of a law enforcement agency or tribal law enforcement agency at a rate of $10 per specimen except that, if the department already has a biological specimen, or data obtained from analysis of a biological specimen, from the individual, the department may not reimburse the person in charge of the agency.

20,1921 Section 1921. 165.765 (title) of the statutes is amended to read:

165.765 (title) Biological specimen; penalty force and immunity.

20,1922 Section 1922. 165.765 (1) of the statutes is renumbered 946.52 and amended to read:

946.52 Failure to submit biological specimen. Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 973.047, or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor.

20,1923 Section 1923. 165.765 (1g) and (1m) of the statutes are created to read:

165.765 (1g) In this section:

(a) "Correctional officer" has the meaning given in s. 301.28 (1).

(b) "Jail officer" has the meaning given in s. 165.85 (2) (bn).

(c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

(d) "Tribal officer" has the meaning given in s. 165.85 (2) (g).

(1m) A law enforcement officer; a jail officer; a tribal officer; a correctional officer; a probation, extended supervision, or parole officer; or an employee of the department of health services may use reasonable force to obtain a biological specimen from a person who intentionally refuses to provide a biological specimen that is required under s. 165.76 (1), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), or 970.02 (8).

20,1924 Section 1924. 165.765 (2) (a) of the statutes is renumbered 165.765 (2) (a) 1. and amended to read:

165.765 (2) (a) 1. Any physician, registered nurse, medical technologist, physician assistant, or person acting under the direction of a physician who obtains a biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 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.

20,1925 Section 1925. 165.765 (2) (b) of the statutes is renumbered 165.765 (2) (a) 2. and amended to read:

165.765 (2) (a) 2. Any employer of the physician, nurse, technologist, assistant, or person under par. (a) subd. 1. or any hospital where blood is withdrawn by that physician, nurse, technologist, assistant, or person has the same immunity from liability under par. (a) is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

20,1926 Section 1926. 165.765 (2) (bm) of the statutes is created to read:

165.765 (2) (bm) A law enforcement officer; a jail officer; a tribal officer; a correctional officer; a probation, extended supervision, or parole officer; or an employee of the department of health services, who is authorized to collect biological specimens, is immune from civil or criminal liability for collecting a biological specimen if the collection is in compliance with sub. (1m) and s. 165.76 and performed in good faith and in a reasonable manner.

20,1928 Section 1928. 165.77 (2) (a) 2. of the statutes is amended to read:

165.77 (2) (a) 2. The laboratories may compare the data obtained from the specimen with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney, or subject of the data. The data may be used in criminal and delinquency actions and proceedings. The laboratories shall not include data obtained from deoxyribonucleic acid analysis of those specimens received under this paragraph in the data bank under sub. (3). The laboratories shall destroy specimens obtained under this paragraph after analysis has been completed and the applicable court proceedings have concluded.

20,1929 Section 1929. 165.77 (2) (b) of the statutes is amended to read:

165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063.

20,1930 Section 1930. 165.77 (2m) (c) of the statutes is amended to read:

165.77 (2m) (c) Paragraph (b) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063.

20,1931 Section 1931. 165.77 (3) of the statutes is amended to read:

165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7) (am), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

20,1932 Section 1932. 165.77 (4) (intro.) of the statutes is renumbered 165.77 (4) (am) (intro.) and amended to read:

165.77 (4) (am) (intro.) A person whose deoxyribonucleic acid analysis data has have been included in the data bank under sub. (3) may request expungement on the grounds that his or her conviction or adjudication has been reversed, set aside or vacated. The all of the following conditions are satisfied:

(bm) If the department determines that the conditions under par. (am) are satisfied, the laboratories shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person if it receives all of the following: upon receiving the person's written request for expungement and any documentation the department requires under rules promulgated under sub. (8).

20,1933 Section 1933. 165.77 (4) (a) and (b) of the statutes are repealed.

20,1934 Section 1934. 165.77 (4) (am) 1., 2. and 3. of the statutes are created to read:

165.77 (4) (am) 1. If the person was required to submit a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063, all convictions, findings, or adjudications for which the person was required to submit a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063 have been reversed, set aside, or vacated.

2. If the person was required to provide a biological specimen under s. 165.84 (7) in connection with an arrest or under s. 970.02 (8), one of the following applies:

a. All charges filed in connection with the arrest and all charges for which the person was required to provide a biological specimen under s. 970.02 (8) have been dismissed.

b. The trial court reached final disposition for all charges in connection with the arrest and for any charges for which the person was required to provide a biological specimen under s. 970.02 (8), and the person was not 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).

c. At least one year has passed since the arrest and the person has not been charged with a crime in connection with the arrest.

d. The person was adjudged guilty of a crime in connection with either 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.

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 or under s. 938.21 (1m) or 938.30 (2m), one of the following applies:

a. All criminal complaints or delinquency petitions that allege that the person committed a violation that would be a felony if committed by an adult in this state and that are in connection with the taking into custody have been dismissed.

b. The trial court reached final disposition for all allegations that the person committed a violation that would be a felony if committed by an adult in this state that are in connection with the taking into custody and the person was not convicted or adjudged delinquent for an offense that would be a felony if committed by an adult in this state that is in connection with the taking into custody.

c. At least one year has passed since the person was taken into custody and no criminal complaint or delinquency petition alleging that the person committed a violation that would be a felony if committed by an adult in this state has been filed against the person in connection with the taking into custody.

d. The person was convicted or adjudged delinquent for a violation that would be a felony if committed by an adult in this state and that is in connection with the taking into custody and the conviction or delinquency adjudication has been reversed, set aside, or vacated.

20,1935 Section 1935. 165.77 (7m) of the statutes is created to read:

165.77 (7m) An entry in the data bank that is found to be erroneous does not prohibit the legitimate use of the entry to further a criminal investigation or prosecution. The failure of a law enforcement agency or the laboratories to comply with this section, s. 165.76, 165.765, or 165.84, or any rules or procedures adopted to administer those sections, is not grounds for challenging the validity of the data collection, for challenging the use of the sample as provided in those sections, or for the suppression of evidence based upon or derived from any entry in the data bank.

20,1936 Section 1936. 165.825 of the statutes is amended to read:

165.825 Information link; department of health services. The department of justice shall cooperate with the departments of safety and professional services and , health services, and financial institutions in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

20,1937 Section 1937. 165.84 (7) of the statutes is created to read:

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, when the individual's fingerprints or other identifying data are obtained, a biological specimen for deoxyribonucleic acid analysis from each individual arrested for a felony and each individual taken into custody for a juvenile offense that would be a felony if committed by an adult in this state.

(am) 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 individual's deoxyribonucleic acid profile in the data bank under s. 165.77 (3) only if any of the following applies:

1. The individual was arrested, or the juvenile was taken into custody, under a warrant.

2. The court has made a finding that there is probable cause that the individual committed a felony or that the juvenile committed an offense that would be a felony if committed by an adult in this state.

3. The individual fails to appear at the initial appearance or preliminary examination or the person waives the preliminary examination.

4. The individual fails to appear for a delinquency proceeding under ch. 938.

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

(bm) 1. Unless par. (am) 1. applies to the individual, the court shall notify the agency if par. (am) 2., 3., or 4. applies to an individual the law enforcement or tribal law enforcement agency arrested.

2. Unless par. (am) 1. applies to the individual, if, one year after the date the biological sample was obtained under par. (a), the court has not notified under subd. 1. the law enforcement or tribal law enforcement agency that par. (am) 2., 3., or 4. applies to the individual, the law enforcement or tribal law enforcement agency shall destroy the biological sample.

(c) 1. No biological specimen obtained under par. (a) may be subject to analysis except by the crime laboratories as provided under s. 165.77.

2. Biological specimens obtained under this section may be used only as provided under s. 165.77.

20,1938 Section 1938. 165.845 (title) of the statutes is created to read:

165.845 (title) Collect crime data.

20,1939 Section 1939. 165.845 (1) (intro.) of the statutes is created to read: