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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-AA2,1,11 At the locations indicated, amend the bill as follows:
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-AA2,1,5 42. Page 5, line 22: after that line, delete the material inserted by senate
5amendment 4 and substitute:
SB373-AA2,1,7 6" Section 10rb. 165.76 (1) (gm) of the statutes, as created by 2013 Wisconsin
7Act 20
, is amended to read:
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-AA2,10rc 12Section 10rc. 165.76 (4) (c) of the statutes, as created by 2013 Wisconsin Act
1320
, is amended to read:
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-AA2,10rd 7Section 10rd. 165.77 (3) of the statutes, as affected by 2013 Wisconsin Act 20,
8is amended to read:
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-AA2,10rf
1Section 10rf. 165.77 (4) (am) 2. a. of the statutes, as created by 2013 Wisconsin
2Act 20
, is amended to read:
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-AA2,10rg 6Section 10rg. 165.77 (4) (am) 2. b. of the statutes, as created by 2013
7Wisconsin Act 20
, is amended to read:
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-AA2,10rh 14Section 10rh. 165.77 (4) (am) 2. c. of the statutes, as created by 2013 Wisconsin
15Act 20
, is amended to read:
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-AA2,10ri 18Section 10ri. 165.77 (4) (am) 2. d. of the statutes, as created by 2013 Wisconsin
19Act 20
, is amended to read:
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-AA2,10rk 24Section 10rk. 165.77 (4) (am) 3. a. of the statutes, as created by 2013
25Wisconsin Act 20
, is amended to read:
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-AA2,10rm 5Section 10rm. 165.77 (4) (am) 3. b. of the statutes, as created by 2013
6Wisconsin Act 20
, is amended to read:
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-AA2,10ro 13Section 10ro. 165.77 (4) (am) 3. c. of the statutes, as created by 2013 Wisconsin
14Act 20
, is amended to read:
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-AA2,10rr 20Section 10rr. 165.77 (4) (am) 3. d. of the statutes, as created by 2013 Wisconsin
21Act 20
, is amended to read:
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-AA2,10rs
1Section 10rs. 165.84 (7) (a) and (b) of the statutes, as created by 2013
2Wisconsin Act 20
, are consolidated, renumbered 165.84 (7) (ah) and amended to read:
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-AA2,10ru
1Section 10ru. 165.84 (7) (am) (intro.) of the statutes, as created by 2013
2Wisconsin Act 20
, is amended to read:
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-AA2,10rx 21Section 10rx. 165.84 (7) (bm) 1. of the statutes, as created by 2013 Wisconsin
22Act 20
, is renumbered 165.84 (7) (bm) and amended to read:
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-AA2,10ry 3Section 10ry. 165.84 (7) (bm) 2. of the statutes, as created by 2013 Wisconsin
4Act 20
, is renumbered 165.84 (7) (am) 2m. and amended to read:
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-AA2,10rz 11Section 10rz. 165.84 (7) (c) 1. of the statutes, as created by 2013 Wisconsin Act
1220
, is amended to read:
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-AA2,7,15 153. Page 17, line 20: after that line insert:
SB373-AA2,7,17 16" Section 27rb. 938.21 (1m) of the statutes, as created by 2013 Wisconsin Act
1720
, is amended to read:
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-AA2,27rg 4Section 27rg. 938.30 (2m) of the statutes, as created by 2013 Wisconsin Act
520
, is amended to read:
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-AA2,8,17 164. Page 18, line 2: after that line, delete the material inserted by senate
17amendment 4 and substitute:
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