AB40: Bill Text

AB40,1921 Section 1921. 165.765 (title) of the statutes is amended to read:

AB40,867,14 165.765 (title) Biological specimen; penalty force and immunity.

AB40,1922 Section 1922. 165.765 (1) of the statutes is renumbered 946.52 and amended to read:

AB40,867,21 946.52 Failure to submit biological specimen. Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 973.047, or 980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor.

AB40,1923 Section 1923. 165.765 (1g) and (1m) of the statutes are created to read:

AB40,867,23 165.765 (1g) In this section:

AB40,867,24 (a) "Correctional officer" has the meaning given in s. 301.28 (1).

AB40,867,25 (b) "Jail officer" has the meaning given in s. 165.85 (2) (bn).

AB40,868,1 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB40,868,2 (d) "Tribal officer" has the meaning given in s. 165.85 (2) (g).

AB40,868,8 (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).

AB40,1924 Section 1924. 165.765 (2) (a) of the statutes is renumbered 165.765 (2) (a) 1. and amended to read:

AB40,868,16 165.765 (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), 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.

AB40,1925 Section 1925. 165.765 (2) (b) of the statutes is renumbered 165.765 (2) (a) 2. and amended to read:

AB40,868,23 165.765 (2) (a) 2. Any employer of the physician, nurse, technologist, assistant, or person under par. (a) subd. 1. or any hospital where blood is withdrawn by that physician, nurse, technologist, assistant, or person has the same immunity from liability under par. (a) is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

AB40,1926 Section 1926. 165.765 (2) (bm) of the statutes is created to read:

AB40,869,6 165.765 (2) (bm) 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, who is authorized to collect biological specimens, is immune from civil or criminal liability for collecting a biological specimen if the collection is in compliance with sub. (1m) and s. 165.76 and performed in good faith and in a reasonable manner.

AB40,1927 Section 1927. 165.77 (1) (am) of the statutes is created to read:

AB40,869,11 165.77 (1) (am) "Juvenile offense requiring the submission of a specimen" means an offense for which the juvenile is required under s. 938.34 (15) (a) to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

AB40,1928 Section 1928. 165.77 (2) (a) 2. of the statutes is amended to read:

AB40,869,22 165.77 (2) (a) 2. The laboratories may compare the data obtained from the specimen with 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 not include data obtained from deoxyribonucleic acid analysis of those specimens received under this paragraph in the data bank under sub. (3). The laboratories shall destroy specimens obtained under this paragraph after analysis has been completed and the applicable court proceedings have concluded.

AB40,1929 Section 1929. 165.77 (2) (b) of the statutes is amended to read:

AB40,870,3 165.77 (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), 971.17 (1m) (a), 973.047, or 980.063.

AB40,1930 Section 1930. 165.77 (2m) (c) of the statutes is amended to read:

AB40,870,7 165.77 (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), 971.17 (1m) (a), 973.047, or 980.063.

AB40,1931 Section 1931. 165.77 (3) of the statutes is amended to read:

AB40,870,21 165.77 (3) If the laboratories receive a human 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), 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.

AB40,1932 Section 1932. 165.77 (4) (intro.) of the statutes is renumbered 165.77 (4) (am) (intro.) and amended to read:

AB40,871,2 165.77 (4) (am) (intro.) A person whose deoxyribonucleic acid analysis data has have been included in the data bank under sub. (3) may request expungement on the grounds that his or her conviction or adjudication has been reversed, set aside or vacated. The all of the following conditions are satisfied:

AB40,871,8 (bm) If the department determines that the conditions under par. (am) are satisfied, the laboratories shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person if it receives all of the following: upon receiving the person's written request for expungement and any documentation the department requires under rules promulgated under sub. (8).

AB40,1933 Section 1933. 165.77 (4) (a) and (b) of the statutes are repealed.

AB40,1934 Section 1934. 165.77 (4) (am) 1., 2. and 3. of the statutes are created to read:

AB40,871,15 165.77 (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, or 980.063, 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.

AB40,871,17 2. 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), one of the following applies:

AB40,871,20 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) have been dismissed.

AB40,871,25 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), 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).

AB40,872,2 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.

AB40,872,6 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), and all such convictions have been reversed, set aside, or vacated.

AB40,872,9 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 or under s. 938.21 (1m) or 938.30 (2m), one of the following applies:

AB40,872,12 a. All criminal complaints or delinquency petitions alleging that the person committed a violation of a juvenile offense requiring the submission of a specimen in connection with the taking into custody have been dismissed.

AB40,872,17 b. The trial court reached final disposition for all allegations that the person committed a violation of a juvenile offense requiring the submission of a specimen in connection with the taking into custody and the person was not convicted or adjudged delinquent for a juvenile offense requiring the submission of a specimen in connection with the taking into custody.

AB40,872,21 c. At least one year has passed since the person was taken into custody and no criminal complaint or delinquency petition alleging that the person committed a violation of a juvenile offense requiring the submission of a specimen has been filed against the person in connection with the taking into custody.

AB40,872,25 d. The person was convicted or adjudged delinquent for a juvenile offense requiring the submission of a specimen in connection with the taking into custody and the conviction or delinquency adjudication has been reversed, set aside, or vacated.

AB40,1935 Section 1935. 165.77 (7m) of the statutes is created to read:

AB40,873,8 165.77 (7m) An entry in the data bank that is found to be erroneous does not prohibit the legitimate use of the entry to further a criminal investigation or prosecution. The failure of a law enforcement agency or the laboratories to comply with s. 165.76, 165.765, 165.77, or 165.84, or any rules or procedures adopted to administer those sections, is not grounds for challenging the validity of the data collection, for challenging the use of the sample as provided in those sections, or for the suppression of evidence based upon or derived from any entry in the data bank.

AB40,1936 Section 1936. 165.825 of the statutes is amended to read:

AB40,873,14 165.825 Information link; department of health services. The department of justice shall cooperate with the departments of safety and professional services and, health services , and financial institutions in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

AB40,1937 Section 1937. 165.84 (7) of the statutes is created to read:

AB40,874,2 165.84 (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, when the individual's fingerprints or other identifying data are obtained, a biological specimen for deoxyribonucleic acid analysis from each individual arrested for a felony or for an offense under s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b) and each minor taken into custody for a juvenile offense requiring the submission of a specimen, as defined under s. 165.77 (1) (am). 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 individual's deoxyribonucleic acid profile in the data bank under s. 165.77 (3).

AB40,874,4 (b) Biological samples required under par. (a) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,874,6 (c) Biological specimens obtained under this section may be used only as provided under s. 165.77.

AB40,1938 Section 1938. 165.845 (title) of the statutes is created to read:

AB40,874,8 165.845 (title) Collect crime data.

AB40,1939 Section 1939. 165.845 (1) (intro.) of the statutes is created to read:

AB40,874,10 165.845 (1) (intro.) The department of justice shall:

AB40,1940 Section 1940. 165.89 (4) of the statutes is repealed.

AB40,1941 Section 1941. 165.91 (4) of the statutes is repealed.

AB40,1942 Section 1942. 165.93 (2) (a) of the statutes is amended to read:

AB40,874,16 165.93 (2) (a) Beginning on January 1, 1995, the The department shall provide grants to eligible organizations from the appropriation appropriations under s. 20.455 (5) (gc) (e) and (gj) to provide services for sexual assault victims.

AB40,1943 Section 1943. 165.94 of the statutes is created to read:

AB40,874,23 165.94 Grants for global positioning system tracking. (1) From the appropriation under s. 20.455 (5) (br), the department of justice may provide grants to any eligible local unit of government, law enforcement agency, or tribal law enforcement agency whose plan for expending the grant moneys to fund a global positioning system tracking program for persons who are subject to an order under s. 813.129 is approved.

AB40,875,4 (2) The department of justice shall develop criteria which, notwithstanding s. 227.10 (1), need not be promulgated as rules under ch. 227, as guidelines to be followed by a local unit of government, law enforcement agency, or tribal law enforcement agency that wishes to establish a program for global positioning system tracking pursuant to s. 813.129 (6) for persons subject to an order under s. 813.129 (1) (a) and for use in awarding grants under this section.

AB40,1944 Section 1944. 165.95 (title) of the statutes is created to read:

AB40,875,6 165.95 (title) Alternatives to incarceration; grant program.

AB40,1945 Section 1945. 165.984 of the statutes is repealed.

AB40,1946 Section 1946. 165.986 (title) of the statutes is created to read:

AB40,875,9 165.986 (title) Beat patrol officers; grant program.

AB40,1947 Section 1947. 165.987 (title) of the statutes is created to read:

AB40,875,11 165.987 (title) Youth diversion programs; grant program.

AB40,1948 Section 1948. 167.35 (1) (f) 4. of the statutes is created to read:

AB40,875,17 167.35 (1) (f) 4. Any person who owns an automated roll-your-own machine that is used to make cigarettes, not including an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.

AB40,1949 Section 1949. Chapter 168 (title) of the statutes is repealed and recreated to read:

AB40,875,20 CHAPTER 168

AB40,875,22 petroleum products and dangerous substances

AB40,1950 Section 1950. Subchapter I (title) of chapter 168 [precedes 168.01] of the statutes is created to read:

AB40,875,25 CHAPTER 168

AB40,876,1 SUBCHAPTER I

AB40,876,2 Petroleum product inspections

AB40,1951 Section 1951. 168.01 (intro.) of the statutes is amended to read:

AB40,876,4 168.01 Definitions. (intro.) In this chapter subchapter:

AB40,1952 Section 1952. 168.01 (1) of the statutes is amended to read:

AB40,876,7 168.01 (1) "Department" means the department of safety and professional services agriculture, trade and consumer protection.

AB40,1953 Section 1953. 168.01 (2) of the statutes is renumbered 168.01 (4).

AB40,1954 Section 1954. 168.02 (title) of the statutes is repealed.

AB40,1955 Section 1955. 168.02 of the statutes is renumbered 168.01 (2).

AB40,1956 Section 1956. 168.03 (title) of the statutes is repealed.

AB40,1957 Section 1957. 168.03 of the statutes is renumbered 168.01 (3).

AB40,1958 Section 1958. 168.05 (1) of the statutes is amended to read: