AB497-SSA1,6,2
12. No person who is notified under subd. 1. does either of the following within
290 days after the date on which the person received the notice:
AB497-SSA1,6,33 a. Files a motion for testing of the biological material under s. 974.07.
AB497-SSA1,6,44 b. Submits a written request to preserve the evidence to the court.
AB497-SSA1,6,65 3. No other provision of federal or state law requires the court to preserve the
6biological material.
AB497-SSA1,6,117 (d) A notice provided under par. (c) 1. shall clearly inform the recipient that the
8biological material will be destroyed unless, within 90 days after the date on which
9the person receives the notice, either a motion for testing of the material is filed
10under s. 974.07 or a written request to preserve the evidence is submitted to the
11court.
AB497-SSA1,6,1612 (e) If, after providing notice under par. (c) 1. of its intent to destroy biological
13material, a court receives a written request to preserve the evidence, the court shall
14preserve the evidence until the discharge date of the person who made the request
15or on whose behalf the request was made, subject to a court order issued under s.
16974.07 (6m), (7) or (8).
AB497-SSA1, s. 9 17Section 9. 801.02 (7) (a) 2. c. of the statutes is amended to read:
AB497-SSA1,6,2118 801.02 (7) (a) 2. c. A person bringing an action seeking relief from a judgment
19of conviction or a sentence of a court, including an action for an extraordinary writ
20or a supervisory writ seeking relief from a judgment of conviction or a sentence of a
21court or an action under s. 809.30, 809.40, 973.19 or , 974.06 or 974.07.
AB497-SSA1, s. 10 22Section 10. 805.15 (3) (intro.) of the statutes is amended to read:
AB497-SSA1,6,2523 805.15 (3) (intro.) A Except as provided in ss. 974.07 (8) (c) and 980.101 (2)
24(b), a
new trial shall be ordered on the grounds of newly-discovered evidence if the
25court finds that:
AB497-SSA1, s. 11
1Section 11. 805.16 (5) of the statutes is created to read:
AB497-SSA1,7,32 805.16 (5) The time limits in this section for filing motions do not apply to
3motions made under s. 974.07 or 980.101.
AB497-SSA1, s. 12 4Section 12. 808.075 (4) (h) of the statutes is amended to read:
AB497-SSA1,7,75 808.075 (4) (h) Commitment, supervised release, recommitment and discharge
6and postcommitment relief under ss. 980.06, 980.08, 980.09 and, 980.10 and 980.101
7of a person found to be a sexually violent person under ch. 980.
AB497-SSA1, s. 13 8Section 13. 809.30 (1) (a) of the statutes is amended to read:
AB497-SSA1,7,159 809.30 (1) (a) "Postconviction relief" means, in a felony or misdemeanor case,
10an appeal or a motion for postconviction relief other than a motion under s. 973.19
11or, 974.06 or 974.07. In a ch. 48, 51, 55 or 938 case, other than a termination of
12parental rights case under s. 48.43, it means an appeal or a motion for
13reconsideration by the trial court of its final judgment or order; in such cases a notice
14of intent to pursue such relief or a motion for such relief need not be styled as seeking
15"postconviction" relief.
AB497-SSA1, s. 14 16Section 14. 809.30 (2) (L) of the statutes is amended to read:
AB497-SSA1,7,1817 809.30 (2) (L) An appeal under s. 974.06 or 974.07 is governed by the
18procedures for civil appeals.
AB497-SSA1, s. 15 19Section 15. 938.46 of the statutes is amended to read:
AB497-SSA1,8,2 20938.46 New evidence. A juvenile whose status is adjudicated by the court
21under this chapter, or the juvenile's parent, guardian or legal custodian, may at any
22time within one year after the entering of the court's order petition the court for a
23rehearing on the ground that new evidence has been discovered affecting the
24advisability of the court's original adjudication. Upon a showing that such evidence

1does exist, the court shall order a new hearing. This section does not apply to motions
2made under s. 974.07.
AB497-SSA1, s. 16 3Section 16. 939.74 (1) of the statutes is amended to read:
AB497-SSA1,8,84 939.74 (1) Except as provided in sub. subs. (2), and (2d) and s. 946.88 (1),
5prosecution for a felony must be commenced within 6 years and prosecution for a
6misdemeanor or for adultery within 3 years after the commission thereof. Within the
7meaning of this section, a prosecution has commenced when a warrant or summons
8is issued, an indictment is found, or an information is filed.
AB497-SSA1, s. 17 9Section 17. 939.74 (2) (c) of the statutes is amended to read:
AB497-SSA1,8,1310 939.74 (2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a),
11948.05, 948.06, 948.07 (1), (2), (3) or (4), 948.08 or 948.095 shall be commenced before
12the victim reaches the age of 31 years or be barred, except as provided in sub. (2d)
13(d)
.
AB497-SSA1, s. 18 14Section 18. 939.74 (2d) of the statutes is created to read:
AB497-SSA1,8,1715 939.74 (2d) (a) In this subsection, "deoxyribonucleic acid profile" means any
16analysis of deoxyribonucleic acid that results in the identification of an individual's
17patterned chemical structure of genetic information.
AB497-SSA1,9,518 (b) In a case in which the state has evidence of a deoxyribonucleic acid profile
19of a person and the state believes the evidence may identify a person who committed
20a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025 but comparisons of the
21evidence to deoxyribonucleic acid profiles of known persons have not resulted in a
22probable identification of the person, the state may, before the expiration of the time
23limit under sub. (1) or (2) (c), whichever is applicable, request the circuit court in the
24county in which the violation is believed to have been committed to determine
25whether there is probable cause to believe that the evidence of the deoxyribonucleic

1acid profile is evidence of the identification of a person who committed the violation.
2A request under this paragraph shall be made and heard ex parte. The court shall
3make a written record of the proceeding that shall remain secret unless a prosecution
4for the violation is commenced, in which case the record shall be made available to
5both the state and any defendant in that prosecution.
AB497-SSA1,9,126 (c) Notwithstanding that the time limitation under sub. (1) has expired, if the
7state has evidence of a deoxyribonucleic acid profile of a person and a court found
8under par. (b) that there is probable cause to believe that the evidence of the
9deoxyribonucleic acid profile is evidence of the identification of a person who
10committed a violation of s. 940.225 (1) or (2), a prosecution for the violation may be
11commenced within one year after a comparison of the deoxyribonucleic acid profile
12evidence relating to the violation results in a probable identification of the person.
AB497-SSA1,9,2013 (d) Notwithstanding that the time limitation under sub. (2) (c) has expired, if
14the state has evidence of a deoxyribonucleic acid profile of a person and a court found
15under par. (b) that there is probable cause to believe that the evidence of the
16deoxyribonucleic acid profile is evidence of the identification of a person who
17committed a violation of s. 948.02 (1) or (2) or 948.025, a prosecution for the violation
18may be commenced within one year after a comparison of the deoxyribonucleic acid
19profile evidence relating to the violation results in a probable identification of the
20person.
AB497-SSA1, s. 19 21Section 19. 950.04 (1v) (s) of the statutes is amended to read:
AB497-SSA1,9,2522 950.04 (1v) (s) To have any stolen or other personal property expeditiously
23returned by law enforcement agencies when no longer needed as evidence , subject
24to s. 968.205
. If feasible, all such property, except weapons, currency, contraband,
25property subject to evidentiary analysis, property subject to preservation under s.

1968.205
and property the ownership of which is disputed, shall be returned to the
2person within 10 days of being taken.
AB497-SSA1, s. 20 3Section 20. 950.04 (1v) (xm) of the statutes, as affected by 1999 Wisconsin Act
49
, is amended to read:
AB497-SSA1,10,75 950.04 (1v) (xm) To have the department of health and family services make
6a reasonable attempt to notify the victim under s. 980.11 regarding supervised
7release under s. 980.08 and discharge under s. 980.09 or , 980.10 or 980.101 (2) (a).
AB497-SSA1, s. 21 8Section 21. 950.04 (1v) (yd) of the statutes is created to read:
AB497-SSA1,10,129 950.04 (1v) (yd) To have the appropriate clerk of court make a reasonable
10attempt to send the victim a copy of a motion made under s. 974.07 for postconviction
11deoxyribonucleic acid testing of certain evidence and notification of any hearing on
12that motion, as provided under s. 974.07 (4).
AB497-SSA1, s. 22 13Section 22. 968.20 (1) (intro.) of the statutes, as affected by 1997 Wisconsin
14Act 192
, is amended to read:
AB497-SSA1,10,2315 968.20 (1) (intro.) Any person claiming the right to possession of property
16seized pursuant to a search warrant or seized without a search warrant may apply
17for its return to the circuit court for the county in which the property was seized or
18where the search warrant was returned. The court shall order such notice as it
19deems adequate to be given the district attorney and all persons who have or may
20have an interest in the property and shall hold a hearing to hear all claims to its true
21ownership. If the right to possession is proved to the court's satisfaction, it shall
22order the property, other than contraband or property covered under sub. (1m) or (1r)
23or s. 173.12 or, 173.21 (4) (b) or 968.205, returned if:
AB497-SSA1, s. 23 24Section 23. 968.20 (2) of the statutes, as affected by 1997 Wisconsin Act 192,
25is amended to read:
AB497-SSA1,11,4
1968.20 (2) Property not required for evidence or use in further investigation,
2unless contraband or property covered under sub. (1m) or (1r) or s. 173.12 or 968.205,
3may be returned by the officer to the person from whom it was seized without the
4requirement of a hearing.
AB497-SSA1, s. 24 5Section 24. 968.20 (4) of the statutes is amended to read:
AB497-SSA1,11,156 968.20 (4) Any property seized, other than property covered under s. 968.205,
7which poses a danger to life or other property in storage, transportation or use and
8which is not required for evidence or further investigation shall be safely disposed
9of upon command of the person in whose custody they are committed. The city,
10village, town or county shall by ordinance or resolution establish disposal
11procedures. Procedures may include provisions authorizing an attempt to return to
12the rightful owner substances which have a commercial value in normal business
13usage and do not pose an immediate threat to life or property. If enacted, any such
14provision shall include a presumption that if the substance appears to be or is
15reported stolen an attempt will be made to return the substance to the rightful owner.
AB497-SSA1, s. 25 16Section 25. 968.205 of the statutes is created to read:
AB497-SSA1,11,17 17968.205 Preservation of certain evidence. (1) In this section:
AB497-SSA1,11,2518 (a) "Custody" means actual custody of a person under a sentence of
19imprisonment, custody of a probationer, parolee or person on extended supervision
20by the department of corrections, actual or constructive custody of a person pursuant
21to a dispositional order under ch. 938, supervision of a person, whether in
22institutional care or on conditional release, pursuant to a commitment order under
23s. 971.17 and supervision of a person under ch. 980, whether in detention before trial
24or while in institutional care or on supervised release pursuant to a commitment
25order.
AB497-SSA1,12,5
1(b) "Discharge date" means the date on which a person is released or discharged
2from custody that resulted from a criminal action, a delinquency proceeding under
3ch. 938 or a commitment proceeding under s. 971.17 or ch. 980 or, if the person is
4serving consecutive sentences of imprisonment, the date on which the person is
5released or discharged from custody under all of the sentences.
AB497-SSA1,12,10 6(2) Except as provided in sub. (3), if physical evidence that is in the possession
7of a law enforcement agency includes any biological material that was collected in
8connection with a criminal action or with a delinquency proceeding under ch. 938,
9the physical evidence shall be preserved until every person in custody as a result of
10the criminal action or delinquency proceeding has reached his or her discharge date.
AB497-SSA1,12,13 11(3) Subject to sub. (5), a law enforcement agency may destroy biological
12material before the expiration of the time period specified in sub. (2) if all of the
13following apply:
AB497-SSA1,12,1714 (a) The law enforcement agency sends a notice of its intent to destroy the
15biological material to all persons who remain in custody as a result of the criminal
16action or delinquency proceeding and to either the attorney of record for each person
17in custody or the state public defender.
AB497-SSA1,12,1918 (b) No person who is notified under par. (a) does either of the following within
1990 days after the date on which the person received the notice:
AB497-SSA1,12,2020 1. Files a motion for testing of the biological material under s. 974.07.
AB497-SSA1,12,2221 2. Submits a written request to preserve the evidence to the law enforcement
22agency or district attorney.
AB497-SSA1,12,2423 (c) No other provision of federal or state law requires the law enforcement
24agency to preserve the biological material.
AB497-SSA1,13,5
1(4) A notice provided under sub. (3) (a) shall clearly inform the recipient that
2the biological material will be destroyed unless, within 90 days after the date on
3which the person receives the notice, either a motion for testing of the material is
4filed under s. 974.07 or a written request to preserve the evidence is submitted to the
5law enforcement agency.
AB497-SSA1,13,10 6(5) If, after providing notice under sub. (3) (a) of its intent to destroy biological
7material, a law enforcement agency receives a written request to preserve the
8evidence, the law enforcement agency shall preserve the evidence until the discharge
9date of the person who made the request or on whose behalf the request was made,
10subject to a court order issued under s. 974.07 (6m), (7) or (8).
AB497-SSA1, s. 26 11Section 26. 971.04 (3) of the statutes is amended to read:
AB497-SSA1,14,312 971.04 (3) If the defendant is present at the beginning of the trial and
13thereafter, during the progress of the trial or before the verdict of the jury has been
14returned into court, voluntarily absents himself or herself from the presence of the
15court without leave of the court, the trial or return of verdict of the jury in the case
16shall not thereby be postponed or delayed, but the trial or submission of said case to
17the jury for verdict and the return of verdict thereon, if required, shall proceed in all
18respects as though the defendant were present in court at all times. A defendant
19need not be present at the pronouncement or entry of an order granting or denying
20relief under s. 974.02 or, 974.06 or 974.07. If the defendant is not present, the time
21for appeal from any order under ss. 974.02 and, 974.06 and 974.07 shall commence
22after a copy has been served upon the attorney representing the defendant, or upon
23the defendant if he or she appeared without counsel. Service of such an order shall
24be complete upon mailing. A defendant appearing without counsel shall supply the
25court with his or her current mailing address. If the defendant fails to supply the

1court with a current and accurate mailing address, failure to receive a copy of the
2order granting or denying relief shall not be a ground for tolling the time in which
3an appeal must be taken.
AB497-SSA1, s. 27 4Section 27. 974.02 (1) of the statutes is amended to read:
AB497-SSA1,14,135 974.02 (1) A motion for postconviction relief other than under s. 974.06 or
6974.07
by the defendant in a criminal case shall be made in the time and manner
7provided in ss. 809.30 and 809.40. An appeal by the defendant in a criminal case from
8a judgment of conviction or from an order denying a postconviction motion or from
9both shall be taken in the time and manner provided in ss. 808.04 (3), 809.30 and
10809.40. An appeal of an order or judgment on habeas corpus remanding to custody
11a prisoner committed for trial under s. 970.03 shall be taken under ss. 808.03 (2) and
12809.50, with notice to the attorney general and the district attorney and opportunity
13for them to be heard.
AB497-SSA1, s. 28 14Section 28. 974.05 (1) (b) of the statutes is amended to read:
AB497-SSA1,14,1615 974.05 (1) (b) Order granting postconviction relief under s. 974.02 or, 974.06
16or 974.07.
AB497-SSA1, s. 29 17Section 29. 974.07 of the statutes is created to read:
AB497-SSA1,14,21 18974.07 Motion for postconviction deoxyribonucleic acid testing of
19certain evidence.
(1) In this section, "government agency" means any department
20or agency of the federal government, of this state or of a city, village, town or county
21in this state.
AB497-SSA1,15,2 22(2) At any time after being convicted of a crime, adjudicated delinquent or
23found not guilty by reason of mental disease or defect, a person may make a motion
24in the court in which he or she was convicted, adjudicated delinquent or found not

1guilty by reason of mental disease or defect for an order requiring forensic
2deoxyribonucleic acid testing of evidence to which all of the following apply:
AB497-SSA1,15,53 (a) The evidence is relevant to the investigation or prosecution that resulted
4in the conviction, adjudication or finding of not guilty by reason of mental disease or
5defect.
AB497-SSA1,15,76 (b) The evidence is in the actual or constructive possession of a government
7agency.
AB497-SSA1,15,128 (c) The evidence has not previously been subjected to forensic deoxyribonucleic
9acid testing or, if the evidence has previously been tested, it may now be subjected
10to another test using a scientific technique that was not available at the time of the
11previous testing and that provides a reasonable likelihood of more accurate and
12probative results.
AB497-SSA1,15,21 13(3) A person who makes a motion under this section or, if applicable, his or her
14attorney shall serve a copy of the motion on the district attorney's office that
15prosecuted the case that resulted in the conviction, adjudication or finding of not
16guilty by reason of mental disease or defect. The court in which the motion is made
17shall also notify the appropriate district attorney's office that a motion has been
18made under this section and shall give the district attorney an opportunity to
19respond to the motion. Failure by a person making a motion under this section to
20serve a copy of the motion on the appropriate district attorney's office does not
21deprive the court of jurisdiction and is not grounds for dismissal of the motion.
AB497-SSA1,16,5 22(4) (a) The clerk of the circuit court in which a motion made under this section
23shall send a copy of the motion and, if a hearing is scheduled, a notice of the hearing
24on the motion to the victim of the crime or delinquent act committed by the person
25who made the motion, if the clerk is able to determine an address for the victim. The

1clerk of the circuit court shall make a reasonable attempt to send the copy of the
2motion to the address of the victim within 7 days of the date on which the motion is
3filed and shall make a reasonable attempt to send a notice of hearing, if a hearing
4is scheduled, to the address of the victim, postmarked at least 10 days before the date
5of the hearing.
AB497-SSA1,16,126 (b) Notwithstanding the limitation on the disclosure of mailing addresses from
7completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046
8(4) (d), 301.048 (4m) (d), 301.38 (4), 302.115 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2),
9971.17 (6m) (d) and 980.11 (4), the department of corrections, the parole commission
10and the department of health and family services shall, upon request, assist clerks
11of court in obtaining information regarding the mailing address of victims for the
12purpose of sending copies of motions and notices of hearings under par. (a).
AB497-SSA1,16,18 13(5) Upon receiving under sub. (3) a copy of a motion made under this section
14or notice from a court that a motion has been made, whichever occurs first, the
15district attorney shall take all actions necessary to ensure that all biological material
16that was collected in connection with the investigation or prosecution of the case and
17that remains in the actual or constructive custody of a government agency is
18preserved pending completion of the proceedings under this section.
AB497-SSA1,16,20 19(6) A court in which a motion under this section is filed shall order forensic
20deoxyribonucleic acid testing if all of the following apply:
AB497-SSA1,16,2321 (a) The person making the motion claims that he or she is actually innocent of
22the offense for which he or she was convicted, found not guilty by reason of mental
23disease or defect or adjudicated delinquent.
AB497-SSA1,17,224 (b) The court determines either that the chain of custody of the evidence to be
25tested establishes that the evidence has not been tampered with, replaced or altered

1in any material respect or, if the chain of custody cannot establish the integrity of the
2evidence, that the testing itself can establish the integrity of the evidence.
AB497-SSA1,17,43 (c) The court determines that the testing may produce noncumulative evidence
4that is relevant to the person's assertion of actual innocence.
AB497-SSA1,17,9 5(6m) If a court in which a motion under this section is filed does not order
6forensic deoxyribonucleic acid testing, the court shall determine the disposition of
7the evidence that the motion seeks to have tested and, if the evidence is to be
8preserved, by whom and for how long. The court shall issue appropriate orders
9concerning the disposition of the evidence based on its determinations.
AB497-SSA1,17,14 10(7) The court may impose reasonable conditions on any testing ordered under
11this section in order to protect the integrity of the evidence and the testing process.
12If appropriate and if stipulated to by the person who made the motion under this
13section and the district attorney, the court may order the state crime laboratories to
14perform the testing as provided under s. 165.77 (2m).
AB497-SSA1,17,20 15(8) (a) If the results of forensic deoxyribonucleic acid testing ordered under this
16section are unfavorable to the person who made the motion for testing, the court shall
17determine the disposition of any evidence that remains after the completion of the
18testing and, if the evidence is to be preserved, by whom and for how long. The court
19shall issue appropriate orders concerning the disposition of the evidence based on its
20determinations.
AB497-SSA1,18,221 (b) If the results of forensic deoxyribonucleic acid testing ordered under this
22section are favorable to the person who made the motion for testing, the court shall
23schedule a hearing to determine the appropriate relief to be granted to the person.
24After the hearing, and based on the results of the testing and any evidence or other

1matter presented at the hearing, the court shall enter any order that serves the
2interests of justice, including any of the following:
AB497-SSA1,18,53 1. An order setting aside or vacating the person's judgment of conviction,
4judgment of not guilty by reason of mental disease or defect or adjudication of
5delinquency.
AB497-SSA1,18,66 2. An order granting the person a new trial or fact-finding hearing.
AB497-SSA1,18,87 3. An order granting the person a new sentencing hearing, commitment
8hearing or dispositional hearing.
AB497-SSA1,18,109 4. An order discharging the person from custody, as defined in s. 968.205 (1) (a),
10if the person is in custody.
AB497-SSA1,18,1311 5. An order specifying the disposition of any evidence that remains after the
12completion of the testing and, if the evidence is to be preserved, by whom and for how
13long.
AB497-SSA1,18,1514 (c) A court may order a new trial under par. (b) without making the findings
15specified in s. 805.15 (3) (a) and (b).
AB497-SSA1,18,19 16(9) A court considering a motion made under this section by a person who is
17not represented by counsel shall, if the person claims or appears to be indigent, refer
18the person to the state public defender for determination of indigency and
19appointment of counsel under s. 977.05 (4) (j).
AB497-SSA1,18,24 20(10) (a) The court may order a person who makes a motion under this section
21to pay the costs of any testing ordered by the court under this section if the court
22determines that the person is not indigent. If the court determines that the person
23is indigent, the court shall order the costs of the testing to be paid for from the
24appropriation account under s. 20.410 (1) (be).
AB497-SSA1,18,2525 (b) A person is indigent for purposes of par. (a) if any of the following apply:
AB497-SSA1,19,2
11. The person was referred to the state public defender under sub. (9) for a
2determination of indigency and was found to be indigent.
AB497-SSA1,19,63 2. The person was referred to the state public defender under sub. (9) for a
4determination of indigency but was found not to be indigent, and the court
5determines that the person does not possess the financial resources to pay the costs
6of testing.
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