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.
AB497-SSA1,19,97 3. The person was not referred to the state public defender under sub. (9) for
8a determination of indigency and the court determines that the person does not
9possess the financial resources to pay the costs of testing.
AB497-SSA1,19,11 10(11) An appeal may be taken from an order entered under this section as from
11a final judgment.
AB497-SSA1, s. 30 12Section 30. 977.07 (1) (b) of the statutes is amended to read:
AB497-SSA1,19,1913 977.07 (1) (b) For referrals not made under ss. 809.30 and, 974.06 and 974.07,
14a representative of the state public defender is responsible for making indigency
15determinations unless the county became responsible under s. 977.07 (1) (b) 2. or 3.,
161983 stats., for these determinations. Subject to the provisions of par. (bn), those
17counties may continue to be responsible for making indigency determinations. Any
18such county may change the agencies or persons who are designated to make
19indigency determinations only upon the approval of the state public defender.
AB497-SSA1, s. 31 20Section 31. 977.07 (1) (c) of the statutes is amended to read:
AB497-SSA1,20,521 977.07 (1) (c) For all referrals made under ss. 809.30 and, 974.06 (3) (b) and
22974.07 (9)
, except a referral of a child who is entitled to be represented by counsel
23under s. 48.23 or 938.23, a representative of the state public defender shall
24determine indigency, and. For referrals made under ss. 809.30 and 974.06 (3) (b),
25except a referral of a child who is entitled to be represented by counsel under s. 48.23

1or 938.23, the representative of the state public defender
may, unless a request for
2redetermination has been filed under s. 809.30 (2) (d) or the defendant's request for
3representation states that his or her financial circumstances have materially
4improved, rely upon a determination of indigency made for purposes of trial
5representation under this section.
AB497-SSA1, s. 32 6Section 32. 978.08 of the statutes is created to read:
AB497-SSA1,20,7 7978.08 Preservation of certain evidence. (1) In this section:
AB497-SSA1,20,88 (a) "Custody" has the meaning given in s. 968.205 (1) (a).
AB497-SSA1,20,99 (b) "Discharge date" has the meaning given in s. 968.205 (1) (b).
AB497-SSA1,20,14 10(2) Except as provided in sub. (3), if physical evidence that is in the possession
11of a district attorney includes any biological material that was collected in connection
12with a criminal action or with a delinquency proceeding under ch. 938, the physical
13evidence shall be preserved until every person in custody as a result of the criminal
14action or delinquency proceeding has reached his or her discharge date.
AB497-SSA1,20,16 15(3) Subject to sub. (5), a district attorney may destroy biological material before
16the expiration of the time period specified in sub. (2) if all of the following apply:
AB497-SSA1,20,2017 (a) The district attorney sends a notice of its intent to destroy the biological
18material to all persons who remain in custody as a result of the criminal action or
19delinquency proceeding and to either the attorney of record for each person in
20custody or the state public defender.
AB497-SSA1,20,2221 (b) No person who is notified under par. (a) does either of the following within
2290 days after the date on which the person received the notice:
AB497-SSA1,20,2323 1. Files a motion for testing of the biological material under s. 974.07.
AB497-SSA1,20,2424 2. Submits a written request to preserve the evidence to the district attorney.
AB497-SSA1,21,2
1(c) No other provision of federal or state law requires the district attorney to
2preserve the biological material.
AB497-SSA1,21,7 3(4) A notice provided under sub. (3) (a) shall clearly inform the recipient that
4the biological material will be destroyed unless, within 90 days after the date on
5which the person receives the notice, either a motion for testing of the material is
6filed under s. 974.07 or a written request to preserve the evidence is submitted to the
7district attorney.
AB497-SSA1,21,12 8(5) If, after providing notice under sub. (3) (a) of its intent to destroy biological
9material, a district attorney receives a written request to preserve the evidence, the
10district attorney shall preserve the evidence until the discharge date of the person
11who made the request or on whose behalf the request was made, subject to a court
12order issued under s. 974.07 (6m), (7) or (8).
AB497-SSA1, s. 33 13Section 33. 980.101 of the statutes is created to read:
AB497-SSA1,21,19 14980.101 Reversal, vacation or setting aside of judgment relating to a
15sexually violent offense; effect.
(1) In this section, "judgment relating to a
16sexually violent offense" means a judgment of conviction for a sexually violent
17offense, an adjudication of delinquency on the basis of a sexually violent offense or
18a judgment of not guilty of a sexually violent offense by reason of mental disease or
19defect.
AB497-SSA1,21,25 20(2) If, at any time after a person is committed under s. 980.06, a judgment
21relating to a sexually violent offense committed by the person is reversed, set aside
22or vacated and that sexually violent offense was a basis for the allegation made in
23the petition under s. 980.02 (2) (a), the person may bring a motion for
24postcommitment relief in the court the committed the person. The court shall
25proceed as follows on the motion for postcommitment relief:
AB497-SSA1,22,4
1(a) If the sexually violent offense was the sole basis for the allegation under s.
2980.02 (2) (a) and there are no other judgments relating to a sexually violent offense
3committed by the person, the court shall vacate the commitment order and discharge
4the person from the custody or supervision of the department.
AB497-SSA1,22,115 (b) If the sexually violent offense was the sole basis for the allegation under s.
6980.02 (2) (a) but there are other judgments relating to a sexually violent offense
7committed by the person that have not been reversed, set aside or vacated, or if the
8sexually violent offense was not the sole basis for the allegation under s. 980.02 (2)
9(a), the court shall determine whether to grant the person a new trial under s. 980.05
10because the reversal, setting aside or vacating of the judgement for the sexually
11violent offense would probably change the result of the trial.
AB497-SSA1,22,13 12(3) An appeal may be taken from an an order entered under sub. (2) as from
13a final judgment.
AB497-SSA1, s. 34 14Section 34. 980.11 (2) (intro.) of the statutes, as affected by 1999 Wisconsin
15Act 9
, is amended to read:
AB497-SSA1,22,1816 980.11 (2) (intro.) If the court places a person on supervised release under s.
17980.08 or discharges a person under s. 980.09 or, 980.10 or 980.101 (2) (a), the
18department shall do all of the following:
AB497-SSA1, s. 35 19Section 35. Initial applicability.
AB497-SSA1,22,2220 (1) The treatment of section 939.74 (1), (2) (c) and (2d) of the statutes first
21applies to offenses not barred from prosecution on the effective date of this
22subsection.
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