AB40-ASA1,1923 23Section 1923. 165.765 (1g) and (1m) of the statutes are created to read:
AB40-ASA1,1041,2424 165.765 (1g) In this section:
AB40-ASA1,1041,2525 (a) "Correctional officer" has the meaning given in s. 301.28 (1).
AB40-ASA1,1042,1
1(b) "Jail officer" has the meaning given in s. 165.85 (2) (bn).
AB40-ASA1,1042,22 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB40-ASA1,1042,33 (d) "Tribal officer" has the meaning given in s. 165.85 (2) (g).
AB40-ASA1,1042,9 4(1m) A law enforcement officer; a jail officer; a tribal officer; a correctional
5officer; a probation, extended supervision, or parole officer; or an employee of the
6department of health services may use reasonable force to obtain a biological
7specimen from a person who intentionally refuses to provide a biological specimen
8that is required under s. 165.76 (1), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15),
9or 970.02 (8).
AB40-ASA1,1924 10Section 1924. 165.765 (2) (a) of the statutes is renumbered 165.765 (2) (a) 1.
11and amended to read:
AB40-ASA1,1042,1712 165.765 (2) (a) 1. Any physician, registered nurse, medical technologist,
13physician assistant, or person acting under the direction of a physician who obtains
14a biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30
15(2m),
938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 is immune from any
16civil or criminal liability for the act, except for civil liability for negligence in the
17performance of the act.
AB40-ASA1,1925 18Section 1925. 165.765 (2) (b) of the statutes is renumbered 165.765 (2) (a) 2.
19and amended to read:
AB40-ASA1,1042,2420 165.765 (2) (a) 2. Any employer of the physician, nurse, technologist, assistant,
21or person under par. (a) subd. 1. or any hospital where blood is withdrawn by that
22physician, nurse, technologist, assistant, or person has the same immunity from
23liability under par. (a)
is immune from any civil or criminal liability for the act, except
24for civil liability for negligence in the performance of the act
.
AB40-ASA1,1926 25Section 1926. 165.765 (2) (bm) of the statutes is created to read:
AB40-ASA1,1043,6
1165.765 (2) (bm) A law enforcement officer; a jail officer; a tribal officer; a
2correctional officer; a probation, extended supervision, or parole officer; or an
3employee of the department of health services, who is authorized to collect biological
4specimens, is immune from civil or criminal liability for collecting a biological
5specimen if the collection is in compliance with sub. (1m) and s. 165.76 and performed
6in good faith and in a reasonable manner.
AB40-ASA1,1928 7Section 1928. 165.77 (2) (a) 2. of the statutes is amended to read:
AB40-ASA1,1043,178 165.77 (2) (a) 2. The laboratories may compare the data obtained from the
9specimen with data obtained from other specimens. The laboratories may make data
10obtained from any analysis and comparison available to law enforcement agencies
11in connection with criminal or delinquency investigations and, upon request, to any
12prosecutor, defense attorney, or subject of the data. The data may be used in criminal
13and delinquency actions and proceedings. The laboratories shall not include data
14obtained from deoxyribonucleic acid analysis of those specimens received under this
15paragraph in the data bank under sub. (3). The laboratories shall destroy specimens
16obtained under this paragraph after analysis has been completed and the applicable
17court proceedings have concluded.
AB40-ASA1,1929 18Section 1929. 165.77 (2) (b) of the statutes is amended to read:
AB40-ASA1,1043,2119 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20
20(13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17
21(1m) (a), 973.047, or 980.063.
AB40-ASA1,1930 22Section 1930. 165.77 (2m) (c) of the statutes is amended to read:
AB40-ASA1,1043,2523 165.77 (2m) (c) Paragraph (b) does not apply to specimens received under s.
2451.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8),
25971.17 (1m) (a), 973.047, or 980.063.
AB40-ASA1,1931
1Section 1931. 165.77 (3) of the statutes is amended to read:
AB40-ASA1,1044,142 165.77 (3) If the laboratories receive a human biological specimen under s.
351.20 (13) (cr), 165.76, 165.84 (7) (am), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02
4(8),
971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the
5deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank
6based on data obtained from deoxyribonucleic acid analysis of those specimens. The
7laboratories may compare the data obtained from one specimen with the data
8obtained from other specimens. The laboratories may make data obtained from any
9analysis and comparison available to law enforcement agencies in connection with
10criminal or delinquency investigations and, upon request, to any prosecutor, defense
11attorney or subject of the data. The data may be used in criminal and delinquency
12actions and proceedings. The laboratories shall destroy specimens obtained under
13this subsection after analysis has been completed and the applicable court
14proceedings have concluded.
AB40-ASA1,1932 15Section 1932. 165.77 (4) (intro.) of the statutes is renumbered 165.77 (4) (am)
16(intro.) and amended to read:
AB40-ASA1,1044,2017 165.77 (4) (am) (intro.) A person whose deoxyribonucleic acid analysis data has
18have been included in the data bank under sub. (3) may request expungement on the
19grounds that his or her conviction or adjudication has been reversed, set aside or
20vacated. The
all of the following conditions are satisfied:
AB40-ASA1,1045,2 21(bm) If the department determines that the conditions under par. (am) are
22satisfied, the
laboratories shall purge all records and identifiable information in the
23data bank pertaining to the person and destroy all samples from the person if it
24receives all of the following:
upon receiving the person's written request for

1expungement and any documentation the department requires under rules
2promulgated under sub. (8).
AB40-ASA1,1933 3Section 1933. 165.77 (4) (a) and (b) of the statutes are repealed.
AB40-ASA1,1934 4Section 1934. 165.77 (4) (am) 1., 2. and 3. of the statutes are created to read:
AB40-ASA1,1045,95 165.77 (4) (am) 1. If the person was required to submit a biological specimen
6under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063, all
7convictions, findings, or adjudications for which the person was required to submit
8a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a),
9973.047, or 980.063 have been reversed, set aside, or vacated.
AB40-ASA1,1045,1110 2. If the person was required to provide a biological specimen under s. 165.84
11(7) in connection with an arrest or under s. 970.02 (8), one of the following applies:
AB40-ASA1,1045,1412 a. All charges filed in connection with the arrest and all charges for which the
13person was required to provide a biological specimen under s. 970.02 (8) have been
14dismissed.
AB40-ASA1,1045,1915 b. The trial court reached final disposition for all charges in connection with
16the arrest and for any charges for which the person was required to provide a
17biological specimen under s. 970.02 (8), and the person was not adjudged guilty of a
18crime in connection with the arrest or any charge for which the person was required
19to provide a biological specimen under s. 970.02 (8).
AB40-ASA1,1045,2120 c. At least one year has passed since the arrest and the person has not been
21charged with a crime in connection with the arrest.
AB40-ASA1,1045,2522 d. The person was adjudged guilty of a crime in connection with either the
23arrest or any charge for which the person was required to provide a biological
24specimen under s. 970.02 (8), and all such convictions have been reversed, set aside,
25or vacated.
AB40-ASA1,1046,3
13. If the person was required to provide a biological specimen under s. 165.84
2(7) in connection with being taken into custody under s. 938.19 or under s. 938.21
3(1m) or 938.30 (2m), one of the following applies:
AB40-ASA1,1046,64 a. All criminal complaints or delinquency petitions that allege that the person
5committed a violation that would be a felony if committed by an adult in this state
6and that are in connection with the taking into custody have been dismissed.
AB40-ASA1,1046,117 b. The trial court reached final disposition for all allegations that the person
8committed a violation that would be a felony if committed by an adult in this state
9that are in connection with the taking into custody and the person was not convicted
10or adjudged delinquent for an offense that would be a felony if committed by an adult
11in this state that is in connection with the taking into custody.
AB40-ASA1,1046,1512 c. At least one year has passed since the person was taken into custody and no
13criminal complaint or delinquency petition alleging that the person committed a
14violation that would be a felony if committed by an adult in this state has been filed
15against the person in connection with the taking into custody.
AB40-ASA1,1046,1916 d. The person was convicted or adjudged delinquent for a violation that would
17be a felony if committed by an adult in this state and that is in connection with the
18taking into custody and the conviction or delinquency adjudication has been
19reversed, set aside, or vacated.
AB40-ASA1,1935 20Section 1935. 165.77 (7m) of the statutes is created to read:
AB40-ASA1,1047,221 165.77 (7m) An entry in the data bank that is found to be erroneous does not
22prohibit the legitimate use of the entry to further a criminal investigation or
23prosecution. The failure of a law enforcement agency or the laboratories to comply
24with s. 165.76, 165.765, 165.77, or 165.84, or any rules or procedures adopted to
25administer those sections, is not grounds for challenging the validity of the data

1collection, for challenging the use of the sample as provided in those sections, or for
2the suppression of evidence based upon or derived from any entry in the data bank.
AB40-ASA1,1936 3Section 1936. 165.825 of the statutes is amended to read:
AB40-ASA1,1047,8 4165.825 Information link; department of health services. The
5department of justice shall cooperate with the departments of safety and
6professional services and, health services , and financial institutions in developing
7and maintaining a computer linkup to provide access to the information obtained
8from a criminal history search.
AB40-ASA1,1937 9Section 1937. 165.84 (7) of the statutes is created to read:
AB40-ASA1,1047,1510 165.84 (7) (a) Subject to rules promulgated under s. 165.76 (4), all persons in
11charge of law enforcement and tribal law enforcement agencies shall obtain, when
12the individual's fingerprints or other identifying data are obtained, a biological
13specimen for deoxyribonucleic acid analysis from each individual arrested for a
14felony and each individual taken into custody for a juvenile offense that would be a
15felony if committed by an adult in this state.
AB40-ASA1,1047,1916 (am) The person in charge of the law enforcement or tribal law enforcement
17agency shall submit the specimen to the crime laboratories for deoxyribonucleic acid
18analysis and inclusion of the individual's deoxyribonucleic acid profile in the data
19bank under s. 165.77 (3) only if any of the following applies:
AB40-ASA1,1047,2120 1. The individual was arrested, or the juvenile was taken into custody, under
21a warrant.
AB40-ASA1,1047,2422 2. The court has made a finding that there is probable cause that the individual
23committed a felony or that the juvenile committed an offense that would be a felony
24if committed by an adult in this state.
AB40-ASA1,1048,2
13. The individual fails to appear at the initial appearance or preliminary
2examination or the person waives the preliminary examination.
AB40-ASA1,1048,33 4. The individual fails to appear for a delinquency proceeding under ch. 938.
AB40-ASA1,1048,64 (b) Biological samples required under par. (a) shall be obtained and, if par. (am)
5requires, submitted as specified in rules promulgated by the department of justice
6under s. 165.76 (4).
AB40-ASA1,1048,97 (bm) 1. Unless par. (am) 1. applies to the individual, the court shall notify the
8agency if par. (am) 2., 3., or 4. applies to an individual the law enforcement or tribal
9law enforcement agency arrested.
AB40-ASA1,1048,1410 2. Unless par. (am) 1. applies to the individual, if, one year after the date the
11biological sample was obtained under par. (a), the court has not notified under subd.
121. the law enforcement or tribal law enforcement agency that par. (am) 2., 3., or 4.
13applies to the individual, the law enforcement or tribal law enforcement agency shall
14destroy the biological sample.
AB40-ASA1,1048,1615 (c) 1. No biological specimen obtained under par. (a) may be subject to analysis
16except by the crime laboratories as provided under s. 165.77.
AB40-ASA1,1048,1817 2. Biological specimens obtained under this section may be used only as
18provided under s. 165.77.
AB40-ASA1,1938 19Section 1938. 165.845 (title) of the statutes is created to read:
AB40-ASA1,1048,20 20165.845 (title) Collect crime data.
AB40-ASA1,1939 21Section 1939. 165.845 (1) (intro.) of the statutes is created to read:
AB40-ASA1,1048,2222 165.845 (1) (intro.) The department of justice shall:
AB40-ASA1,1941 23Section 1941. 165.91 (4) of the statutes is repealed.
AB40-ASA1,1942 24Section 1942. 165.93 (2) (a) of the statutes is amended to read:
AB40-ASA1,1049,3
1165.93 (2) (a) Beginning on January 1, 1995, the The department shall provide
2grants to eligible organizations from the appropriation appropriations under s.
320.455 (5) (gc) (e) and (gj) to provide services for sexual assault victims.
AB40-ASA1,1942m 4Section 1942m. 165.94 of the statutes is created to read:
AB40-ASA1,1049,8 5165.94 Global positioning system pilot programs; grants. (1) From the
6appropriation under s. 20.455 (5) (br), the department of justice shall provide grants
7to counties to establish a global positioning system tracking program for persons who
8are subject to a temporary restraining order or injunction under s. 813.12 or 813.125.
AB40-ASA1,1049,10 9(2) A grant recipient under this section shall provide matching funds equal to
1050 percent of the grant amount awarded.
AB40-ASA1,1049,12 11(3) Two or more counties may jointly establish and administer a program and
12apply for and receive a grant under this section.
AB40-ASA1,1944 13Section 1944. 165.95 (title) of the statutes is created to read:
AB40-ASA1,1049,14 14165.95 (title) Alternatives to incarceration; grant program.
AB40-ASA1,1944m 15Section 1944m. 165.955 of the statutes is created to read:
AB40-ASA1,1049,19 16165.955 Drug court; grant program. (1) In this section, "drug court" means
17a court that diverts a substance-abusing person from prison or jail into treatment
18by increasing direct supervision of the person, coordinating public resources,
19providing intensive community-based treatment, and expediting case processing.
AB40-ASA1,1049,22 20(2) From the appropriation under s. 20.455 (2) (eg), the department of justice
21shall provide, to counties that have not established a drug court, grants to establish
22and operate drug courts.
AB40-ASA1,1945 23Section 1945. 165.984 of the statutes is repealed.
AB40-ASA1,1946 24Section 1946. 165.986 (title) of the statutes is created to read:
AB40-ASA1,1049,25 25165.986 (title) Beat patrol officers; grant program.
AB40-ASA1,1947
1Section 1947. 165.987 (title) of the statutes is created to read:
AB40-ASA1,1050,2 2165.987 (title) Youth diversion programs; grant program.
AB40-ASA1,1948 3Section 1948. 167.35 (1) (f) 4. of the statutes is created to read:
AB40-ASA1,1050,84 167.35 (1) (f) 4. Any person who owns an automated roll-your-own machine
5that is used to make cigarettes, not including an individual who owns a
6roll-your-own machine and uses the machine in his or her home solely to make
7cigarettes for his or her personal use or for the use of other individuals who live in
8his or her home.
AB40-ASA1,1949 9Section 1949. Chapter 168 (title) of the statutes is repealed and recreated to
10read:
AB40-ASA1,1050,1111 CHAPTER 168
AB40-ASA1,1050,1312 petroleum products
13 and dangerous substances
AB40-ASA1,1950 14Section 1950. Subchapter I (title) of chapter 168 [precedes 168.01] of the
15statutes is created to read:
AB40-ASA1,1050,1616 CHAPTER 168
AB40-ASA1,1050,1717 SUBCHAPTER I
AB40-ASA1,1050,1818 Petroleum product inspections
AB40-ASA1,1951 19Section 1951. 168.01 (intro.) of the statutes is amended to read:
AB40-ASA1,1050,20 20168.01 Definitions. (intro.) In this chapter subchapter:
AB40-ASA1,1952 21Section 1952. 168.01 (1) of the statutes is amended to read:
AB40-ASA1,1050,2322 168.01 (1) "Department" means the department of safety and professional
23services
agriculture, trade and consumer protection.
AB40-ASA1,1953 24Section 1953. 168.01 (2) of the statutes is renumbered 168.01 (4).
AB40-ASA1,1954 25Section 1954. 168.02 (title) of the statutes is repealed.
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