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:
165.845 (1) (intro.) The department of justice shall:
20,1941
Section
1941. 165.91 (4) of the statutes is repealed.
20,1942
Section
1942. 165.93 (2) (a) of the statutes is amended to read:
165.93 (2) (a) Beginning on January 1, 1995, the The department shall provide grants to eligible organizations from the appropriation appropriations under s. 20.455 (5) (gc) (e) and (gj) to provide services for sexual assault victims.
20,1942m
Section 1942m. 165.94 of the statutes is created to read:
165.94 Global positioning system pilot programs; grants. (1) From the appropriation under s. 20.455 (5) (br), the department of justice shall provide grants to counties to establish a global positioning system tracking program for persons who are subject to a temporary restraining order or injunction under s. 813.12 or 813.125.
(2) A grant recipient under this section shall provide matching funds equal to 50 percent of the grant amount awarded.
(3) Two or more counties may jointly establish and administer a program and apply for and receive a grant under this section.
20,1944
Section
1944. 165.95 (title) of the statutes is created to read:
165.95 (title) Alternatives to incarceration; grant program.
20,1944m
Section 1944m. 165.955 of the statutes is created to read:
165.955 Drug court; grant program. (1) In this section, "drug court" means a court that diverts a substance-abusing person from prison or jail into treatment by increasing direct supervision of the person, coordinating public resources, providing intensive community-based treatment, and expediting case processing.
(2) From the appropriation under s. 20.455 (2) (eg), the department of justice shall provide, to counties that have not established a drug court, grants to establish and operate drug courts.
20,1945
Section
1945. 165.984 of the statutes is repealed.
20,1946
Section
1946. 165.986 (title) of the statutes is created to read:
165.986 (title) Beat patrol officers; grant program.
20,1947
Section
1947. 165.987 (title) of the statutes is created to read:
165.987 (title) Youth diversion programs; grant program.
20,1948
Section
1948. 167.35 (1) (f) 4. of the statutes is created to read:
167.35 (1) (f) 4. Any person who owns an automated roll-your-own machine that is used to make cigarettes, not including an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.
20,1949
Section
1949. Chapter 168 (title) of the statutes is repealed and recreated to read:
CHAPTER 168
petroleum products
and dangerous substances
20,1950
Section
1950. Subchapter I (title) of chapter 168 [precedes 168.01] of the statutes is created to read:
CHAPTER 168
SUBCHAPTER I
Petroleum product inspections
20,1951
Section
1951. 168.01 (intro.) of the statutes is amended to read:
168.01 Definitions. (intro.) In this
chapter subchapter:
20,1952
Section
1952. 168.01 (1) of the statutes is amended to read:
168.01 (1) "Department" means the department of safety and professional services agriculture, trade and consumer protection.
20,1953
Section
1953. 168.01 (2) of the statutes is renumbered 168.01 (4).
20,1954
Section
1954. 168.02 (title) of the statutes is repealed.
20,1955
Section
1955. 168.02 of the statutes is renumbered 168.01 (2).
20,1956
Section
1956. 168.03 (title) of the statutes is repealed.
20,1957
Section
1957. 168.03 of the statutes is renumbered 168.01 (3).
20,1958
Section
1958. 168.05 (1) of the statutes is amended to read:
168.05 (1) No petroleum product imported into and received in this state or received from a manufacturer or refiner or from a marine or pipeline terminal within this state may be unloaded from its original container except as provided under sub. (5), sold, offered for sale or used until a true sample of not less than 8 ounces is taken as provided in this chapter subchapter. This subsection does not apply if the department has previously inspected the petroleum product at the refinery, marine or pipeline terminal. Each person importing or receiving a petroleum product which has not been previously inspected shall notify the inspector in the person's district of the receipt thereof, and the inspector shall take a sample of the petroleum product.
20,1959
Section
1959. 168.06 (1) of the statutes is amended to read:
168.06 (1) For the purposes of administering this chapter subchapter, inspectors may take samples of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates for tests and make inspections at any points within or without this state, and may open any original container containing gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates and take a true sample of not less than 8 ounces of the contents thereof, even though the original containers may still be in the possession of a common or contract carrier, provided the opening and sampling does not unduly inconvenience or hamper the transportation of the products. After the original containers are opened and sampled the same shall be resealed with seals furnished by the department for such purposes. The authority conferred by this section shall be in addition to, and not in limitation of, any of the provisions of s. 168.05.
20,1960
Section
1960. 168.08 (1) of the statutes is amended to read:
168.08 (1) Time and place of each inspection.
20,1961
Section
1961. 168.09 of the statutes is amended to read:
168.09 Authority to enter. Any inspector may enter in or upon the premises of any manufacturer, vendor, dealer or user of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, during regular business hours to determine whether any petroleum product intended for sale or use has not been sampled and inspected in accordance with this chapter subchapter.
20,1961n
Section 1961n. 168.12 (6) (c) of the statutes is amended to read:
168.12 (6) (c) The department of revenue shall investigate the correctness and veracity of the representations in the claim and may require a claimant to submit records to substantiate the claim. The department of revenue shall either allow or deny a claim under this subsection not later than 60 days after the filing of the claim. If the department of revenue allows the claim, it shall pay the claimant the amount allowed from the moneys appropriated under s. 20.855 (4) (r). If the department of revenue does not pay the allowance by the 90th day after the date on which the purchaser files the claim, the department of revenue shall also pay interest on the unpaid claim beginning on that day, at the rate of 9% 3 percent per year, from the moneys appropriated under s. 20.855 (4) (r).
20,1962
Section
1962. 168.125 of the statutes is amended to read:
168.125 Reports; payment. Persons who are liable for the fee under this chapter subchapter shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter subchapter.
20,1963
Section
1963. 168.15 of the statutes is amended to read:
168.15 Penalty. Every person who violates any provision of this chapter subchapter that is not related to the fee under s. 168.12 (1) shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this chapter
subchapter is a separate violation.
20,1964
Section
1964. 168.16 (1) of the statutes is amended to read:
168.16 (1) The department shall enforce this chapter subchapter. Inspection districts shall be defined and numbered by the department.
20,1965
Section
1965. 168.16 (2) of the statutes is amended to read:
168.16 (2) Any accident or explosion involving products of petroleum which comes to the knowledge of the department shall be investigated to determine whether or not there has been a violation of this chapter subchapter.
20,1966
Section
1966. 168.16 (4) of the statutes is amended to read:
168.16 (4) The department may promulgate reasonable rules relating to the administration and enforcement of this chapter subchapter.
20,1967
Section
1967. 168.17 of the statutes is amended to read:
168.17 Attorney general and district attorney to prosecute. Upon request of the department, the attorney general or proper district attorney shall prosecute any action to enforce this chapter subchapter except the fee that is imposed under s. 168.12 (1).
20,1968
Section
1968. 168.18 of the statutes is repealed.
20,1969
Section
1969. Subchapter II (title) of chapter 168 [precedes 168.21] of the statutes is created to read:
CHAPTER 168
SUBCHAPTER II
Storage of dangerous substances
20,1970
Section
1970. 168.21 (2) of the statutes is created to read:
168.21 (2) "Department" means the department of agriculture, trade and consumer protection.
