Amendment SA4-SB373

LRBa2041/1

CMH:cjs&sac:jm

2013 - 2014 LEGISLATURE

SENATE AMENDMENT 4, TO SENATE BILL 373

March 11, 2014 - Offered by Senators Harsdorf and Petrowski.

SB373-SA4,1,1 At the locations indicated, amend the bill as follows:

SB373-SA4,1,3 1. Page 1, line 8: after "standards" insert ", deoxyribonucleic acid submission and testing and the deoxyribonucleic acid analysis surcharge,".

SB373-SA4,1,4 2. Page 5, line 22: after that line insert:

SB373-SA4,1,6 " Section 10c. 165.76 (1) (gm) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

SB373-SA4,1,9 165.76 (1) (gm) Is arrested for a felony, or is taken into custody for a juvenile offense that would be a felony if committed by an adult in this state , and s. 165.84 (7) (am) 1., 2., 3., or 4. applies to the person.

SB373-SA4,10e Section 10e. 165.76 (4) (c) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

SB373-SA4,2,4 165.76 (4) (c) Allow a biological specimen, or data obtained from analysis of a biological specimen, obtained under this section or, under s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063, or, if the specimen is required to be analyzed under s. 165.84 (7) (am) 1m., under s. 165.84 (7) (a), to be submitted for inclusion in an index established under 42 USC 14132 (a) or in another national index system.

SB373-SA4,10g Section 10g. 165.77 (3) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB373-SA4,2,19 165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7) (am), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. If the laboratories receive a human biological specimen under s. 165.84 (7) (a), the laboratories shall analyze the deoxyribonucleic acid in the specimen as provided under s. 165.84 (7) (am) 1m. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings.

SB373-SA4,10i Section 10i. 165.84 (7) (a) and (b) of the statutes, as created by 2013 Wisconsin Act 20, are consolidated, renumbered 165.84 (7) (a) and amended to read:

SB373-SA4,3,6 165.84 (7) (a) Subject to rules promulgated by the department of justice under s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement agencies shall obtain, when the individual's fingerprints or other identifying data are obtained, a biological specimen for deoxyribonucleic acid analysis from each individual arrested for a felony and each individual taken into custody for a juvenile offense that would be a felony if committed by an adult in this state. (b) Biological samples required under par. (a) shall be obtained and, if par. (am) requires, submitted as The law enforcement agency shall submit the biological specimen to the crime laboratories in a manner specified in the rules promulgated by the department of justice under s. 165.76 (4).

SB373-SA4,10k Section 10k. 165.84 (7) (am) (intro.) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

SB373-SA4,3,11 165.84 (7) (am) (intro.) The person in charge of the law enforcement or tribal law enforcement agency shall submit the After receiving an individual's specimen to submitted under par. (a), the crime laboratories for shall do one of the following:

SB373-SA4,3,16 1m. If, within the time limit under subd. 2m., the court notifies the crime laboratories under par. (bm) that any of the following applies, analyze the deoxyribonucleic acid analysis in the specimen and inclusion of include the individual's deoxyribonucleic acid profile in the data bank under s. 165.77 (3) only if any of the following applies:

SB373-SA4,10m Section 10m. 165.84 (7) (am) 1., 2., 3. and 4. of the statutes, as created by 2013 Wisconsin Act 20, are renumbered 165.84 (7) (am) 1m. a., b., c. and d., and 165.84 (7) (am) 1m. c. and d., as renumbered, are amended to read:

SB373-SA4,3,22 165.84 (7) (am) 1m. c. The individual fails failed to appear at the initial appearance or preliminary examination or the person waives waived the preliminary examination.

SB373-SA4,3,24 d. The individual fails failed to appear for a delinquency proceeding under ch. 938.

SB373-SA4,10n Section 10n. 165.84 (7) (bm) 1. of the statutes, as created by 2013 Wisconsin Act 20, is renumbered 165.84 (7) (bm) and amended to read:

SB373-SA4,4,6 165.84 (7) (bm) Unless par. (am) 1. applies to the individual, the The court shall notify the agency crime laboratories if par. (am) 2., 3., or 4. 1m. a., b., c., or d. applies to an individual the law enforcement or tribal law enforcement agency who has been arrested.

SB373-SA4,10q Section 10q. 165.84 (7) (bm) 2. of the statutes, as created by 2013 Wisconsin Act 20, is renumbered 165.84 (7) (am) 2m. and amended to read:

SB373-SA4,4,14 165.84 (7) (am) 2m. Unless par. (am) 1. applies to the individual, if If, one year after the date the biological sample was obtained submitted under par. (a), the court has not notified the crime laboratories under subd. 1. the law enforcement or tribal law enforcement agency par. (bm) that par. (am) 2., 3., or 4. subd. 1m. a., b., c., or d. applies to the individual, the law enforcement or tribal law enforcement agency shall destroy the biological sample.".

SB373-SA4,4,15 3. Page 18, line 2: after that line insert:

SB373-SA4,4,16 " Section 29c. 2013 Wisconsin Act 20, section 9326 (1) (h) is amended to read:

SB373-SA4,4,19 [2013 Wisconsin Act 20] Section 9326 (1) (h) The treatment of section 973.047 (1f) of the statutes first applies to sentences imposed or probations placements made offenses committed on the effective date of this paragraph.

SB373-SA4,30c Section 30c. Effective dates. This bill takes effect on the day after publication, except as follows:

SB373-SA4,5,3 (1) The treatment of sections 165.76 (1) (gm) and (4) (c), 165.77 (3), and 165.84 (7) (a), (am) (intro.), 1., 2., 3., and 4., (b), and (bm) 1. and 2. of the statutes takes effect on April 1, 2015.".

SB373-SA4,5,4 (End)