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LRB-2580/1
MLJ:cdc
2021 - 2022 LEGISLATURE
April 8, 2021 - Introduced by Senators Darling, Cowles, Jacque, Marklein and
Wanggaard, cosponsored by Representatives Tittl, Brandtjen, Gundrum,
Knodl, Moses, Mursau, Rozar, J. Rodriguez and Bowen. Referred to
Committee on Judiciary and Public Safety.
SB299,1,3 1An Act to amend 165.76 (1) (f), 304.137 (2) (title) and 304.137 (2); and to create
2165.76 (1) (fm) and 304.137 (3) of the statutes; relating to: submission of
3human biological specimens to the state crime laboratories.
Analysis by the Legislative Reference Bureau
Under current law, a person who is on probation, extended supervision, or
parole in another state who moves to Wisconsin and who will be supervised by the
Department of Corrections is required to provide a human biological specimen to the
state crime laboratories for DNA analysis if one of the following applies: 1) he or she
was placed under supervision before January 1, 2000, for a crime that is comparable
to first or second degree sexual assault in Wisconsin, or 2) he or she was placed under
supervision on or after January 1, 2000, for a crime that DOC determines would
constitute a felony if committed by an adult in Wisconsin.
This bill requires any person who was placed on probation, extended
supervision, or parole in another state on or after April 1, 2015, who moves to
Wisconsin and who will be supervised by DOC to provide a human biological
specimen to the state crime laboratories for DNA analysis, irrespective of the crime
for which he or she was placed on probation, extended supervision, or parole in the
other state.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB299,1
1Section 1. 165.76 (1) (f) of the statutes is amended to read:
SB299,2,72 165.76 (1) (f) Is or was released on parole or extended supervision or placed on
3probation in another state on or after January 1, 2000 and before April 1, 2015, and
4is or was on parole, extended supervision, or probation in this state from the other
5state under s. 304.13 (1m), 304.135, or 304.16 for a violation of the law of the other
6state that the department of corrections determines, under s. 304.137 (2), would
7constitute a felony if committed by an adult in this state.
SB299,2 8Section 2. 165.76 (1) (fm) of the statutes is created to read:
SB299,2,129 165.76 (1) (fm) Is or was released on parole or extended supervision or placed
10on probation in another state on or after April 1, 2015, and is or was on parole,
11extended supervision, or probation in this state from the other state under s. 304.13
12(1m), 304.135, or 304.16.
SB299,3 13Section 3. 304.137 (2) (title) of the statutes is amended to read:
SB299,2,1514 304.137 (2) (title) Persons released or placed on probation on or after
15January 1, 2000
, and before April 1, 2015 .
SB299,4 16Section 4. 304.137 (2) of the statutes is amended to read:
SB299,3,217 304.137 (2) If the department accepts supervision of a probationer, person on
18extended supervision, or parolee from another state under s. 304.13 (1m), 304.135,
19or 304.16 and the person was placed on probation or released on parole or extended
20supervision on or after January 1, 2000 and before April 1, 2015, the department
21shall determine whether the violation of law for which the person is on probation,
22extended supervision, or parole would constitute a felony if committed by an adult
23in this state. If the department determines that a person on probation, extended
24supervision, or parole from another state who is subject to this subsection violated
25a law that would constitute a felony if committed by an adult in this state, the

1department shall direct the probationer, person on extended supervision, or parolee
2to provide a biological specimen under s. 165.76.
SB299,5 3Section 5. 304.137 (3) of the statutes is created to read:
SB299,3,94 304.137 (3) Persons released or placed on probation on or after April 1, 2015.
5 If the department accepts supervision of a probationer, person on extended
6supervision, or parolee from another state under s. 304.13 (1m), 304.135, or 304.16
7and the person was placed on probation or released on parole or extended supervision
8on or after April 1, 2015, the department shall direct the probationer, person on
9extended supervision, or parolee to provide a biological specimen under s. 165.76.
SB299,3,1010 (End)
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