SB82-SSA1,32,2217 165.765 (2) (a) 1. Any physician, registered nurse, medical technologist,
18physician assistant, or person acting under the direction of a physician who obtains
19a biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30
20(2m), 938.34 (15), 970.02 (8), 971.17 971.028 (7), 971.85 (1m) (a), 973.047, or 980.063
21is immune from any civil or criminal liability for the act, except for civil liability for
22negligence in the performance of the act.
SB82-SSA1,70 23Section 70. 165.77 (2) (b) of the statutes, as affected by 2013 Wisconsin Act 20,
24is amended to read:
SB82-SSA1,33,3
1165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20
2(13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17
3971.028 (7), 971.85 (1m) (a), 973.047, or 980.063.
SB82-SSA1,71 4Section 71. 165.77 (2m) (c) of the statutes, as affected by 2013 Wisconsin Act
520
, is amended to read:
SB82-SSA1,33,86 165.77 (2m) (c) Paragraph (b) does not apply to specimens received under s.
751.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8),
8971.17
971.028 (7), 971.85 (1m) (a), 973.047, or 980.063.
SB82-SSA1,72 9Section 72. 165.77 (3) of the statutes, as affected by 2013 Wisconsin Act 214,
10is amended to read:
SB82-SSA1,33,2311 165.77 (3) If the laboratories receive a human biological specimen under s.
1251.20 (13) (cr), 165.76, 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17
13971.028 (7), 971.85 (1m) (a), 971.028 (7), 973.047, or 980.063, the laboratories shall
14analyze the deoxyribonucleic acid in the specimen. If the laboratories receive a
15human biological specimen under s. 165.84 (7) (ah), the laboratories shall analyze
16the deoxyribonucleic acid in the specimen as provided under s. 165.84 (7) (am) 1m.
17The laboratories shall maintain a data bank based on data obtained from
18deoxyribonucleic acid analysis of those specimens. The laboratories may compare
19the data obtained from one specimen with the data obtained from other specimens.
20The laboratories may make data obtained from any analysis and comparison
21available to law enforcement agencies in connection with criminal or delinquency
22investigations and, upon request, to any prosecutor, defense attorney or subject of
23the data. The data may be used in criminal and delinquency actions and proceedings.
SB82-SSA1,73 24Section 73. 165.77 (4) (am) 1. of the statutes, as created by 2013 Wisconsin Act
2520
, is amended to read:
SB82-SSA1,34,5
1165.77 (4) (am) 1. If the person was required to submit a biological specimen
2under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 971.85 (1m) (a), 973.047, or
3980.063, all convictions, findings, or adjudications for which the person was required
4to submit a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17
5971.85 (1m) (a), 973.047, or 980.063 have been reversed, set aside, or vacated.
SB82-SSA1,74 6Section 74. 165.77 (4) (am) 2. (intro.) of the statutes, as created by 2013
7Wisconsin Act 20
, is amended to read:
SB82-SSA1,34,108 165.77 (4) (am) 2. (intro.) If the person was required to provide a biological
9specimen under s. 165.84 (7) in connection with an arrest or under s. 970.02 (8)
10971.028 (7), one of the following applies:
SB82-SSA1,75 11Section 75. 165.77 (4) (am) 2. a., b. and d. of the statutes, as affected by 2013
12Wisconsin Act 214
, are amended to read:
SB82-SSA1,34,1513 165.77 (4) (am) 2. a. All charges for which the person was required to provide
14a biological specimen under s. 165.84 (7) or 970.02 (8) 971.028 (7) have been
15dismissed.
SB82-SSA1,34,1916 b. The trial court reached final disposition for all charges for which the person
17was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8)
18971.028 (7), and the person was not adjudged guilty of a violent crime in connection
19with any such charge.
SB82-SSA1,34,2320 d. The person was adjudged guilty of a violent crime in connection with any
21charge for which the person was required to provide a biological specimen under s.
22165.84 (7) or 970.02 (8) 971.028 (7), and all such convictions for a violent crime have
23been reversed, set aside, or vacated.
SB82-SSA1,76 24Section 76. 165.79 (1) of the statutes is amended to read:
SB82-SSA1,35,16
1165.79 (1) Evidence, information, and analyses of evidence obtained from law
2enforcement officers by the laboratories is privileged and not available to persons
3other than law enforcement officers nor is the defendant entitled to an inspection of
4information and evidence submitted to the laboratories by the state or of a
5laboratory's findings, or to examine laboratory personnel as witnesses concerning
6the same, prior to trial, except to the extent that the same is used by the state at a
7preliminary hearing and except as provided in s. 971.23 971.43. Upon request of a
8defendant in a felony action, approved by the presiding judge, the laboratories shall
9conduct analyses of evidence on behalf of the defendant. No prosecuting officer is
10entitled to an inspection of information and evidence submitted to the laboratories
11by the defendant, or of a laboratory's findings, or to examine laboratory personnel as
12witnesses concerning the same, prior to trial, except to the extent that the same is
13used by the accused at a preliminary hearing and except as provided in s. 971.23
14971.43. Employees who made examinations or analyses of evidence shall attend the
15criminal trial as witnesses, without subpoena, upon reasonable written notice from
16either party requesting the attendance.
SB82-SSA1,77 17Section 77. 165.81 (1) of the statutes is amended to read:
SB82-SSA1,36,618 165.81 (1) Whenever the department is informed by the submitting officer or
19agency that physical evidence in the possession of the laboratories is no longer
20needed the department may, except as provided in sub. (3) or unless otherwise
21provided by law, destroy the evidence, retain it in the laboratories, return it to the
22submitting officer or agency, or turn it over to the University of Wisconsin upon the
23request of the head of any department of the University of Wisconsin. If the
24department returns the evidence to the submitting officer or agency, any action
25taken by the officer or agency with respect to the evidence shall be in accordance with

1s. 968.20 ss. 175.27 and 968.625. Except as provided in sub. (3), whenever the
2department receives information from which it appears probable that the evidence
3is no longer needed, the department may give written notice to the submitting agency
4and the appropriate district attorney, by registered mail, of the intention to dispose
5of the evidence. If no objection is received within 20 days after the notice was mailed,
6it may dispose of the evidence.
SB82-SSA1,78 7Section 78. 165.81 (3) (a) 1. and 2., (b) and (f) of the statutes are amended to
8read:
SB82-SSA1,36,99 165.81 (3) (a) 1. "Custody" has the meaning given in s. 968.205 968.645 (1) (a).
SB82-SSA1,36,1010 2. "Discharge date" has the meaning given in s. 968.205 968.645 (1) (b).
SB82-SSA1,36,1911 (b) Except as provided in par. (c), if physical evidence that is in the possession
12of the laboratories includes any biological material that was collected in connection
13with a criminal investigation that resulted in a criminal conviction, a delinquency
14adjudication, or commitment under s. 971.17 971.85 or 980.06 and the biological
15material is from a victim of the offense that was the subject of the criminal
16investigation or may reasonably be used to incriminate or exculpate any person for
17the offense
, the laboratories shall preserve the physical evidence until every person
18in custody as a result of the conviction, adjudication, or commitment has reached his
19or her discharge date.
SB82-SSA1,36,2520 (f) Unless otherwise provided in a court order issued under s. 974.07 (9) (a) or
21(b) or (10) (a) 5., nothing in this subsection prohibits the laboratories from returning
22evidence that must be preserved under par. (b) or (e) to the agency that submitted
23the evidence to the laboratories. If the laboratories return evidence that must be
24preserved under par. (b) or (e) to a submitting agency, any action taken by the agency
25with respect to the evidence shall be in accordance with s. 968.205 968.645.
SB82-SSA1,79
1Section 79. 165.84 (7) (am) 1m. c. of the statutes, as affected by 2013 Wisconsin
2Act 214
, is amended to read:
SB82-SSA1,37,53 165.84 (7) (am) 1m. c. The individual failed to appear at the initial appearance
4or preliminary examination or the person waived the preliminary examination
5under s. 971.042.
SB82-SSA1,80 6Section 80. 167.10 (8) (b) of the statutes is amended to read:
SB82-SSA1,37,157 167.10 (8) (b) Fireworks stored, handled, sold, possessed, or used by a person
8who violates this section, an ordinance adopted under sub. (5), or a court order under
9par. (a) may be seized and held as evidence of the violation. Except as provided in
10s. 968.20 (4) 175.27 (2), only the fireworks that are the subject of a violation of this
11section, an ordinance adopted under sub. (5), or a court order under par. (a) may be
12destroyed after conviction for a violation. Except as provided in s. 968.20 (4) 175.27
13(2)
, fireworks that are seized as evidence of a violation for which no conviction results
14shall be returned to the owner in the same condition as they were when seized to the
15extent practicable.
SB82-SSA1,81 16Section 81. 169.42 (2) (b) of the statutes is amended to read:
SB82-SSA1,37,2017 169.42 (2) (b) A conservation warden and the department shall comply with the
18applicable procedures under ss. 29.931, 29.934, and 968.20 968.625 as they relate to
19seized and confiscated wild animals, carcasses, vehicles, boats, or other objects or
20property.
SB82-SSA1,82 21Section 82. 173.10 of the statutes is amended to read:
SB82-SSA1,38,10 22173.10 Investigation of cruelty complaints. A person may apply for a
23search warrant under s. 968.12 968.465 if there is reason to believe that a violation
24of ch. 951 has taken place or is taking place. If the court is satisfied that probable
25cause exists, it shall issue a search warrant directing a law enforcement officer in the

1county to proceed immediately to the location of the alleged violation with a doctor
2of veterinary medicine, if the court determines that a veterinarian is necessary for
3purposes of the search, and directing the law enforcement officer to search the place
4designated in the warrant, retaining in his or her custody subject to the order of the
5court such property or things as are specified in the warrant, including any animal.
6If the person applying for the search warrant is a humane officer, the warrant shall
7direct that the humane officer accompany the law enforcement officer who is directed
8to perform the search. The warrant shall be executed and returned to the court which
9issued the warrant in accordance with ss. 968.15 968.495 and 968.17 968.506. This
10section does not affect other powers and duties of law enforcement officers.
SB82-SSA1,83 11Section 83. 173.12 (1m) of the statutes, as affected by 2015 Wisconsin Act 64,
12is amended to read:
SB82-SSA1,38,1913 173.12 (1m) If an animal has been seized because it is alleged that the animal
14has been used in or constitutes evidence of any crime specified in s. 951.08, the
15animal may not be returned to the owner by an officer under s. 968.20 968.625 (2).
16In any hearing under s. 968.20 968.625 (1g), the court shall determine if the animal
17is needed as evidence or there is reason to believe that the animal has participated
18in or been trained for fighting. If the court makes such a finding, the animal shall
19be retained in custody.
SB82-SSA1,84 20Section 84. 175.27 (title) of the statutes is created to read:
SB82-SSA1,38,21 21175.27 (title) Seized dangerous property.
SB82-SSA1,85 22Section 85. 175.55 (2) of the statutes is amended to read:
SB82-SSA1,39,623 175.55 (2) No Wisconsin law enforcement agency may use a drone to gather
24evidence or other information in a criminal investigation from or at a place or location
25where an individual has a reasonable expectation of privacy without first obtaining

1a search warrant under s. 968.12 968.465. This subsection does not apply to the use
2of a drone in a public place or to assist in an active search and rescue operation, to
3locate an escaped prisoner, to surveil a place or location for the purpose of executing
4an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe
5that the use of a drone is necessary to prevent imminent danger to an individual or
6to prevent imminent destruction of evidence.
SB82-SSA1,86 7Section 86. 175.60 (3) (d) of the statutes is amended to read:
SB82-SSA1,39,98 175.60 (3) (d) The court has prohibited the individual from possessing a
9dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).
SB82-SSA1,87 10Section 87. 175.60 (3) (e) of the statutes is amended to read:
SB82-SSA1,39,1211 175.60 (3) (e) The individual is on release under s. 969.01 969.31 and the
12individual may not possess a dangerous weapon as a condition of the release.
SB82-SSA1,88 13Section 88. 175.60 (9g) (a) 2. of the statutes is amended to read:
SB82-SSA1,40,614 175.60 (9g) (a) 2. The department shall conduct a criminal history record
15search and shall search its records and conduct a search in the national instant
16criminal background check system to determine whether the applicant is prohibited
17from possessing a firearm under federal law; whether the applicant is prohibited
18from possessing a firearm under s. 941.29; whether the applicant is prohibited from
19possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
20has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
2154.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
22under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
23by a court established by any federally recognized Wisconsin Indian tribe or band,
24except the Menominee Indian tribe of Wisconsin, that includes notice to the
25respondent that he or she is subject to the requirements and penalties under s.

1941.29 and that has been filed with the circuit court under s. 806.247 (3); and
2whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m)
3or 813.125 (4m); and to determine if the court has prohibited the applicant from
4possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b)
5and if the applicant is prohibited from possessing a dangerous weapon as a condition
6of release under s. 969.01 969.31.
SB82-SSA1,89 7Section 89. 175.60 (11) (a) 2. b. of the statutes is amended to read:
SB82-SSA1,40,88 175.60 (11) (a) 2. b. The individual is found incompetent under s. 971.14 971.81.
SB82-SSA1,90 9Section 90. 175.60 (11) (a) 2. c. of the statutes is amended to read:
SB82-SSA1,40,1110 175.60 (11) (a) 2. c. The individual is found not guilty of any crime by reason
11of mental disease or mental defect under s. 971.17.
SB82-SSA1,91 12Section 91. 175.60 (11) (a) 2. g. of the statutes is amended to read:
SB82-SSA1,40,1413 175.60 (11) (a) 2. g. A court has prohibited the individual from possessing a
14dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).
SB82-SSA1,92 15Section 92. 175.60 (11) (a) 2. i. of the statutes is amended to read:
SB82-SSA1,40,1716 175.60 (11) (a) 2. i. The individual is on release under s. 969.01 969.31 and the
17individual may not possess a dangerous weapon as a condition of the release.
SB82-SSA1,93 18Section 93. 175.60 (14) (am) of the statutes is amended to read:
SB82-SSA1,41,219 175.60 (14) (am) The department shall suspend a license issued under this
20section if a court has prohibited the licensee from possessing a dangerous weapon
21under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b). If the individual whose license
22was suspended is no longer subject to the prohibition under s. 969.02 (3) (c) or 969.03
23(1) (c), whichever is applicable
969.33 (5) (b), sub. (3) (b), (c), (d), (e), (f), or (g) does
24not apply to the individual, and the suspended license would not have expired under
25sub. (15) (a) had it not been suspended, the department shall restore the license

1within 5 business days of notification that the licensee is no longer subject to the
2prohibition.
SB82-SSA1,94 3Section 94. 195.048 (2) of the statutes is amended to read:
SB82-SSA1,41,54 195.048 (2) The immunity provided under sub. (1) is subject to the restrictions
5under s. 972.085 967.18.
SB82-SSA1,95 6Section 95. 196.207 (3) (e) of the statutes is amended to read:
SB82-SSA1,41,87 196.207 (3) (e) A trap and trace device as authorized under ss. 968.34 968.376
8to 968.37 968.405.
SB82-SSA1,96 9Section 96. 196.48 (1) (b) of the statutes is amended to read:
SB82-SSA1,41,1110 196.48 (1) (b) The immunity provided under par. (a) is subject to the restrictions
11under s. 972.085 967.18.
SB82-SSA1,97 12Section 97. 230.81 (2) of the statutes is amended to read:
SB82-SSA1,41,1913 230.81 (2) Nothing in this section prohibits an employee from disclosing
14information to an appropriate law enforcement agency, a state or federal district
15attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal
16grand jury, or a judge in a proceeding commenced under s. 968.26 968.105, or
17disclosing information pursuant to any subpoena issued by any person authorized
18to issue subpoenas under s. 885.01. Any such disclosure of information is a lawful
19disclosure under this section and is protected under s. 230.83.
SB82-SSA1,98 20Section 98. 251.16 of the statutes is amended to read:
SB82-SSA1,41,23 21251.16 Local health department; evidence. The reports and employees of
22a local health department are subject to s. 970.03 (12) (b) ss. 971.042 (9) (b) and
23971.75 (7) (b)
.
SB82-SSA1,99 24Section 99. 252.11 (5m) of the statutes is amended to read:
SB82-SSA1,42,6
1252.11 (5m) A health care professional, as defined in s. 968.38 968.725 (1) (a),
2acting under an order of a court under s. 938.296 (4) or 968.38 968.725 (4) may,
3without first obtaining informed consent to the testing, subject an individual to a test
4or a series of tests to ascertain whether that individual is infected with a sexually
5transmitted disease. No sample used for performance of a test under this subsection
6may disclose the name of the test subject.
SB82-SSA1,100 7Section 100. 252.11 (7) of the statutes is amended to read:
SB82-SSA1,42,178 252.11 (7) Reports, examinations, and inspections and all records concerning
9sexually transmitted diseases are confidential and not open to public inspection, and
10may not be divulged except as may be necessary for the preservation of the public
11health, in the course of commitment proceedings under sub. (5), or as provided under
12s. 938.296 (4) or 968.38 968.725 (4). If a physician, physician assistant, or advanced
13practice nurse prescriber has reported a case of sexually transmitted disease to the
14department under sub. (4), information regarding the presence of the disease and
15treatment is not privileged when the patient, physician, physician assistant, or
16advanced practice nurse prescriber is called upon to testify to the facts before any
17court of record.
SB82-SSA1,101 18Section 101. 252.15 (2m) (b) 3., (3m) (d) 14. and (4) (c) of the statutes are
19amended to read:
SB82-SSA1,42,2420 252.15 (2m) (b) 3. HIV testing by a health care professional acting under an
21order of the court under sub. (5j) or s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5).
22No sample used for laboratory test purposes under this subdivision may disclose the
23name of the HIV test subject, and the HIV test results may not be made part of the
24individual's permanent medical record.
SB82-SSA1,43,4
1(3m) (d) 14. To a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296
2(4); to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5); to a person
3under s. 968.38 968.725 (4) (a) to (c) as specified in s. 968.38 968.725 (4); or to a person
4under s. 968.38 968.725 (5) (a) to (c) as specified in s. 968.38 968.725 (5).
SB82-SSA1,43,8 5(4) (c) A record of the results of an HIV test administered to the person, except
6that results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or
7(5) or 968.38 968.725 (4) or (5) that include the identity of the test subject may not
8be maintained without the consent of the test subject.
SB82-SSA1,102 9Section 102. 301.03 (3c) of the statutes is amended to read:
SB82-SSA1,43,1410 301.03 (3c) If requested by the department of health services, contract with
11that department to supervise and provide services to persons who are conditionally
12transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17
13971.85 (3), or placed on supervised release under s. 980.06 (2), 1997 stats., or s.
14980.08.
SB82-SSA1,103 15Section 103. 301.03 (7m) of the statutes is amended to read:
SB82-SSA1,43,1916 301.03 (7m) Supervise criminal defendants accepted into the custody of the
17department under s. 969.02 (3) (a) or 969.03 (1) (a) ch. 969. The department shall
18charge the county that is prosecuting the defendant a fee for providing this
19supervision. The department shall set the fee by rule.
SB82-SSA1,104 20Section 104. 301.45 (1g) (c) of the statutes is amended to read:
SB82-SSA1,43,2321 301.45 (1g) (c) Is found not guilty or not responsible by reason of mental disease
22or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17
23subch. VII of ch. 971 for a sex offense.
SB82-SSA1,105 24Section 105. 301.45 (1g) (d) of the statutes is amended to read:
SB82-SSA1,44,3
1301.45 (1g) (d) Is in institutional care or on conditional transfer under s. 51.35
2(1) or conditional release under s. 971.17 971.85 on or after December 25, 1993, for
3a sex offense.
SB82-SSA1,106 4Section 106. 301.45 (1g) (dd) of the statutes is amended to read:
SB82-SSA1,44,85 301.45 (1g) (dd) Is in institutional care or on conditional transfer under s. 51.35
6(1) or conditional release under s. 971.17 971.85 on or after December 25, 1993, for
7a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a
8law of this state that is comparable to a sex offense.
SB82-SSA1,107 9Section 107. 301.45 (1g) (e) of the statutes is amended to read:
SB82-SSA1,44,1210 301.45 (1g) (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m)
11(am), 938.345 (3), 971.17 971.85 (1m) (b) 1m., or 973.048 (1m) to comply with the
12reporting requirements under this section.
SB82-SSA1,108 13Section 108. 301.45 (1m) (b) of the statutes is amended to read:
SB82-SSA1,44,2114 301.45 (1m) (b) If a person believes that he or she is not required under par.
15(a) to comply with the reporting requirements under this section and the person is
16not before the court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 971.85 (1m) (b), or
17973.048, the person may move a court to make a determination of whether the person
18satisfies the criteria specified in par. (a). A motion made under this paragraph shall
19be filed with the circuit court for the county in which the person was convicted,
20adjudicated delinquent or found not guilty or not responsible by reason of mental
21disease or defect.
SB82-SSA1,109 22Section 109. 301.45 (1m) (be) of the statutes is amended to read:
SB82-SSA1,45,523 301.45 (1m) (be) A person who files a motion under par. (b) or s. 51.20 (13) (ct)
242m., 938.34 (15m) (bm), 971.17 971.85 (1m) (b) 2m., or 973.048 (2m) requesting a
25determination of whether the person is required to comply with the reporting

1requirements under this section shall send a copy of the motion to the district
2attorney for the county in which the motion is filed. The district attorney shall make
3a reasonable attempt to contact the victim of the crime that is the subject of the
4person's motion to inform the victim of his or her right to make or provide a statement
5under par. (bv).
SB82-SSA1,110 6Section 110. 301.45 (1m) (bm) of the statutes is amended to read:
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