(c) A law enforcement agency shall include the following information in an application for a grant under this subsection:
1. How the agency proposes to use the grant funds.
2. Procedures to be followed when recording equipment fails to operate correctly, including procedures for reporting failures, using alternative recording equipment, and repairing or replacing the equipment.
3. Procedures for storing recordings of custodial interrogations, including storage format, storage location, and indexing of recordings for retrieval.
4. Measures to prevent or detect tampering with recordings of custodial interrogations.
5. Any other information required by the office.
60,2
Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:
-
See PDF for table 
60,3
Section
3. 20.455 (2) (i) 16. of the statutes is created to read:
20.455 (2) (i) 16. The amount transferred to s. 20.505 (6) (kc) shall be the amount in the schedule under s. 20.505 (6) (kc).
60,4
Section
4. 20.505 (6) (kc) of the statutes is created to read:
20.505 (6) (kc) Grants for digital recording of custodial interrogations. The amounts in the schedule for grants to law enforcement agencies under s. 16.964 (10) for equipment or training used to digitally record custodial interrogations. All moneys transferred from the appropriation account under s. 20.455 (2) (i) 16. shall be credited to this appropriation account.
60,5
Section
5. 165.75 (3) (g) of the statutes is created to read:
165.75 (3) (g) Deoxyribonucleic acid testing ordered under s. 974.07 shall have priority, consistent with the right of a defendant or the state to a speedy trial and consistent with the right of a victim to the prompt disposition of a case.
60,6
Section
6. 165.77 (2m) (a) of the statutes is repealed.
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Section
7. 165.77 (2m) (b) of the statutes is amended to read:
165.77 (2m) (b) The If the laboratories analyze biological material pursuant to an order issued under s. 974.07 (8), the laboratories may compare the data obtained from the material received under par. (a) with 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. The laboratories shall not include data obtained from deoxyribonucleic acid analysis of material received under par. (a) that is tested pursuant to an order under s. 974.07 (8) in the data bank under sub. (3).
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Section
8. 165.81 (3) (b) of the statutes is amended to read:
165.81 (3) (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 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.
60,9
Section
9. 165.81 (3) (bm) of the statutes is created to read:
165.81 (3) (bm) The laboratories shall retain evidence to which par. (b) applies in an amount and manner sufficient to develop a deoxyribonucleic acid profile, as defined in s. 939.74 (2d) (a), from the biological material contained in or included on the evidence.
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Section
10. 165.81 (3) (c) (intro.) of the statutes is amended to read:
165.81 (3) (c) (intro.) Subject to par. (e), the department may destroy evidence that includes biological material before the expiration of the time period specified in par. (b) if all of the following apply:
60,11
Section
11. 165.81 (3) (c) 1. of the statutes is amended to read:
165.81 (3) (c) 1. The department sends a notice of its intent to destroy the biological material evidence to all persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment, and to either the attorney of record for each person in custody or the state public defender.
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Section
12. 165.81 (3) (c) 2. a. and b. of the statutes are amended to read:
165.81 (3) (c) 2. a. Files a motion for testing of the biological material evidence under s. 974.07 (2).
b. Submits a written request to preserve the biological material for retention of the evidence to the department.
60,13
Section
13. 165.81 (3) (c) 3. of the statutes is amended to read:
165.81 (3) (c) 3. No other provision of federal or state law requires the department to preserve retain the biological material evidence.
60,14
Section
14. 165.81 (3) (d) of the statutes is amended to read:
165.81 (3) (d) A notice provided under par. (c) 1. shall clearly inform the recipient that the biological material evidence will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the material evidence is filed under s. 974.07 (2) or a written request to preserve
for retention of the material evidence is submitted to the department.
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Section
15. 165.81 (3) (e) of the statutes is amended to read:
165.81 (3) (e) If, after providing notice under par. (c) 1. of its intent to destroy biological material evidence, the department receives a written request to preserve
for retention of the material evidence, the department shall preserve retain the material evidence until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the biological material evidence under s. 974.07 (9) (b) or (10) (a) 5.
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Section
16. 165.85 (3) (d) of the statutes is amended to read:
165.85 (3) (d) Establish minimum curriculum requirements for preparatory courses and programs, and recommend minimum curriculum requirements for recertification and advanced courses and programs, in schools operated by or for this state or any political subdivision of the state for the specific purpose of training law enforcement recruits, law enforcement officers, tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits, jail officers, secure detention officer recruits, or secure detention officers in areas of knowledge and ability necessary to the attainment of effective performance as an officer, and ranging from traditional subjects such as first aid, patrolling, statutory authority, techniques of arrest and, firearms, and recording custodial interrogations to subjects designed to provide a better understanding of ever-increasing complex problems in law enforcement such as human relations, civil rights, constitutional law, and supervision, control, and maintenance of a jail or secure detention facility. The board shall appoint a 13-member advisory curriculum committee consisting of 6 chiefs of police and 6 sheriffs to be appointed on a geographic basis of not more than one chief of police and one sheriff from any one of the 8 state administrative districts together with the director of training of the Wisconsin state patrol. This committee shall advise the board in the establishment of the curriculum requirements.
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Section
17. 175.50 of the statutes is created to read:
175.50 Eyewitness identification procedures. (1) In this section:
(a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
(b) "Suspect" means a person suspected of committing a crime.
(2) Each law enforcement agency shall adopt written policies for using an eyewitness to identify a suspect upon viewing the suspect in person or upon viewing a representation of the suspect. The policies shall be designed to reduce the potential for erroneous identifications by eyewitnesses in criminal cases.
(3) A law enforcement agency shall biennially review policies adopted under this section.
(4) In developing and revising policies under this section, a law enforcement agency shall consider model policies and policies adopted by other jurisdictions.
(5) A law enforcement agency shall consider including in policies adopted under this section practices to enhance the objectivity and reliability of eyewitness identifications and to minimize the possibility of mistaken identifications, including the following:
(a) To the extent feasible, having a person who does not know the identity of the suspect administer the eyewitness' viewing of individuals or representations.
(b) To the extent feasible, showing individuals or representations sequentially rather than simultaneously to an eyewitness.
(c) Minimizing factors that influence an eyewitness to identify a suspect or overstate his or her confidence level in identifying a suspect, including verbal or nonverbal reactions of the person administering the eyewitness' viewing of individuals or representations.
(d) Documenting the procedure by which the eyewitness views the suspect or a representation of the suspect and documenting the results or outcome of the procedure.
757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 25% 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.
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Section
19. 757.54 (2) (b) of the statutes is amended to read:
757.54 (2) (b) Except as provided in par. (c), if an exhibit in a criminal action or a delinquency proceeding under ch. 938 includes any biological material that was collected in connection with the action or proceeding and that is either from a victim of the offense that was the subject of the action or proceeding or may reasonably be used to incriminate or exculpate any person for the offense, the court presiding over the action or proceeding shall ensure that the exhibit is preserved retained until every person in custody as a result of the action or proceeding, or as a result of commitment under s. 980.06 that is based on a judgment of guilty or not guilty by reason of mental disease or defect in the action or proceeding, has reached his or her discharge date.
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Section
20. 757.54 (2) (bm) of the statutes is created to read:
757.54 (2) (bm) The court shall ensure that an exhibit to which par. (b) applies is retained in an amount and manner sufficient to develop a deoxyribonucleic acid profile, as defined in s. 939.74 (2d) (a), from the biological material contained in or included on the exhibit.
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Section
21. 757.54 (2) (c) (intro.) of the statutes is amended to read:
757.54 (2) (c) (intro.) Subject to par. (e), the court may destroy an exhibit that includes biological material before the expiration of the time period specified in par. (b) if all of the following apply:
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Section
22. 757.54 (2) (c) 1. of the statutes is amended to read:
757.54 (2) (c) 1. The court sends a notice of its intent to destroy the biological material exhibit to all persons who remain in custody as a result of the criminal action, delinquency proceeding, or commitment under s. 980.06 and to either the attorney of record for each person in custody or the state public defender.
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Section
23. 757.54 (2) (c) 2. a. and b. of the statutes are amended to read:
757.54 (2) (c) 2. a. Files a motion for testing of the biological material exhibit under s. 974.07 (2).
b. Submits a written request to preserve the biological material for retention of the exhibit to the court.
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Section
24. 757.54 (2) (c) 3. of the statutes is amended to read:
757.54 (2) (c) 3. No other provision of federal or state law requires the court to preserve
retention of the biological material exhibit.
60,25
Section
25. 757.54 (2) (d) of the statutes is amended to read:
757.54 (2) (d) A notice provided under par. (c) 1. shall clearly inform the recipient that the biological material exhibit will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the material exhibit is filed under s. 974.07 (2) or a written request to preserve for retention of the material exhibit is submitted to the court.
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Section
26. 757.54 (2) (e) of the statutes is amended to read:
757.54 (2) (e) If, after providing notice under par. (c) 1. of its intent to destroy biological material an exhibit, a court receives a written request to preserve for retention of the material exhibit, the court shall preserve the material ensure that the exhibit is retained until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the biological material exhibit under s. 974.07 (9) (b) or (10) (a) 5.
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Section
27. 938.195 of the statutes is created to read:
938.195 Recording custodial interrogations. (1) In this section:
(a) "Custodial interrogation" has the meaning give in s. 968.073 (1) (a).
(b) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
(c) "Place of detention" means a secure detention facility, jail, municipal lockup facility, or secured correctional facility, or a police or sheriff's office or other building under the control of a law enforcement agency, at which juveniles are held in custody in connection with an investigation of a delinquent act.
(2) (a) A law enforcement agency shall make an audio or audio and visual recording of any custodial interrogation of a juvenile that is conducted at a place of detention unless a condition under s. 938.31 (3) (c) 1. to 5. applies.
(b) If feasible, a law enforcement agency shall make an audio or audio and visual recording of any custodial interrogation of a juvenile that is conducted at a place other than a place of detention unless a condition under s. 938.31 (3) (c) 1. to 5. applies.
(3) A law enforcement officer or agent of a law enforcement agency conducting a custodial interrogation is not required to inform the subject of the interrogation that the officer or agent is making an audio or audio and visual recording of the interrogation.
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Section
28. 938.31 (3) of the statutes is created to read:
938.31 (3) (a) In this subsection:
1. "Custodial interrogation" has the meaning given in 968.073 (1) (a).
2. "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
3. "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
4. "Statement" has the meaning given in s. 972.115 (1) (d).
(b) Except as provided under par. (c), a statement made by the juvenile during a custodial interrogation is not admissible in evidence against the juvenile in any court proceeding alleging the juvenile to be delinquent unless an audio or audio and visual recording of the interrogation was made as required under s. 938.195 (2) and is available.
(c) A juvenile's statement is not inadmissible in evidence under par. (b) if any of the following applies or if other good cause exists for not suppressing a juvenile's statement under par. (b):
1. The juvenile refused to respond or cooperate in the custodial interrogation if an audio or audio and visual recording was made of the interrogation so long as a law enforcement officer or agent of a law enforcement agency made a contemporaneous audio or audio and visual recording or written record of the juvenile's refusal.
2. The statement was made in response to a question asked as part of the routine processing after the juvenile was taken into custody.
3. The law enforcement officer or agent of a law enforcement agency conducting the interrogation in good faith failed to make an audio or audio and visual recording of the interrogation because the recording equipment did not function, the officer or agent inadvertently failed to operate the equipment properly, or, without the officer's or agent's knowledge, the equipment malfunctioned or stopped operating.
4. The statement was made spontaneously and not in response to a question by a law enforcement officer or agent of a law enforcement agency.
5. Exigent public safety circumstances existed that prevented the making of an audio or audio and visual recording or rendered the making of such a recording infeasible.
(d) Notwithstanding ss. 968.28 to 968.37, a juvenile's lack of consent to having an audio or audio and visual recording made of a custodial interrogation does not affect the admissibility in evidence of an audio or audio and visual recording of a statement made by the juvenile during the interrogation.
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Section
29. 939.74 (2d) (am) of the statutes is created to read:
