RLR:kjf:rs
2009 - 2010 LEGISLATURE
March 24, 2010 - Introduced by Representatives Barca, Parisi, Turner, Cullen,
Bies, Pope-Roberts, Staskunas, A. Ott, Berceau, A. Williams, Fields,
Schneider, Vruwink
and Young, cosponsored by Senators Coggs, Hansen,
Carpenter, Cowles, Lehman, Darling
and Risser. Referred to Committee on
Criminal Justice.
AB896,1,6 1An Act to repeal 938.34 (15) (b), 973.047 (2) and 980.063 (2); to renumber and
2amend
980.063 (1) (a) and (b); to amend 51.20 (13) (cr), 165.76 (3), 165.76 (4),
3165.765 (1), 165.765 (2) (a), 938.34 (15) (a) 1. and 2., 971.17 (1m) (a) and 973.047
4(1f); and to create 938.34 (15) (c) of the statutes; relating to: collection of
5deoxyribonucleic acid samples and requiring the exercise of rule-making
6authority.
Analysis by the Legislative Reference Bureau
Under current law, the following people are required to provide a
deoxyribonucleic acid (DNA) sample to the state crime laboratories for analysis and
inclusion in the Department of Justice DNA database: 1) a person who is sentenced
or placed on probation in Wisconsin for a felony or certain specified misdemeanors;
2) a person on probation, parole, or extended supervision in Wisconsin for a crime
committed in another state that would be a felony if committed in Wisconsin; 3) a
person found to be a sexually violent person; 4) a person found not responsible by
reason of mental disease or defect for certain sexual assaults; and 5) a juvenile
adjudicated delinquent for certain felony sexual assaults. In addition, a court may
order a juvenile who is adjudicated delinquent for certain other offenses to provide
a biological specimen for DNA analysis.
Currently, a person who is sentenced to prison generally must provide the DNA
sample while in prison. A person who is sentenced to jail must provide the DNA

sample as directed by the sheriff. A person who is placed on probation for a crime
committed in this state or who is on probation, parole, or extended supervision for
a crime committed in another state must provide the DNA sample at the sheriff's
office, as directed by his or her probation, parole, or extended supervision agent. A
juvenile placed in a secured correctional facility must generally provide the DNA
sample while at the facility. A juvenile on supervision, must provide the DNA sample
as directed by the agency supervising him or her. A person found not responsible by
reason of mental disease or defect or found to be a sexually violent person must
provide the DNA sample as directed by the Department of Health Services.
This bill requires that all persons who are required to provide a DNA sample
for analysis by the state crime laboratories and inclusion in the DOJ DNA database
provide the sample to the sheriff. The bill requires the sheriff to submit the samples
to the state crime laboratories. In addition, the bill specifies that if a person is
required to provide a DNA sample in connection with sentencing, the sentencing
court must at the end of the sentencing hearing place the person in the physical
custody of the sheriff for a time sufficient to provide the sample. Similarly, the bill
requires that if a juvenile is required to provide a DNA sample in connection with a
delinquency adjudication, the court must at the end of the dispositional hearing
place the juvenile in the custody of the sheriff for a time sufficient to provide the
sample. Finally, the bill requires DOJ to promulgate rules for providing and
collecting DNA samples and submitting them to the state crime laboratories.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB896, s. 1 1Section 1. 51.20 (13) (cr) of the statutes is amended to read:
AB896,2,92 51.20 (13) (cr) If the subject individual is before the court on a petition filed
3under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
4violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085, the court shall
5require the individual to provide a biological specimen to the state crime laboratories
6for deoxyribonucleic acid analysis by the state crime laboratories. The individual
7shall provide the sample to the sheriff as provided in rules promulgated under s.
8165.76 (4) and the sheriff shall submit the biological specimen to the state crime
9laboratories as provided in the rules
.
AB896, s. 2 10Section 2. 165.76 (3) of the statutes is amended to read:
AB896,3,3
1165.76 (3) If a person is required to submit provide a biological specimen under
2s. 51.20 (13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, he or she shall
3comply with that requirement and is not required to comply with this section.
AB896, s. 3 4Section 3. 165.76 (4) of the statutes is amended to read:
AB896,3,85 165.76 (4) The department of justice shall promulgate rules necessary to carry
6out its duties under this section and rules for providing and collecting biological
7specimens and submitting them to the crime laboratories under this section and ss.
851.20 (13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047, and 980.063
.
AB896, s. 4 9Section 4. 165.765 (1) of the statutes is amended to read:
AB896,3,1210 165.765 (1) Whoever intentionally fails to comply with a requirement to submit
11provide a biological specimen under s. 165.76, 938.34 (15), 973.047, or 980.063 may
12be fined not more than $10,000 or imprisoned for not more than 9 months or both.
AB896, s. 5 13Section 5. 165.765 (2) (a) of the statutes is amended to read:
AB896,3,1914 165.765 (2) (a) Any physician, registered nurse, medical technologist,
15physician assistant or, person acting under the direction of a physician, sheriff, or
16person acting under the direction of a sheriff
who obtains a biological specimen under
17s. 165.76, 938.34 (15), 973.047 or 980.063 is immune from any civil or criminal
18liability for the act, except for civil liability for negligence in the performance of the
19act.
AB896, s. 6 20Section 6. 938.34 (15) (a) 1. and 2. of the statutes are amended to read:
AB896,3,2421 938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a
22violation of s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2), the court shall
23require the juvenile to provide a biological specimen to the state crime laboratories
24for deoxyribonucleic acid analysis by the state crime laboratories.
AB896,4,4
12. Except as provided in subd. 1., if the juvenile is adjudicated delinquent on
2the basis of any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court
3may require the juvenile to provide a biological specimen to the state crime
4laboratories
for deoxyribonucleic acid analysis by the state crime laboratories.
AB896, s. 7 5Section 7. 938.34 (15) (b) of the statutes is repealed.
AB896, s. 8 6Section 8. 938.34 (15) (c) of the statutes is created to read:
AB896,4,127 938.34 (15) (c) If a court requires a juvenile to provide a biological specimen
8under par. (a), the court shall, at the end of the hearing in which a disposition is
9imposed under this section, place the juvenile in the physical custody of the sheriff
10for a time sufficient for the juvenile to provide the biological specimen. The sheriff
11shall collect the biological specimen and submit it to the state crime laboratories as
12provided in rules promulgated by the department of justice under s. 165.76 (4).
AB896, s. 9 13Section 9. 971.17 (1m) (a) of the statutes is amended to read:
AB896,4,2014 971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of
15mental disease or defect for a violation of s. 940.225 (1) or (2), 948.02 (1) or (2),
16948.025, or 948.085, the court shall require the person to provide a biological
17specimen to the state crime laboratories for deoxyribonucleic acid analysis by the
18state crime laboratories. The person shall provide the sample to the sheriff as
19provided in rules promulgated under s. 165.76 (4) and the sheriff shall submit the
20biological specimen to the state crime laboratories as provided in the rules
.
AB896, s. 10 21Section 10. 973.047 (1f) of the statutes is amended to read:
AB896,5,522 973.047 (1f) If a court imposes a sentence or places a person on probation for
23a felony conviction or for a conviction for a violation of s. 940.225 (3m), 944.20, or
24948.10, the court shall require the person to provide a biological specimen to the state
25crime laboratories
for deoxyribonucleic acid analysis by the state crime laboratories.

1At the end of the hearing in which the sentence is imposed or the person is placed on
2probation, the court shall place the person in the physical custody of the sheriff for
3a time sufficient for the person to provide the biological specimen. The sheriff shall
4collect the biological specimen and submit it to the state crime laboratories as
5provided in rules promulgated by the department of justice under s. 165.76 (4)
.
AB896, s. 11 6Section 11. 973.047 (2) of the statutes is repealed.
AB896, s. 12 7Section 12. 980.063 (1) (a) and (b) of the statutes are renumbered 980.063 (1)
8and (3) and amended to read:
AB896,5,149 980.063 (1) If a person is found to be a sexually violent person under this
10chapter, the court shall require the person to provide a biological specimen to the
11state crime laboratories
for deoxyribonucleic acid analysis by the state crime
12laboratories. The person shall provide the sample to the sheriff as provided in rules
13promulgated under s. 165.76 (4) and the sheriff shall submit the biological specimen
14to the state crime laboratories as provided in the rules
.
AB896,5,17 15(3) The results from deoxyribonucleic acid analysis of a specimen under par.
16(a)
sub. (1) may be used only as authorized under s. 165.77 (3). The state crime
17laboratories shall destroy any such specimen in accordance with s. 165.77 (3).
AB896, s. 13 18Section 13. 980.063 (2) of the statutes is repealed.
AB896, s. 14 19Section 14. Initial applicability.
AB896,5,2120 (1) This act first applies to biological specimens provided on the effective date
21of this subsection.
AB896, s. 15 22Section 15. Effective date.
AB896,5,2423 (1) This act takes effect on the first day of the 13th month beginning after
24publication.
AB896,5,2525 (End)
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