SB82,49,2017 b. The trial court reached final disposition for all charges for which the person
18was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8)
19971.027 (7), and the person was not adjudged guilty of a violent crime in connection
20with any such charge.
SB82,49,2421 d. The person was adjudged guilty of a violent crime in connection with any
22charge for which the person was required to provide a biological specimen under s.
23165.84 (7) or 970.02 (8) 971.027 (7), and all such convictions for a violent crime have
24been reversed, set aside, or vacated.
SB82,93 25Section 93. 165.79 (1) of the statutes is amended to read:
SB82,50,16
1165.79 (1) Evidence, information, and analyses of evidence obtained from law
2enforcement officers by the laboratories is privileged and not available to persons
3other than law enforcement officers nor is the defendant entitled to an inspection of
4information and evidence submitted to the laboratories by the state or of a
5laboratory's findings, or to examine laboratory personnel as witnesses concerning
6the same, prior to trial, except to the extent that the same is used by the state at a
7preliminary hearing and except as provided in s. 971.23 subch. IV of ch. 971. Upon
8request of a defendant in a felony action, approved by the presiding judge, the
9laboratories shall conduct analyses of evidence on behalf of the defendant. No
10prosecuting officer is entitled to an inspection of information and evidence submitted
11to the laboratories by the defendant, or of a laboratory's findings, or to examine
12laboratory personnel as witnesses concerning the same, prior to trial, except to the
13extent that the same is used by the accused at a preliminary hearing and except as
14provided in s. 971.23 subch. IV of ch. 971. Employees who made examinations or
15analyses of evidence shall attend the criminal trial as witnesses, without subpoena,
16upon reasonable written notice from either party requesting the attendance.
SB82,94 17Section 94. 165.81 (1) of the statutes is amended to read:
SB82,51,618 165.81 (1) Whenever the department is informed by the submitting officer or
19agency that physical evidence in the possession of the laboratories is no longer
20needed the department may, except as provided in sub. (3) or unless otherwise
21provided by law, destroy the evidence, retain it in the laboratories, return it to the
22submitting officer or agency, or turn it over to the University of Wisconsin upon the
23request of the head of any department of the University of Wisconsin. If the
24department returns the evidence to the submitting officer or agency, any action
25taken by the officer or agency with respect to the evidence shall be in accordance with

1s. 968.20 ss. 175.27 and 968.625. Except as provided in sub. (3), whenever the
2department receives information from which it appears probable that the evidence
3is no longer needed, the department may give written notice to the submitting agency
4and the appropriate district attorney, by registered mail, of the intention to dispose
5of the evidence. If no objection is received within 20 days after the notice was mailed,
6it may dispose of the evidence.
SB82,95 7Section 95. 165.81 (3) (a) 1. and 2., (b) and (f) of the statutes are amended to
8read:
SB82,51,99 165.81 (3) (a) 1. "Custody" has the meaning given in s. 968.205 968.645 (1) (a).
SB82,51,1010 2. "Discharge date" has the meaning given in s. 968.205 968.645 (1) (b).
SB82,51,1911 (b) Except as provided in par. (c), if physical evidence that is in the possession
12of the laboratories includes any biological material that was collected in connection
13with a criminal investigation that resulted in a criminal conviction, a delinquency
14adjudication, or commitment under s. 971.17 or 980.06 and the biological material
15is from a victim of the offense that was the subject of the criminal investigation or
16may reasonably be used to incriminate or exculpate any person for the offense
or
17subch. III of ch. 975
, the laboratories shall preserve the physical evidence until every
18person in custody as a result of the conviction, adjudication, or commitment has
19reached his or her discharge date.
SB82,51,2520 (f) Unless otherwise provided in a court order issued under s. 974.07 (9) (a) or
21(b) or (10) (a) 5., nothing in this subsection prohibits the laboratories from returning
22evidence that must be preserved under par. (b) or (e) to the agency that submitted
23the evidence to the laboratories. If the laboratories return evidence that must be
24preserved under par. (b) or (e) to a submitting agency, any action taken by the agency
25with respect to the evidence shall be in accordance with s. 968.205 968.645.
SB82,96
1Section 96. 165.84 (7) (am) 1m. c. of the statutes, as affected by 2013 Wisconsin
2Act 214
, is amended to read:
SB82,52,53 165.84 (7) (am) 1m. c. The individual failed to appear at the initial appearance
4or preliminary examination or the person waived the preliminary examination
5under s. 971.042.
SB82,97 6Section 97. 167.10 (8) (b) of the statutes is amended to read:
SB82,52,157 167.10 (8) (b) Fireworks stored, handled, sold, possessed, or used by a person
8who violates this section, an ordinance adopted under sub. (5), or a court order under
9par. (a) may be seized and held as evidence of the violation. Except as provided in
10s. 968.20 (4) 175.27 (2), only the fireworks that are the subject of a violation of this
11section, an ordinance adopted under sub. (5), or a court order under par. (a) may be
12destroyed after conviction for a violation. Except as provided in s. 968.20 (4) 175.27
13(2)
, fireworks that are seized as evidence of a violation for which no conviction results
14shall be returned to the owner in the same condition as they were when seized to the
15extent practicable.
SB82,98 16Section 98. 169.42 (2) (b) of the statutes is amended to read:
SB82,52,2017 169.42 (2) (b) A conservation warden and the department shall comply with the
18applicable procedures under ss. 29.931, 29.934, and 968.20 968.625 as they relate to
19seized and confiscated wild animals, carcasses, vehicles, boats, or other objects or
20property.
SB82,99 21Section 99. 173.10 of the statutes is amended to read:
SB82,53,10 22173.10 Investigation of cruelty complaints. A person may apply for a
23search warrant under s. 968.12 968.465 if there is reason to believe that a violation
24of ch. 951 has taken place or is taking place. If the court is satisfied that probable
25cause exists, it shall issue a search warrant directing a law enforcement officer in the

1county to proceed immediately to the location of the alleged violation with a doctor
2of veterinary medicine, if the court determines that a veterinarian is necessary for
3purposes of the search, and directing the law enforcement officer to search the place
4designated in the warrant, retaining in his or her custody subject to the order of the
5court such property or things as are specified in the warrant, including any animal.
6If the person applying for the search warrant is a humane officer, the warrant shall
7direct that the humane officer accompany the law enforcement officer who is directed
8to perform the search. The warrant shall be executed and returned to the court which
9issued the warrant in accordance with ss. 968.15 968.495 and 968.17 968.506. This
10section does not affect other powers and duties of law enforcement officers.
SB82,100 11Section 100. 173.12 (1m) of the statutes is amended to read:
SB82,53,1812 173.12 (1m) If an animal has been seized because it is alleged that the animal
13has been used in or constitutes evidence of any crime specified in s. 951.08, the
14animal may not be returned to the owner by an officer under s. 968.20 968.625 (2).
15In any hearing under s. 968.20 968.625 (1), the court shall determine if the animal
16is needed as evidence or there is reason to believe that the animal has participated
17in or been trained for fighting. If the court makes such a finding, the animal shall
18be retained in custody.
SB82,101 19Section 101. 175.27 (title) of the statutes is created to read:
SB82,53,20 20175.27 (title) Seized dangerous property.
SB82,102 21Section 102. 175.55 (2) of the statutes is amended to read:
SB82,54,522 175.55 (2) No Wisconsin law enforcement agency may use a drone to gather
23evidence or other information in a criminal investigation from or at a place or location
24where an individual has a reasonable expectation of privacy without first obtaining
25a search warrant under s. 968.12 968.465. This subsection does not apply to the use

1of a drone in a public place or to assist in an active search and rescue operation, to
2locate an escaped prisoner, to surveil a place or location for the purpose of executing
3an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe
4that the use of a drone is necessary to prevent imminent danger to an individual or
5to prevent imminent destruction of evidence.
SB82,103 6Section 103. 175.60 (3) (d) of the statutes is amended to read:
SB82,54,87 175.60 (3) (d) The court has prohibited the individual from possessing a
8dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).
SB82,104 9Section 104. 175.60 (3) (e) of the statutes is amended to read:
SB82,54,1110 175.60 (3) (e) The individual is on release under s. 969.01 969.31 and the
11individual may not possess a dangerous weapon as a condition of the release.
SB82,105 12Section 105. 175.60 (9g) (a) 2. of the statutes is amended to read:
SB82,55,513 175.60 (9g) (a) 2. The department shall conduct a criminal history record
14search and shall search its records and conduct a search in the national instant
15criminal background check system to determine whether the applicant is prohibited
16from possessing a firearm under federal law; whether the applicant is prohibited
17from possessing a firearm under s. 941.29; whether the applicant is prohibited from
18possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
19has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
2054.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
21under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
22by a court established by any federally recognized Wisconsin Indian tribe or band,
23except the Menominee Indian tribe of Wisconsin, that includes notice to the
24respondent that he or she is subject to the requirements and penalties under s.
25941.29 and that has been filed with the circuit court under s. 806.247 (3); and

1whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m)
2or 813.125 (4m); and to determine if the court has prohibited the applicant from
3possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b)
4and if the applicant is prohibited from possessing a dangerous weapon as a condition
5of release under s. 969.01 969.31.
SB82,106 6Section 106. 175.60 (11) (a) 2. b. of the statutes is amended to read:
SB82,55,87 175.60 (11) (a) 2. b. The individual is found incompetent under s. 971.14 975.34
8(6) (b)
.
SB82,107 9Section 107. 175.60 (11) (a) 2. c. of the statutes is amended to read:
SB82,55,1110 175.60 (11) (a) 2. c. The individual is found not guilty of any crime by reason
11of mental disease or mental defect under s. 971.17.
SB82,108 12Section 108. 175.60 (11) (a) 2. g. of the statutes is amended to read:
SB82,55,1413 175.60 (11) (a) 2. g. A court has prohibited the individual from possessing a
14dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).
SB82,109 15Section 109. 175.60 (11) (a) 2. i. of the statutes is amended to read:
SB82,55,1716 175.60 (11) (a) 2. i. The individual is on release under s. 969.01 969.31 and the
17individual may not possess a dangerous weapon as a condition of the release.
SB82,110 18Section 110. 175.60 (14) (am) of the statutes is amended to read:
SB82,56,219 175.60 (14) (am) The department shall suspend a license issued under this
20section if a court has prohibited the licensee from possessing a dangerous weapon
21under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b). If the individual whose license
22was suspended is no longer subject to the prohibition under s. 969.02 (3) (c) or 969.03
23(1) (c), whichever is applicable
969.33 (5) (b), sub. (3) (b), (c), (d), (e), (f), or (g) does
24not apply to the individual, and the suspended license would not have expired under
25sub. (15) (a) had it not been suspended, the department shall restore the license

1within 5 business days of notification that the licensee is no longer subject to the
2prohibition.
SB82,111 3Section 111. 195.048 (2) of the statutes is amended to read:
SB82,56,54 195.048 (2) The immunity provided under sub. (1) is subject to the restrictions
5under s. 972.085 967.18.
SB82,112 6Section 112. 196.207 (3) (e) of the statutes is amended to read:
SB82,56,87 196.207 (3) (e) A trap and trace device as authorized under ss. 968.34 968.376
8to 968.37 968.405.
SB82,113 9Section 113. 196.48 (1) (b) of the statutes is amended to read:
SB82,56,1110 196.48 (1) (b) The immunity provided under par. (a) is subject to the restrictions
11under s. 972.085 967.18.
SB82,114 12Section 114. 230.81 (2) of the statutes is amended to read:
SB82,56,1913 230.81 (2) Nothing in this section prohibits an employee from disclosing
14information to an appropriate law enforcement agency, a state or federal district
15attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal
16grand jury, or a judge in a proceeding commenced under s. 968.26 968.105, or
17disclosing information pursuant to any subpoena issued by any person authorized
18to issue subpoenas under s. 885.01. Any such disclosure of information is a lawful
19disclosure under this section and is protected under s. 230.83.
SB82,115 20Section 115. 251.16 of the statutes is amended to read:
SB82,56,23 21251.16 Local health department; evidence. The reports and employees of
22a local health department are subject to s. 970.03 (12) (b) ss. 971.042 (9) (b) and
23971.75 (7) (b)
.
SB82,116 24Section 116. 252.11 (5m) of the statutes is amended to read:
SB82,57,6
1252.11 (5m) A health care professional, as defined in s. 968.38 968.725 (1) (a),
2acting under an order of a court under s. 938.296 (4) or 968.38 968.725 (4) may,
3without first obtaining informed consent to the testing, subject an individual to a test
4or a series of tests to ascertain whether that individual is infected with a sexually
5transmitted disease. No sample used for performance of a test under this subsection
6may disclose the name of the test subject.
SB82,117 7Section 117. 252.11 (7) of the statutes is amended to read:
SB82,57,178 252.11 (7) Reports, examinations, and inspections and all records concerning
9sexually transmitted diseases are confidential and not open to public inspection, and
10may not be divulged except as may be necessary for the preservation of the public
11health, in the course of commitment proceedings under sub. (5), or as provided under
12s. 938.296 (4) or 968.38 968.725 (4). If a physician, physician assistant, or advanced
13practice nurse prescriber has reported a case of sexually transmitted disease to the
14department under sub. (4), information regarding the presence of the disease and
15treatment is not privileged when the patient, physician, physician assistant, or
16advanced practice nurse prescriber is called upon to testify to the facts before any
17court of record.
SB82,118 18Section 118. 252.15 (2m) (b) 3., (3m) (d) 14. and (4) (c) of the statutes are
19amended to read:
SB82,57,2420 252.15 (2m) (b) 3. HIV testing by a health care professional acting under an
21order of the court under sub. (5j) or s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5).
22No sample used for laboratory test purposes under this subdivision may disclose the
23name of the HIV test subject, and the HIV test results may not be made part of the
24individual's permanent medical record.
SB82,58,4
1(3m) (d) 14. To a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296
2(4); to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5); to a person
3under s. 968.38 968.725 (4) (a) to (c) as specified in s. 968.38 968.725 (4); or to a person
4under s. 968.38 968.725 (5) (a) to (c) as specified in s. 968.38 968.725 (5).
SB82,58,8 5(4) (c) A record of the results of an HIV test administered to the person, except
6that results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or
7(5) or 968.38 968.725 (4) or (5) that include the identity of the test subject may not
8be maintained without the consent of the test subject.
SB82,119 9Section 119. 301.03 (3c) of the statutes is amended to read:
SB82,58,1410 301.03 (3c) If requested by the department of health services, contract with
11that department to supervise and provide services to persons who are conditionally
12transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17
13(3)
975.57 (4) or 975.59, or placed on supervised release under s. 980.06 (2), 1997
14stats., or s. 980.08.
SB82,120 15Section 120. 301.03 (7m) of the statutes is amended to read:
SB82,58,1916 301.03 (7m) Supervise criminal defendants accepted into the custody of the
17department under s. 969.02 (3) (a) or 969.03 (1) (a) ch. 969. The department shall
18charge the county that is prosecuting the defendant a fee for providing this
19supervision. The department shall set the fee by rule.
SB82,121 20Section 121. 301.035 (2) of the statutes is amended to read:
SB82,58,2321 301.035 (2) Assign hearing examiners from the division to preside over
22hearings under s. 975.10 (2), 2013 stats., ss. 302.11 (7), 302.113 (9), 302.114 (9),
23938.357 (5), and 973.10 and 975.10 (2) , and ch. 304.
SB82,122 24Section 122. 301.035 (4) of the statutes is amended to read:
SB82,59,4
1301.035 (4) Supervise employees in the conduct of the activities of the division
2and be the administrative reviewing authority for decisions of the division under s.
3975.10 (2), 2013 stats.,
ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, and
4973.155 (2) and 975.10 (2), and ch. 304.
SB82,123 5Section 123. 301.45 (1g) (c) of the statutes is amended to read:
SB82,59,86 301.45 (1g) (c) Is found not guilty or not responsible by reason of mental disease
7or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17
8subch. III of ch. 975 for a sex offense.
SB82,124 9Section 124. 301.45 (1g) (d) of the statutes is amended to read:
SB82,59,1210 301.45 (1g) (d) Is in institutional care or on conditional transfer under s. 51.35
11(1) or conditional release under s. 971.17 975.57 (4) or 975.59 on or after
12December 25, 1993, for a sex offense.
SB82,125 13Section 125. 301.45 (1g) (dd) of the statutes is amended to read:
SB82,59,1714 301.45 (1g) (dd) Is in institutional care or on conditional transfer under s. 51.35
15(1) or conditional release under s. 971.17 975.57 (4) or 975.59 on or after
16December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to
17commit a violation, of a law of this state that is comparable to a sex offense.
SB82,126 18Section 126. 301.45 (1g) (dp) of the statutes is amended to read:
SB82,59,2019 301.45 (1g) (dp) Is in institutional care under, or on parole from, a commitment
20for specialized treatment under ch. 975, 2013 stats., on or after December 25, 1993.
SB82,127 21Section 127. 301.45 (1g) (e) of the statutes is amended to read:
SB82,59,2422 301.45 (1g) (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m)
23(am), 938.345 (3), 971.17 (1m) (b) 1m. or 973.048 (1m), or 975.54 (3) (a) to comply with
24the reporting requirements under this section.
SB82,128 25Section 128. 301.45 (1m) (b) of the statutes is amended to read:
SB82,60,8
1301.45 (1m) (b) If a person believes that he or she is not required under par.
2(a) to comply with the reporting requirements under this section and the person is
3not before the court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048,
4or 975.54 (3)
, the person may move a court to make a determination of whether the
5person satisfies the criteria specified in par. (a). A motion made under this
6paragraph shall be filed with the circuit court for the county in which the person was
7convicted, adjudicated delinquent or found not guilty or not responsible by reason of
8mental disease or defect.
SB82,129 9Section 129. 301.45 (1m) (be) of the statutes is amended to read:
SB82,60,1710 301.45 (1m) (be) A person who files a motion under par. (b) or s. 51.20 (13) (ct)
112m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b)
12requesting a determination of whether the person is required to comply with the
13reporting requirements under this section shall send a copy of the motion to the
14district attorney for the county in which the motion is filed. The district attorney
15shall make a reasonable attempt to contact the victim of the crime that is the subject
16of the person's motion to inform the victim of his or her right to make or provide a
17statement under par. (bv).
SB82,130 18Section 130. 301.45 (1m) (bm) of the statutes is amended to read:
SB82,60,2319 301.45 (1m) (bm) A court shall hold a hearing on a motion made by a person
20under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or
21973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is
22required to comply with the reporting requirements under this section. The district
23attorney who receives a copy of a motion under par. (be) may appear at the hearing.
SB82,131 24Section 131. 301.45 (1m) (bv) of the statutes is amended to read:
SB82,61,8
1301.45 (1m) (bv) Before deciding a motion filed under par. (b) or s. 51.20 (13)
2(ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b)
3requesting a determination of whether the person is required to comply with the
4reporting requirements under this section, the court shall allow the victim of the
5crime that is the subject of the motion to make a statement in court at the hearing
6under par. (bm) or to submit a written statement to the court. A statement under this
7paragraph must be relevant to whether the person satisfies the criteria specified in
8par. (a).
SB82,132 9Section 132. 301.45 (1m) (d) 1. of the statutes is amended to read:
SB82,61,1610 301.45 (1m) (d) 1. Before deciding a motion filed by a person under par. (b) or
11s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or
12975.54 (3) (b)
requesting a determination of whether the person is required to comply
13with the reporting requirements under this section, a court may request the person
14to be examined by a physician, psychologist, or other expert approved by the court.
15If the person refuses to undergo an examination requested by the court under this
16subdivision, the court shall deny the person's motion without prejudice.
SB82,133 17Section 133. 301.45 (1m) (e) (intro.) of the statutes is amended to read:
SB82,61,2318 301.45 (1m) (e) (intro.) At the hearing held under par. (bm), the person who
19filed the motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m)
20(b) 2m. or
973.048 (2m), or 975.54 (3) (b) has the burden of proving by clear and
21convincing evidence that he or she satisfies the criteria specified in par. (a). In
22deciding whether the person has satisfied the criterion specified in par. (a) 3., the
23court may consider any of the following:
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