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.
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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.
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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).
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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).".
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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.".