AB383: Bill Text

AB383,66 Section 66. 93.17 (2) of the statutes is amended to read:

AB383,43,11 93.17 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

AB383,67 Section 67. 102.13 (5) of the statutes is amended to read:

AB383,43,21 102.13 (5) The department may refuse to receive testimony as to conditions determined from an autopsy if it appears that the party offering the testimony had procured the autopsy and had failed to make reasonable effort to notify at least one party in adverse interest or the department at least 12 hours before the autopsy of the time and place it would be performed, or that the autopsy was performed by or at the direction of the coroner or medical examiner or at the direction of the district attorney for purposes not authorized by subch. I of ch. 968 or ch. 979. The department may withhold findings until an autopsy is held in accordance with its directions.

AB383,68 Section 68. 102.88 (1) and (2) of the statutes are amended to read:

AB383,44,3 102.88 (1) When a person is convicted of any violation of this chapter or of any department rule or order, and it is alleged in the indictment, information or complaint, and proved or admitted on trial or ascertained by the court after conviction that the person was previously subjected to a fine or forfeiture within a period of 5 years under s. 102.85, the person may be fined not more than $2,000 or imprisoned for not more than 90 days or both.

AB383,44,9 (2) When any person is convicted and it is alleged in the indictment, information or complaint and proved or admitted on trial or ascertained by the court after conviction that such person had been before subjected to a fine or forfeiture 3 times within a period of 3 years under s. 102.85 and that those convictions remain of record and unreversed, the person may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB383,69 Section 69. 103.10 (1m) (b) 1. of the statutes is amended to read:

AB383,44,12 103.10 (1m) (b) 1. "Domestic abuse" has the meaning given in s. 968.075 969.27 (1) (a).

AB383,70 Section 70. 110.001 (1m) of the statutes is amended to read:

AB383,44,15 110.001 (1m) "Law enforcement officer" has the meaning given in s. 967.02 (5) 967.025 (13).

AB383,71 Section 71. 110.07 (2m) of the statutes is amended to read:

AB383,45,4 110.07 (2m) In addition to the primary powers granted by subs. (1) and (2), any officer of the state traffic patrol shall have the powers of a peace officer under s. 59.28, except that the officer shall have the arrest powers of a law enforcement officer under s. 968.07 969.16, regardless of whether the violation is punishable by forfeiture or criminal penalty. A state traffic officer shall at all times be available as a witness for the state but may not conduct investigations for crimes under chs. 939 to 948 other than crimes relating to the use or operation of vehicles. The primary duty of a state traffic officer shall be the enforcement of chs. 340 to 351 or of any other law relating to the use or operation of vehicles upon the highway. No state traffic officer shall be used in or take part in any dispute or controversy between employer or employee concerning wages, hours, labor or working conditions; nor shall any such officer be required to serve civil process. The department may assign state traffic officers to safeguard state officers or other persons.

AB383,72 Section 72. 110.07 (4) of the statutes is amended to read:

AB383,45,17 110.07 (4) In addition to the primary powers granted by sub. (3), any inspector shall have the powers of a peace officer under s. 59.28, except that the inspector shall have the arrest powers of a law enforcement officer under s. 968.07 969.16, regardless of whether the violation is punishable by forfeiture or criminal penalty. An inspector shall at all times be available as a witness for the state but may not conduct investigations for crimes under chs. 939 to 948 other than crimes relating to the use or operation of vehicles. The primary duty of an inspector shall be the enforcement of the provisions specified in sub. (3). No inspector may be used in or take part in any dispute or controversy between employer or employee concerning wages, hours, labor or working conditions; nor may an inspector be required to serve civil process. The department may assign inspectors to safeguard state officers or other persons.

AB383,73 Section 73. 111.07 (2) (b) 2. of the statutes is amended to read:

AB383,45,20 111.07 (2) (b) 2. The immunity provided under subd. 1. is subject to the restrictions under s. 972.085 967.18.

AB383,74 Section 74. 125.14 (6) (a) of the statutes is amended to read:

AB383,46,2 125.14 (6) (a) Form of complaint. In a prosecution for a violation of a statute relating to the sale of alcohol beverages it is not necessary to allege in the complaint, information or indictment the kind or quantity of alcohol beverages sold or the person to whom it was sold. It is sufficient to allege generally that the defendant sold alcohol beverages at a time and place mentioned, together with a brief statement of the facts showing that the sale was a violation of this chapter.

AB383,75 Section 75. 128.16 (2) of the statutes is amended to read:

AB383,46,5 128.16 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

AB383,76 Section 76. 133.15 (2) of the statutes is amended to read:

AB383,46,8 133.15 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

AB383,77 Section 77. 134.43 (3) of the statutes is amended to read:

AB383,46,12 134.43 (3) Any person who is the victim of an intrusion of privacy under this section is entitled to relief under s. 995.50 (1) and (4) unless the act is permissible under ss. 968.27 to 968.37 subch. IV of ch. 968.

AB383,78 Section 78. 139.20 (2) of the statutes is amended to read:

AB383,46,15 139.20 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

AB383,79 Section 79. 139.39 (5) (b) of the statutes is amended to read:

AB383,46,18 139.39 (5) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

AB383,80 Section 80. 146.81 (4) of the statutes is amended to read:

AB383,47,8 146.81 (4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider; and all records made by an ambulance service provider, as defined in s. 256.01 (3), an emergency medical technician, as defined in s. 256.01 (5), or a first responder, as defined in s. 256.01 (9), in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals. "Patient health care records" includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under s. 302.388 (2). "Patient health care records" does not include those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (5g) or (5j), 343.305, 938.296 (4) or (5), or 968.38 968.725 (4) or (5), records related to sales of pseudoephedrine products, as defined in s. 961.01 (20c), that are maintained by pharmacies under s. 961.235, fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125.

AB383,81 Section 81. 146.82 (2) (c) of the statutes is amended to read:

AB383,47,14 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners and facilities in accordance with s. 971.17 (2) (e), (4) (c), and (7) (c) 975.56 (2), 975.59 (3), and 975.63 (4). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 subch. III of ch. 975.

AB383,82 Section 82. 154.30 (3) (a) 2. of the statutes is amended to read:

AB383,47,19 154.30 (3) (a) 2. Any power or duty of a coroner, medical examiner, or other physician licensed to perform autopsies with respect to the reporting of certain deaths, and the performance of autopsies, under ch. 979 and with respect to inquests under subch. I of ch. 979 968.

AB383,83 Section 83. 165.76 (1) (b) of the statutes is amended to read:

AB383,47,24 165.76 (1) (b) Has been found not guilty or not responsible by reason of mental disease or defect on or after August 12, 1993, and committed under s. 51.20 or 971.17 subch. III of ch. 975 for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085.

AB383,84 Section 84. 165.76 (1) (g) of the statutes is amended to read:

AB383,48,3 165.76 (1) (g) Has been required by a court under s. 51.20 (13) (cr), 938.34 (15m), 971.17 (1m) (a) (15), 973.047, 975.54 (2), or 980.063 to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

AB383,85 Section 85 . 165.76 (1) (g) of the statutes, as affected by 2013 Wisconsin Acts 20 and .... (this act), is amended to read:

AB383,48,9 165.76 (1) (g) Has been required by a court under s. 51.20 (13) (cr), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8) 971.027 (7), 973.047, 975.54 (2), or 980.063 to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

AB383,86 Section 86. 165.76 (1m) of the statutes is amended to read:

AB383,48,20 165.76 (1m) If a person is required to provide a biological specimen under sub. (1) (a) to (g) and the department of justice does not have the data obtained from analysis of a biological specimen from the person that the department is required to maintain in the data bank under s. 165.77 (3), the department may require the person to provide a biological specimen, regardless of whether the person previously provided a biological specimen under this section or s. 51.20 (13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047, 975.54 (2), or 980.063. The department of justice, the department of corrections, a district attorney, or a county sheriff, shall notify any person whom the department of justice requires to provide a biological specimen under this subsection.

AB383,87 Section 87 . 165.76 (1m) of the statutes, as affected by 2013 Wisconsin Acts 20 and .... (this act), is amended to read:

AB383,49,7 165.76 (1m) If a person is required to provide a biological specimen under sub. (1) (a) to (gm) and the department of justice does not have the data obtained from analysis of a biological specimen from the person that the department is required to maintain in the data bank under s. 165.77 (3), the department may require the person to provide a biological specimen, regardless of whether the person previously provided a biological specimen under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8) 971.027 (7), 973.047, 975.54 (2), or 980.063. The department of justice, the department of corrections, a district attorney, or a county sheriff, shall notify any person whom the department of justice requires to provide a biological specimen under this subsection.

AB383,88 Section 88. 165.76 (2m) (g) of the statutes is amended to read:

AB383,49,11 165.76 (2m) (g) If the person has been committed to the department of health services under s. 51.20 or 971.17 subch. III of ch. 975 or found to be a sexually violent person under ch. 980, as directed by the department of health services.

AB383,89 Section 89 . 165.76 (4) (a), (b) and (c) of the statutes, as created by 2013 Wisconsin Act 20, are amended to read:

AB383,49,17 165.76 (4) (a) Establish procedures and time limits for obtaining and submitting biological specimens under this section and ss. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7), 973.047, 975.54 (2), and 980.063.

AB383,49,24 (b) Specify whether an individual who is required under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7), 973.047, 975.54 (2), 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 individual or if data obtained from deoxyribonucleic acid analysis of the individual's biological specimen are already included in the data bank under s. 165.77 (3).

AB383,50,5 (c) Allow a biological specimen, or data obtained from analysis of a biological specimen, obtained under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7), 973.047, 975.54 (2), or 980.063 to be submitted for inclusion in an index established under 42 USC 14132 (a) or in another national index system.

AB383,90 Section 90 . 165.765 (1m) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

AB383,50,13 165.765 (1m) A law enforcement officer; a jail officer; a tribal officer; a correctional officer; a probation, extended supervision, or parole officer; or an employee of the department of health services may use reasonable force to obtain a biological specimen from a person who intentionally refuses to provide a biological specimen that is required under s. 165.76 (1), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), or 970.02 (8) 971.027 (7).

AB383,91 Section 91 . 165.765 (2) (a) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB383,50,21 165.765 (2) (a) 1. Any physician, registered nurse, medical technologist, physician assistant, or person acting under the direction of a physician who obtains a biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7), 973.047, 975.54 (2), 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.

AB383,92 Section 92 . 165.77 (2) (b) of the statutes is amended to read:

AB383,50,24 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, 975.54 (2), or 980.063.

AB383,93 Section 93 . 165.77 (2) (b) of the statutes, as affected by 2013 Wisconsin Acts 20 and .... (this act), is amended to read:

AB383,51,5 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8) 971.027 (7), 973.047, 975.54 (2), or 980.063.

AB383,94 Section 94. 165.77 (2m) (c) of the statutes is amended to read:

AB383,51,8 165.77 (2m) (c) Paragraph (b) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, 975.54 (2), or 980.063.

AB383,95 Section 95 . 165.77 (2m) (c) of the statutes, as affected by 2013 Wisconsin Acts 20 and .... (this act), is amended to read:

AB383,51,13 165.77 (2m) (c) Paragraph (b) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8) 971.027 (7), 973.047, 975.54 (2), or 980.063.

AB383,96 Section 96. 165.77 (3) of the statutes is amended to read:

AB383,52,2 165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, 975.54 (2), 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.

AB383,97 Section 97 . 165.77 (3) of the statutes, as affected by 2013 Wisconsin Acts 20 and .... (this act), is amended to read:

AB383,52,15 165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7) (am), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8) 971.027 (7), 973.047, 975.54 (2), 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.

AB383,98 Section 98. 165.77 (4) (am) 1. of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

AB383,52,22 165.77 (4) (am) 1. If 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, 975.54 (2), or 980.063, all convictions, findings, 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, 975.54 (2), or 980.063 have been reversed, set aside, or vacated.

AB383,99 Section 99 . 165.77 (4) (am) 2. (intro.), a., b. and d. of the statutes, as created by 2013 Wisconsin Act 20, are amended to read:

AB383,53,3 165.77 (4) (am) 2. (intro.) If the person was required to provide a biological specimen under s. 165.84 (7) in connection with an arrest or under s. 970.02 (8) 971.027 (7), one of the following applies:

AB383,53,6 a. All charges filed in connection with the arrest and all charges for which the person was required to provide a biological specimen under s. 970.02 (8) 971.027 (7) have been dismissed.

AB383,53,11 b. The trial court reached final disposition for all charges in connection with the arrest and for any charges for which the person was required to provide a biological specimen under s. 970.02 (8) 971.027 (7), and the person was not adjudged guilty of a crime in connection with the arrest or any charge for which the person was required to provide a biological specimen under s. 970.02 (8) 971.027 (7).

AB383,53,15 d. The person was adjudged guilty of a crime in connection with either the arrest or any charge for which the person was required to provide a biological specimen under s. 970.02 (8) 971.027 (7), and all such convictions have been reversed, set aside, or vacated.

AB383,100 Section 100. 165.79 (1) of the statutes is amended to read:

AB383,54,7 165.79 (1) Evidence, information, and analyses of evidence obtained from law enforcement officers by the laboratories is privileged and not available to persons other than law enforcement officers nor is the defendant entitled to an inspection of information and evidence submitted to the laboratories by the state or of a laboratory's findings, or to examine laboratory personnel as witnesses concerning the same, prior to trial, except to the extent that the same is used by the state at a preliminary hearing and except as provided in s. 971.23 subch. IV of ch. 971. Upon request of a defendant in a felony action, approved by the presiding judge, the laboratories shall conduct analyses of evidence on behalf of the defendant. No prosecuting officer is entitled to an inspection of information and evidence submitted to the laboratories by the defendant, or of a laboratory's findings, or to examine laboratory personnel as witnesses concerning the same, prior to trial, except to the extent that the same is used by the accused at a preliminary hearing and except as provided in s. 971.23 subch. IV of ch. 971. Employees who made examinations or analyses of evidence shall attend the criminal trial as witnesses, without subpoena, upon reasonable written notice from either party requesting the attendance.

AB383,101 Section 101. 165.81 (1) of the statutes is amended to read:

AB383,54,22 165.81 (1) Whenever the department is informed by the submitting officer or agency that physical evidence in the possession of the laboratories is no longer needed the department may, except as provided in sub. (3) or unless otherwise provided by law, destroy the evidence, retain it in the laboratories, return it to the submitting officer or agency, or turn it over to the University of Wisconsin upon the request of the head of any department of the University of Wisconsin. If the department returns the evidence to the submitting officer or agency, any action taken by the officer or agency with respect to the evidence shall be in accordance with s. 968.20 ss. 175.27 and 968.625. Except as provided in sub. (3), whenever the department receives information from which it appears probable that the evidence is no longer needed, the department may give written notice to the submitting agency and the appropriate district attorney, by registered mail, of the intention to dispose of the evidence. If no objection is received within 20 days after the notice was mailed, it may dispose of the evidence.

AB383,102 Section 102. 165.81 (3) (a) 1. and 2., (b) and (f) of the statutes are amended to read:

AB383,54,25 165.81 (3) (a) 1. "Custody" has the meaning given in s. 968.205 968.645 (1) (a).

AB383,55,1 2. "Discharge date" has the meaning given in s. 968.205 968.645 (1) (b).

AB383,55,10 (b) Except as provided in par. (c), if physical evidence that is in the possession of the laboratories includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, a delinquency adjudication, or commitment under s. 971.17 or 980.06 and the biological material is from a victim of the offense that was the subject of the criminal investigation or may reasonably be used to incriminate or exculpate any person for the offense or subch. III of ch. 975, the laboratories shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.

AB383,55,16 (f) Unless otherwise provided in a court order issued under s. 974.07 (9) (a) or (b) or (10) (a) 5., nothing in this subsection prohibits the laboratories from returning evidence that must be preserved under par. (b) or (e) to the agency that submitted the evidence to the laboratories. If the laboratories return evidence that must be preserved under par. (b) or (e) to a submitting agency, any action taken by the agency with respect to the evidence shall be in accordance with s. 968.205 968.645.

AB383,103 Section 103. 167.10 (8) (b) of the statutes is amended to read:

AB383,56,2 167.10 (8) (b) Fireworks stored, handled, sold, possessed, or used by a person who violates this section, an ordinance adopted under sub. (5), or a court order under par. (a) may be seized and held as evidence of the violation. Except as provided in s. 968.20 (4) 175.27 (2), only the fireworks that are the subject of a violation of this section, an ordinance adopted under sub. (5), or a court order under par. (a) may be destroyed after conviction for a violation. Except as provided in s. 968.20 (4) 175.27 (2), fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner in the same condition as they were when seized to the extent practicable.

AB383,104 Section 104. 169.42 (2) (b) of the statutes is amended to read:

AB383,56,7 169.42 (2) (b) A conservation warden and the department shall comply with the applicable procedures under ss. 29.931, 29.934, and 968.20 968.625 as they relate to seized and confiscated wild animals, carcasses, vehicles, boats, or other objects or property.

AB383,105 Section 105. 169.45 (5) (intro.) of the statutes is amended to read:

AB383,56,14 169.45 (5) Penalties; repeaters. (intro.) If a person is convicted of any violation of this chapter and it is alleged in the indictment, information, or complaint, and proved or admitted at trial or ascertained by the court after conviction that the person was previously convicted within a period of 5 years for a violation of this chapter, the person shall be subject to all of the following in addition to the penalty for the current violation: