2013 WISCONSIN ACT 214
An Act to repeal 165.85 (4m);
to renumber 62.09 (15);
to renumber and amend 61.28, 165.84 (7) (am) 1., 2., 3. and 4., 165.84 (7) (bm) 1., 165.84 (7) (bm) 2. and 165.85 (3) (d);
to consolidate, renumber and amend 165.84 (7) (a) and (b);
to amend 29.921 (5), 40.02 (48) (b) 4., 60.22 (4), 110.07 (1) (a) (intro.), 110.07 (6), 165.76 (1) (gm), 165.76 (4) (c), 165.77 (3), 165.77 (4) (am) 2. a., 165.77 (4) (am) 2. b., 165.77 (4) (am) 2. c., 165.77 (4) (am) 2. d., 165.77 (4) (am) 3. a., 165.77 (4) (am) 3. b., 165.77 (4) (am) 3. c., 165.77 (4) (am) 3. d., 165.84 (7) (am) (intro.), 165.84 (7) (c) 1., 165.85 (2) (d), 165.85 (3) (cm), 165.85 (5) (title), 165.85 (5) (b), 165.86 (1) (c), 165.92 (2) (a), 175.41 (3) (c), 895.46 (1) (b) 1., 938.21 (1m), 938.30 (2m), 939.22 (37) and 970.02 (8);
to repeal and recreate 165.85 (4) and 165.85 (5) (a);
to create 61.28 (2), 61.29 (3), 62.09 (15) (a), 165.77 (4) (ag), 165.84 (7) (ab), 165.85 (2) (bv), 165.85 (2) (bx), 165.85 (2) (cm), 165.85 (2) (e), 165.85 (2) (f) and 165.85 (3) (d) 1. to 3. of the statutes; and
to affect 2013 Wisconsin Act 20, section
9326 (1) (h);
relating to: law enforcement standards, deoxyribonucleic acid submission and testing and the deoxyribonucleic acid analysis surcharge, collection of deoxyribonucleic acid at arrest, and requiring the exercise of rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
214,1
Section
1. 29.921 (5) of the statutes is amended to read:
29.921 (5) Additional arrest powers. In addition to the arrest powers under sub. (1), a warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under s. 165.85 (4) (b) (a) 1. and has complied with any applicable requirements under s. 165.85 (4) (bn) 1.
(a) 7. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency as defined under s. 165.83 (1) (b) 165.85 (2) (bv) including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony or may arrest a person who has committed a crime in the presence of the warden. If the warden makes an arrest without the presence of another law enforcement agency, the warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The warden shall be available as a witness for the state. A warden may not conduct investigations for violations of state law except as authorized in ss. 23.11 (4), 29.924 (1) and 41.41 (12). A warden acting under the authority of this subsection is considered an employee of the department and is subject to its direction, benefits and legal protection. The authority granted in this section does not apply to county conservation wardens or special conservation wardens.
214,2
Section
2. 40.02 (48) (b) 4. of the statutes is amended to read:
40.02 (48) (b) 4. A "member of the state traffic patrol" includes one division administrator in the department of transportation who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol, if the division administrator is certified by the law enforcement standards board under s. 165.85 (4) (b) (a) 1. as being qualified to be a law enforcement officer.
214,3
Section
3. 60.22 (4) of the statutes is amended to read:
60.22 (4) Jurisdiction of constable. Shall determine the jurisdiction and duties of the town constable. The town board may also require the town constable to complete training under s. 165.85 (4m) A town constable who is given law enforcement duties by the town board, and who meets the definition of a law enforcement officer under s. 165.85 (2) (c), shall comply with the minimum employment standards for law enforcement officers established by the law enforcement standards board and shall complete training under s. 165.85 (4) (a) 1.
214,4
Section
4. 61.28 of the statutes is renumbered 61.28 (1) and amended to read:
61.28 (1) The village marshal shall execute and file an official bond. The marshal shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon constables, and be taken as included in all writs and papers addressed to constables. The marshal shall obey all lawful written orders of the village board; and arrest with or without process every person found in the village engaged in any disturbance of the peace or violating any law of the state or ordinance of the village. The marshal may command all persons present in that case to assist, and if any person, being so commanded, refuses or neglects to render assistance the person shall forfeit not exceeding $10. The marshal is entitled to the same fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under s. 814.705 (1) (c); for other service rendered the village, compensation as the board fixes.
214,5
Section
5. 61.28 (2) of the statutes is created to read:
61.28 (2) A village marshal who is given law enforcement duties by the village board, and who meets the definition of a law enforcement officer under s. 165.85 (2) (c), shall comply with the minimum employment standards for law enforcement officers established by the law enforcement standards board and shall complete training under s. 165.85 (4) (a) 1.
214,6
Section
6. 61.29 (3) of the statutes is created to read:
61.29 (3) A village constable who is given law enforcement duties by the village board, and who meets the definition of a law enforcement officer under s. 165.85 (2) (c), shall comply with the minimum employment standards for law enforcement officers established by the law enforcement standards board and shall complete training under s. 165.85 (4) (a) 1.
214,7
Section
7. 62.09 (15) of the statutes is renumbered 62.09 (15) (b).
214,8
Section
8. 62.09 (15) (a) of the statutes is created to read:
62.09 (15) (a) A constable who is given law enforcement duties by the common council, and who meets the definition of a law enforcement officer under s. 165.85 (2) (c), shall comply with the minimum employment standards for law enforcement officers established by the law enforcement standards board and shall complete training under s. 165.85 (4) (a) 1.
214,9
Section
9. 110.07 (1) (a) (intro.) of the statutes is amended to read:
110.07 (1) (a) (intro.) The secretary shall employ not more than 399 traffic officers. The state traffic patrol consists of the traffic officers, the person designated to head them whose position shall be in the classified service and, if certified under s. 165.85 (4) (b) (a) 1. as qualified to be a law enforcement officer, the division administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol. The division administrator may not be counted under this paragraph. Members of the state traffic patrol shall:
214,10
Section
10. 110.07 (6) of the statutes is amended to read:
110.07 (6) The division administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol shall be designated superintendent of the state traffic patrol, if he or she is certified under s. 165.85 (4) (b) (a) 1. as qualified to be a law enforcement officer.
165.76 (1) (gm) Is arrested for a felony violent crime, as defined in s. 165.84 (7) (ab), or is taken into custody for a juvenile offense that would be a felony violent crime, as defined in s. 165.84 (7) (ab), if committed by an adult in this state, and s. 165.84 (7) (am) 1., 2., 3., or 4. applies to the person.
165.76
(4) (c) Allow a biological specimen, or data obtained from analysis of a biological specimen, obtained under this section
or, under s. 51.20 (13) (cr),
165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, 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.
165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7) (am), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, 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.
214,10re
Section 10re. 165.77 (4) (ag) of the statutes is created to read:
165.77 (4) (ag) In this subsection, "violent crime" has the meaning given in s. 165.84 (7) (ab).
165.77 (4) (am) 2. a. All charges filed in connection with the arrest and all charges for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8) have been dismissed.
165.77 (4) (am) 2. b. The trial court reached final disposition for all charges in connection with the arrest and for any charges for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8), and the person was not adjudged guilty of a violent crime in connection with the arrest or any such charge for which the person was required to provide a biological specimen under s. 970.02 (8).
165.77 (4) (am) 2. c. At least one year has passed since the arrest and the person has not been charged with a violent crime in connection with the arrest.
165.77 (4) (am) 2. d. The person was adjudged guilty of a violent crime in connection with either the arrest or any charge for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8), and all such convictions for a violent crime have been reversed, set aside, or vacated.
165.77 (4) (am) 3. a. All criminal complaints or delinquency petitions that allege that the person committed a violation that would be a felony violent crime if committed by an adult in this state and that are in connection with the taking into custody have been dismissed.
165.77 (4) (am) 3. b. The trial court reached final disposition for all allegations that the person committed a violation that would be a felony violent crime if committed by an adult in this state that are in connection with the taking into custody, and the person was not convicted or adjudged delinquent for an offense a violation that would be a felony violent crime if committed by an adult in this state that is in connection with the taking into custody.
165.77 (4) (am) 3. c. At least one year has passed since the person was taken into custody and no criminal complaint or delinquency petition alleging that the person committed a violation that would be a felony
violent crime if committed by an adult in this state has been filed against the person in connection with the taking into custody.
165.77 (4) (am) 3. d. The person was convicted or adjudged delinquent for a violation that would be a felony violent crime if committed by an adult in this state and that is in connection with the taking into custody, and the conviction or delinquency adjudication has been reversed, set aside, or vacated.
214,10rs
Section 10rs. 165.84 (7) (a) and (b) of the statutes, as created by
2013 Wisconsin Act 20, are consolidated, renumbered 165.84 (7) (ah) and amended to read:
165.84 (7) (ah) Subject to rules promulgated by the department of justice under s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement agencies shall obtain, when the individual's fingerprints or other identifying data are obtained, a biological specimen for deoxyribonucleic acid analysis from each individual arrested for a felony violent crime and each individual taken into custody for a juvenile offense that would be a felony violent crime if committed by an adult in this state. (b) Biological samples required under par. (a) shall be obtained and, if par. (am) requires, submitted as The law enforcement agency shall submit the biological specimen to the crime laboratories in a manner specified in the rules promulgated by the department of justice under s. 165.76 (4).
214,10rt
Section 10rt. 165.84 (7) (ab) of the statutes is created to read:
165.84 (7) (ab) In this subsection, "violent crime" means any of the following:
1. A felony violation of s. 940.01, 940.05, 940.21, 940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.43, 940.45, 941.20, 941.21, 941.327, 943.02, 943.06, 943.10, 943.23 (1g) or (2), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or 948.30 (2).
2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08, 940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20, 940.201 (2), 940.203 (2), 940.205 (2), 940.207 (2), 940.208, 940.23, 941.30, or 948.03 (3).
3. A felony if a penalty enhancer specified in s. 939.621 could be imposed.
4. The solicitation, conspiracy, or attempt, under s. 939.30, 939.31, or 939.32, to commit a violation under subd. 1.
165.84 (7) (am) (intro.) The person in charge of the law enforcement or tribal law enforcement agency shall submit the After receiving an individual's specimen to submitted under par. (ah), the crime laboratories
for shall do one of the following:
1m. If, within the time limit under subd. 2m., the court notifies the crime laboratories under par. (bm) that any of the following applies, analyze the deoxyribonucleic acid analysis in the specimen and inclusion of include the individual's deoxyribonucleic acid profile in the data bank under s. 165.77 (3) only if any of the following applies:
214,10rv
Section 10rv. 165.84 (7) (am) 1., 2., 3. and 4. of the statutes, as created by
2013 Wisconsin Act 20, are renumbered 165.84 (7) (am) 1m. a., b., c. and d., and 165.84 (7) (am) 1m. b., c. and d., as renumbered, are amended to read:
165.84 (7) (am) 1m. b. The court has made a finding that there is probable cause that the individual committed a felony violent crime or that the juvenile committed an offense that would be a felony violent crime if committed by an adult in this state.
c. The individual fails failed to appear at the initial appearance or preliminary examination or the person waives waived the preliminary examination.
d. The individual fails failed to appear for a delinquency proceeding under ch. 938.
214,10rx
Section 10rx. 165.84 (7) (bm) 1. of the statutes, as created by
2013 Wisconsin Act 20, is renumbered 165.84 (7) (bm) and amended to read:
165.84 (7) (bm) Unless par. (am) 1. applies to the individual, the The court shall notify the agency crime laboratories if par. (am) 2., 3., or 4. 1m. a., b., c., or d. applies to an individual the law enforcement or tribal law enforcement agency who has been arrested.
