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LRBa2248/2
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2013 - 2014 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO SENATE BILL 373
March 20, 2014 - Offered by Representatives Knudson,
Bies and Craig.
SB373-AA2,1,3
21. Page 1, line 8: after the material inserted by senate amendment 4, insert
3"collection of deoxyribonucleic acid at arrest,".
SB373-AA2,1,118
165.76
(1) (gm) Is arrested for a
felony violent crime, as defined in s. 165.84 (7)
9(ab), or is taken into custody for a juvenile offense that would be a
felony violent
10crime, as defined in s. 165.84 (7) (ab), if committed by an adult in this state
, and s.
11165.84 (7) (am) 1., 2., 3., or 4. applies to the person.
SB373-AA2,2,6
1165.76
(4) (c) Allow a biological specimen, or data obtained from analysis of a
2biological specimen, obtained under this section
or, under s. 51.20 (13) (cr),
165.84
3(7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or
4980.063
, or, if the specimen is required to be analyzed under s. 165.84 (7) (am) 1m.,
5under s. 165.84 (7) (ah), to be submitted for inclusion in an index established under
642 USC 14132 (a) or in another national index system.
SB373-AA2,2,219
165.77
(3) If the laboratories receive a human biological specimen under s.
1051.20 (13) (cr), 165.76,
165.84 (7) (am), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02
11(8), 971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the
12deoxyribonucleic acid in the specimen.
If the laboratories receive a human biological
13specimen under s. 165.84 (7) (ah), the laboratories shall analyze the deoxyribonucleic
14acid in the specimen as provided under s. 165.84 (7) (am) 1m. The laboratories shall
15maintain a data bank based on data obtained from deoxyribonucleic acid analysis of
16those specimens. The laboratories may compare the data obtained from one
17specimen with the data obtained from other specimens. The laboratories may make
18data obtained from any analysis and comparison available to law enforcement
19agencies in connection with criminal or delinquency investigations and, upon
20request, to any prosecutor, defense attorney or subject of the data. The data may be
21used in criminal and delinquency actions and proceedings.
SB373-AA2,10re
22Section 10re. 165.77 (4) (ag) of the statutes is created to read:
SB373-AA2,2,2423
165.77
(4) (ag) In this subsection, "violent crime" has the meaning given in s.
24165.84 (7) (ab).
SB373-AA2,3,53
165.77
(4) (am) 2. a. All charges
filed in connection with the arrest and all
4charges for which the person was required to provide a biological specimen under s.
5165.84 (7) or 970.02 (8) have been dismissed.
SB373-AA2,3,138
165.77
(4) (am) 2. b. The trial court reached final disposition for all charges
in
9connection with the arrest and for any charges for which the person was required to
10provide a biological specimen under s.
165.84 (7) or 970.02 (8), and the person was
11not adjudged guilty of a
violent crime in connection with
the arrest or any
such 12charge
for which the person was required to provide a biological specimen under s.
13970.02 (8).
SB373-AA2,3,1716
165.77
(4) (am) 2. c. At least one year has passed since the arrest and the person
17has not been charged with a
violent crime in connection with the arrest.
SB373-AA2,3,2320
165.77
(4) (am) 2. d. The person was adjudged guilty of a
violent crime in
21connection with
either the arrest or any charge for which the person was required
22to provide a biological specimen under s.
165.84 (7) or 970.02 (8), and all such
23convictions
for a violent crime have been reversed, set aside, or vacated.
SB373-AA2,4,4
1165.77
(4) (am) 3. a. All criminal complaints or delinquency petitions that
2allege that the person committed a violation that would be a
felony violent crime if
3committed by an adult in this state and that are in connection with the taking into
4custody have been dismissed.
SB373-AA2,4,127
165.77
(4) (am) 3. b. The trial court reached final disposition for all allegations
8that the person committed a violation that would be a
felony violent crime if
9committed by an adult in this state that are in connection with the taking into
10custody
, and the person was not convicted or adjudged delinquent for
an offense a
11violation that would be a
felony violent crime if committed by an adult in this state
12that is in connection with the taking into custody.
SB373-AA2,4,1915
165.77
(4) (am) 3. c. At least one year has passed since the person was taken
16into custody and no criminal complaint or delinquency petition alleging that the
17person committed a violation that would be a
felony
violent crime if committed by an
18adult in this state has been filed against the person in connection with the taking into
19custody.
SB373-AA2,4,2522
165.77
(4) (am) 3. d. The person was convicted or adjudged delinquent for a
23violation that would be a
felony violent crime if committed by an adult in this state
24and that is in connection with the taking into custody
, and the conviction or
25delinquency adjudication has been reversed, set aside, or vacated.
SB373-AA2,5,123
165.84
(7) (ah) Subject to rules promulgated
by the department of justice under
4s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement
5agencies shall obtain, when the individual's fingerprints or other identifying data
6are obtained, a biological specimen for deoxyribonucleic acid analysis from each
7individual arrested for a
felony violent crime and each individual taken into custody
8for a juvenile offense that would be a
felony violent crime if committed by an adult
9in this state.
(b) Biological samples required under par. (a) shall be obtained and,
10if par. (am) requires, submitted as The law enforcement agency shall submit the
11biological specimen to the crime laboratories in a manner specified in
the rules
12promulgated by the department of justice under s. 165.76 (4).
SB373-AA2,10rt
13Section 10rt. 165.84 (7) (ab) of the statutes is created to read:
SB373-AA2,5,1414
165.84
(7) (ab) In this subsection, "violent crime" means any of the following:
SB373-AA2,5,1915
1. A felony violation of s. 940.01, 940.05, 940.21, 940.225 (1), (2), or (3), 940.235,
16940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.43, 940.45, 941.20,
17941.21, 941.327, 943.02, 943.06, 943.10, 943.23 (1g) or (2), 943.32, 948.02 (1) or (2),
18948.025, 948.03 (2) (a) or (c), 948.05, 948.051, 948.055, 948.07, 948.08, 948.085,
19948.095, or 948.30 (2).
SB373-AA2,5,2220
2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08, 940.09 (1c),
21940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20, 940.201 (2),
22940.203 (2), 940.205 (2), 940.207 (2), 940.208, 940.23, 941.30, or 948.03 (3).
SB373-AA2,5,2323
3. A felony if a penalty enhancer specified in s. 939.621 could be imposed.
SB373-AA2,5,2524
4. The solicitation, conspiracy, or attempt, under s. 939.30, 939.31, or 939.32,
25to commit a violation under subd. 1.
SB373-AA2,6,53
165.84
(7) (am) (intro.)
The person in charge of the law enforcement or tribal
4law enforcement agency shall submit the After receiving an individual's specimen
to 5submitted under par. (ah), the crime laboratories
for shall do one of the following:
SB373-AA2,6,10
61m. If, within the time limit under subd. 2m., the court notifies the crime
7laboratories under par. (bm) that any of the following applies, analyze the 8deoxyribonucleic acid
analysis in the specimen and
inclusion of include the
9individual's deoxyribonucleic acid profile in the data bank under s. 165.77 (3)
only
10if any of the following applies:
SB373-AA2,10rv
11Section 10rv. 165.84 (7) (am) 1., 2., 3. and 4. of the statutes, as created by
2013
12Wisconsin Act 20, are renumbered 165.84 (7) (am) 1m. a., b., c. and d., and 165.84 (7)
13(am) 1m. b., c. and d., as renumbered, are amended to read:
SB373-AA2,6,1614
165.84
(7) (am) 1m. b. The court has made a finding that there is probable cause
15that the individual committed a
felony violent crime or that the juvenile committed
16an offense that would be a
felony violent crime if committed by an adult in this state.
SB373-AA2,6,1817
c. The individual
fails failed to appear at the initial appearance or preliminary
18examination or the person
waives waived the preliminary examination.
SB373-AA2,6,2019
d. The individual
fails failed to appear for a delinquency proceeding under ch.
20938.
SB373-AA2,7,223
165.84
(7) (bm)
Unless par. (am) 1. applies to the individual, the The court shall
24notify the
agency crime laboratories if par. (am)
2., 3., or 4. 1m. a., b., c., or d. applies
1to an individual
the law enforcement or tribal law enforcement agency who has been 2arrested.
SB373-AA2,7,105
165.84
(7) (am) 2m.
Unless par. (am) 1. applies to the individual, if If, one year
6after the date the biological sample was
obtained
submitted under par.
(a) (ah), the
7court has not notified
the crime laboratories under
subd. 1. the law enforcement or
8tribal law enforcement agency par. (bm) that
par. (am) 2., 3., or 4. subd. 1m. a., b., c.,
9or d. applies to the individual,
the law enforcement or tribal law enforcement agency
10shall destroy the biological sample.
SB373-AA2,7,1413
165.84
(7) (c) 1. No biological specimen obtained under par.
(a) (ah) may be
14subject to analysis except by the crime laboratories as provided under s. 165.77.".
SB373-AA2,8,318
938.21
(1m) Biological specimen. If the juvenile has been taken into custody
19on the basis of a violation that would be a
felony
violent crime, as defined in s. 165.84
20(7) (ab), if committed by an adult in this state, the court shall determine if a biological
21specimen has been obtained from the juvenile under s. 165.84 (7), and if not, the court
22shall direct that a law enforcement agency or tribal law enforcement agency obtain
23a biological specimen from the juvenile and submit it to the state crime laboratories
24as specified in rules promulgated by the department of justice under s. 165.76 (4).
1If the court requires the juvenile to provide a specimen under this subsection or if a
2biological specimen has already been obtained from the juvenile, the court shall
3inform the juvenile that he or she may request expungement under s. 165.77 (4).
SB373-AA2,8,156
938.30
(2m) Biological specimen. If the juvenile is before the court on the basis
7of a violation that would be a
felony violent crime, as defined in s. 165.84 (7) (ab), if
8committed by an adult in this state, the court shall determine if a biological specimen
9has been obtained from the juvenile under s. 165.84 (7), and if not, the court shall
10direct that a law enforcement agency or tribal law enforcement agency obtain a
11biological specimen from the juvenile and submit it to the state crime laboratories
12as specified in rules promulgated by the department of justice under s. 165.76 (4).
13If the court requires the juvenile to provide a specimen under this subsection or if a
14biological specimen has already been obtained from the juvenile, the court shall
15inform the juvenile that he or she may request expungement under s. 165.77 (4).".
SB373-AA2,9,420
970.02
(8) If the offense charged is a
felony violent crime, as defined in s. 165.84
21(7) (ab), the judge shall determine if a biological specimen has been obtained from the
22defendant under s. 165.84 (7), and, if not, the judge shall direct that a law
23enforcement agency or tribal law enforcement agency obtain a biological specimen
24from the defendant and submit it to the state crime laboratories as specified in rules
1promulgated by the department of justice under s. 165.76 (4). If the judge requires
2the defendant to provide a specimen under this subsection or if a biological specimen
3has already been obtained from the defendant, the judge shall inform the defendant
4that he or she may request expungement under s. 165.77 (4).
SB373-AA2,9,86[
2013 Wisconsin Act 20] Section 9326 (1) (h) The treatment of section 973.047
7(1f) of the statutes first applies to
sentences imposed or probations placements made 8offenses committed on the effective date of this paragraph.
SB373-AA2,9,14
10(1v) DNA collection. The treatment of sections 165.76 (1) (gm) and (4) (c),
11165.77 (3) and (4) (ag) and (am) 2. a., b., c., and d. and 3. a., b., c., and d., 165.84 (7)
12(a), (ab), (am) (intro.), 1., 2., 3., and 4., (b), (bm) 1. and 2., and (c) 1., 938.21 (1m),
13938.30 (2m), and 970.02 (8) of the statutes first applies to individuals arrested or
14taken into custody on the effective date of this subsection.
SB373-AA2,28w
15Section 28w.
Effective dates. This act takes effect on the day after
16publication, except as follows:
SB373-AA2,9,21
17(1v) DNA collection. The treatment of sections 165.76 (1) (gm) and (4) (c),
18165.77 (3) and (4) (ag) and (am) 2. a., b., c., and d. and 3. a., b., c., and d., 165.84 (7)
19(a), (ab), (am) (intro.), 1., 2., 3., and 4., (b), (bm) 1. and 2., and (c) 1., 938.21 (1m),
20938.30 (2m), and 970.02 (8) of the statutes and
Section 28v (1v) of this act take effect
21on April 1, 2015, or on the day after publication, whichever is later.".