AB40,864,1211 165.76 (1) (as) Is or was found guilty of any misdemeanor on or after the
12effective date of this paragraph .... [LRB inserts date].
AB40,1908 13Section 1908. 165.76 (1) (av) of the statutes is renumbered 165.76 (1) (av)
14(intro.) and amended to read:
AB40,864,1615 165.76 (1) (av) (intro.) Is or was found guilty on or after January 1, 2000, of any
16of the following:
AB40,864,17 171. Any felony or any.
AB40,864,19 182. Before the effective date of this subdivision .... [LRB inserts date], any
19violation of s. 165.765 (1), 2011 stats., 940.225 (3m), 944.20, or 948.10 (1) (b).
AB40,1909 20Section 1909. 165.76 (1) (aw) of the statutes is created to read:
AB40,864,2321 165.76 (1) (aw) Is or was found guilty on or after January 1, 2000, and before
22the effective date of this paragraph .... [LRB inserts date], of any violation of s.
23940.225 (3m), 944.20, or 948.10.
AB40,1910 24Section 1910. 165.76 (1) (b) of the statutes is renumbered 165.76 (1) (bm).
AB40,1911 25Section 1911. 165.76 (1) (bg) of the statutes is created to read:
AB40,865,2
1165.76 (1) (bg) Is or was sentenced or placed on probation on or after August
212, 1993, for a violation of s. 940.225, 948.02 (1) or (2), or 948.025.
AB40,1912 3Section 1912. 165.76 (1) (br) of the statutes is amended to read:
AB40,865,74 165.76 (1) (br) Has been found not guilty or not responsible by reason of mental
5disease or defect on or after January 1, 2000, and committed under s. 51.20 or 971.17,
6for any felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 944.20,
7946.52, or 948.10 (1) (b).
AB40,1913 8Section 1913. 165.76 (1) (cr) of the statutes is amended to read:
AB40,865,119 165.76 (1) (cr) Is or was in institutional care on or after January 1, 2000, for
10a felony or any violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 944.20,
11946.52, or 948.10 (1) (b).
AB40,1914 12Section 1914. 165.76 (1) (g) of the statutes is amended to read:
AB40,865,1613 165.76 (1) (g) Has been required by a court under s. 51.20 (13) (cr), 165.84 (7),
14938.21 (1m), 938.30 (2m),
938.34 (15m) (15), 970.02 (8), 971.17 (1m) (a), 973.047, or
15980.063 to provide a biological specimen to the state crime laboratories for
16deoxyribonucleic acid analysis.
AB40,1915 17Section 1915. 165.76 (1m) of the statutes is amended to read:
AB40,866,218 165.76 (1m) If a person is required to provide a biological specimen under sub.
19(1) (a) to (g) and the department of justice does not have the data obtained from
20analysis of a biological specimen from the person that the department is required to
21maintain in the data bank under s. 165.77 (3), the department may require the
22person to provide a biological specimen, regardless of whether the person previously
23provided a biological specimen under this section or s. 51.20 (13) (cr), 165.84 (7),
24938.21 (1m), 938.30 (2m),
938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or
25980.063. The department of justice, the department of corrections, a district

1attorney, or a county sheriff, shall notify any person whom the department of justice
2requires to provide a biological specimen under this subsection.
AB40,1916 3Section 1916. 165.76 (2m) of the statutes is repealed.
AB40,1917 4Section 1917. 165.76 (2r) of the statutes is amended to read:
AB40,866,95 165.76 (2r) Failure by a person who is required to provide a biological specimen
6under sub. (1) to provide the biological specimen at the time and place provided under
7sub. (2m)
in accordance with the rules promulgated under sub. (4) does not relieve
8the person of the obligation to provide a biological specimen to the state crime
9laboratories for deoxyribonucleic acid analysis.
AB40,1918 10Section 1918. 165.76 (3) of the statutes is repealed.
AB40,1919 11Section 1919. 165.76 (4) of the statutes is renumbered 165.76 (4) (intro.) and
12amended to read:
AB40,866,1413 165.76 (4) (intro.) The department of justice may shall promulgate rules to
14implement
do all of the following:
AB40,866,15 15(e) Carry out the department's duties under this section.
AB40,1920 16Section 1920. 165.76 (4) (a), (b), (c) and (d) of the statutes are created to read:
AB40,866,2017 165.76 (4) (a) Establish procedures and time limits for obtaining and
18submitting biological specimens under this section and ss. 51.20 (13) (cr), 165.84 (7),
19938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, and
20980.063.
AB40,867,221 (b) Specify whether an individual who is required under this section or s. 51.20
22(13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a),
23973.047, or 980.063 to provide a biological specimen for deoxyribonucleic acid
24analysis must provide a new biological specimen if the crime laboratories already
25have a biological specimen from the individual or if data obtained from

1deoxyribonucleic acid analysis of the individual's biological specimen are already
2included in the data bank under s. 165.77 (3).
AB40,867,73 (c) Allow a biological specimen, or data obtained from analysis of a biological
4specimen, obtained under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m),
5938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 to be
6submitted for inclusion in an index established under 42 USC 14132 (a) or in another
7national index system.
AB40,867,128 (d) Provide reimbursement from s. 20.455 (2) (Lm) to a person in charge of a
9law enforcement agency or tribal law enforcement agency at a rate of $10 per
10specimen except that, if the department already has a biological specimen, or data
11obtained from analysis of a biological specimen, from the individual, the department
12may not reimburse the person in charge of the agency.
AB40,1921 13Section 1921. 165.765 (title) of the statutes is amended to read:
AB40,867,14 14165.765 (title) Biological specimen; penalty force and immunity.
AB40,1922 15Section 1922. 165.765 (1) of the statutes is renumbered 946.52 and amended
16to read:
AB40,867,21 17946.52 Failure to submit biological specimen. Whoever intentionally fails
18to comply with a requirement to submit a biological specimen under s. 165.76, 165.84
19(7), 938.21 (1m), 938.30 (2m),
938.34 (15), 970.02 (8), 973.047, or 980.063 may be
20fined not more than $10,000 or imprisoned for not more than 9 months or both
is
21guilty of a Class A misdemeanor
.
AB40,1923 22Section 1923. 165.765 (1g) and (1m) of the statutes are created to read:
AB40,867,2323 165.765 (1g) In this section:
AB40,867,2424 (a) "Correctional officer" has the meaning given in s. 301.28 (1).
AB40,867,2525 (b) "Jail officer" has the meaning given in s. 165.85 (2) (bn).
AB40,868,1
1(c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB40,868,22 (d) "Tribal officer" has the meaning given in s. 165.85 (2) (g).
AB40,868,8 3(1m) A law enforcement officer; a jail officer; a tribal officer; a correctional
4officer; a probation, extended supervision, or parole officer; or an employee of the
5department of health services may use reasonable force to obtain a biological
6specimen from a person who intentionally refuses to provide a biological specimen
7that is required under s. 165.76 (1), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15),
8or 970.02 (8).
AB40,1924 9Section 1924. 165.765 (2) (a) of the statutes is renumbered 165.765 (2) (a) 1.
10and amended to read:
AB40,868,1611 165.765 (2) (a) 1. Any physician, registered nurse, medical technologist,
12physician assistant, or person acting under the direction of a physician who obtains
13a biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30
14(2m),
938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 is immune from any
15civil or criminal liability for the act, except for civil liability for negligence in the
16performance of the act.
AB40,1925 17Section 1925. 165.765 (2) (b) of the statutes is renumbered 165.765 (2) (a) 2.
18and amended to read:
AB40,868,2319 165.765 (2) (a) 2. Any employer of the physician, nurse, technologist, assistant,
20or person under par. (a) subd. 1. or any hospital where blood is withdrawn by that
21physician, nurse, technologist, assistant, or person has the same immunity from
22liability under par. (a)
is immune from any civil or criminal liability for the act, except
23for civil liability for negligence in the performance of the act
.
AB40,1926 24Section 1926. 165.765 (2) (bm) of the statutes is created to read:
AB40,869,6
1165.765 (2) (bm) A law enforcement officer; a jail officer; a tribal officer; a
2correctional officer; a probation, extended supervision, or parole officer; or an
3employee of the department of health services, who is authorized to collect biological
4specimens, is immune from civil or criminal liability for collecting a biological
5specimen if the collection is in compliance with sub. (1m) and s. 165.76 and performed
6in good faith and in a reasonable manner.
AB40,1927 7Section 1927. 165.77 (1) (am) of the statutes is created to read:
AB40,869,118 165.77 (1) (am) "Juvenile offense requiring the submission of a specimen"
9means an offense for which the juvenile is required under s. 938.34 (15) (a) to provide
10a biological specimen to the state crime laboratories for deoxyribonucleic acid
11analysis.
AB40,1928 12Section 1928. 165.77 (2) (a) 2. of the statutes is amended to read:
AB40,869,2213 165.77 (2) (a) 2. The laboratories may compare the data obtained from the
14specimen with data obtained from other specimens. The laboratories may make data
15obtained from any analysis and comparison available to law enforcement agencies
16in connection with criminal or delinquency investigations and, upon request, to any
17prosecutor, defense attorney, or subject of the data. The data may be used in criminal
18and delinquency actions and proceedings. The laboratories shall not include data
19obtained from deoxyribonucleic acid analysis of those specimens received under this
20paragraph in the data bank under sub. (3). The laboratories shall destroy specimens
21obtained under this paragraph after analysis has been completed and the applicable
22court proceedings have concluded.
AB40,1929 23Section 1929. 165.77 (2) (b) of the statutes is amended to read:
AB40,870,3
1165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 51.20
2(13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17
3(1m) (a), 973.047, or 980.063.
AB40,1930 4Section 1930. 165.77 (2m) (c) of the statutes is amended to read:
AB40,870,75 165.77 (2m) (c) Paragraph (b) does not apply to specimens received under s.
651.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8),
7971.17 (1m) (a), 973.047, or 980.063.
AB40,1931 8Section 1931. 165.77 (3) of the statutes is amended to read:
AB40,870,219 165.77 (3) If the laboratories receive a human biological specimen under s.
1051.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8),
11971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the
12deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank
13based on data obtained from deoxyribonucleic acid analysis of those specimens. The
14laboratories may compare the data obtained from one specimen with the data
15obtained from other specimens. The laboratories may make data obtained from any
16analysis and comparison available to law enforcement agencies in connection with
17criminal or delinquency investigations and, upon request, to any prosecutor, defense
18attorney or subject of the data. The data may be used in criminal and delinquency
19actions and proceedings. The laboratories shall destroy specimens obtained under
20this subsection after analysis has been completed and the applicable court
21proceedings have concluded.
AB40,1932 22Section 1932. 165.77 (4) (intro.) of the statutes is renumbered 165.77 (4) (am)
23(intro.) and amended to read:
AB40,871,224 165.77 (4) (am) (intro.) A person whose deoxyribonucleic acid analysis data has
25have been included in the data bank under sub. (3) may request expungement on the

1grounds that his or her conviction or adjudication has been reversed, set aside or
2vacated. The
all of the following conditions are satisfied:
AB40,871,8 3(bm) If the department determines that the conditions under par. (am) are
4satisfied, the
laboratories shall purge all records and identifiable information in the
5data bank pertaining to the person and destroy all samples from the person if it
6receives all of the following:
upon receiving the person's written request for
7expungement and any documentation the department requires under rules
8promulgated under sub. (8).
AB40,1933 9Section 1933. 165.77 (4) (a) and (b) of the statutes are repealed.
AB40,1934 10Section 1934. 165.77 (4) (am) 1., 2. and 3. of the statutes are created to read:
AB40,871,1511 165.77 (4) (am) 1. If the person was required to submit a biological specimen
12under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063, all
13convictions or adjudications for which the person was required to submit a biological
14specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or
15980.063 have been reversed, set aside, or vacated.
AB40,871,1716 2. If the person was required to provide a biological specimen under s. 165.84
17(7) in connection with an arrest or under s. 970.02 (8), one of the following applies:
AB40,871,2018 a. All charges filed in connection with the arrest and all charges for which the
19person was required to provide a biological specimen under s. 970.02 (8) have been
20dismissed.
AB40,871,2521 b. The trial court reached final disposition for all charges in connection with
22the arrest and for any charges for which the person was required to provide a
23biological specimen under s. 970.02 (8), and the person was not adjudged guilty of a
24crime in connection with the arrest or any charge for which the person was required
25to provide a biological specimen under s. 970.02 (8).
AB40,872,2
1c. At least one year has passed since the arrest and the person has not been
2charged with a crime in connection with the arrest.
AB40,872,63 d. The person was adjudged guilty of a crime in connection with either the
4arrest or any charge for which the person was required to provide a biological
5specimen under s. 970.02 (8), and all such convictions have been reversed, set aside,
6or vacated.
AB40,872,97 3. If the person was required to provide a biological specimen under s. 165.84
8(7) in connection with being taken into custody under s. 938.19 or under s. 938.21
9(1m) or 938.30 (2m), one of the following applies:
AB40,872,1210 a. All criminal complaints or delinquency petitions alleging that the person
11committed a violation of a juvenile offense requiring the submission of a specimen
12in connection with the taking into custody have been dismissed.
AB40,872,1713 b. The trial court reached final disposition for all allegations that the person
14committed a violation of a juvenile offense requiring the submission of a specimen
15in connection with the taking into custody and the person was not convicted or
16adjudged delinquent for a juvenile offense requiring the submission of a specimen
17in connection with the taking into custody.
AB40,872,2118 c. At least one year has passed since the person was taken into custody and no
19criminal complaint or delinquency petition alleging that the person committed a
20violation of a juvenile offense requiring the submission of a specimen has been filed
21against the person in connection with the taking into custody.
AB40,872,2522 d. The person was convicted or adjudged delinquent for a juvenile offense
23requiring the submission of a specimen in connection with the taking into custody
24and the conviction or delinquency adjudication has been reversed, set aside, or
25vacated.
AB40,1935
1Section 1935. 165.77 (7m) of the statutes is created to read:
AB40,873,82 165.77 (7m) An entry in the data bank that is found to be erroneous does not
3prohibit the legitimate use of the entry to further a criminal investigation or
4prosecution. The failure of a law enforcement agency or the laboratories to comply
5with s. 165.76, 165.765, 165.77, or 165.84, or any rules or procedures adopted to
6administer those sections, is not grounds for challenging the validity of the data
7collection, for challenging the use of the sample as provided in those sections, or for
8the suppression of evidence based upon or derived from any entry in the data bank.
AB40,1936 9Section 1936. 165.825 of the statutes is amended to read:
AB40,873,14 10165.825 Information link; department of health services. The
11department of justice shall cooperate with the departments of safety and
12professional services and, health services , and financial institutions in developing
13and maintaining a computer linkup to provide access to the information obtained
14from a criminal history search.
AB40,1937 15Section 1937. 165.84 (7) of the statutes is created to read:
AB40,874,216 165.84 (7) (a) Subject to rules promulgated under s. 165.76 (4), all persons in
17charge of law enforcement and tribal law enforcement agencies shall obtain, when
18the individual's fingerprints or other identifying data are obtained, a biological
19specimen for deoxyribonucleic acid analysis from each individual arrested for a
20felony or for an offense under s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31,
21944.33 (1), 946.52, or 948.10 (1) (b) and each minor taken into custody for a juvenile
22offense requiring the submission of a specimen, as defined under s. 165.77 (1) (am).
23The person in charge of the law enforcement or tribal law enforcement agency shall
24submit the specimen to the crime laboratories for deoxyribonucleic acid analysis and

1inclusion of the individual's deoxyribonucleic acid profile in the data bank under s.
2165.77 (3).
AB40,874,43 (b) Biological samples required under par. (a) shall be obtained and submitted
4as specified in rules promulgated by the department of justice under s. 165.76 (4).
AB40,874,65 (c) Biological specimens obtained under this section may be used only as
6provided under s. 165.77.
AB40,1938 7Section 1938. 165.845 (title) of the statutes is created to read:
AB40,874,8 8165.845 (title) Collect crime data.
AB40,1939 9Section 1939. 165.845 (1) (intro.) of the statutes is created to read:
AB40,874,1010 165.845 (1) (intro.) The department of justice shall:
AB40,1940 11Section 1940. 165.89 (4) of the statutes is repealed.
AB40,1941 12Section 1941. 165.91 (4) of the statutes is repealed.
AB40,1942 13Section 1942. 165.93 (2) (a) of the statutes is amended to read:
AB40,874,1614 165.93 (2) (a) Beginning on January 1, 1995, the The department shall provide
15grants to eligible organizations from the appropriation appropriations under s.
1620.455 (5) (gc) (e) and (gj) to provide services for sexual assault victims.
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