SB336: Bill Text

SB336,3,4 165.76 (3) If a person is required to submit a biological specimen under s. 51.20 (13) (cr), 165.84 (7), 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063, he or she shall comply with that requirement and is not required to comply with this section.

SB336, s. 2 Section 2. 165.76 (4) of the statutes is amended to read:

SB336,3,13 165.76 (4) The department of justice shall promulgate rules necessary to carry out its duties under this section, including rules specifying whether a person who is required under this section or s. 51.20 (13) (cr), 165.84 (7), 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063 to provide a biological specimen for deoxyribonucleic acid analysis must provide a new biological specimen if the crime laboratories already have a biological specimen from the person or if data obtained from deoxyribonucleic acid analysis of the person's biological specimen is already included in the data bank under s. 165.77 (3).

SB336, s. 3 Section 3. 165.765 (1) of the statutes is amended to read:

SB336,3,18 165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 165.76, 165.84 (7), 938.34 (15), 973.047, or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB336, s. 4 Section 4. 165.765 (2) (a) of the statutes is amended to read:

SB336,3,24 165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 165.76, 165.84 (7), 938.34 (15), 973.047, or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

SB336, s. 5 Section 5. 165.77 (3) of the statutes is amended to read:

SB336,4,12 165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

SB336, s. 6 Section 6. 165.77 (4) of the statutes is repealed and recreated to read:

SB336,4,16 165.77 (4) (a) A person whose deoxyribonucleic acid analysis data has been included in the data bank under sub. (3) may request expungement on the grounds that all of the following conditions are satisfied:

SB336,4,19 1. All convictions or adjudications for which the person was required to submit a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063 have been reversed, set aside, or vacated.

SB336,4,21 2. If the person was required to provide a biological specimen under s. 165.84 (7) in connection with an arrest for a felony, one of the following applies:

SB336,4,22 a. All charges filed in connection with the arrest have been dismissed.

SB336,4,25 b. The trial court reached final disposition for all charges in connection with the arrest and the person was not adjudged guilty of a crime in connection with the arrest.

SB336,5,2 c. At least one year has passed since the arrest and the person has not been charged with a crime in connection with the arrest.

SB336,5,4 d. The person was adjudged guilty of a crime in connection with the arrest and the conviction has been reversed, set aside, or vacated.

SB336,5,7 3. If the person was required to provide a biological specimen under s. 165.84 (7) in connection with being taken into custody under s. 938.19, one of the following applies:

SB336,5,10 a. All criminal complaints or delinquency petitions alleging that the person violated s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the taking into custody have been dismissed.

SB336,5,15 b. The trial court reached final disposition for all allegations of a violation of s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the taking into custody and the person was not convicted or adjudged delinquent for a violation of s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the taking into custody.

SB336,5,19 c. At least one year has passed since the person was taken into custody and no criminal complaint or delinquency petition alleging a violation of s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) has not been filed against the person in connection with the taking into custody.

SB336,5,23 d. The person was convicted or adjudged delinquent for a violation of s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the taking into custody and the conviction or delinquency adjudication has been reversed, set aside, or vacated.

SB336,6,3 (b) If the conditions under par. (a) are satisfied, the laboratories shall purge all records and identifiable information in the data bank pertaining to the person and destroy all specimens from the person upon receiving the person's written request for expungement and any documentation required by the department of justice under rules promulgated under sub. (8).

SB336, s. 7 Section 7. 165.84 (7) of the statutes is created to read:

SB336,6,12 165.84 (7) (a) Subject to rules promulgated under s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement agencies shall obtain, or cause to be obtained, a biological specimen for deoxyribonucleic acid analysis from each adult arrested for a felony and each minor taken into custody for an offense under s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2). The person in charge of the law enforcement or tribal law enforcement agency shall submit the specimen to the crime laboratories for deoxyribonucleic acid analysis and inclusion of the adult or minor's deoxyribonucleic acid profile in the data bank under s. 165.77 (3).

SB336,6,15 (b) The department of justice shall promulgate rules establishing procedures and time limits for providing, collecting, and submitting biological specimens under this section.

SB336,6,17 (c) Biological specimens collected under this section may only be used as provided under s. 165.77.

SB336, s. 8 Section 8. Initial applicability.

SB336,6,20 (1) This act first applies to persons arrested or taken into custody on the effective date of this subsection.

SB336, s. 9 Section 9. Effective date.

SB336,6,22 (1) This act takes effect on January 1, 2011.

SB336,6,23 (End)