Amendment AA2-AB291

LRBa0599/1

RLR:jld:kjf

2001 - 2002 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO 2001 ASSEMBLY BILL 291

June 12, 2001 - Offered by Representatives Walker and Wasserman.

AB291-AA2,1,1 At the locations indicated, amend the bill as follows:

AB291-AA2,1,8 1. Page 6, line 21: delete the material beginning with "provided" and ending with "Whenever" on line 23 and substitute "provided by law, either destroy the same evidence, retain it in the laboratories, return it to the submitting officer or agency, or turn it over to the University of Wisconsin upon the request of the head of any department. Whenever of the University of Wisconsin. If the department returns the evidence to the submitting officer or agency, any action taken by the officer or agency with respect to the evidence shall be in accordance with s. 968.20.".

AB291-AA2,1,10 2. Page 8, line 12: delete the material beginning with "authorizes" and ending with "destruction" on line 13 and substitute "orders destruction or transfer".

AB291-AA2,1,11 3. Page 8, line 13: after that line insert:

AB291-AA2,2,4 "(f) Unless otherwise provided in a court order issued under s. 974.07 (9) (a) or (b) or (10) (a) 5., nothing in this subsection prohibits the laboratories from returning evidence specified under par. (c) to the agency that submitted the evidence to the laboratories. If the laboratories return evidence specified under par. (c) to a submitting agency, any action taken by the agency with respect to the evidence shall be in accordance with s. 968.205.".

AB291-AA2,2,6 4. Page 10, line 2: delete "authorizes destruction" and substitute "orders destruction or transfer".

AB291-AA2,2,8 5. Page 16, line 25: delete "authorizes destruction" and substitute "orders destruction or transfer".

AB291-AA2,2,12 6. Page 24, line 23: after "evidence." insert "The court may not issue an order under this paragraph requiring that an agency transfer evidence to a crime laboratory specified under s. 165.75 for the purpose of preservation of the evidence by the crime laboratory, unless the crime laboratory consents to the transfer.".

AB291-AA2,2,16 7. Page 25, line 2: after "determinations." insert "The court may not issue an order under this paragraph requiring that an agency transfer evidence to a crime laboratory specified under s. 165.75 for the purpose of preservation of the evidence by the crime laboratory, unless the crime laboratory consents to the transfer.".

AB291-AA2,2,18 8. Page 28, line 19: delete the material beginning with "authorizes" and ending with "destruction" on line 20 and substitute "orders destruction or transfer".

AB291-AA2,2,19 (End)