AB130, s. 470 5Section 470. 146.81 (4) of the statutes is amended to read:
AB130,140,126 146.81 (4) "Patient health care records" means all records related to the health
7of a patient prepared by or under the supervision of a health care provider, including
8the records required under s. 146.82 (2) (d) and (3) (c), but not those records subject
9to s. 51.30, reports collected under s. 69.186, records of tests administered under s.
1048.296 (4), 252.15 (2) (a) 7., 343.305, 938.296 (4) or 968.38 (4), fetal monitor tracings,
11as defined under s. 146.817 (1), or a pupil's physical health records maintained by
12a school under s. 118.125.
AB130, s. 471 13Section 471. 146.81 (5) of the statutes, as affected by 1993 Wisconsin Act 385,
14is amended to read:
AB130,141,315 146.81 (5) "Person authorized by the patient" means the parent, guardian or
16legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person
17vested with supervision of the child under s. 48.34 938.183 or 938.34 (4m) or (4n), the
18guardian of a patient adjudged incompetent, as defined in s. 880.01 (3) and (4), the
19personal representative or spouse of a deceased patient, any person authorized in
20writing by the patient or a health care agent designated by the patient as a principal
21under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2),
22except as limited by the power of attorney for health care instrument. If no spouse
23survives a deceased patient, "person authorized by the patient" also means an adult
24member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d).
25A court may appoint a temporary guardian for a patient believed incompetent to

1consent to the release of records under this section as the person authorized by the
2patient to decide upon the release of records, if no guardian has been appointed for
3the patient.
AB130, s. 472 4Section 472. 157.065 (2) (a) 4. c. of the statutes is amended to read:
AB130,141,65 157.065 (2) (a) 4. c. A Type 1 secured correctional facility, as defined in s. 48.02
6(15m) 938.02 (19).
AB130, s. 473 7Section 473. 161.455 (1) of the statutes is amended to read:
AB130,141,118 161.455 (1) Any person who has attained the age of 18 17 years who knowingly
9solicits, hires, directs, employs or uses a person who has not attained the age of 18
10years
is 17 years of age or under for the purpose of violating s. 161.41 (1) may be fined
11not more than $50,000 or imprisoned for not more than 10 years or both.
AB130, s. 474 12Section 474. 161.46 (1) of the statutes is amended to read:
AB130,141,1813 161.46 (1) Except as provided in sub. (3), any person 18 17 years of age or over
14who violates s. 161.41 (1) by distributing a controlled substance listed in schedule I
15or II which is a narcotic drug to a person under 18 17 years of age or under who is
16at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1)
17(a) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (a), or
18both.
AB130, s. 475 19Section 475. 161.46 (2) of the statutes is amended to read:
AB130,141,2520 161.46 (2) Except as provided in sub. (3), any person 18 17 years of age or over
21who violates s. 161.41 (1) by distributing any other controlled substance listed in
22schedule I, II, III, IV or V to a person under 18 17 years of age or under who is at least
233 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (b), (i)
24or (j) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (b), (i)
25or (j) or both.
AB130, s. 476
1Section 476. 161.46 (3) of the statutes is amended to read:
AB130,142,82 161.46 (3) If any person 18 17 years of age or over violates s. 161.41 (1) (cm),
3(d), (e), (f), (g) or (h) by distributing a controlled substance included under s. 161.14
4(7) (L) or 161.16 (2) (b), heroin, phencyclidine, lysergic acid diethylamide, psilocin,
5psilocybin, amphetamine, methamphetamine or any form of tetrahydrocannabinols
6to a person under 18 17 years of age or under who is at least 3 years his or her junior,
7any applicable minimum and maximum fines and minimum and maximum periods
8of imprisonment under s. 161.41 (1) (cm), (d), (e), (f), (g) or (h) are doubled.
AB130, s. 477 9Section 477. 161.573 (2) of the statutes is amended to read:
AB130,142,1110 161.573 (2) Any person who violates this section who is under 18 17 years of
11age is subject to a disposition under s. 48.344 938.344 (2e).
AB130, s. 478 12Section 478. 161.574 (2) of the statutes is amended to read:
AB130,142,1413 161.574 (2) Any person who violates this section who is under 18 17 years of
14age is subject to a disposition under s. 48.344 938.344 (2e).
AB130, s. 479 15Section 479. 161.575 (1) of the statutes is amended to read:
AB130,142,1916 161.575 (1) Any person 18 17 years of age or over who violates s. 161.574 by
17delivering drug paraphernalia to a person under 18 17 years of age or under who is
18at least 3 years younger than the violator may be fined not more than $10,000 or
19imprisoned for not more than 9 months or both.
AB130, s. 480 20Section 480. 161.575 (2) of the statutes is amended to read:
AB130,142,2221 161.575 (2) Any person who violates this section who is under 18 17 years of
22age is subject to a disposition under s. 48.344 938.344 (2e).
AB130, s. 481 23Section 481. 165.76 (1) (a) of the statutes is amended to read:
AB130,143,324 165.76 (1) (a) Is in prison or, a secured correctional facility, as defined in s. 48.02
25938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or

1on probation, parole, supervision, or aftercare supervision or corrective sanctions
2supervision
on or after August 12, 1993, for any violation of s. 940.225 (1) or (2),
3948.02 (1) or (2) or 948.025.
AB130, s. 482 4Section 482. 165.76 (2) (b) 2. of the statutes is amended to read:
AB130,143,155 165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured
6correctional facility or a secured child caring institution, he or she shall provide the
7specimen under par. (a) at the office of a county sheriff as soon as practicable after
8release on parole, or aftercare supervision or corrective sanctions supervision, as
9directed by his or her probation and parole agent, or aftercare agent or corrective
10sanctions agent
, except that the department of corrections may require the person
11to provide the specimen while he or she is in prison or in a secured correctional
12facility under the supervision of that department
and the department of health and
13social services may require the person, if a child, to provide the specimen while he
14or she is placed at a secured correctional facility or a secured child caring institution
15under the supervision of that department
.
AB130, s. 483 16Section 483. 165.76 (2) (b) 5. of the statutes is amended to read:
AB130,143,2217 165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject
18to sub. (1) and who are in prison or, a secured correctional facility or a secured child
19caring institution
or who are on probation, parole, supervision, or aftercare
20supervision or corrective sanctions supervision on August 12, 1993, the departments
21of justice, corrections and health and social services shall cooperate to have these
22persons provide specimens under par. (a) before July 1, 1998.
AB130, s. 484 23Section 484. 165.76 (3) of the statutes is amended to read:
AB130,144,3
1165.76 (3) If a person is required to submit a biological specimen under s. 48.34
2(15), 51.20 (13) (cr), 938.34 (15), 971.17 (1m) or 973.047, he or she shall comply with
3that requirement and is not required to comply with this section.
AB130, s. 485 4Section 485. 165.765 (1) of the statutes is amended to read:
AB130,144,75 165.765 (1) Whoever intentionally fails to comply with a requirement to submit
6a biological specimen under s. 48.34 (15), 165.76 , 938.34 (15) or 973.047 may be fined
7not more than $10,000 or imprisoned for not more than 9 months or both.
AB130, s. 486 8Section 486. 165.765 (2) (a) of the statutes is amended to read:
AB130,144,139 165.765 (2) (a) Any physician, registered nurse, medical technologist,
10physician assistant or person acting under the direction of a physician who obtains
11a biological specimen under s. 48.34 (15), 165.76 , 938.34 (15) or 973.047 is immune
12from any civil or criminal liability for the act, except for civil liability for negligence
13in the performance of the act.
AB130, s. 487 14Section 487. 165.77 (2) (b) of the statutes is amended to read:
AB130,144,1615 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 48.34
16(15), 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) or 973.047.
AB130, s. 488 17Section 488. 165.77 (3) of the statutes is amended to read:
AB130,145,518 165.77 (3) If the laboratories receive a human biological specimen under s.
1948.34 (15), 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) or 973.047, the
20laboratories shall analyze the deoxyribonucleic acid in the specimen. The
21laboratories shall maintain a data bank based on data obtained from
22deoxyribonucleic acid analysis of those specimens. The laboratories may compare
23the data obtained from one specimen with the data obtained from other specimens.
24The laboratories may make data obtained from any analysis and comparison
25available to law enforcement agencies in connection with criminal or delinquency

1investigations and, upon request, to any prosecutor, defense attorney or subject of
2the data. The data may be used in criminal and delinquency actions and proceedings.
3In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy
4specimens obtained under this subsection after analysis has been completed and the
5applicable court proceedings have concluded.
AB130, s. 489 6Section 489. 175.35 (1) (ag) of the statutes is amended to read:
AB130,145,97 175.35 (1) (ag) "Criminal history record" includes information reported to the
8department under s. 48.396 938.396 (8) that indicates a person was adjudicated
9delinquent for an act that if committed by an adult in this state would be a felony.
AB130, s. 490 10Section 490. 175.45 (1) (b) of the statutes is amended to read:
AB130,145,1411 175.45 (1) (b) Is in prison or, a secured correctional facility, as defined in s.
12938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g),
or
13on probation, parole, supervision or aftercare supervision on or after December 25,
141993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.
AB130, s. 491 15Section 491. 175.45 (1) (e) of the statutes is amended to read:
AB130,145,1716 175.45 (1) (e) Is ordered by a court under s. 48.34 (15), 51.20 (13) (cr), 938.34
17(15)
or 973.047 to comply with the reporting requirements under this section.
AB130, s. 492 18Section 492. 175.45 (3) (a) 2. of the statutes is amended to read:
AB130,145,2119 175.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured
20correctional facility or a secured child caring institution, he or she is subject to this
21subsection after he or she is discharged from parole or aftercare supervision.
AB130, s. 493 22Section 493. 175.45 (5) (b) of the statutes is amended to read:
AB130,145,2523 175.45 (5) (b) If the person has been sentenced to prison or placed in a secured
24correctional facility or a secured child caring institution, 15 years after discharge
25from parole or aftercare supervision.
AB130, s. 494
1Section 494. 227.03 (4) of the statutes, as affected by 1993 Wisconsin Act 377,
2is amended to read:
AB130,146,93 227.03 (4) The provisions of this chapter relating to contested cases do not
4apply to proceedings involving the revocation of aftercare supervision under s.
548.357 938.357 (5) or 48.366 938.366 (5) or corrective sanctions supervision under s.
648.357 (5) or youthful offender supervision under s. 48.537 (4)
, the revocation of
7parole or probation, the grant of probation, prison discipline, mandatory release
8under s. 302.11 or any other proceeding involving the care and treatment of a
9resident or an inmate of a correctional institution.
AB130, s. 495 10Section 495. 230.36 (1) of the statutes is amended to read:
AB130,147,1611 230.36 (1) If a conservation warden, conservation patrol boat captain,
12conservation patrol boat engineer, state forest ranger, conservation field employe of
13the department of natural resources who is subject to call for fire control duty,
14member of the state patrol, state motor vehicle inspector, lifeguard, excise tax
15investigator employed by the department of revenue, special criminal investigation
16agent employed by the department of justice, special tax agent, state drivers' license
17examiner, state fair park police officer, university of Wisconsin system police officer
18and other state facilities police officer and patrol officer, security officer, watcher,
19engineer, engineering aide, building construction superintendent, fire fighter
20employed at the Wisconsin veterans home, or guard or institutional aide or a state
21probation and parole officer or any other employe whose duties include supervision
22and discipline of inmates or wards of the state at a state penal institution, including
23a secured correctional facility, as defined in s. 48.02 938.02 (15m), or while on parole
24supervision outside of the confines of the institutions, or supervision of persons
25placed on probation by a court of record, or supervision and care of patients at a state

1mental institution, and university of Wisconsin hospital and clinics suffers injury
2while in the performance of his or her duties, as defined in subs. (2) and (3); or any
3other state employe who is ordered by his or her appointing authority to accompany
4any employe listed in this subsection while the listed employe is engaged in the
5duties defined in sub. (3), or any other state employe who is ordered by his or her
6appointing authority to perform the duties, when permitted, in lieu of the listed
7employe and while so engaged in the duties defined in sub. (3), suffers injury as
8defined in sub. (2) the employe shall continue to be fully paid by the employing
9agency upon the same basis as paid prior to the injury, with no reduction in sick leave
10credits, compensatory time for overtime accumulations or vacation and no reduction
11in the rate of earning sick leave credit or vacation. The full pay shall continue while
12the employe is unable to return to work as the result of the injury or until the
13termination of his or her employment upon recommendation of the appointing
14authority. At any time during the employe's period of disability the appointing
15authority may order physical or medical examinations to determine the degree of
16disability at the expense of the employing agency.
AB130, s. 496 17Section 496. 230.36 (3) (c) (intro.) of the statutes is amended to read:
AB130,147,2118 230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the
19university of Wisconsin hospital and clinics or at a state penal or mental institution,
20including a secured correctional facility, as defined in s. 48.02 938.02 (15m), and a
21state probation and parole officer, at all times while:
AB130, s. 497 22Section 497. 252.04 (6) of the statutes is amended to read:
AB130,148,923 252.04 (6) The school, day care center or nursery school shall notify the district
24attorney of the county in which the student resides of any minor student who fails
25to present written evidence of completed immunizations or a written waiver under

1sub. (3) within 60 school days after being admitted to the school, day care center or
2nursery school. The district attorney shall petition the court exercising jurisdiction
3under ch. chs. 48 and 938 for an order directing that the student be in compliance
4with the requirements of this section. If the court grants the petition, the court may
5specify the date by which a written waiver shall be submitted under sub. (3) or may
6specify the terms of the immunization schedule. The court may require an adult
7student or the parent, guardian or legal custodian of a minor student who refuses to
8submit a written waiver by the specified date or meet the terms of the immunization
9schedule to forfeit not more than $25 per day of violation.
AB130, s. 498 10Section 498. 252.11 (5m) of the statutes is amended to read:
AB130,148,1711 252.11 (5m) A health care professional, as defined in s. 48.296 (1) (a), or a
12health care professional,
as defined in s. 968.38 (1) (a), acting under an order of a
13court under s. 48.296 938.296 (4) or 968.38 (4) may, without first obtaining informed
14consent to the testing, subject an individual to a test or a series of tests to ascertain
15whether that individual is infected with a sexually transmitted disease. No sample
16used for performance of a test under this subsection may disclose the name of the test
17subject.
AB130, s. 499 18Section 499. 252.11 (7) of the statutes is amended to read:
AB130,149,219 252.11 (7) Reports, examinations and inspections and all records concerning
20sexually transmitted diseases are confidential and not open to public inspection, and
21shall not be divulged except as may be necessary for the preservation of the public
22health, in the course of commitment proceedings under sub. (5) or as provided under
23s. 48.296 938.296 (4) or 968.38 (4). If a physician has reported a case of sexually
24transmitted disease to the department under sub. (4), information regarding the

1presence of the disease and treatment is not privileged when the patient or physician
2is called upon to testify to the facts before any court of record.
AB130, s. 500 3Section 500. 252.15 (1) (ab) of the statutes is amended to read:
AB130,149,104 252.15 (1) (ab) "Affected person" means an emergency medical technician, first
5responder, fire fighter, peace officer, correctional officer, person who is employed at
6a secured correctional facility, as defined in s. 48.02 938.02 (15m), or at a secured
7child caring institution, as defined in s. 938.02 (15g),
state patrol officer, jailer or
8keeper of a jail or person designated with custodial authority by the jailer or keeper,
9health care provider, employe of a health care provider or staff member of a state
10crime laboratory.
AB130, s. 501 11Section 501. 252.15 (2) (a) 6. of the statutes is amended to read:
AB130,149,1812 252.15 (2) (a) 6. A health care professional acting under an order of the court
13under subd. 7. or s. 48.296 938.296 (4) or 968.38 (4) may, without first obtaining
14consent to the testing, subject an individual to a test or a series of tests to detect the
15presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No
16sample used for laboratory test purposes under this subdivision may disclose the
17name of the test subject, and, notwithstanding sub. (4) (c), the test results may not
18be made part of the individual's permanent medical record.
AB130, s. 502 19Section 502. 252.15 (2) (a) 7. a. of the statutes is amended to read:
AB130,150,1120 252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an
21emergency medical technician, first responder, fire fighter, peace officer, correctional
22officer, person who is employed at a secured correctional facility, as defined in s. 48.02
23938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g),
24state patrol officer, jailer or keeper of a jail or person designated with custodial
25authority by the jailer or keeper who, during the course of providing care or services

1to an individual; or a peace officer, correctional officer, state patrol officer, jailer or
2keeper of a jail or person designated with custodial authority by the jailer or keeper
3who, while searching or arresting an individual or while controlling or transferring
4an individual in custody; or a health care provider or an employe of a health care
5provider who, during the course of providing care or treatment to an individual or
6handling or processing specimens of body fluids or tissues of an individual; or a staff
7member of a state crime laboratory who, during the course of handling or processing
8specimens of body fluids or tissues of an individual; is significantly exposed to the
9individual may subject the individual's blood to a test or a series of tests for the
10presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and
11may receive disclosure of the results.
AB130, s. 503 12Section 503. 252.15 (5) (a) 17. of the statutes is amended to read:
AB130,150,1713 252.15 (5) (a) 17. To an alleged victim or victim, to a health care professional,
14upon request as specified in s. 48.296 938.296 (4) (e) or 968.38 (4) (c), who provides
15care to the alleged victim or victim and, if the alleged victim or victim is a minor, to
16the parent or guardian of the alleged victim or victim, under s. 48.296 938.296 (4) or
17968.38 (4).
AB130, s. 504 18Section 504. 252.15 (5) (a) 19. of the statutes is amended to read:
AB130,150,2519 252.15 (5) (a) 19. If the test was administered to a child for whom placement
20in a foster home, group home or child caring institution is recommended under s.
2148.33 (4) or 938.33 (3) or (4), to an agency directed by a court to prepare a court report
22under s. 48.33 (1) or 938.33 (1) or a permanency plan under s. 48.38 or 938.38
23regarding the child and, by that agency, to the child's foster parent or the operator
24of the group home or child caring institution in which the child is placed, as provided
25in s. 48.371 or 938.371.
AB130, s. 505
1Section 505. 301.01 (2) (b) of the statutes is amended to read:
AB130,151,42 301.01 (2) (b) Any resident of a secured correctional facility, as defined in s.
348.02 938.02 (15m), operated by the department of health and social services, or any
4resident of a secured child caring institution, as defined in s. 938.02 (15g)
.
AB130, s. 506 5Section 506. 301.02 of the statutes is amended to read:
AB130,151,8 6301.02 Institutions governed. The department shall maintain and govern
7the state correctional institutions and the secured correctional facilities, as defined
8in s. 938.02 (15m), that are operated by the department
.
AB130, s. 507 9Section 507. 301.03 (9) of the statutes is amended to read:
AB130,151,1110 301.03 (9) Supervise all persons placed under s. 48.366 938.183 or 938.366 (8)
11in a state prison.
AB130, s. 508 12Section 508. 301.03 (9m) of the statutes, as created by 1993 Wisconsin Act 377,
13is amended to read:
AB130,151,1514 301.03 (9m) Supervise all persons placed in the youthful offender program
15under s. 48.537 938.537.
AB130, s. 509 16Section 509. 301.035 (2) of the statutes is amended to read:
AB130,151,1917 301.035 (2) Assign hearing examiners from the division to preside over
18hearings under ss. 48.357 (5), 302.11 (7), 938.357 (5), 973.10 and 975.10 (2) and ch.
19304.
AB130, s. 510 20Section 510. 301.035 (4) of the statutes is amended to read:
AB130,151,2321 301.035 (4) Supervise employes in the conduct of the activities of the division
22and be the administrative reviewing authority for decisions of the division under ss.
2348.357 (5), 302.11 (7), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.
AB130, s. 511 24Section 511. 301.135 (1) of the statutes is amended to read:
AB130,152,5
1301.135 (1) The department may contract with counties to provide electronic
2monitoring services relating to criminal offenders and to children who are placed on
3electronic monitoring under s. 48.21 (4m), 48.34 938.17 (2) (h) 1., 938.21 (4m), 938.34
4(3g) or 48.355 938.355 (6) (d) 3. The department shall charge a fee to counties for
5providing these services.
AB130, s. 512 6Section 512. 301.135 (3m) of the statutes is amended to read:
AB130,152,97 301.135 (3m) The department may not charge a fee to a child who is placed on
8electronic monitoring under s. 48.21 (4m), 48.34 938.17 (2) (h) 1., 938.21 (4m), 938.34
9(3g) or 48.355 938.355 (6) (d) 3. to cover the cost of electronic monitoring of that child.
AB130, s. 513 10Section 513. 301.28 (1) of the statutes, as affected by 1993 Wisconsin Act 377,
11is amended to read:
AB130,152,1612 301.28 (1) In this section, "correctional officer" means any person classified as
13a correctional officer employed by the state whose principal duty is the supervision
14of inmates at a prison, as defined in s. 302.01, or the supervision of children at a
15secured correctional facility, as defined in s. 48.02 938.02 (15m), operated by the
16department.
AB130, s. 514 17Section 514. 301.35 (2) (e) of the statutes is created to read:
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