Amendment SSA1-SB82

SB82-SSA1,26,6 77.61 (12) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,46 Section 46. 93.17 (2) of the statutes is amended to read:

SB82-SSA1,26,9 93.17 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,47 Section 47. 102.13 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB82-SSA1,26,20 102.13 (5) The department or the division may refuse to receive testimony as to conditions determined from an autopsy if it appears that the party offering the testimony had procured the autopsy and had failed to make reasonable effort to notify at least one party in adverse interest or the department or the division at least 12 hours before the autopsy of the time and place at which the autopsy would be performed, or that the autopsy was performed by or at the direction of the coroner or medical examiner or at the direction of the district attorney for purposes not authorized under subch. I of ch. 968 or under ch. 979. The department or the division may withhold findings until an autopsy is held in accordance with its directions.

SB82-SSA1,48 Section 48. 103.005 (20) of the statutes is amended to read:

SB82-SSA1,27,2 103.005 (20) The department shall establish a procedure for the department to provide to the state public defender and the department of administration any information that the department may have concerning an individual's wages to assist the state public defender and the department of administration in collecting payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e), or 977.076 (1).

SB82-SSA1,49 Section 49. 103.10 (1m) (b) 1. of the statutes is amended to read:

SB82-SSA1,27,5 103.10 (1m) (b) 1. "Domestic abuse" has the meaning given in s. 968.075 969.27 (1) (a).

SB82-SSA1,50 Section 50. 110.001 (1m) of the statutes is amended to read:

SB82-SSA1,27,8 110.001 (1m) "Law enforcement officer" has the meaning given in s. 967.02 (5) 967.025 (13).

SB82-SSA1,51 Section 51. 110.07 (2m) of the statutes is amended to read:

SB82-SSA1,27,22 110.07 (2m) In addition to the primary powers granted by subs. (1) and (2), any officer of the state traffic patrol shall have the powers of a peace officer under s. 59.28, except that the officer shall have the arrest powers of a law enforcement officer under s. 968.07 969.16, regardless of whether the violation is punishable by forfeiture or criminal penalty. A state traffic officer shall at all times be available as a witness for the state but may not conduct investigations for crimes under chs. 939 to 948 other than crimes relating to the use or operation of vehicles. The primary duty of a state traffic officer shall be the enforcement of chs. 340 to 351 or of any other law relating to the use or operation of vehicles upon the highway. No state traffic officer shall be used in or take part in any dispute or controversy between employer or employee concerning wages, hours, labor or working conditions; nor shall any such officer be required to serve civil process. The department may assign state traffic officers to safeguard state officers or other persons.

SB82-SSA1,52 Section 52. 110.07 (4) of the statutes is amended to read:

SB82-SSA1,28,10 110.07 (4) In addition to the primary powers granted by sub. (3), any inspector shall have the powers of a peace officer under s. 59.28, except that the inspector shall have the arrest powers of a law enforcement officer under s. 968.07 969.16, regardless of whether the violation is punishable by forfeiture or criminal penalty. An inspector shall at all times be available as a witness for the state but may not conduct investigations for crimes under chs. 939 to 948 other than crimes relating to the use or operation of vehicles. The primary duty of an inspector shall be the enforcement of the provisions specified in sub. (3). No inspector may be used in or take part in any dispute or controversy between employer or employee concerning wages, hours, labor or working conditions; nor may an inspector be required to serve civil process. The department may assign inspectors to safeguard state officers or other persons.

SB82-SSA1,53 Section 53. 111.07 (2) (b) 2. of the statutes is amended to read:

SB82-SSA1,28,13 111.07 (2) (b) 2. The immunity provided under subd. 1. is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,54 Section 54. 128.16 (2) of the statutes is amended to read:

SB82-SSA1,28,16 128.16 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,55 Section 55. 133.15 (2) of the statutes is amended to read:

SB82-SSA1,28,19 133.15 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,56 Section 56. 134.43 (3) of the statutes is amended to read:

SB82-SSA1,28,23 134.43 (3) Any person who is the victim of an intrusion of privacy under this section is entitled to relief under s. 995.50 (1) and (4) unless the act is permissible under ss. 968.27 to 968.373 subch. IV of ch. 968.

SB82-SSA1,57 Section 57. 139.20 (2) of the statutes is amended to read:

SB82-SSA1,29,2 139.20 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,58 Section 58. 139.39 (5) (b) of the statutes is amended to read:

SB82-SSA1,29,5 139.39 (5) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,59 Section 59. 146.81 (4) of the statutes is amended to read:

SB82-SSA1,29,20 146.81 (4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider; and all records made by an ambulance service provider, as defined in s. 256.01 (3), an emergency medical technician, as defined in s. 256.01 (5), or a first responder, as defined in s. 256.01 (9), in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals. "Patient health care records" includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under s. 302.388 (2). "Patient health care records" does not include those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (5g) or (5j), 343.305, 938.296 (4) or (5), or 968.38 968.725 (4) or (5), records related to sales of pseudoephedrine products, as defined in s. 961.01 (20c), that are maintained by pharmacies under s. 961.235, fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125.

SB82-SSA1,60 Section 60. 146.82 (2) (c) of the statutes is amended to read:

SB82-SSA1,29,25 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners and facilities in accordance with s. 971.17 971.85 (2) (e), (4) (c), and (7) (c). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 971.85.

SB82-SSA1,61 Section 61. 154.30 (3) (a) 2. of the statutes is amended to read:

SB82-SSA1,30,5 154.30 (3) (a) 2. Any power or duty of a coroner, medical examiner, or other physician licensed to perform autopsies with respect to the reporting of certain deaths, and the performance of autopsies, under ch. 979 and with respect to inquests under subch. I of ch. 979 968.

SB82-SSA1,62 Section 62. 165.76 (1) (bm) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82-SSA1,30,11 165.76 (1) (bm) Has been found not guilty or not responsible by reason of mental disease or defect on or after August 12, 1993, and committed under s. 51.20 or 971.17 971.85 for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085.

SB82-SSA1,63 Section 63. 165.76 (1) (br) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82-SSA1,30,17 165.76 (1) (br) Has been found not guilty or not responsible by reason of mental disease or defect on or after January 1, 2000, and committed under s. 51.20 or 971.17 971.85, for any felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 944.20, 946.52, or 948.10 (1) (b).

SB82-SSA1,64 Section 64. 165.76 (1) (g) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82-SSA1,30,23 165.76 (1) (g) Has been required by a court under s. 51.20 (13) (cr), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 971.028 (7), 971.85 (1m) (a), 973.047, or 980.063 to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

SB82-SSA1,65 Section 65. 165.76 (1m) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82-SSA1,31,10 165.76 (1m) If a person is required to provide a biological specimen under sub. (1) (a) to (gm) and the department of justice does not have the data obtained from analysis of a biological specimen from the person that the department is required to maintain in the data bank under s. 165.77 (3), the department may require the person to provide a biological specimen, regardless of whether the person previously provided a biological specimen under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 971.028 (7), 971.85 (1m) (a), 973.047, or 980.063. The department of justice, the department of corrections, a district attorney, or a county sheriff, shall notify any person whom the department of justice requires to provide a biological specimen under this subsection.

SB82-SSA1,66 Section 66 . 165.76 (4) (a) and (b) of the statutes, as created by 2013 Wisconsin Act 20, are amended to read:

SB82-SSA1,31,16 165.76 (4) (a) Establish procedures and time limits for obtaining and submitting biological specimens under this section and ss. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 971.028 (7), 971.85 (1m) (a), 973.047, and 980.063.

SB82-SSA1,31,23 (b) Specify whether an individual who is required under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 971.028 (7), 971.85 (1m) (a), 973.047, or 980.063 to provide a biological specimen for deoxyribonucleic acid analysis must provide a new biological specimen if the crime laboratories already have a biological specimen from the individual or if data obtained from deoxyribonucleic acid analysis of the individual's biological specimen are already included in the data bank under s. 165.77 (3).

SB82-SSA1,67 Section 67. 165.76 (4) (c) of the statutes, as affected by 2013 Wisconsin Act 214, is amended to read:

SB82-SSA1,32,6 165.76 (4) (c) Allow a biological specimen, or data obtained from analysis of a biological specimen, obtained under this section, under s. 51.20 (13) (cr), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 971.028 (7), 971.85 (1m) (a), 973.047, or 980.063, or, if the specimen is required to be analyzed under s. 165.84 (7) (am) 1m., under s. 165.84 (7) (ah), to be submitted for inclusion in an index established under 42 USC 14132 (a) or in another national index system.

SB82-SSA1,68 Section 68 . 165.765 (1m) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

SB82-SSA1,32,14 165.765 (1m) A law enforcement officer; a jail officer; a tribal officer; a correctional officer; a probation, extended supervision, or parole officer; or an employee of the department of health services may use reasonable force to obtain a biological specimen from a person who intentionally refuses to provide a biological specimen that is required under s. 165.76 (1), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), or 970.02 (8) 971.028 (7).

SB82-SSA1,69 Section 69 . 165.765 (2) (a) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82-SSA1,32,22 165.765 (2) (a) 1. Any physician, registered nurse, medical technologist, physician assistant, or person acting under the direction of a physician who obtains a biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 971.028 (7), 971.85 (1m) (a), 973.047, or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

SB82-SSA1,70 Section 70. 165.77 (2) (b) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82-SSA1,33,3 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 971.028 (7), 971.85 (1m) (a), 973.047, or 980.063.

SB82-SSA1,71 Section 71. 165.77 (2m) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82-SSA1,33,8 165.77 (2m) (c) Paragraph (b) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 971.028 (7), 971.85 (1m) (a), 973.047, or 980.063.

SB82-SSA1,72 Section 72. 165.77 (3) of the statutes, as affected by 2013 Wisconsin Act 214, is amended to read:

SB82-SSA1,33,23 165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 971.028 (7), 971.85 (1m) (a), 971.028 (7), 973.047, or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. If the laboratories receive a human biological specimen under s. 165.84 (7) (ah), the laboratories shall analyze the deoxyribonucleic acid in the specimen as provided under s. 165.84 (7) (am) 1m. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings.

SB82-SSA1,73 Section 73. 165.77 (4) (am) 1. of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

SB82-SSA1,34,5 165.77 (4) (am) 1. If the person was required to submit a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 971.85 (1m) (a), 973.047, or 980.063, all convictions, findings, or adjudications for which the person was required to submit a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 971.85 (1m) (a), 973.047, or 980.063 have been reversed, set aside, or vacated.

SB82-SSA1,74 Section 74. 165.77 (4) (am) 2. (intro.) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

SB82-SSA1,34,10 165.77 (4) (am) 2. (intro.) If the person was required to provide a biological specimen under s. 165.84 (7) in connection with an arrest or under s. 970.02 (8) 971.028 (7), one of the following applies:

SB82-SSA1,75 Section 75. 165.77 (4) (am) 2. a., b. and d. of the statutes, as affected by 2013 Wisconsin Act 214, are amended to read:

SB82-SSA1,34,15 165.77 (4) (am) 2. a. All charges for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8) 971.028 (7) have been dismissed.

SB82-SSA1,34,19 b. The trial court reached final disposition for all charges for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8) 971.028 (7), and the person was not adjudged guilty of a violent crime in connection with any such charge.

SB82-SSA1,34,23 d. The person was adjudged guilty of a violent crime in connection with any charge for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8) 971.028 (7), and all such convictions for a violent crime have been reversed, set aside, or vacated.

SB82-SSA1,76 Section 76. 165.79 (1) of the statutes is amended to read:

SB82-SSA1,35,16 165.79 (1) Evidence, information, and analyses of evidence obtained from law enforcement officers by the laboratories is privileged and not available to persons other than law enforcement officers nor is the defendant entitled to an inspection of information and evidence submitted to the laboratories by the state or of a laboratory's findings, or to examine laboratory personnel as witnesses concerning the same, prior to trial, except to the extent that the same is used by the state at a preliminary hearing and except as provided in s. 971.23 971.43. Upon request of a defendant in a felony action, approved by the presiding judge, the laboratories shall conduct analyses of evidence on behalf of the defendant. No prosecuting officer is entitled to an inspection of information and evidence submitted to the laboratories by the defendant, or of a laboratory's findings, or to examine laboratory personnel as witnesses concerning the same, prior to trial, except to the extent that the same is used by the accused at a preliminary hearing and except as provided in s. 971.23 971.43. Employees who made examinations or analyses of evidence shall attend the criminal trial as witnesses, without subpoena, upon reasonable written notice from either party requesting the attendance.

SB82-SSA1,77 Section 77. 165.81 (1) of the statutes is amended to read:

SB82-SSA1,36,6 165.81 (1) Whenever the department is informed by the submitting officer or agency that physical evidence in the possession of the laboratories is no longer needed the department may, except as provided in sub. (3) or unless otherwise provided by law, destroy the evidence, retain it in the laboratories, return it to the submitting officer or agency, or turn it over to the University of Wisconsin upon the request of the head of any department of the University of Wisconsin. If the department returns the evidence to the submitting officer or agency, any action taken by the officer or agency with respect to the evidence shall be in accordance with s. 968.20 ss. 175.27 and 968.625. Except as provided in sub. (3), whenever the department receives information from which it appears probable that the evidence is no longer needed, the department may give written notice to the submitting agency and the appropriate district attorney, by registered mail, of the intention to dispose of the evidence. If no objection is received within 20 days after the notice was mailed, it may dispose of the evidence.

SB82-SSA1,78 Section 78. 165.81 (3) (a) 1. and 2., (b) and (f) of the statutes are amended to read:

SB82-SSA1,36,9 165.81 (3) (a) 1. "Custody" has the meaning given in s. 968.205 968.645 (1) (a).

SB82-SSA1,36,10 2. "Discharge date" has the meaning given in s. 968.205 968.645 (1) (b).

SB82-SSA1,36,19 (b) Except as provided in par. (c), if physical evidence that is in the possession of the laboratories includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, a delinquency adjudication, or commitment under s. 971.17 971.85 or 980.06 and the biological material is from a victim of the offense that was the subject of the criminal investigation or may reasonably be used to incriminate or exculpate any person for the offense, the laboratories shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.

SB82-SSA1,36,25 (f) Unless otherwise provided in a court order issued under s. 974.07 (9) (a) or (b) or (10) (a) 5., nothing in this subsection prohibits the laboratories from returning evidence that must be preserved under par. (b) or (e) to the agency that submitted the evidence to the laboratories. If the laboratories return evidence that must be preserved under par. (b) or (e) to a submitting agency, any action taken by the agency with respect to the evidence shall be in accordance with s. 968.205 968.645.

SB82-SSA1,79 Section 79. 165.84 (7) (am) 1m. c. of the statutes, as affected by 2013 Wisconsin Act 214, is amended to read:

SB82-SSA1,37,5 165.84 (7) (am) 1m. c. The individual failed to appear at the initial appearance or preliminary examination or the person waived the preliminary examination under s. 971.042.

SB82-SSA1,80 Section 80. 167.10 (8) (b) of the statutes is amended to read:

SB82-SSA1,37,15 167.10 (8) (b) Fireworks stored, handled, sold, possessed, or used by a person who violates this section, an ordinance adopted under sub. (5), or a court order under par. (a) may be seized and held as evidence of the violation. Except as provided in s. 968.20 (4) 175.27 (2), only the fireworks that are the subject of a violation of this section, an ordinance adopted under sub. (5), or a court order under par. (a) may be destroyed after conviction for a violation. Except as provided in s. 968.20 (4) 175.27 (2), fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner in the same condition as they were when seized to the extent practicable.

SB82-SSA1,81 Section 81. 169.42 (2) (b) of the statutes is amended to read:

SB82-SSA1,37,20 169.42 (2) (b) A conservation warden and the department shall comply with the applicable procedures under ss. 29.931, 29.934, and 968.20 968.625 as they relate to seized and confiscated wild animals, carcasses, vehicles, boats, or other objects or property.

SB82-SSA1,82 Section 82. 173.10 of the statutes is amended to read:

SB82-SSA1,38,10 173.10 Investigation of cruelty complaints. A person may apply for a search warrant under s. 968.12 968.465 if there is reason to believe that a violation of ch. 951 has taken place or is taking place. If the court is satisfied that probable cause exists, it shall issue a search warrant directing a law enforcement officer in the county to proceed immediately to the location of the alleged violation with a doctor of veterinary medicine, if the court determines that a veterinarian is necessary for purposes of the search, and directing the law enforcement officer to search the place designated in the warrant, retaining in his or her custody subject to the order of the court such property or things as are specified in the warrant, including any animal. If the person applying for the search warrant is a humane officer, the warrant shall direct that the humane officer accompany the law enforcement officer who is directed to perform the search. The warrant shall be executed and returned to the court which issued the warrant in accordance with ss. 968.15 968.495 and 968.17 968.506. This section does not affect other powers and duties of law enforcement officers.

SB82-SSA1,83 Section 83. 173.12 (1m) of the statutes, as affected by 2015 Wisconsin Act 64, is amended to read:

SB82-SSA1,38,19 173.12 (1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal may not be returned to the owner by an officer under s. 968.20 968.625 (2). In any hearing under s. 968.20 968.625 (1g), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated in or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody.

SB82-SSA1,84 Section 84. 175.27 (title) of the statutes is created to read:

SB82-SSA1,38,21 175.27 (title) Seized dangerous property.

SB82-SSA1,85 Section 85. 175.55 (2) of the statutes is amended to read:

SB82-SSA1,39,6 175.55 (2) No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation from or at a place or location where an individual has a reasonable expectation of privacy without first obtaining a search warrant under s. 968.12 968.465. This subsection does not apply to the use of a drone in a public place or to assist in an active search and rescue operation, to locate an escaped prisoner, to surveil a place or location for the purpose of executing an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.

SB82-SSA1,86 Section 86. 175.60 (3) (d) of the statutes is amended to read:

SB82-SSA1,39,9 175.60 (3) (d) The court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).