AB648, s. 30
1Section 30. 939.74 (2d) (b) and (c) of the statutes are amended to read:
AB648,16,112 939.74 (2d) (b) If before the time limitation under sub. (1) expired, the state
3collected biological material that is evidence of the identity of the person who
4committed a violation of s. 940.225 (1) or (2), the state identified a deoxyribonucleic
5acid profile from the biological material, and comparisons of that deoxyribonucleic
6acid profile to deoxyribonucleic acid profiles of known persons did not result in a
7probable identification of the person who is the source of the biological material, the
8state may commence prosecution of the person who is the source of the biological
9material for the violation of s. 940.225 (1) or (2) or a crime that is related to the
10violation or both
within 12 months after comparison of the deoxyribonucleic acid
11profile relating to the violation results in a probable identification of the person.
AB648,16,2112 (c) If before the time limitation under sub. (2) (c) expired, the state collected
13biological material that is evidence of the identity of the person who committed a
14violation of s. 948.02 (1) or (2) or 948.025, the state identified a deoxyribonucleic acid
15profile from the biological material, and comparisons of that deoxyribonucleic acid
16profile to deoxyribonucleic acid profiles of known persons did not result in a probable
17identification of the person who is the source of the biological material, the state may
18commence prosecution of the person who is the source of the biological material for
19the violation of s. 948.02 (1) or (2) or 948.025 or a crime that is related to the violation
20or both
within 12 months after comparison of the deoxyribonucleic acid profile
21relating to the violation results in a probable identification of the person.
AB648, s. 31 22Section 31. 968.073 of the statutes is created to read:
AB648,16,23 23968.073 Recording custodial interrogations. (1) In this section:
AB648,17,524 (a) "Custodial interrogation" means an interrogation by a law enforcement
25officer or an agent of a law enforcement agency of a person suspected of committing

1a crime from the time the suspect is informed of his or her rights to counsel and to
2remain silent until the questioning ends, during which the officer or agent asks a
3question that is reasonably likely to elicit an incriminating response and during
4which a reasonable person in the suspect's position would believe that he or she is
5in custody or otherwise deprived of his or her freedom of action in any significant way.
AB648,17,66 (b) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
AB648,17,77 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB648,17,11 8(2) It is the policy of this state to make an audio or audio and visual recording
9of a custodial interrogation of a person suspected of committing a felony unless a
10condition under s. 972.115 (2) (a) 1. to 6. applies or good cause is shown for not making
11an audio or audio and visual recording of the interrogation.
AB648,17,15 12(3) A law enforcement officer or agent of a law enforcement agency conducting
13a custodial interrogation is not required to inform the subject of the interrogation
14that the officer or agent is making an audio or audio and visual recording of the
15interrogation.
AB648, s. 32 16Section 32. 968.205 (2) of the statutes is amended to read:
AB648,17,2517 968.205 (2) Except as provided in sub. (3), if physical evidence that is in the
18possession of a law enforcement agency includes any biological material that was
19collected in connection with a criminal investigation that resulted in a criminal
20conviction, delinquency adjudication, or commitment under s. 971.17 or 980.06 and
21the biological material is from a victim of the offense that was the subject of the
22criminal investigation or may reasonably be used to incriminate or exculpate any
23person for the offense
, the law enforcement agency shall preserve the physical
24evidence until every person in custody as a result of the conviction, adjudication, or
25commitment has reached his or her discharge date.
AB648, s. 33
1Section 33. 968.205 (2m) of the statutes is created to read:
AB648,18,52 968.205 (2m) A law enforcement agency shall retain evidence to which sub. (2)
3applies in an amount and manner sufficient to develop a deoxyribonucleic acid
4profile, as defined in s. 939.74 (2d) (a), from the biological material contained in or
5included on the evidence.
AB648, s. 34 6Section 34. 968.205 (3) (intro.) of the statutes is amended to read:
AB648,18,97 968.205 (3) (intro.) Subject to sub. (5), a law enforcement agency may destroy
8evidence that includes biological material before the expiration of the time period
9specified in sub. (2) if all of the following apply:
AB648, s. 35 10Section 35. 968.205 (3) (a) of the statutes is amended to read:
AB648,18,1411 968.205 (3) (a) The law enforcement agency sends a notice of its intent to
12destroy the biological material evidence to all persons who remain in custody as a
13result of the criminal conviction, delinquency adjudication, or commitment, and to
14either the attorney of record for each person in custody or the state public defender.
AB648, s. 36 15Section 36. 968.205 (3) (b) 1. and 2. of the statutes are amended to read:
AB648,18,1716 968.205 (3) (b) 1. Files a motion for testing of the biological material evidence
17under s. 974.07 (2).
AB648,18,1918 2. Submits a written request to preserve the biological material for retention
19of the evidence
to the law enforcement agency or district attorney.
AB648, s. 37 20Section 37. 968.205 (3) (c) of the statutes is amended to read:
AB648,18,2221 968.205 (3) (c) No other provision of federal or state law requires the law
22enforcement agency to preserve retain the biological material evidence.
AB648, s. 38 23Section 38. 968.205 (4) of the statutes is amended to read:
AB648,19,324 968.205 (4) A notice provided under sub. (3) (a) shall clearly inform the
25recipient that the biological material evidence will be destroyed unless, within 90

1days after the date on which the person receives the notice, either a motion for testing
2of the material evidence is filed under s. 974.07 (2) or a written request to preserve
3for retention of the material evidence is submitted to the law enforcement agency.
AB648, s. 39 4Section 39. 968.205 (5) of the statutes is amended to read:
AB648,19,115 968.205 (5) If, after providing notice under sub. (3) (a) of its intent to destroy
6biological material evidence, a law enforcement agency receives a written request to
7preserve
for retention of the material evidence, the law enforcement agency shall
8preserve retain the material evidence until the discharge date of the person who
9made the request or on whose behalf the request was made, subject to a court order
10issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction
11or transfer of the biological material evidence under s. 974.07 (9) (b) or (10) (a) 5.
AB648, s. 40 12Section 40. 972.115 of the statutes is created to read:
AB648,19,13 13972.115 Admissibility of defendant's statement. (1) In this section:
AB648,19,1414 (a) "Custodial interrogation" has the meaning given in s. 968.073 (1) (a).
AB648,19,1515 (b) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
AB648,19,1616 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB648,19,1817 (d) "Statement" means an oral, written, sign language, or nonverbal
18communication.
AB648,20,3 19(2) (a) If a statement made by a defendant during a custodial interrogation is
20admitted into evidence in a trial for a felony before a jury and if an audio or audio
21and visual recording of the interrogation is not available, upon a request made by the
22defendant as provided in s. 972.10 (5) and unless the state asserts and the court finds
23that one of the following conditions applies or that good cause exists for not providing
24an instruction, the court shall instruct the jury that it is the policy of this state to
25make an audio or audio and visual recording of a custodial interrogation of a person

1suspected of committing a felony and that the jury may consider the absence of an
2audio or audio and visual recording of the interrogation in evaluating the evidence
3in the case:
AB648,20,74 1. The person refused to respond or cooperate in the interrogation if an audio
5or audio and visual recording was made of the interrogation so long as a
6contemporaneous audio or audio and visual recording or written record was made of
7the subject's refusal.
AB648,20,98 2. The statement was made in response to a question asked as part of the
9routine processing of the person.
AB648,20,1410 3. The law enforcement officer or agent of a law enforcement agency conducting
11the interrogation in good faith failed to make an audio or audio and visual recording
12of the interrogation because the recording equipment did not function, the officer or
13agent inadvertently failed to operate the equipment properly, or, without the officer's
14or agent's knowledge, the equipment malfunctioned or stopped operating.
AB648,20,1615 4. The statement was made spontaneously and not in response to a question
16by a law enforcement officer or agent of a law enforcement agency.
AB648,20,1917 5. Exigent public safety circumstances existed that prevented the making of
18an audio or audio and visual recording or rendered the making of such a recording
19infeasible.
AB648,20,2420 6. The law enforcement officer conducting the interrogation or the law
21enforcement officer responsible for observing an interrogation conducted by an agent
22of a law enforcement agency reasonably believed at the time of the interrogation that
23the offense for which the person was taken into custody or for which the person was
24being investigated, was not a felony.
AB648,21,6
1(b) If a statement made by a defendant during a custodial interrogation is
2admitted into evidence in a proceeding heard by the court without a jury in a felony
3case and if an audio or audio and visual recording of the interrogation is not
4available, the court may consider the absence of an audio or audio and visual
5recording of the interrogation in evaluating the evidence in the case unless the court
6determines that one of the conditions under par. (a) 1. to 6 applies.
AB648,21,10 7(4) Notwithstanding ss. 968.28 to 968.37, a defendant's lack of consent to
8having an audio or audio and visual recording made of a custodial interrogation does
9not affect the admissibility in evidence of an audio or audio and visual recording of
10a statement made by the defendant during the interrogation.
AB648,21,13 11(5) An audio or audio and visual recording of a custodial interrogation shall not
12be open to public inspection under ss. 19.31 to 19.39 before one of the following
13occurs:
AB648,21,1514 (a) The person interrogated is convicted or acquitted of an offense that is a
15subject of the interrogation.
AB648,21,1716 (b) All criminal investigations and prosecutions to which the interrogation
17relates are concluded.
AB648, s. 41 18Section 41. 974.07 (8) of the statutes is amended to read:
AB648,22,219 974.07 (8) The court may impose reasonable conditions on any testing ordered
20under this section in order to protect the integrity of the evidence and the testing
21process. If appropriate and if stipulated to by the movant and the district attorney,
22the court may order the state crime laboratories to perform the testing as provided
23under s. 165.77 (2m) or, after consulting with the movant and the district attorney,
24may order that the material be sent to a facility other than the state crime
25laboratories for testing. If ordered to perform testing under this section, the crime

1laboratories may, subject to the approval of the movant and the district attorney,
2arrange for another facility to perform the testing
.
AB648, s. 42 3Section 42. 974.07 (12) (c) of the statutes is created to read:
AB648,22,64 974.07 (12) (c) The state crime laboratories shall pay for testing ordered under
5this section and performed by a facility other than the state crime laboratories if the
6court does not order the movant to pay for the testing.
AB648, s. 43 7Section 43. 978.08 (2) of the statutes is amended to read:
AB648,22,168 978.08 (2) Except as provided in sub. (3), if physical evidence that is in the
9possession of a district attorney includes any biological material that was collected
10in connection with a criminal investigation that resulted in a criminal conviction,
11delinquency adjudication, or commitment under s. 971.17 or 980.06 and the
12biological material is from a victim of the offense that was the subject of the criminal
13investigation or may reasonably be used to incriminate or exculpate any person for
14the offense
, the district attorney shall preserve the physical evidence until every
15person in custody as a result of the conviction, adjudication, or commitment has
16reached his or her discharge date.
AB648, s. 44 17Section 44. 978.08 (2m) of the statutes is created to read:
AB648,22,2118 978.08 (2m) A district attorney shall retain evidence to which sub. (2) applies
19in an amount and manner sufficient to develop a deoxyribonucleic acid profile, as
20defined in s. 939.74 (2d) (a), from the biological material contained in or included on
21the evidence.
AB648, s. 45 22Section 45. 978.08 (3) (intro.) of the statutes is amended to read:
AB648,22,2523 978.08 (3) (intro.) Subject to sub. (5), a district attorney may destroy evidence
24that includes
biological material before the expiration of the time period specified in
25sub. (2) if all of the following apply:
AB648, s. 46
1Section 46. 978.08 (3) (a) of the statutes is amended to read:
AB648,23,52 978.08 (3) (a) The district attorney sends a notice of its intent to destroy the
3biological material evidence to all persons who remain in custody as a result of the
4criminal conviction, delinquency adjudication, or commitment and to either the
5attorney of record for each person in custody or the state public defender.
AB648, s. 47 6Section 47. 978.08 (3) (b) 1. and 2. of the statutes are amended to read:
AB648,23,87 978.08 (3) (b) 1. Files a motion for testing of the biological material evidence
8under s. 974.07 (2).
AB648,23,109 2. Submits a written request to preserve the biological material for retention
10of the evidence
to the district attorney.
AB648, s. 48 11Section 48. 978.08 (3) (c) of the statutes is amended to read:
AB648,23,1312 978.08 (3) (c) No other provision of federal or state law requires the district
13attorney to preserve retain the biological material evidence.
AB648, s. 49 14Section 49. 978.08 (4) of the statutes is amended to read:
AB648,23,1915 978.08 (4) A notice provided under sub. (3) (a) shall clearly inform the recipient
16that the biological material evidence will be destroyed unless, within 90 days after
17the date on which the person receives the notice, either a motion for testing of the
18material evidence is filed under s. 974.07 (2) or a written request to preserve for
19retention of
the material evidence is submitted to the district attorney.
AB648, s. 50 20Section 50. 978.08 (5) of the statutes is amended to read:
AB648,24,221 978.08 (5) If, after providing notice under sub. (3) (a) of its intent to destroy
22biological material evidence, a district attorney receives a written request to
23preserve for retention of the material evidence, the district attorney shall preserve
24retain the material evidence until the discharge date of the person who made the
25request or on whose behalf the request was made, subject to a court order issued

1under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or
2transfer of the biological material evidence under s. 974.07 (9) (b) or (10) (a) 5.
AB648, s. 51 3Section 51. Initial applicability.
AB648,24,74 (1) Recording Interrogations of juveniles. The treatment of sections 938.195
5and 938.31 (3) of the statutes first applies to custodial interrogations, as defined in
6section 968.073 (1) (a) of the statutes, as created by this act, conducted on the
7effective date of this subsection.
AB648,24,118 (2) Recording interrogations of adults. The treatment of sections 968.073
9and 972.115 of the statutes first applies to custodial interrogations, as defined in
10section 968.073 (1) (a) of the statutes, as created by this act, conducted on January
111, 2007.
AB648,24,1412 (3) Penalty surcharge increase. The treatment of section 757.05 (1) (a) of the
13statutes first applies to acts or omissions committed on the effective date of this
14subsection.
AB648,24,1715 (4) Time limits for prosecuting crimes related to sexual assaults. The
16treatment of section 939.74 (2d) (am), (b), and (c) of the statutes first applies to
17offenses that are not barred from prosecution on the effective date of this subsection.
AB648, s. 52 18Section 52. Effective date.
AB648,24,2119 (1) Eyewitness identification procedures. The treatment of section 175.50 of
20the statutes takes effect on the first day of the 12th month beginning after
21publication.
AB648,24,2222 (End)
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