LRB-1569/1
PJH:jld:ph
2011 - 2012 LEGISLATURE
August 11, 2011 - Introduced by Senators S. Coggs and Wanggaard, cosponsored
by Representatives Barca, Berceau, Staskunas and
Fields. Referred to
Committee on Labor, Public Safety, and Urban Affairs.
SB170,1,2
1An Act to amend 165.765 (1) of the statutes;
relating to: failing to provide a
2biological specimen for deoxyribonucleic acid analysis and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the following people are generally required to submit
biological specimens to the crime laboratories for deoxyribonucleic acid (DNA)
analysis: a person sentenced or placed on probation in Wisconsin for a felony (a crime
for which a person may be sentenced to prison) or one of the several specified
misdemeanors; a person found to be a sexually violent person; 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; a person found not guilty by reason
of mental disease or defect of, or institutionalized for, committing a felony or certain
misdemeanors; and a juvenile adjudicated delinquent for certain felony sexual
assaults or certain misdemeanors.
Under current law, the requirement to submit a DNA sample does not expire
when the person completes serving his or her sentence or delinquency disposition or
is released from a civil commitment. A person who is required to provide a biological
specimen for DNA analysis and intentionally fails to do so is subject to a fine not to
exceed $10,000 or imprisonment not to exceed nine months or both.
Under this bill, a person who is required to provide a biological specimen for
DNA analysis and intentionally fails to do so is subject to a fine of not less than
$15,000 nor more than $25,000 or imprisonment for not longer than one year and six
months or both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
SB170, s. 1
1Section
1. 165.765 (1) of the statutes is amended to read:
SB170,2,52
165.765
(1) Whoever intentionally fails to comply with a requirement to submit
3a biological specimen under s. 165.76, 938.34 (15), 973.047
, or 980.063 may be fined
4not
less than $15,000 nor more than
$10,000 $25,000 or imprisoned for not more than
59 18 months or both.
