2013 - 2014 LEGISLATURE
SENATE AMENDMENT 4,
TO SENATE BILL 373
March 11, 2014 - Offered by Senators Harsdorf and Petrowski.
21. Page 1, line 8
: after "standards" insert ", deoxyribonucleic acid submission 3
and testing and the deoxyribonucleic acid analysis surcharge,".
(gm) Is arrested for a felony,
or is taken into custody for a juvenile 8
offense that would be a felony if committed by an adult in this state
, and s. 165.84
9(7) (am) 1., 2., 3., or 4. applies to the person
(c) Allow a biological specimen, or data obtained from analysis of a 13
biological specimen, obtained under this section or, under
s. 51.20 (13) (cr), 165.84
938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 2
980.063, or, if the specimen is required to be analyzed under s. 165.84 (7) (am) 1m.,
3under s. 165.84 (7) (a),
to be submitted for inclusion in an index established under 442 USC 14132
(a) or in another national index system.
If the laboratories receive a human biological specimen under s. 8
51.20 (13) (cr), 165.76, 165.84 (7) (am),
938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 9
(8), 971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the 10
deoxyribonucleic acid in the specimen. If the laboratories receive a human biological
11specimen under s. 165.84 (7) (a), the laboratories shall analyze the deoxyribonucleic
12acid in the specimen as provided under s. 165.84 (7) (am) 1m.
The laboratories shall 13
maintain a data bank based on data obtained from deoxyribonucleic acid analysis of 14
those specimens. The laboratories may compare the data obtained from one 15
specimen with the data obtained from other specimens. The laboratories may make 16
data obtained from any analysis and comparison available to law enforcement 17
agencies in connection with criminal or delinquency investigations and, upon 18
request, to any prosecutor, defense attorney or subject of the data. The data may be 19
used in criminal and delinquency actions and proceedings.
(a) Subject to rules promulgated by the department of justice
s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement 24
agencies shall obtain, when the individual's fingerprints or other identifying data 25
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 2
offense that would be a felony if committed by an adult in this state.
3samples required under par. (a) shall be obtained and, if par. (am) requires,
4submitted as The law enforcement agency shall submit the biological specimen to the
5crime laboratories in a manner
specified in the
rules promulgated by the department
under s. 165.76 (4).
(am) (intro.) The person in charge of the law enforcement or tribal
10law enforcement agency shall submit the After receiving an individual's
specimen to 11submitted under par. (a),
the crime laboratories
for shall do one of the following:
121m. If, within the time limit under subd. 2m., the court notifies the crime
13laboratories under par. (bm) that any of the following applies, analyze the 14
deoxyribonucleic acid analysis in the specimen
and inclusion of include
individual's deoxyribonucleic acid profile in the data bank under s. 165.77 (3) only
16if any of the following applies
165.84 (7) (am) 1., 2., 3. and 4. of the statutes, as created by 2013
18Wisconsin Act 20
, are renumbered 165.84 (7) (am) 1m. a., b., c. and d., and 165.84 (7) 19
(am) 1m. c. and d., as renumbered, are amended to read:
(am) 1m. c. The individual fails failed
to appear at the initial 21
appearance or preliminary examination or the person waives waived
d. The individual fails failed
to appear for a delinquency proceeding under ch. 24
(bm) Unless par. (am) 1. applies to the individual, the The
court shall 4
notify the agency crime laboratories
if par. (am) 2., 3., or 4. 1m. a., b., c., or d.
to an individual the law enforcement or tribal law enforcement agency who has been 6
(am) 2m. Unless par. (am) 1. applies to the individual, if If
, one year 10
after the date the biological sample was obtained
under par. (a), the court 11
has not notified the crime laboratories
under subd. 1. the law enforcement or tribal
12law enforcement agency par. (bm)
that par. (am) 2., 3., or 4. subd. 1m. a., b., c., or d. 13
applies to the individual, the law enforcement or tribal law enforcement agency shall 14
destroy the biological sample.".
[2013 Wisconsin Act 20
] Section 9326 (1) (h) The treatment of section 973.047 18
(1f) of the statutes first applies to sentences imposed or probations placements made 19offenses committed
on the effective date of this paragraph.
This bill takes effect on the day after 21
publication, except as follows:
(1) The treatment of sections 165.76 (1) (gm) and (4) (c), 165.77 (3), and 165.84 2
(7) (a), (am) (intro.), 1., 2., 3., and 4., (b), and (bm) 1. and 2. of the statutes takes effect 3
on April 1, 2015.".