AB40-ASA1,1043,2119 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20
20(13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17
21(1m) (a), 973.047, or 980.063.
AB40-ASA1,1930 22Section 1930. 165.77 (2m) (c) of the statutes is amended to read:
AB40-ASA1,1043,2523 165.77 (2m) (c) Paragraph (b) does not apply to specimens received under s.
2451.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8),
25971.17 (1m) (a), 973.047, or 980.063.
AB40-ASA1,1931
1Section 1931. 165.77 (3) of the statutes is amended to read:
AB40-ASA1,1044,142 165.77 (3) If the laboratories receive a human biological specimen under s.
351.20 (13) (cr), 165.76, 165.84 (7) (am), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02
4(8),
971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the
5deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank
6based on data obtained from deoxyribonucleic acid analysis of those specimens. The
7laboratories may compare the data obtained from one specimen with the data
8obtained from other specimens. The laboratories may make data obtained from any
9analysis and comparison available to law enforcement agencies in connection with
10criminal or delinquency investigations and, upon request, to any prosecutor, defense
11attorney or subject of the data. The data may be used in criminal and delinquency
12actions and proceedings. The laboratories shall destroy specimens obtained under
13this subsection after analysis has been completed and the applicable court
14proceedings have concluded.
AB40-ASA1,1932 15Section 1932. 165.77 (4) (intro.) of the statutes is renumbered 165.77 (4) (am)
16(intro.) and amended to read:
AB40-ASA1,1044,2017 165.77 (4) (am) (intro.) A person whose deoxyribonucleic acid analysis data has
18have been included in the data bank under sub. (3) may request expungement on the
19grounds that his or her conviction or adjudication has been reversed, set aside or
20vacated. The
all of the following conditions are satisfied:
AB40-ASA1,1045,2 21(bm) If the department determines that the conditions under par. (am) are
22satisfied, the
laboratories shall purge all records and identifiable information in the
23data bank pertaining to the person and destroy all samples from the person if it
24receives all of the following:
upon receiving the person's written request for

1expungement and any documentation the department requires under rules
2promulgated under sub. (8).
AB40-ASA1,1933 3Section 1933. 165.77 (4) (a) and (b) of the statutes are repealed.
AB40-ASA1,1934 4Section 1934. 165.77 (4) (am) 1., 2. and 3. of the statutes are created to read:
AB40-ASA1,1045,95 165.77 (4) (am) 1. If the person was required to submit a biological specimen
6under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063, all
7convictions, findings, or adjudications for which the person was required to submit
8a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a),
9973.047, or 980.063 have been reversed, set aside, or vacated.
AB40-ASA1,1045,1110 2. If the person was required to provide a biological specimen under s. 165.84
11(7) in connection with an arrest or under s. 970.02 (8), one of the following applies:
AB40-ASA1,1045,1412 a. All charges filed in connection with the arrest and all charges for which the
13person was required to provide a biological specimen under s. 970.02 (8) have been
14dismissed.
AB40-ASA1,1045,1915 b. The trial court reached final disposition for all charges in connection with
16the arrest and for any charges for which the person was required to provide a
17biological specimen under s. 970.02 (8), and the person was not adjudged guilty of a
18crime in connection with the arrest or any charge for which the person was required
19to provide a biological specimen under s. 970.02 (8).
AB40-ASA1,1045,2120 c. At least one year has passed since the arrest and the person has not been
21charged with a crime in connection with the arrest.
AB40-ASA1,1045,2522 d. The person was adjudged guilty of a crime in connection with either the
23arrest or any charge for which the person was required to provide a biological
24specimen under s. 970.02 (8), and all such convictions have been reversed, set aside,
25or vacated.
AB40-ASA1,1046,3
13. If the person was required to provide a biological specimen under s. 165.84
2(7) in connection with being taken into custody under s. 938.19 or under s. 938.21
3(1m) or 938.30 (2m), one of the following applies:
AB40-ASA1,1046,64 a. All criminal complaints or delinquency petitions that allege that the person
5committed a violation that would be a felony if committed by an adult in this state
6and that are in connection with the taking into custody have been dismissed.
AB40-ASA1,1046,117 b. The trial court reached final disposition for all allegations that the person
8committed a violation that would be a felony if committed by an adult in this state
9that are in connection with the taking into custody and the person was not convicted
10or adjudged delinquent for an offense that would be a felony if committed by an adult
11in this state that is in connection with the taking into custody.
AB40-ASA1,1046,1512 c. At least one year has passed since the person was taken into custody and no
13criminal complaint or delinquency petition alleging that the person committed a
14violation that would be a felony if committed by an adult in this state has been filed
15against the person in connection with the taking into custody.
AB40-ASA1,1046,1916 d. The person was convicted or adjudged delinquent for a violation that would
17be a felony if committed by an adult in this state and that is in connection with the
18taking into custody and the conviction or delinquency adjudication has been
19reversed, set aside, or vacated.
AB40-ASA1,1935 20Section 1935. 165.77 (7m) of the statutes is created to read:
AB40-ASA1,1047,221 165.77 (7m) An entry in the data bank that is found to be erroneous does not
22prohibit the legitimate use of the entry to further a criminal investigation or
23prosecution. The failure of a law enforcement agency or the laboratories to comply
24with s. 165.76, 165.765, 165.77, or 165.84, or any rules or procedures adopted to
25administer those sections, is not grounds for challenging the validity of the data

1collection, for challenging the use of the sample as provided in those sections, or for
2the suppression of evidence based upon or derived from any entry in the data bank.
AB40-ASA1,1936 3Section 1936. 165.825 of the statutes is amended to read:
AB40-ASA1,1047,8 4165.825 Information link; department of health services. The
5department of justice shall cooperate with the departments of safety and
6professional services and, health services , and financial institutions in developing
7and maintaining a computer linkup to provide access to the information obtained
8from a criminal history search.
AB40-ASA1,1937 9Section 1937. 165.84 (7) of the statutes is created to read:
AB40-ASA1,1047,1510 165.84 (7) (a) Subject to rules promulgated under s. 165.76 (4), all persons in
11charge of law enforcement and tribal law enforcement agencies shall obtain, when
12the individual's fingerprints or other identifying data are obtained, a biological
13specimen for deoxyribonucleic acid analysis from each individual arrested for a
14felony and each individual taken into custody for a juvenile offense that would be a
15felony if committed by an adult in this state.
AB40-ASA1,1047,1916 (am) The person in charge of the law enforcement or tribal law enforcement
17agency shall submit the specimen to the crime laboratories for deoxyribonucleic acid
18analysis and inclusion of the individual's deoxyribonucleic acid profile in the data
19bank under s. 165.77 (3) only if any of the following applies:
AB40-ASA1,1047,2120 1. The individual was arrested, or the juvenile was taken into custody, under
21a warrant.
AB40-ASA1,1047,2422 2. The court has made a finding that there is probable cause that the individual
23committed a felony or that the juvenile committed an offense that would be a felony
24if committed by an adult in this state.
AB40-ASA1,1048,2
13. The individual fails to appear at the initial appearance or preliminary
2examination or the person waives the preliminary examination.
AB40-ASA1,1048,33 4. The individual fails to appear for a delinquency proceeding under ch. 938.
AB40-ASA1,1048,64 (b) Biological samples required under par. (a) shall be obtained and, if par. (am)
5requires, submitted as specified in rules promulgated by the department of justice
6under s. 165.76 (4).
AB40-ASA1,1048,97 (bm) 1. Unless par. (am) 1. applies to the individual, the court shall notify the
8agency if par. (am) 2., 3., or 4. applies to an individual the law enforcement or tribal
9law enforcement agency arrested.
AB40-ASA1,1048,1410 2. Unless par. (am) 1. applies to the individual, if, one year after the date the
11biological sample was obtained under par. (a), the court has not notified under subd.
121. the law enforcement or tribal law enforcement agency that par. (am) 2., 3., or 4.
13applies to the individual, the law enforcement or tribal law enforcement agency shall
14destroy the biological sample.
AB40-ASA1,1048,1615 (c) 1. No biological specimen obtained under par. (a) may be subject to analysis
16except by the crime laboratories as provided under s. 165.77.
AB40-ASA1,1048,1817 2. Biological specimens obtained under this section may be used only as
18provided under s. 165.77.
AB40-ASA1,1938 19Section 1938. 165.845 (title) of the statutes is created to read:
AB40-ASA1,1048,20 20165.845 (title) Collect crime data.
AB40-ASA1,1939 21Section 1939. 165.845 (1) (intro.) of the statutes is created to read:
AB40-ASA1,1048,2222 165.845 (1) (intro.) The department of justice shall:
AB40-ASA1,1941 23Section 1941. 165.91 (4) of the statutes is repealed.
AB40-ASA1,1942 24Section 1942. 165.93 (2) (a) of the statutes is amended to read:
AB40-ASA1,1049,3
1165.93 (2) (a) Beginning on January 1, 1995, the The department shall provide
2grants to eligible organizations from the appropriation appropriations under s.
320.455 (5) (gc) (e) and (gj) to provide services for sexual assault victims.
AB40-ASA1,1942m 4Section 1942m. 165.94 of the statutes is created to read:
AB40-ASA1,1049,8 5165.94 Global positioning system pilot programs; grants. (1) From the
6appropriation under s. 20.455 (5) (br), the department of justice shall provide grants
7to counties to establish a global positioning system tracking program for persons who
8are subject to a temporary restraining order or injunction under s. 813.12 or 813.125.
AB40-ASA1,1049,10 9(2) A grant recipient under this section shall provide matching funds equal to
1050 percent of the grant amount awarded.
AB40-ASA1,1049,12 11(3) Two or more counties may jointly establish and administer a program and
12apply for and receive a grant under this section.
AB40-ASA1,1944 13Section 1944. 165.95 (title) of the statutes is created to read:
AB40-ASA1,1049,14 14165.95 (title) Alternatives to incarceration; grant program.
AB40-ASA1,1944m 15Section 1944m. 165.955 of the statutes is created to read:
AB40-ASA1,1049,19 16165.955 Drug court; grant program. (1) In this section, "drug court" means
17a court that diverts a substance-abusing person from prison or jail into treatment
18by increasing direct supervision of the person, coordinating public resources,
19providing intensive community-based treatment, and expediting case processing.
AB40-ASA1,1049,22 20(2) From the appropriation under s. 20.455 (2) (eg), the department of justice
21shall provide, to counties that have not established a drug court, grants to establish
22and operate drug courts.
AB40-ASA1,1945 23Section 1945. 165.984 of the statutes is repealed.
AB40-ASA1,1946 24Section 1946. 165.986 (title) of the statutes is created to read:
AB40-ASA1,1049,25 25165.986 (title) Beat patrol officers; grant program.
AB40-ASA1,1947
1Section 1947. 165.987 (title) of the statutes is created to read:
AB40-ASA1,1050,2 2165.987 (title) Youth diversion programs; grant program.
AB40-ASA1,1948 3Section 1948. 167.35 (1) (f) 4. of the statutes is created to read:
AB40-ASA1,1050,84 167.35 (1) (f) 4. Any person who owns an automated roll-your-own machine
5that is used to make cigarettes, not including an individual who owns a
6roll-your-own machine and uses the machine in his or her home solely to make
7cigarettes for his or her personal use or for the use of other individuals who live in
8his or her home.
AB40-ASA1,1949 9Section 1949. Chapter 168 (title) of the statutes is repealed and recreated to
10read:
AB40-ASA1,1050,1111 CHAPTER 168
AB40-ASA1,1050,1312 petroleum products
13 and dangerous substances
AB40-ASA1,1950 14Section 1950. Subchapter I (title) of chapter 168 [precedes 168.01] of the
15statutes is created to read:
AB40-ASA1,1050,1616 CHAPTER 168
AB40-ASA1,1050,1717 SUBCHAPTER I
AB40-ASA1,1050,1818 Petroleum product inspections
AB40-ASA1,1951 19Section 1951. 168.01 (intro.) of the statutes is amended to read:
AB40-ASA1,1050,20 20168.01 Definitions. (intro.) In this chapter subchapter:
AB40-ASA1,1952 21Section 1952. 168.01 (1) of the statutes is amended to read:
AB40-ASA1,1050,2322 168.01 (1) "Department" means the department of safety and professional
23services
agriculture, trade and consumer protection.
AB40-ASA1,1953 24Section 1953. 168.01 (2) of the statutes is renumbered 168.01 (4).
AB40-ASA1,1954 25Section 1954. 168.02 (title) of the statutes is repealed.
AB40-ASA1,1955
1Section 1955. 168.02 of the statutes is renumbered 168.01 (2).
AB40-ASA1,1956 2Section 1956. 168.03 (title) of the statutes is repealed.
AB40-ASA1,1957 3Section 1957. 168.03 of the statutes is renumbered 168.01 (3).
AB40-ASA1,1958 4Section 1958. 168.05 (1) of the statutes is amended to read:
AB40-ASA1,1051,135 168.05 (1) No petroleum product imported into and received in this state or
6received from a manufacturer or refiner or from a marine or pipeline terminal within
7this state may be unloaded from its original container except as provided under sub.
8(5), sold, offered for sale or used until a true sample of not less than 8 ounces is taken
9as provided in this chapter subchapter. This subsection does not apply if the
10department has previously inspected the petroleum product at the refinery, marine
11or pipeline terminal. Each person importing or receiving a petroleum product which
12has not been previously inspected shall notify the inspector in the person's district
13of the receipt thereof, and the inspector shall take a sample of the petroleum product.
AB40-ASA1,1959 14Section 1959. 168.06 (1) of the statutes is amended to read:
AB40-ASA1,1052,215 168.06 (1) For the purposes of administering this chapter subchapter,
16inspectors may take samples of gasoline, gasoline-alcohol fuel blends, kerosene,
17other refined oils, fuel oils and petroleum distillates for tests and make inspections
18at any points within or without this state, and may open any original container
19containing gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel
20oils and petroleum distillates and take a true sample of not less than 8 ounces of the
21contents thereof, even though the original containers may still be in the possession
22of a common or contract carrier, provided the opening and sampling does not unduly
23inconvenience or hamper the transportation of the products. After the original
24containers are opened and sampled the same shall be resealed with seals furnished

1by the department for such purposes. The authority conferred by this section shall
2be in addition to, and not in limitation of, any of the provisions of s. 168.05.
AB40-ASA1,1960 3Section 1960. 168.08 (1) of the statutes is amended to read:
AB40-ASA1,1052,44 168.08 (1) Time and place of each inspection.
AB40-ASA1,1961 5Section 1961. 168.09 of the statutes is amended to read:
AB40-ASA1,1052,10 6168.09 Authority to enter. Any inspector may enter in or upon the premises
7of any manufacturer, vendor, dealer or user of gasoline, gasoline-alcohol fuel blends,
8kerosene, other refined oils, fuel oils and petroleum distillates, during regular
9business hours to determine whether any petroleum product intended for sale or use
10has not been sampled and inspected in accordance with this chapter subchapter.
AB40-ASA1,1962 11Section 1962. 168.125 of the statutes is amended to read:
AB40-ASA1,1052,16 12168.125 Reports; payment. Persons who are liable for the fee under this
13chapter subchapter shall state the number of gallons of petroleum products on which
14the fee is due and the amount of their liability for the fee in the reports under s. 78.12
15(1) to (3). The requirements for payment of the motor vehicle fuel tax under s. 78.12
16(5) apply to the fee under this chapter subchapter.
AB40-ASA1,1963 17Section 1963. 168.15 of the statutes is amended to read:
AB40-ASA1,1052,21 18168.15 Penalty. Every person who violates any provision of this chapter
19subchapter that is not related to the fee under s. 168.12 (1) shall forfeit not less than
20$10 nor more than $100 for each violation. Each day a person fails to comply with
21any provision of this chapter subchapter is a separate violation.
AB40-ASA1,1964 22Section 1964. 168.16 (1) of the statutes is amended to read:
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