Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,623,16 1335. Page 1229, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,623,17 1336. Page 1230, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,623,18 1337. Page 1231, line 1: delete lines 1 to 6.

SB55-SSA1-SA2,623,19 1338. Page 1231, line 6: after that line insert:

SB55-SSA1-SA2,623,20 " Section 3928r. 938.78 (2) (e) of the statutes is amended to read:

SB55-SSA1-SA2,624,6 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed or, if an action filed under s. 980.02 is transferred to another court under s. 980.02 (6), the court to which the action is transferred, may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.".

SB55-SSA1-SA2,624,7 1339. Page 1231, line 7: delete lines 7 to 11.

SB55-SSA1-SA2,624,9 1340. Page 1231, line 12: delete the material beginning with that line and ending with page 1232, line 7.

SB55-SSA1-SA2,624,11 1341. Page 1232, line 19: delete the material beginning with that line and ending with page 1233, line 13, and substitute:

SB55-SSA1-SA2,624,12 " Section 3936c. 939.74 (2d) of the statutes is created to read:

SB55-SSA1-SA2,624,15 939.74 (2d) (a) In this subsection, "deoxyribonucleic acid profile" means an individual's patterned chemical structure of genetic information identified by analyzing biological material that contains the individual's deoxyribonucleic acid.

SB55-SSA1-SA2,625,2 (b) If before the time limitation under sub. (1) expired, the state collected biological material that is evidence of the identity of the person who committed a violation of s. 940.225 (1) or (2), the state identified a deoxyribonucleic acid profile from the biological material, and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons did not result in a probable identification of the person who is the source of the biological material, the state may commence prosecution of the person who is the source of the biological material for violation of s. 940.225 (1) or (2) within 12 months after comparison of the deoxyribonucleic acid profile relating to the violation results in a probable identification of the person, if there is probable cause to believe that the biological material was left by the person at the time the violation was committed.

SB55-SSA1-SA2,625,13 (c) If before the time limitation under sub. (2) (c) expired, the state collected biological material that is evidence of the identity of the person who committed a violation of s. 948.02 (1) or (2) or 948.025, the state identified a deoxyribonucleic acid profile from the biological material, and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons did not result in a probable identification of the person who is the source of the biological material, the state may commence prosecution of the person who is the source of the biological material for violation of s. 948.02 (1) or (2) or 948.025 within 12 months after comparison of the deoxyribonucleic acid profile relating to the violation results in a probable identification of the person, if there is probable cause to believe that the biological material was left by the person at the time the violation was committed.".

SB55-SSA1-SA2,625,15 1342. Page 1241, line 19: delete the material beginning with that line and ending with page 1243, line 18, and substitute:

SB55-SSA1-SA2,625,16 " Section 3956f. 944.205 (2) (a) of the statutes is amended to read:

SB55-SSA1-SA2,626,2 944.205 (2) (a) Takes a photograph or makes a motion picture, videotape, or other visual representation or reproduction that depicts nudity without the knowledge and consent of the person who is depicted nude while that person is nude in a place and circumstance in which he or she has a reasonable expectation of privacy, if the person taking the photograph or making the motion picture, videotape, or other visual representation knows or has reason to know that the person who is depicted nude does not know of and consent to the taking or making of the photograph or the making of the motion picture, videotape, or other visual representation or reproduction.

SB55-SSA1-SA2, s. 3956h Section 3956h. 944.205 (2) (am) of the statutes is created to read:

SB55-SSA1-SA2,626,8 944.205 (2) (am) Makes a reproduction of a photograph, motion picture, videotape, or other visual representation that the person knows or has reason to know was made in violation of par. (a) and that depicts the nudity depicted in the representation made in violation of par. (a), if the person depicted nude in the reproduction did not consent to the making of the reproduction.

SB55-SSA1-SA2, s. 3957f Section 3957f. 944.205 (2) (b) of the statutes is amended to read:

SB55-SSA1-SA2,626,18 944.205 (2) (b) Possesses or distributes a photograph, motion picture, videotape, or other visual representation or reproduction that depicts nudity and that was taken or made without the knowledge and consent of the person who is depicted nude in violation of par. (a) or (am), if the person possessing or distributing the representation or reproduction knows or has reason to know that the photograph, motion picture, videotape, or other visual representation or reproduction was taken or made without the knowledge and consent of the person who is depicted nude in violation of par. (a) or (am) and if the person who is depicted nude in the representation or reproduction did not consent to the possession or distribution.

SB55-SSA1-SA2, s. 3958f Section 3958f. 944.205 (3) of the statutes is amended to read:

SB55-SSA1-SA2,626,25 944.205 (3) Notwithstanding sub. (2) (a), (am), and (b), if the person in a photograph, motion picture, videotape, or other visual representation or reproduction is a child and the taking of the photograph or the making, possession, or distribution of the photograph, motion picture, videotape, or other visual representation or reproduction does not violate s. 948.05 or 948.12, a parent, guardian, or legal custodian of the child may do any of the following:

SB55-SSA1-SA2,627,3 (a) Make Take and possess the photograph or make and possess the photograph, motion picture, videotape, or other visual representation reproduction of the child.

SB55-SSA1-SA2,627,6 (b) Distribute a photograph, taken or possessed, or a motion picture, videotape or other visual representation or reproduction made or possessed, under par. (a) if the distribution is not for commercial purposes.".

SB55-SSA1-SA2,627,7 1343. Page 1250, line 5: after that line insert:

SB55-SSA1-SA2,627,8 " Section 3984j. 950.04 (1v) (s) of the statutes is amended to read:

SB55-SSA1-SA2,627,14 950.04 (1v) (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence , subject to s. 968.205. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.".

SB55-SSA1-SA2,627,15 1344. Page 1250, line 14: after that line insert:

SB55-SSA1-SA2,627,16 " Section 3984r. 950.04 (1v) (ve) of the statutes is created to read:

SB55-SSA1-SA2,627,21 950.04 (1v) (ve) If a hearing is scheduled in response to a petition filed by the department of corrections under s. 973.032 (4m) (b) for permission to release a person from a placement in the intensive supervision program under s. 301.048 (3) (a) 1., to have the appropriate clerk of court send the victim a copy of a petition and notification of the hearing on that petition under s. 973.032 (4m) (c).".

SB55-SSA1-SA2,627,22 1345. Page 1250, line 14: after that line insert:

SB55-SSA1-SA2,627,23 " Section 3984p. 950.04 (1v) (yd) of the statutes is created to read:

SB55-SSA1-SA2,628,4 950.04 (1v) (yd) To have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made under s. 974.07 (2) for postconviction deoxyribonucleic acid testing of certain evidence and notification of any hearing on that motion, as provided under s. 974.07 (4).".

SB55-SSA1-SA2,628,6 1346. Page 1255, line 22: delete the material beginning with that line and ending with page 1256, line 4.

SB55-SSA1-SA2,628,7 1347. Page 1256, line 4: after that line insert:

SB55-SSA1-SA2,628,8 " Section 3998c. 968.20 (1) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,628,17 968.20 (1) (intro.) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.12 or, 173.21 (4), or 968.205, returned if:

SB55-SSA1-SA2, s. 3998e Section 3998e. 968.20 (2) of the statutes is amended to read:

SB55-SSA1-SA2,628,22 968.20 (2) Property not required for evidence or use in further investigation, unless contraband or property covered under sub. (1m) or (1r) or s. 173.12 or 968.205, may be returned by the officer to the person from whom it was seized without the requirement of a hearing.

SB55-SSA1-SA2, s. 3998g Section 3998g. 968.20 (4) of the statutes is amended to read:

SB55-SSA1-SA2,629,10 968.20 (4) Any property seized, other than property covered under s. 968.205, which that poses a danger to life or other property in storage, transportation or use and which that is not required for evidence or further investigation shall be safely disposed of upon command of the person in whose custody they are committed. The city, village, town or county shall by ordinance or resolution establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances which have a commercial value in normal business usage and do not pose an immediate threat to life or property. If enacted, any such provision shall include a presumption that if the substance appears to be or is reported stolen an attempt will be made to return the substance to the rightful owner.

SB55-SSA1-SA2, s. 3998i Section 3998i. 968.205 of the statutes is created to read:

SB55-SSA1-SA2,629,12 968.205 Preservation of certain evidence. (1) In this section:

SB55-SSA1-SA2,629,20 (a) "Custody" means actual custody of a person under a sentence of imprisonment, custody of a probationer, parolee, or person on extended supervision by the department of corrections, actual or constructive custody of a person pursuant to a dispositional order under ch. 938, supervision of a person, whether in institutional care or on conditional release, pursuant to a commitment order under s. 971.17 and supervision of a person under ch. 980, whether in detention before trial or while in institutional care or on supervised release pursuant to a commitment order.

SB55-SSA1-SA2,629,25 (b) "Discharge date" means the date on which a person is released or discharged from custody that resulted from a criminal action, a delinquency proceeding under ch. 938, or a commitment proceeding under s. 971.17 or ch. 980 or, if the person is serving consecutive sentences of imprisonment, the date on which the person is released or discharged from custody under all of the sentences.

SB55-SSA1-SA2,630,7 (2) Except as provided in sub. (3), if physical evidence that is in the possession of a law enforcement agency includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, delinquency adjudication, or commitment under s. 971.17 or 980.06, the law enforcement agency 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.

SB55-SSA1-SA2,630,10 (3) Subject to sub. (5), a law enforcement agency may destroy biological material before the expiration of the time period specified in sub. (2) if all of the following apply:

SB55-SSA1-SA2,630,14 (a) The law enforcement agency sends a notice of its intent to destroy the biological material 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.

SB55-SSA1-SA2,630,16 (b) No person who is notified under par. (a) does either of the following within 90 days after the date on which the person received the notice:

SB55-SSA1-SA2,630,17 1. Files a motion for testing of the biological material under s. 974.07 (2).

SB55-SSA1-SA2,630,19 2. Submits a written request to preserve the biological material to the law enforcement agency or district attorney.

SB55-SSA1-SA2,630,21 (c) No other provision of federal or state law requires the law enforcement agency to preserve the biological material.

SB55-SSA1-SA2,631,2 (4) A notice provided under sub. (3) (a) shall clearly inform the recipient that the biological material 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 is filed under s. 974.07 (2) or a written request to preserve the material is submitted to the law enforcement agency.

SB55-SSA1-SA2,631,8 (5) If, after providing notice under sub. (3) (a) of its intent to destroy biological material, a law enforcement agency receives a written request to preserve the material, the law enforcement agency shall preserve the material 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 authorizes destruction of the biological material under s. 974.07 (9) (b) or (10) (a) 5.

SB55-SSA1-SA2, s. 3998n Section 3998n. 971.04 (3) of the statutes is amended to read:

SB55-SSA1-SA2,632,2 971.04 (3) If the defendant is present at the beginning of the trial and thereafter, during the progress of the trial or before the verdict of the jury has been returned into court, voluntarily absents himself or herself from the presence of the court without leave of the court, the trial or return of verdict of the jury in the case shall not thereby be postponed or delayed, but the trial or submission of said case to the jury for verdict and the return of verdict thereon, if required, shall proceed in all respects as though the defendant were present in court at all times. A defendant need not be present at the pronouncement or entry of an order granting or denying relief under s. 974.02 or, 974.06, or 974.07. If the defendant is not present, the time for appeal from any order under ss. 974.02 and, 974.06, and 974.07 shall commence after a copy has been served upon the attorney representing the defendant, or upon the defendant if he or she appeared without counsel. Service of such an order shall be complete upon mailing. A defendant appearing without counsel shall supply the court with his or her current mailing address. If the defendant fails to supply the court with a current and accurate mailing address, failure to receive a copy of the order granting or denying relief shall not be a ground for tolling the time in which an appeal must be taken.".

SB55-SSA1-SA2,632,4 1348. Page 1256, line 14: delete the material beginning with that line and ending with page 1258, line 7.

SB55-SSA1-SA2,632,5 1349. Page 1258, line 7: after that line insert:

SB55-SSA1-SA2,632,6 " Section 4002r. 971.23 (1) (e) of the statutes is amended to read:

SB55-SSA1-SA2,632,14 971.23 (1) (e) Any relevant written or recorded statements of a witness named on a list under par. (d), including any videotaped oral statement of a child under s. 908.08, any reports or statements of experts made in connection with the case or, if an expert does not prepare a report or statement, a written summary of the expert's findings or the subject matter of his or her testimony, and the results of any physical or mental examination, scientific test, experiment or comparison that the district attorney intends to offer in evidence at trial. This paragraph does not apply to reports subject to disclosure under s. 972.11 (5).

SB55-SSA1-SA2, s. 4002t Section 4002t. 971.23 (2m) (am) of the statutes is amended to read:

SB55-SSA1-SA2,632,23 971.23 (2m) (am) Any relevant written or recorded statements of a witness named on a list under par. (a), including any reports or statements of experts made in connection with the case or, if an expert does not prepare a report or statement, a written summary of the expert's findings or the subject matter of his or her testimony, and including the results of any physical or mental examination, scientific test, experiment or comparison that the defendant intends to offer in evidence at trial. This paragraph does not apply to reports subject to disclosure under s. 972.11 (5).

SB55-SSA1-SA2, s. 4002v Section 4002v. 971.23 (9) of the statutes is created to read:

SB55-SSA1-SA2,633,2 971.23 (9) Deoxyribonucleic acid evidence. (a) In this subsection "deoxyribonucleic acid profile" has the meaning given in s. 939.74 (2d) (a).

SB55-SSA1-SA2,633,9 (b) Notwithstanding sub. (1) (e) or (2m) (am), if either party intends to submit deoxyribonucleic acid profile evidence at a trial to prove or disprove the identity of a person, the party seeking to introduce the evidence shall notify the other party of the intent to introduce the evidence in writing by mail at least 45 days before the date set for trial; and shall provide the other party, within 15 days of request, the material identified under sub. (1) (e), or par. (2m) (am), whichever is appropriate, that relates to the evidence.

SB55-SSA1-SA2,633,15 (c) The court shall exclude deoxyribonucleic acid profile evidence at trial, if the notice and production deadlines under par. (b) are not met, except the court may waive the 45 day notice requirement or may extend the 15 day production requirement upon stipulation of the parties, or for good cause, if the court finds that no party will be prejudiced by the waiver or extension. The court may in appropriate cases grant the opposing party a recess or continuance.".

SB55-SSA1-SA2,633,16 1350. Page 1258, line 15: after that line insert:

SB55-SSA1-SA2,633,17 " Section 4003r. 972.11 (1) of the statutes is amended to read:

SB55-SSA1-SA2,633,23 972.11 (1) Except as provided in subs. (2) to (5) (4), the rules of evidence and practice in civil actions shall be applicable in all criminal proceedings unless the context of a section or rule manifestly requires a different construction. No guardian ad litem need be appointed for a defendant in a criminal action. Chapters 885 to 895, except ss. 804.02 to 804.07 and 887.23 to 887.26, shall apply in all criminal proceedings.

SB55-SSA1-SA2, s. 4003t Section 4003t. 972.11 (5) of the statutes is repealed.".

SB55-SSA1-SA2,634,2 1351. Page 1258, line 16: delete the material beginning with that line and ending with page 1260, line 6.

SB55-SSA1-SA2,634,3 1352. Page 1260, line 6: after that line insert:

SB55-SSA1-SA2,634,4 " Section 4012b. 973.01 (4) of the statutes is amended to read:

SB55-SSA1-SA2,634,9 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m) or 301.048 (6) (c).".

SB55-SSA1-SA2,634,10 1353. Page 1260, line 7: delete lines 7 to 9.

SB55-SSA1-SA2,634,11 1354. Page 1260, line 10: delete lines 10 to 24.

SB55-SSA1-SA2,634,12 1355. Page 1261, line 1: delete lines 1 and 2 and substitute:

SB55-SSA1-SA2,634,13 " Section 4014d. 973.013 (3m) of the statutes is amended to read:

SB55-SSA1-SA2,635,7 973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility or a secured child caring institution, unless the department of corrections determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department of corrections by rule. The department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). This subsection does not preclude the department of corrections from designating an adult correctional institution, other than the correctional institution authorized in s. 301.16 (1n), as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution under this subsection.".

SB55-SSA1-SA2,635,8 1356. Page 1261, line 2: after that line insert:

SB55-SSA1-SA2,635,9 " Section 4014p. 973.032 (title) of the statutes is amended to read:

SB55-SSA1-SA2,635,11 973.032 (title) Sentence to Required participation in intensive sanctions program.

SB55-SSA1-SA2, s. 4014pb Section 4014pb. 973.032 (1) of the statutes is amended to read:

SB55-SSA1-SA2,635,19 973.032 (1) Sentence Authority to order. Beginning July 1, 1992, Except as provided in sub. (2), a court may sentence order a person who is convicted of a felony occurring on or after August 15, 1991, but before December 31, 1999, to participate in the intensive sanctions program under s. 301.048. If a person is convicted of a felony occurring on or after December 31, 1999, a court may not sentence the person to participate in the intensive sanctions program under s. 301.048 during the entire term of confinement in prison portion of the bifurcated sentence.

SB55-SSA1-SA2, s. 4014q Section 4014q. 973.032 (2) (a) of the statutes is amended to read:

SB55-SSA1-SA2,636,4 973.032 (2) (a) A court may sentence order a person to participate in the intensive sanctions program under sub. (1) if the department provides a presentence investigation report recommending that the person be sentenced to ordered to participate in the program. If the department does not make the recommendation, a court may order the department to assess and evaluate the person. After that assessment and evaluation, the court may sentence order the person to participate in the program unless the department objects on the ground that it recommends that the person be placed on probation.

SB55-SSA1-SA2, s. 4014r Section 4014r. 973.032 (2) (b) of the statutes is amended to read:

SB55-SSA1-SA2,636,11 973.032 (2) (b) Notwithstanding par. (a), the court may not sentence order a person to participate in the intensive sanctions program under sub. (1) if he or she is convicted of a felony punishable by life imprisonment or has at any time been convicted, adjudicated delinquent, or found not guilty or not responsible by reason of insanity or mental disease, defect, or illness for committing a violent offense, as defined in s. 301.048 (2) (bm).

SB55-SSA1-SA2, s. 4014s Section 4014s. 973.032 (3) (intro.) of the statutes is repealed.