2017 - 2018 LEGISLATURE
March 9, 2018 - Introduced by Representatives Genrich, Anderson, Berceau and
Sinicki. Referred to Committee on Criminal Justice and Public Safety.
1An Act to create
165.77 (2) (a) 1. d. and 979.01 (3s) of the statutes;
2requiring a coroner or medical examiner to submit to the state crime
3laboratories DNA samples from certain deceased persons.
Analysis by the Legislative Reference Bureau
Current law requires notification of the sheriff, police chief, or medical
examiner or coroner of certain deaths, such as deaths in which there are
unexplained, unusual, or suspicious circumstances; homicides or suicides; deaths
that follow an accident or that are due to poisoning; or deaths for which there was
no physician in attendance within 30 days preceding the death. In such deaths, the
coroner or medical examiner must take any specimens or other material to help
determine the cause of death upon request of a family member of the deceased
Under this bill, following such a death, the coroner or medical examiner must,
unless a family member objects, submit a biological specimen to the state crime
laboratories in the Department of Justice for analysis and inclusion in its data bank.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
165.77 (2) (a) 1. d. of the statutes is created to read:
(a) 1. d. A request from the coroner or medical examiner under s. 3
979.01 (3s) of the statutes is created to read:
In all cases of death reportable under sub. (1), the coroner or 6
medical examiner shall submit a biological specimen of the deceased individual's 7
deoxyribonucleic acid to the state crime laboratories under s. 165.77 (2) (a) 1. d. 8
unless the spouse, parent, child, or sibling of the deceased person objects to the 9
submittal. A specimen taken under this subsection is not admissible in evidence in 10
any civil action against the deceased or the deceased's estate, as the result of any act 11
of the deceased.
(1) This act first applies to a death that occurs on the effective date of this 14