SB82: Bill Text

SB82,33,21 51.42 (3) (as) 1r. A county department shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department and the facility, unless the county department governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department or its contract agency. In cases of emergency, a facility under contract with any county department shall charge the county department having jurisdiction in the county where the patient is found. The county department shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health services determines that a charge is administratively infeasible, or unless the department of health services, after individual review, determines that the charge is not attributable to the cost of basic care and services. Except as provided in subd. 1m., a county department may not reimburse any state institution or receive credit for collections for care received in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 975.06, 2013 stats., or s. 971.14, 971.17 or 975.06 ch. 975 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of children and families under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs that are attributable to care and treatment of the client.

SB82,47 Section 47. 51.42 (3) (aw) 1. d. of the statutes is amended to read:

SB82,34,5 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s. 971.17 (3) or (4) 975.57 (4) or 975.59 or that are specified in a supervised release plan approved by a court under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 980.08 (4) (g). If the county department provides treatment and services under this subdivision, the department of health services shall, from the appropriation under s. 20.435 (2) (bj), pay the county department for the costs of the treatment and services.

SB82,48 Section 48. 51.437 (4rm) (a) of the statutes is amended to read:

SB82,35,9 51.437 (4rm) (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility, except as provided under par. (c), for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health services determines that a charge is administratively infeasible, or unless the department of health services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, 2013 stats., or ch. 975, admissions under s. 975.17, 1977 stats., children placed in the guardianship of the department of children and families under s. 48.427 or 48.43 or juveniles under the supervision of the department of corrections under s. 938.183 or 938.355.

SB82,49 Section 49. 51.61 (1) (intro.) of the statutes is amended to read:

SB82,36,2 51.61 (1) (intro.) In this section, "patient" means any individual who is receiving services for mental illness, developmental disabilities, alcoholism or drug dependency, including any individual who is admitted to a treatment facility in accordance with this chapter or ch. 48 or 55 or who is detained, committed or placed under this chapter, ch. 975, 2013 stats., or ch. 48, 55, 971, 975, or 980, or who is transferred to a treatment facility under s. 51.35 (3) or 51.37 or who is receiving care or treatment for those conditions through the department or a county department under s. 51.42 or 51.437 or in a private treatment facility. "Patient" does not include persons committed under ch. 975, 2013 stats., who are transferred to or residing in any state prison listed under s. 302.01. In private hospitals and in public general hospitals, "patient" includes any individual who is admitted for the primary purpose of treatment of mental illness, developmental disability, alcoholism or drug abuse but does not include an individual who receives treatment in a hospital emergency room nor an individual who receives treatment on an outpatient basis at those hospitals, unless the individual is otherwise covered under this subsection. Except as provided in sub. (2), each patient shall:

SB82,50 Section 50. 51.61 (1) (e) of the statutes is amended to read:

SB82,36,10 51.61 (1) (e) Except in the case of a patient who is admitted or transferred under s. 51.35 (3) or 51.37 or under ch. 971, ch. 975, 2013 stats., or ch. 975, have the right to the least restrictive conditions necessary to achieve the purposes of admission, commitment or protective placement, under programs, services and resources that the county board of supervisors or the Milwaukee County mental health board, as applicable, is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds.

SB82,51 Section 51. 51.61 (1) (i) 1. of the statutes is amended to read:

SB82,37,22 51.61 (1) (i) 1. Except as provided in subd. 2., have a right to be free from physical restraint and isolation except for emergency situations or when isolation or restraint is a part of a treatment program. Isolation or restraint may be used only when less restrictive measures are ineffective or not feasible and shall be used for the shortest time possible. When a patient is placed in isolation or restraint, his or her status shall be reviewed once every 30 minutes. Each facility shall have a written policy covering the use of restraint or isolation that ensures that the dignity of the individual is protected, that the safety of the individual is ensured, and that there is regular, frequent monitoring by trained staff to care for bodily needs as may be required. Isolation or restraint may be used for emergency situations only when it is likely that the patient may physically harm himself or herself or others. The treatment director shall specifically designate physicians who are authorized to order isolation or restraint, and shall specifically designate licensed psychologists who are authorized to order isolation. If the treatment director is not a physician, the medical director shall make the designation. In the case of a center for the developmentally disabled, use shall be authorized by the director of the center. The authorization for emergency use of isolation or restraint shall be in writing, except that isolation or restraint may be authorized in emergencies for not more than one hour, after which time an appropriate order in writing shall be obtained from the physician or licensed psychologist designated by the director, in the case of isolation, or the physician so designated in the case of restraint. Emergency isolation or restraint may not be continued for more than 24 hours without a new written order. Isolation may be used as part of a treatment program if it is part of a written treatment plan, and the rights specified in this subsection are provided to the patient. The use of isolation as a part of a treatment plan shall be explained to the patient and to his or her guardian, if any, by the person who provides the treatment. A treatment plan that incorporates isolation shall be evaluated at least once every 2 weeks. Patients who have a recent history of physical aggression may be restrained during transport to or from the facility. Persons who are committed or transferred under s. 51.35 (3) or 51.37, under ch. 975, 2013 stats., or under ch. 971 or 975, or who are detained or committed under ch. 980, and who, while under this status, are transferred to a hospital, as defined in s. 50.33 (2), for medical care may be isolated for security reasons within locked facilities in the hospital. Patients who are committed or transferred under ch. 975, 2013 stats., under s. 51.35 (3) or 51.37, or under ch. 971 or 975, or who are detained or committed under ch. 980, may be restrained for security reasons during transport to or from the facility.

SB82,52 Section 52. 51.87 (3) of the statutes is amended to read:

SB82,38,5 51.87 (3) Purchase of services. A county department under s. 46.23, 51.42, or 51.437 may contract as provided under this section with public or private agencies in states bordering on Wisconsin to secure services under this chapter for persons who receive services through the county department, except that services may not be secured for persons committed under s. 971.14 or 971.17 ch. 975. Section 46.036 (1) to (6) applies to contracts entered into under this section by county departments under s. 46.23, 51.42, or 51.437.

SB82,53 Section 53. 55.043 (6) (bt) 8. of the statutes is amended to read:

SB82,38,10 55.043 (6) (bt) 8. To the attorney or guardian ad litem for the adult at risk who is the alleged victim named in the record, to assist in preparing for any proceeding under this chapter, ch. 975, 2013 stats., or ch. 48, 51, 54, 813, 971, or 975 pertaining to the alleged victim.

SB82,54 Section 54. 55.075 (intro.) of the statutes is amended to read:

SB82,38,13 55.075 Protective services or protective placement; petition. (intro.) Except as provided in s. 971.14 (6) (b) 975.38:

SB82,55 Section 55. 59.34 (2) (a) of the statutes is amended to read:

SB82,38,17 59.34 (2) (a) Notwithstanding s. 979.04 968.015 (3) and except as provided in par. (b), any person holding office under sub. (1) may also serve as an emergency medical technician, first responder or fire fighter.

SB82,56 Section 56. 66.0113 (3) (e) of the statutes is amended to read:

SB82,38,22 66.0113 (3) (e) A judgment may be entered under par. (d) if the summons or citation was served as provided under s. 968.04 (3) (b) 2. 969.22 (2) or by personal service by a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district employee.

SB82,57 Section 57. 66.0114 (1) (a) of the statutes is amended to read:

SB82,39,22 66.0114 (1) (a) An action for violation of an ordinance or bylaw enacted by a city, village, town sanitary district or public inland lake protection and rehabilitation district is a civil action. All forfeitures and penalties imposed by an ordinance or bylaw of the city, village, town sanitary district or public inland lake protection and rehabilitation district, except as provided in ss. 345.20 to 345.53, may be collected in an action in the name of the city or village before the municipal court or in an action in the name of the city, village, town sanitary district or public inland lake protection and rehabilitation district before a court of record. If the action is in municipal court, the procedures under ch. 800 apply and the procedures under this section do not apply. If the action is in a court of record, it shall be commenced by warrant or summons under s. 968.04 969.20 or, if applicable, by citation under s. 778.25 or 778.26. A law enforcement officer may arrest the offender in all cases without warrant under s. 968.07 969.16. If the action is commenced by warrant the affidavit may be the complaint. The affidavit or complaint is sufficient if it alleges that the defendant has violated an ordinance or bylaw, specifying the ordinance or bylaw by section, chapter, title or otherwise with sufficient plainness to identify the ordinance or bylaw. The judge may release a defendant without a cash deposit or may permit him or her to execute an unsecured appearance bond upon arrest. In arrests without a warrant or summons a statement on the records of the court of the offense charged is the complaint unless the court directs that a formal complaint be issued. In all actions under this paragraph the defendant's plea shall be guilty, not guilty or no contest and shall be entered as not guilty on failure to plead. A plea of not guilty on failure to plead puts all matters in the case at issue, any other provision of law notwithstanding. The defendant may enter a not guilty plea by certified mail.

SB82,58 Section 58. 66.0139 (4) and (5) of the statutes are amended to read:

SB82,40,8 66.0139 (4) Except as provided in s. 968.20 (3) 175.27 (1), a 1st class city shall dispose of abandoned or unclaimed dangerous weapons or ammunition without a public auction 12 months after taking possession of them if the owner has not requested their return. Disposal procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, a disposal procedure shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the rightful owner. The dangerous weapons or ammunition are subject to sub. (5).

SB82,40,11 (5) A political subdivision may retain or dispose of any abandoned, unclaimed, or seized dangerous weapon or ammunition only under s. 968.20 ss. 175.27 and 968.625.

SB82,59 Section 59. 69.18 (2) (f) 3. of the statutes is amended to read:

SB82,40,19 69.18 (2) (f) 3. A person signing a medical certification under par. (b), (c), or (d) shall note on the certificate if the cause of death of the subject of the certificate is unknown, or undetermined or if the determination of the cause of death is pending and shall submit to the state registrar within 30 days after the pronouncement of death an amendment to the medical certification which satisfies the requirements of subd. 1., except that such amendment may exclude information which is unavailable pending the determination of an inquest under s. 979.04 968.015.

SB82,60 Section 60. 71.78 (4) (n) of the statutes is amended to read:

SB82,40,23 71.78 (4) (n) The state public defender and the department of administration for the purpose of collecting payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e), or 977.076 (1).

SB82,61 Section 61. 77.61 (12) (b) of the statutes is amended to read:

SB82,41,2 77.61 (12) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82,62 Section 62. 93.17 (2) of the statutes is amended to read:

SB82,41,5 93.17 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82,63 Section 63. 102.13 (5) of the statutes is amended to read:

SB82,41,15 102.13 (5) The department 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 at least 12 hours before the autopsy of the time and place it 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 by subch. I of ch. 968 or ch. 979. The department may withhold findings until an autopsy is held in accordance with its directions.

SB82,64 Section 64. 103.005 (20) of the statutes is amended to read:

SB82,41,21 103.005 (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).

SB82,65 Section 65. 103.10 (1m) (b) 1. of the statutes is amended to read:

SB82,41,24 103.10 (1m) (b) 1. "Domestic abuse" has the meaning given in s. 968.075 969.27 (1) (a).

SB82,66 Section 66. 110.001 (1m) of the statutes is amended to read:

SB82,42,2 110.001 (1m) "Law enforcement officer" has the meaning given in s. 967.02 (5) 967.025 (13).

SB82,67 Section 67. 110.07 (2m) of the statutes is amended to read:

SB82,42,16 110.07 (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.

SB82,68 Section 68. 110.07 (4) of the statutes is amended to read:

SB82,43,4 110.07 (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.

SB82,69 Section 69. 111.07 (2) (b) 2. of the statutes is amended to read:

SB82,43,7 111.07 (2) (b) 2. The immunity provided under subd. 1. is subject to the restrictions under s. 972.085 967.18.

SB82,70 Section 70. 128.16 (2) of the statutes is amended to read:

SB82,43,10 128.16 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82,71 Section 71. 133.15 (2) of the statutes is amended to read:

SB82,43,13 133.15 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82,72 Section 72. 134.43 (3) of the statutes is amended to read:

SB82,43,17 134.43 (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.

SB82,73 Section 73. 139.20 (2) of the statutes is amended to read:

SB82,43,20 139.20 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82,74 Section 74. 139.39 (5) (b) of the statutes is amended to read:

SB82,43,23 139.39 (5) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82,75 Section 75. 146.81 (4) of the statutes is amended to read:

SB82,44,14 146.81 (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.

SB82,76 Section 76. 146.82 (2) (c) of the statutes is amended to read:

SB82,44,20 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners and facilities in accordance with s. 971.17 (2) (e), (4) (c), and (7) (c) 975.56 (2), 975.59 (3), and 975.63 (4). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 subch. III of ch. 975.

SB82,77 Section 77. 154.30 (3) (a) 2. of the statutes is amended to read:

SB82,44,25 154.30 (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.

SB82,78 Section 78. 165.76 (1) (bm) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82,45,6 165.76 (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 subch. III of ch. 975 for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085.

SB82,79 Section 79. 165.76 (1) (br) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82,45,12 165.76 (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 subch. III of ch. 975, 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).

SB82,80 Section 80. 165.76 (1) (g) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82,45,18 165.76 (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 (1m) (a) 971.027 (7), 973.047, 975.54 (2) (a), or 980.063 to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

SB82,81 Section 81. 165.76 (1m) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82,46,5 165.76 (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 (1m) (a) 971.027 (7), 973.047, 975.54 (2) (a), 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.

SB82,82 Section 82. 165.76 (2m) (g) of the statutes is amended to read:

SB82,46,9 165.76 (2m) (g) If the person has been committed to the department of health services under s. 51.20 or 971.17 subch. III of ch. 975 or found to be a sexually violent person under ch. 980, as directed by the department of health services.

SB82,83 Section 83 . 165.76 (4) (a) and (b) of the statutes, as created by 2013 Wisconsin Act 20, are amended to read:

SB82,46,15 165.76 (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 (1m) (a) 971.027 (7), 973.047, 975.54 (2) (a), and 980.063.

SB82,46,22 (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 (1m) (a) 971.027 (7), 973.047, 975.54 (2) (a), 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).

SB82,84 Section 84. 165.76 (4) (c) of the statutes, as affected by 2013 Wisconsin Act 214, is amended to read:

SB82,47,6 165.76 (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 (1m) (a) 971.027 (7), 973.047, 975.54 (2) (a), 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.

SB82,85 Section 85 . 165.765 (1m) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

SB82,47,14 165.765 (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) 971.027 (7).

SB82,86 Section 86 . 165.765 (2) (a) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82,47,22 165.765 (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 (1m) (a) 971.027 (7), 973.047, 975.54 (2) (a), 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.

SB82,87 Section 87. 165.77 (2) (b) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82,48,3 165.77 (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 (1m) (a) 971.027 (7), 973.047, 975.54 (2) (a), or 980.063.

SB82,88 Section 88. 165.77 (2m) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB82,48,8 165.77 (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 (1m) (a) 971.027 (7), 973.047, 975.54 (2) (a), or 980.063.

SB82,89 Section 89. 165.77 (3) of the statutes, as affected by 2013 Wisconsin Act 214, is amended to read:

SB82,48,23 165.77 (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 (1m) (a) 971.027 (7), 973.047, 975.54 (2) (a), 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.