AB383,54,229 165.81 (1) Whenever the department is informed by the submitting officer or
10agency that physical evidence in the possession of the laboratories is no longer
11needed the department may, except as provided in sub. (3) or unless otherwise
12provided by law, destroy the evidence, retain it in the laboratories, return it to the
13submitting officer or agency, or turn it over to the University of Wisconsin upon the
14request of the head of any department of the University of Wisconsin. If the
15department returns the evidence to the submitting officer or agency, any action
16taken by the officer or agency with respect to the evidence shall be in accordance with
17s. 968.20 ss. 175.27 and 968.625. Except as provided in sub. (3), whenever the
18department receives information from which it appears probable that the evidence
19is no longer needed, the department may give written notice to the submitting agency
20and the appropriate district attorney, by registered mail, of the intention to dispose
21of the evidence. If no objection is received within 20 days after the notice was mailed,
22it may dispose of the evidence.
AB383,102 23Section 102. 165.81 (3) (a) 1. and 2., (b) and (f) of the statutes are amended
24to read:
AB383,54,2525 165.81 (3) (a) 1. "Custody" has the meaning given in s. 968.205 968.645 (1) (a).
AB383,55,1
12. "Discharge date" has the meaning given in s. 968.205 968.645 (1) (b).
AB383,55,102 (b) Except as provided in par. (c), if physical evidence that is in the possession
3of the laboratories includes any biological material that was collected in connection
4with a criminal investigation that resulted in a criminal conviction, a delinquency
5adjudication, or commitment under s. 971.17 or 980.06 and the biological material
6is from a victim of the offense that was the subject of the criminal investigation or
7may reasonably be used to incriminate or exculpate any person for the offense
or
8subch. III of ch. 975
, the laboratories shall preserve the physical evidence until every
9person in custody as a result of the conviction, adjudication, or commitment has
10reached his or her discharge date.
AB383,55,1611 (f) Unless otherwise provided in a court order issued under s. 974.07 (9) (a) or
12(b) or (10) (a) 5., nothing in this subsection prohibits the laboratories from returning
13evidence that must be preserved under par. (b) or (e) to the agency that submitted
14the evidence to the laboratories. If the laboratories return evidence that must be
15preserved under par. (b) or (e) to a submitting agency, any action taken by the agency
16with respect to the evidence shall be in accordance with s. 968.205 968.645.
AB383,103 17Section 103. 167.10 (8) (b) of the statutes is amended to read:
AB383,56,218 167.10 (8) (b) Fireworks stored, handled, sold, possessed, or used by a person
19who violates this section, an ordinance adopted under sub. (5), or a court order under
20par. (a) may be seized and held as evidence of the violation. Except as provided in
21s. 968.20 (4) 175.27 (2), only the fireworks that are the subject of a violation of this
22section, an ordinance adopted under sub. (5), or a court order under par. (a) may be
23destroyed after conviction for a violation. Except as provided in s. 968.20 (4) 175.27
24(2)
, fireworks that are seized as evidence of a violation for which no conviction results

1shall be returned to the owner in the same condition as they were when seized to the
2extent practicable.
AB383,104 3Section 104. 169.42 (2) (b) of the statutes is amended to read:
AB383,56,74 169.42 (2) (b) A conservation warden and the department shall comply with the
5applicable procedures under ss. 29.931, 29.934, and 968.20 968.625 as they relate to
6seized and confiscated wild animals, carcasses, vehicles, boats, or other objects or
7property.
AB383,105 8Section 105. 169.45 (5) (intro.) of the statutes is amended to read:
AB383,56,149 169.45 (5) Penalties; repeaters. (intro.) If a person is convicted of any
10violation of this chapter and it is alleged in the indictment, information, or
11complaint, and proved or admitted at trial or ascertained by the court after
12conviction that the person was previously convicted within a period of 5 years for a
13violation of this chapter, the person shall be subject to all of the following in addition
14to the penalty for the current violation:
AB383,106 15Section 106. 173.10 of the statutes is amended to read:
AB383,57,4 16173.10 Investigation of cruelty complaints. A person may apply for a
17search warrant under s. 968.12 968.465 if there is reason to believe that a violation
18of ch. 951 has taken place or is taking place. If the court is satisfied that probable
19cause exists, it shall issue a search warrant directing a law enforcement officer in the
20county to proceed immediately to the location of the alleged violation with a doctor
21of veterinary medicine, if the court determines that a veterinarian is necessary for
22purposes of the search, and directing the law enforcement officer to search the place
23designated in the warrant, retaining in his or her custody subject to the order of the
24court such property or things as are specified in the warrant, including any animal.
25If the person applying for the search warrant is a humane officer, the warrant shall

1direct that the humane officer accompany the law enforcement officer who is directed
2to perform the search. The warrant shall be executed and returned to the court which
3issued the warrant in accordance with ss. 968.15 968.495 and 968.17 968.506. This
4section does not affect other powers and duties of law enforcement officers.
AB383,107 5Section 107. 173.12 (1m) of the statutes is amended to read:
AB383,57,126 173.12 (1m) If an animal has been seized because it is alleged that the animal
7has been used in or constitutes evidence of any crime specified in s. 951.08, the
8animal may not be returned to the owner by an officer under s. 968.20 968.625 (2).
9In any hearing under s. 968.20 968.625 (1), the court shall determine if the animal
10is needed as evidence or there is reason to believe that the animal has participated
11in or been trained for fighting. If the court makes such a finding, the animal shall
12be retained in custody.
AB383,108 13Section 108. 175.27 (title) of the statutes is created to read:
AB383,57,14 14175.27 (title) Seized dangerous property.
AB383,109 15Section 109. 175.60 (3) (d) of the statutes is amended to read:
AB383,57,1716 175.60 (3) (d) The court has prohibited the individual from possessing a
17dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).
AB383,110 18Section 110. 175.60 (3) (dm) of the statutes is created to read:
AB383,57,2019 175.60 (3) (dm) A district attorney has prohibited the individual from
20possessing a dangerous weapon under s. 969.25 (2) (d).
AB383,111 21Section 111. 175.60 (3) (e) of the statutes is amended to read:
AB383,57,2322 175.60 (3) (e) The individual is on release under s. 969.01 969.31 and the
23individual may not possess a dangerous weapon as a condition of the release.
AB383,112 24Section 112. 175.60 (9g) (a) 2. of the statutes is amended to read:
AB383,58,19
1175.60 (9g) (a) 2. The department shall conduct a criminal history record
2search and shall search its records and conduct a search in the national instant
3criminal background check system to determine whether the applicant is prohibited
4from possessing a firearm under federal law; whether the applicant is prohibited
5from possessing a firearm under s. 941.29; whether the applicant is prohibited from
6possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
7has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
854.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
9under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
10by a court established by any federally recognized Wisconsin Indian tribe or band,
11except the Menominee Indian tribe of Wisconsin, that includes notice to the
12respondent that he or she is subject to the requirements and penalties under s.
13941.29 and that has been filed with the circuit court under s. 806.247 (3); and
14whether the applicant is prohibited from possessing a firearm under s. 813.125 (4m);
15and to determine if the court has prohibited the applicant from possessing a
16dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b), if a district
17attorney has prohibited the individual from possessing a dangerous weapon under
18s. 969.25 (2) (d),
and if the applicant is prohibited from possessing a dangerous
19weapon as a condition of release under s. 969.01 969.31.
AB383,113 20Section 113. 175.60 (11) (a) 2. b. of the statutes is amended to read:
AB383,58,2221 175.60 (11) (a) 2. b. The individual is found incompetent under s. 971.14 975.34
22(6) (b)
.
AB383,114 23Section 114. 175.60 (11) (a) 2. c. of the statutes is amended to read:
AB383,58,2524 175.60 (11) (a) 2. c. The individual is found not guilty of any crime by reason
25of mental disease or mental defect under s. 971.17.
AB383,115
1Section 115. 175.60 (11) (a) 2. g. of the statutes is amended to read:
AB383,59,32 175.60 (11) (a) 2. g. A court has prohibited the individual from possessing a
3dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).
AB383,116 4Section 116. 175.60 (11) (a) 2. gm. of the statutes is created to read:
AB383,59,65 175.60 (11) (a) 2. gm. A district attorney has prohibited the individual from
6possessing a dangerous weapon under s. 969.25 (2) (d).
AB383,117 7Section 117. 175.60 (11) (a) 2. i. of the statutes is amended to read:
AB383,59,98 175.60 (11) (a) 2. i. The individual is on release under s. 969.01 969.31 and the
9individual may not possess a dangerous weapon as a condition of the release.
AB383,118 10Section 118. 175.60 (14) (am) of the statutes is amended to read:
AB383,59,2011 175.60 (14) (am) The department shall suspend a license issued under this
12section if a court has prohibited the licensee from possessing a dangerous weapon
13under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b) or if a district attorney has
14prohibited the licensee from possessing a dangerous weapon under s. 969.25 (2) (d)
.
15If the individual whose license was suspended is no longer subject to the prohibition
16under s. 969.02 (3) (c) or 969.03 (1) (c) 969.25 (2) (d) or 969.33 (5) (b), whichever is
17applicable, sub. (3) (b), (c), (d), (e), (f), or (g) does not apply to the individual, and the
18suspended license would not have expired under sub. (15) (a) had it not been
19suspended, the department shall restore the license within 5 business days of
20notification that the licensee is no longer subject to the prohibition.
AB383,119 21Section 119. 195.048 (2) of the statutes is amended to read:
AB383,59,2322 195.048 (2) The immunity provided under sub. (1) is subject to the restrictions
23under s. 972.085 967.18.
AB383,120 24Section 120. 196.207 (3) (e) of the statutes is amended to read:
AB383,60,2
1196.207 (3) (e) A trap and trace device as authorized under ss. 968.34 968.376
2to 968.37 968.405.
AB383,121 3Section 121. 196.48 (1) (b) of the statutes is amended to read:
AB383,60,54 196.48 (1) (b) The immunity provided under par. (a) is subject to the restrictions
5under s. 972.085 967.18.
AB383,122 6Section 122. 230.81 (2) of the statutes is amended to read:
AB383,60,137 230.81 (2) Nothing in this section prohibits an employee from disclosing
8information to an appropriate law enforcement agency, a state or federal district
9attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal
10grand jury, or a judge in a proceeding commenced under s. 968.26 968.105, or
11disclosing information pursuant to any subpoena issued by any person authorized
12to issue subpoenas under s. 885.01. Any such disclosure of information is a lawful
13disclosure under this section and is protected under s. 230.83.
AB383,123 14Section 123. 251.16 of the statutes is amended to read:
AB383,60,16 15251.16 Local health department; evidence. The reports and employees of
16a local health department are subject to s. 970.03 (12) (b) 971.75 (7) (b).
AB383,124 17Section 124. 252.11 (5m) of the statutes is amended to read:
AB383,60,2318 252.11 (5m) A health care professional, as defined in s. 968.38 968.725 (1) (a),
19acting under an order of a court under s. 938.296 (4) or 968.38 968.725 (4) may,
20without first obtaining informed consent to the testing, subject an individual to a test
21or a series of tests to ascertain whether that individual is infected with a sexually
22transmitted disease. No sample used for performance of a test under this subsection
23may disclose the name of the test subject.
AB383,125 24Section 125. 252.11 (7) of the statutes is amended to read:
AB383,61,10
1252.11 (7) Reports, examinations, and inspections and all records concerning
2sexually transmitted diseases are confidential and not open to public inspection, and
3may not be divulged except as may be necessary for the preservation of the public
4health, in the course of commitment proceedings under sub. (5), or as provided under
5s. 938.296 (4) or 968.38 968.725 (4). If a physician, physician assistant, or advanced
6practice nurse prescriber has reported a case of sexually transmitted disease to the
7department under sub. (4), information regarding the presence of the disease and
8treatment is not privileged when the patient, physician, physician assistant, or
9advanced practice nurse prescriber is called upon to testify to the facts before any
10court of record.
AB383,126 11Section 126. 252.15 (2m) (b) 3., (3m) (d) 14. and (4) (c) of the statutes are
12amended to read:
AB383,61,1713 252.15 (2m) (b) 3. HIV testing by a health care professional acting under an
14order of the court under sub. (5j) or s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5).
15No sample used for laboratory test purposes under this subdivision may disclose the
16name of the HIV test subject, and the HIV test results may not be made part of the
17individual's permanent medical record.
AB383,61,21 18(3m) (d) 14. To a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296
19(4); to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5); to a person
20under s. 968.38 968.725 (4) (a) to (c) as specified in s. 968.38 968.725 (4); or to a person
21under s. 968.38 968.725 (5) (a) to (c) as specified in s. 968.38 968.725 (5).
AB383,61,25 22(4) (c) A record of the results of an HIV test administered to the person, except
23that results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or
24(5) or 968.38 968.725 (4) or (5) that include the identity of the test subject may not
25be maintained without the consent of the test subject.
AB383,127
1Section 127. 301.03 (3c) of the statutes is amended to read:
AB383,62,62 301.03 (3c) If requested by the department of health services, contract with
3that department to supervise and provide services to persons who are conditionally
4transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17
5(3)
975.57 (4) or 975.59, or placed on supervised release under s. 980.06 (2), 1997
6stats., or s. 980.08.
AB383,128 7Section 128. 301.03 (7m) of the statutes is amended to read:
AB383,62,118 301.03 (7m) Supervise criminal defendants accepted into the custody of the
9department under s. 969.02 (3) (a) or 969.03 (1) (a) ch. 969. The department shall
10charge the county that is prosecuting the defendant a fee for providing this
11supervision. The department shall set the fee by rule.
AB383,129 12Section 129. 301.035 (2) of the statutes is amended to read:
AB383,62,1513 301.035 (2) Assign hearing examiners from the division to preside over
14hearings under s. 975.10 (2), 2011 stats., ss. 302.11 (7), 302.113 (9), 302.114 (9),
15938.357 (5), and 973.10 and 975.10 (2) , and ch. 304.
AB383,130 16Section 130. 301.035 (4) of the statutes is amended to read:
AB383,62,2017 301.035 (4) Supervise employees in the conduct of the activities of the division
18and be the administrative reviewing authority for decisions of the division under s.
19975.10 (2), 2011 stats.,
ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, and
20973.155 (2) and 975.10 (2), and ch. 304.
AB383,131 21Section 131. 301.45 (1g) (c) of the statutes is amended to read:
AB383,62,2422 301.45 (1g) (c) Is found not guilty or not responsible by reason of mental disease
23or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17
24subch. III of ch. 975 for a sex offense.
AB383,132 25Section 132. 301.45 (1g) (d) of the statutes is amended to read:
AB383,63,3
1301.45 (1g) (d) Is in institutional care or on conditional transfer under s. 51.35
2(1) or conditional release under s. 971.17 975.57 (4) or 975.59 on or after
3December 25, 1993, for a sex offense.
AB383,133 4Section 133. 301.45 (1g) (dd) of the statutes is amended to read:
AB383,63,85 301.45 (1g) (dd) Is in institutional care or on conditional transfer under s. 51.35
6(1) or conditional release under s. 971.17 975.57 (4) or 975.59 on or after
7December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to
8commit a violation, of a law of this state that is comparable to a sex offense.
AB383,134 9Section 134. 301.45 (1g) (dp) of the statutes is amended to read:
AB383,63,1110 301.45 (1g) (dp) Is in institutional care under, or on parole from, a commitment
11for specialized treatment under ch. 975, 2011 stats., on or after December 25, 1993.
AB383,135 12Section 135. 301.45 (1g) (e) of the statutes is amended to read:
AB383,63,1513 301.45 (1g) (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m)
14(am), 938.345 (3), 971.17 (1m) (b) 1m. or 973.048 (1m), or 975.54 (3) (a) to comply with
15the reporting requirements under this section.
AB383,136 16Section 136. 301.45 (1m) (b) of the statutes is amended to read:
AB383,63,2417 301.45 (1m) (b) If a person believes that he or she is not required under par.
18(a) to comply with the reporting requirements under this section and the person is
19not before the court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048,
20or 975.54 (3)
, the person may move a court to make a determination of whether the
21person satisfies the criteria specified in par. (a). A motion made under this
22paragraph shall be filed with the circuit court for the county in which the person was
23convicted, adjudicated delinquent or found not guilty or not responsible by reason of
24mental disease or defect.
AB383,137 25Section 137. 301.45 (1m) (be) of the statutes is amended to read:
AB383,64,8
1301.45 (1m) (be) A person who files a motion under par. (b) or s. 51.20 (13) (ct)
22m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b)
3requesting a determination of whether the person is required to comply with the
4reporting requirements under this section shall send a copy of the motion to the
5district attorney for the county in which the motion is filed. The district attorney
6shall make a reasonable attempt to contact the victim of the crime that is the subject
7of the person's motion to inform the victim of his or her right to make or provide a
8statement under par. (bv).
AB383,138 9Section 138. 301.45 (1m) (bm) of the statutes is amended to read:
AB383,64,1410 301.45 (1m) (bm) A court shall hold a hearing on a motion made by a person
11under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or
12973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is
13required to comply with the reporting requirements under this section. The district
14attorney who receives a copy of a motion under par. (be) may appear at the hearing.
AB383,139 15Section 139. 301.45 (1m) (bv) of the statutes is amended to read:
AB383,64,2316 301.45 (1m) (bv) Before deciding a motion filed under par. (b) or s. 51.20 (13)
17(ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b)
18requesting a determination of whether the person is required to comply with the
19reporting requirements under this section, the court shall allow the victim of the
20crime that is the subject of the motion to make a statement in court at the hearing
21under par. (bm) or to submit a written statement to the court. A statement under this
22paragraph must be relevant to whether the person satisfies the criteria specified in
23par. (a).
AB383,140 24Section 140. 301.45 (1m) (d) 1. of the statutes is amended to read:
AB383,65,7
1301.45 (1m) (d) 1. Before deciding a motion filed by a person under par. (b) or
2s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or
3975.54 (3) (b)
requesting a determination of whether the person is required to comply
4with the reporting requirements under this section, a court may request the person
5to be examined by a physician, psychologist, or other expert approved by the court.
6If the person refuses to undergo an examination requested by the court under this
7subdivision, the court shall deny the person's motion without prejudice.
AB383,141 8Section 141. 301.45 (1m) (e) (intro.) of the statutes is amended to read:
AB383,65,149 301.45 (1m) (e) (intro.) At the hearing held under par. (bm), the person who
10filed the motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m)
11(b) 2m. or
973.048 (2m), or 975.54 (3) (b) has the burden of proving by clear and
12convincing evidence that he or she satisfies the criteria specified in par. (a). In
13deciding whether the person has satisfied the criterion specified in par. (a) 3., the
14court may consider any of the following:
AB383,142 15Section 142. 301.45 (1p) (b) of the statutes is amended to read:
AB383,66,616 301.45 (1p) (b) If a person is covered under sub. (1g) based solely on an order
17that was entered under s. 971.17 (1m) (b) 1m., 2011 stats., or under s. 51.20 (13) (ct)
181m., 938.34 (15m) (am), 938.345 (3) (a), 971.17 (1m) (b) 1m., or, 973.048 (1m), or
19975.54 (3) (a)
in connection with a violation, or the solicitation, conspiracy, or attempt
20to commit a violation, of s. 942.09, and the court provided in the order that the person
21be released from the requirement to comply with the reporting requirements under
22this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct)
231m. or the dispositional order under subch. VI of ch. 938, upon the termination or
24expiration of a commitment order under s. 971.17, 2011 stats., or under s. 975.54 (3)
25(a)
, or upon successful completion of the sentence or probation as provided under s.

1973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of
2the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI
3of ch. 938, the commitment order under s. 971.17, 2011 stats., or under s. 975.54 (3)
4(a)
is terminated or expires, or the person successfully completes the sentence or
5probation, whichever is applicable, the person is no longer required to comply with
6the reporting requirements under this section.
AB383,143 7Section 143. 301.45 (3) (a) 3. of the statutes is amended to read:
Loading...
Loading...