SB315, s. 15 4Section 15. 165.81 (3) (e) of the statutes is amended to read:
SB315,9,115 165.81 (3) (e) If, after providing notice under par. (c) 1. of its intent to destroy
6biological material evidence, the department receives a written request to preserve
7for retention of the material evidence, the department shall preserve retain the
8material evidence until the discharge date of the person who made the request or on
9whose behalf the request was made, subject to a court order issued under s. 974.07
10(7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the
11biological material evidence under s. 974.07 (9) (b) or (10) (a) 5.
SB315, s. 16 12Section 16. 165.85 (3) (d) of the statutes is amended to read:
SB315,9,2513 165.85 (3) (d) Establish minimum curriculum requirements for preparatory
14courses and programs, and recommend minimum curriculum requirements for
15recertification and advanced courses and programs, in schools operated by or for this
16state or any political subdivision of the state for the specific purpose of training law
17enforcement recruits, law enforcement officers, tribal law enforcement recruits,
18tribal law enforcement officers, jail officer recruits, jail officers, secure detention
19officer recruits, or secure detention officers in areas of knowledge and ability
20necessary to the attainment of effective performance as an officer, and ranging from
21traditional subjects such as first aid, patrolling, statutory authority, techniques of
22arrest and, firearms, and recording custodial interrogations to subjects designed to
23provide a better understanding of ever-increasing complex problems in law
24enforcement such as human relations, civil rights, constitutional law, and
25supervision, control, and maintenance of a jail or secure detention facility. The board

1shall appoint a 13-member advisory curriculum committee consisting of 6 chiefs of
2police and 6 sheriffs to be appointed on a geographic basis of not more than one chief
3of police and one sheriff from any one of the 8 state administrative districts together
4with the director of training of the Wisconsin state patrol. This committee shall
5advise the board in the establishment of the curriculum requirements.
SB315, s. 17 6Section 17. 175.50 of the statutes is created to read:
SB315,10,7 7175.50 Eyewitness identification procedures. (1) In this section:
SB315,10,88 (a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB315,10,99 (b) "Suspect" means a person suspected of committing a crime.
SB315,10,13 10(2) Each law enforcement agency shall adopt written policies for using an
11eyewitness to identify a suspect upon viewing the suspect in person or upon viewing
12a representation of the suspect. The policies shall be designed to reduce the potential
13for erroneous identifications by eyewitnesses in criminal cases.
SB315,10,15 14(3) A law enforcement agency shall biennially review policies adopted under
15this section.
SB315,10,17 16(4) In developing and revising policies under this section, a law enforcement
17agency shall consider model policies and policies adopted by other jurisdictions.
SB315,10,21 18(5) A law enforcement agency shall consider including in policies adopted
19under this section practices to enhance the objectivity and reliability of eyewitness
20identifications and to minimize the possibility of mistaken identifications, including
21the following:
SB315,10,2322 (a) To the extent feasible, having a person who does not know the identity of
23the suspect administer the eyewitness' viewing of individuals or representations.
SB315,10,2524 (b) To the extent feasible, showing individuals or representations sequentially
25rather than simultaneously to an eyewitness.
SB315,11,4
1(c) Minimizing factors that influence an eyewitness to identify a suspect or
2overstate his or her confidence level in identifying a suspect, including verbal or
3nonverbal reactions of the person administering the eyewitness' viewing of
4individuals or representations.
SB315,11,75 (d) Documenting the procedure by which the eyewitness views the suspect or
6a representation of the suspect and documenting the results or outcome of the
7procedure.
SB315, s. 18 8Section 18. 757.05 (1) (a) of the statutes, as affected by 2005 Wisconsin Act 25,
9is amended to read:
SB315,11,2110 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
11state law or for a violation of a municipal or county ordinance except for a violation
12of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s.
1323.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
14committed the violation had a blood alcohol concentration of 0.08 or more but less
15than 0.1 at the time of the violation, or for a violation of state laws or municipal or
16county ordinances involving nonmoving traffic violations or safety belt use violations
17under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under
18ch. 814 in an amount of 25% 26 percent of the fine or forfeiture imposed. If multiple
19offenses are involved, the penalty surcharge shall be based upon the total fine or
20forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part,
21the penalty surcharge shall be reduced in proportion to the suspension.
SB315, s. 19 22Section 19. 757.54 (2) (b) of the statutes is amended to read:
SB315,12,723 757.54 (2) (b) Except as provided in par. (c), if an exhibit in a criminal action
24or a delinquency proceeding under ch. 938 includes any biological material that was
25collected in connection with the action or proceeding and that is either from a victim

1of the offense that was the subject of the action or proceeding or may reasonably be
2used to incriminate or exculpate any person for the offense
, the court presiding over
3the action or proceeding shall ensure that the exhibit is preserved retained until
4every person in custody as a result of the action or proceeding, or as a result of
5commitment under s. 980.06 that is based on a judgment of guilty or not guilty by
6reason of mental disease or defect in the action or proceeding, has reached his or her
7discharge date.
SB315, s. 20 8Section 20. 757.54 (2) (bm) of the statutes is created to read:
SB315,12,129 757.54 (2) (bm) The court shall ensure that an exhibit to which par. (b) applies
10is retained in an amount and manner sufficient to develop a deoxyribonucleic acid
11profile, as defined in s. 939.74 (2d) (a), from the biological material contained in or
12included on the exhibit.
SB315, s. 21 13Section 21. 757.54 (2) (c) (intro.) of the statutes is amended to read:
SB315,12,1614 757.54 (2) (c) (intro.) Subject to par. (e), the court may destroy an exhibit that
15includes
biological material before the expiration of the time period specified in par.
16(b) if all of the following apply:
SB315, s. 22 17Section 22. 757.54 (2) (c) 1. of the statutes is amended to read:
SB315,12,2118 757.54 (2) (c) 1. The court sends a notice of its intent to destroy the biological
19material
exhibit to all persons who remain in custody as a result of the criminal
20action, delinquency proceeding, or commitment under s. 980.06 and to either the
21attorney of record for each person in custody or the state public defender.
SB315, s. 23 22Section 23. 757.54 (2) (c) 2. a. and b. of the statutes are amended to read:
SB315,12,2423 757.54 (2) (c) 2. a. Files a motion for testing of the biological material exhibit
24under s. 974.07 (2).
SB315,13,2
1b. Submits a written request to preserve the biological material for retention
2of the exhibit
to the court.
SB315, s. 24 3Section 24. 757.54 (2) (c) 3. of the statutes is amended to read:
SB315,13,54 757.54 (2) (c) 3. No other provision of federal or state law requires the court to
5preserve retention of the biological material exhibit.
SB315, s. 25 6Section 25. 757.54 (2) (d) of the statutes is amended to read:
SB315,13,117 757.54 (2) (d) A notice provided under par. (c) 1. shall clearly inform the
8recipient that the biological material exhibit will be destroyed unless, within 90 days
9after the date on which the person receives the notice, either a motion for testing of
10the material exhibit is filed under s. 974.07 (2) or a written request to preserve for
11retention of
the material exhibit is submitted to the court.
SB315, s. 26 12Section 26. 757.54 (2) (e) of the statutes is amended to read:
SB315,13,1913 757.54 (2) (e) If, after providing notice under par. (c) 1. of its intent to destroy
14biological material an exhibit, a court receives a written request to preserve for
15retention of
the material exhibit, the court shall preserve the material ensure that
16the exhibit is retained
until the discharge date of the person who made the request
17or on whose behalf the request was made, subject to a court order issued under s.
18974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the
19biological material exhibit under s. 974.07 (9) (b) or (10) (a) 5.
SB315, s. 27 20Section 27. 938.195 of the statutes is created to read:
SB315,13,21 21938.195 Recording custodial interrogations. (1) In this section:
SB315,13,2222 (a) "Custodial interrogation" has the meaning give in s. 968.073 (1) (a).
SB315,13,2323 (b) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB315,14,224 (c) "Place of detention" means a secure detention facility, jail, municipal lockup
25facility, or secured correctional facility, or a police or sheriff's office or other building

1under the control of a law enforcement agency, at which juveniles are held in custody
2in connection with an investigation of a delinquent act.
SB315,14,5 3(2) (a) A law enforcement agency shall make an audio or audio and visual
4recording of any custodial interrogation of a juvenile that is conducted at a place of
5detention unless a condition under s. 938.31 (3) (c) 1. to 5. applies.
SB315,14,96 (b) If feasible, a law enforcement agency shall make an audio or audio and
7visual recording of any custodial interrogation of a juvenile that is conducted at a
8place other than a place of detention unless a condition under s. 938.31 (3) (c) 1. to
95. applies.
SB315,14,13 10(3) A law enforcement officer or agent of a law enforcement agency conducting
11a custodial interrogation is not required to inform the subject of the interrogation
12that the officer or agent is making an audio or audio and visual recording of the
13interrogation.
SB315, s. 28 14Section 28. 938.31 (3) of the statutes is created to read:
SB315,14,1515 938.31 (3) (a) In this subsection:
SB315,14,1616 1. "Custodial interrogation" has the meaning given in 968.073 (1) (a).
SB315,14,1717 2. "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB315,14,1818 3. "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB315,14,1919 4. "Statement" has the meaning given in s. 972.115 (1) (d).
SB315,14,2320 (b) Except as provided under par. (c), a statement made by the juvenile during
21a custodial interrogation is not admissible in evidence against the juvenile in a case
22alleging the juvenile to be delinquent unless an audio or audio and visual recording
23of the interrogation was made as required under s. 938.195 (2) and is available.
SB315,14,2524 (c) A juvenile's statement is not inadmissible in evidence under par. (b) if any
25of the following applies:
SB315,15,4
11. The juvenile refused to respond or cooperate in the custodial interrogation
2if an audio or audio and visual recording was made of the interrogation so long as a
3contemporaneous audio or audio and visual recording or written record was made of
4the juvenile's refusal.
SB315,15,65 2. The statement was made in response to a question asked as part of the
6routine processing after the juvenile was taken into custody.
SB315,15,117 3. The law enforcement officer or agent of a law enforcement agency conducting
8the interrogation in good faith failed to make an audio or audio and visual recording
9of the interrogation because the recording equipment did not function, the officer or
10agent inadvertently failed to operate the equipment properly, or, without the officer's
11or agent's knowledge, the equipment malfunctioned or stopped operating.
SB315,15,1312 4. The statement was made spontaneously and not in response to a question
13by a law enforcement officer or agent of a law enforcement agency.
SB315,15,1614 5. Exigent public safety circumstances existed that prevented the making of
15an audio or audio and visual recording or rendered the making of such a recording
16infeasible.
SB315,15,2017 (d) Notwithstanding ss. 968.28 to 968.37, a juvenile's lack of consent to having
18an audio or audio and visual recording made of a custodial interrogation does not
19affect the admissibility in evidence of an audio or audio and visual recording of a
20statement made by the juvenile during the interrogation.
SB315, s. 29 21Section 29. 939.74 (2d) (am) of the statutes is created to read:
SB315,15,2522 939.74 (2d) (am) For purposes of this subsection, crimes are related if they are
23committed against the same victim, are proximate in time, and are committed with
24the same intent, purpose, or opportunity so as to be part of the same course of
25conduct.
SB315, s. 30
1Section 30. 939.74 (2d) (b) and (c) of the statutes are amended to read:
SB315,16,112 939.74 (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.
SB315,16,2112 (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.
SB315, s. 31 22Section 31. 968.073 of the statutes is created to read:
SB315,16,23 23968.073 Recording custodial interrogations. (1) In this section:
SB315,17,524 (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.
SB315,17,66 (b) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB315,17,77 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB315,17,11 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.
SB315,17,15 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.
SB315, s. 32 16Section 32. 968.205 (2) of the statutes is amended to read:
SB315,17,2517 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.
SB315, s. 33
1Section 33. 968.205 (2m) of the statutes is created to read:
SB315,18,52 968.205 (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.
SB315, s. 34 6Section 34. 968.205 (3) (intro.) of the statutes is amended to read:
SB315,18,97 968.205 (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:
SB315, s. 35 10Section 35. 968.205 (3) (a) of the statutes is amended to read:
SB315,18,1411 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.
SB315, s. 36 15Section 36. 968.205 (3) (b) 1. and 2. of the statutes are amended to read:
SB315,18,1716 968.205 (3) (b) 1. Files a motion for testing of the biological material evidence
17under s. 974.07 (2).
SB315,18,1918 2. Submits a written request to preserve the biological material for retention
19of the evidence
to the law enforcement agency or district attorney.
SB315, s. 37 20Section 37. 968.205 (3) (c) of the statutes is amended to read:
SB315,18,2221 968.205 (3) (c) No other provision of federal or state law requires the law
22enforcement agency to preserve retain the biological material evidence.
SB315, s. 38 23Section 38. 968.205 (4) of the statutes is amended to read:
SB315,19,324 968.205 (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.
SB315, s. 39 4Section 39. 968.205 (5) of the statutes is amended to read:
SB315,19,115 968.205 (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.
SB315, s. 40 12Section 40. 972.115 of the statutes is created to read:
SB315,19,13 13972.115 Admissibility of defendant's statement. (1) In this section:
SB315,19,1414 (a) "Custodial interrogation" has the meaning given in s. 968.073 (1) (a).
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