2013 - 2014 LEGISLATURE
SENATE AMENDMENT 4,
TO SENATE BILL 373
March 11, 2014 - Offered by Senators Harsdorf and Petrowski.
SB373-SA4,1,3
21. Page 1, line 8: after "standards" insert ", deoxyribonucleic acid submission
3and testing and the deoxyribonucleic acid analysis surcharge,".
SB373-SA4,1,97
165.76
(1) (gm) Is arrested for a felony
, or is taken into custody for a juvenile
8offense that would be a felony if committed by an adult in this state
, and s. 165.84
9(7) (am) 1., 2., 3., or 4. applies to the person.
SB373-SA4,2,412
165.76
(4) (c) Allow a biological specimen, or data obtained from analysis of a
13biological specimen, obtained under this section
or, under s. 51.20 (13) (cr),
165.84
1(7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or
2980.063
, or, if the specimen is required to be analyzed under s. 165.84 (7) (am) 1m.,
3under s. 165.84 (7) (a), to be submitted for inclusion in an index established under
442 USC 14132 (a) or in another national index system.
SB373-SA4,2,197
165.77
(3) If the laboratories receive a human biological specimen under s.
851.20 (13) (cr), 165.76,
165.84 (7) (am), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02
9(8), 971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the
10deoxyribonucleic acid in the specimen.
If the laboratories receive a human biological
11specimen under s. 165.84 (7) (a), the laboratories shall analyze the deoxyribonucleic
12acid in the specimen as provided under s. 165.84 (7) (am) 1m. The laboratories shall
13maintain a data bank based on data obtained from deoxyribonucleic acid analysis of
14those specimens. The laboratories may compare the data obtained from one
15specimen with the data obtained from other specimens. The laboratories may make
16data obtained from any analysis and comparison available to law enforcement
17agencies in connection with criminal or delinquency investigations and, upon
18request, to any prosecutor, defense attorney or subject of the data. The data may be
19used in criminal and delinquency actions and proceedings.
SB373-SA4,3,622
165.84
(7) (a) Subject to rules promulgated
by the department of justice under
23s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement
24agencies shall obtain, when the individual's fingerprints or other identifying data
25are obtained, a biological specimen for deoxyribonucleic acid analysis from each
1individual arrested for a felony and each individual taken into custody for a juvenile
2offense that would be a felony if committed by an adult in this state.
(b) Biological
3samples required under par. (a) shall be obtained and, if par. (am) requires,
4submitted as The law enforcement agency shall submit the biological specimen to the
5crime laboratories in a manner specified in
the rules
promulgated by the department
6of justice under s. 165.76 (4).
SB373-SA4,3,119
165.84
(7) (am) (intro.)
The person in charge of the law enforcement or tribal
10law enforcement agency shall submit the After receiving an individual's specimen
to 11submitted under par. (a), the crime laboratories
for shall do one of the following:
SB373-SA4,3,16
121m. If, within the time limit under subd. 2m., the court notifies the crime
13laboratories under par. (bm) that any of the following applies, analyze the 14deoxyribonucleic acid
analysis in the specimen and
inclusion of include the
15individual's deoxyribonucleic acid profile in the data bank under s. 165.77 (3)
only
16if any of the following applies:
SB373-SA4,10m
17Section 10m. 165.84 (7) (am) 1., 2., 3. and 4. of the statutes, as created by
2013
18Wisconsin Act 20, are renumbered 165.84 (7) (am) 1m. a., b., c. and d., and 165.84 (7)
19(am) 1m. c. and d., as renumbered, are amended to read:
SB373-SA4,3,2220
165.84
(7) (am) 1m. c. The individual
fails failed to appear at the initial
21appearance or preliminary examination or the person
waives waived the
22preliminary examination.
SB373-SA4,3,2423
d. The individual
fails failed to appear for a delinquency proceeding under ch.
24938.
SB373-SA4,4,63
165.84
(7) (bm)
Unless par. (am) 1. applies to the individual, the The court shall
4notify the
agency crime laboratories if par. (am)
2., 3., or 4. 1m. a., b., c., or d. applies
5to an individual
the law enforcement or tribal law enforcement agency who has been 6arrested.
SB373-SA4,4,149
165.84
(7) (am) 2m.
Unless par. (am) 1. applies to the individual, if If, one year
10after the date the biological sample was
obtained
submitted under par. (a), the court
11has not notified
the crime laboratories under
subd. 1. the law enforcement or tribal
12law enforcement agency par. (bm) that
par. (am) 2., 3., or 4. subd. 1m. a., b., c., or d. 13applies to the individual,
the law enforcement or tribal law enforcement agency shall 14destroy the biological sample.".
SB373-SA4,4,1917[
2013 Wisconsin Act 20] Section 9326 (1) (h) The treatment of section 973.047
18(1f) of the statutes first applies to
sentences imposed or probations placements made 19offenses committed on the effective date of this paragraph.
SB373-SA4,30c
20Section 30c.
Effective dates. This bill takes effect on the day after
21publication, except as follows:
SB373-SA4,5,3
1(1) The treatment of sections 165.76 (1) (gm) and (4) (c), 165.77 (3), and 165.84
2(7) (a), (am) (intro.), 1., 2., 3., and 4., (b), and (bm) 1. and 2. of the statutes takes effect
3on April 1, 2015.".