SB82,44,2016 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be
17released to appropriate examiners and facilities in accordance with s. 971.17 (2) (e),
18(4) (c), and (7) (c)
975.56 (2), 975.59 (3), and 975.63 (4). The recipient of any
19information from the records shall keep the information confidential except as
20necessary to comply with s. 971.17 subch. III of ch. 975.
SB82,77 21Section 77. 154.30 (3) (a) 2. of the statutes is amended to read:
SB82,44,2522 154.30 (3) (a) 2. Any power or duty of a coroner, medical examiner, or other
23physician licensed to perform autopsies with respect to the reporting of certain
24deaths, and the performance of autopsies, under ch. 979 and with respect to inquests
25under subch. I of ch. 979 968.
SB82,78
1Section 78. 165.76 (1) (bm) of the statutes, as affected by 2013 Wisconsin Act
220
, is amended to read:
SB82,45,63 165.76 (1) (bm) Has been found not guilty or not responsible by reason of
4mental disease or defect on or after August 12, 1993, and committed under s. 51.20
5or 971.17 subch. III of ch. 975 for any violation of s. 940.225 (1) or (2), 948.02 (1) or
6(2), 948.025, or 948.085.
SB82,79 7Section 79. 165.76 (1) (br) of the statutes, as affected by 2013 Wisconsin Act
820
, is amended to read:
SB82,45,129 165.76 (1) (br) Has been found not guilty or not responsible by reason of mental
10disease or defect on or after January 1, 2000, and committed under s. 51.20 or 971.17
11subch. III of ch. 975, for any felony or a violation of s. 165.765 (1), 2011 stats., or of
12s. 940.225 (3m), 944.20, 946.52, or 948.10 (1) (b).
SB82,80 13Section 80. 165.76 (1) (g) of the statutes, as affected by 2013 Wisconsin Act 20,
14is amended to read:
SB82,45,1815 165.76 (1) (g) Has been required by a court under s. 51.20 (13) (cr), 938.21 (1m),
16938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7), 973.047, 975.54 (2)
17(a),
or 980.063 to provide a biological specimen to the state crime laboratories for
18deoxyribonucleic acid analysis.
SB82,81 19Section 81. 165.76 (1m) of the statutes, as affected by 2013 Wisconsin Act 20,
20is amended to read:
SB82,46,521 165.76 (1m) If a person is required to provide a biological specimen under sub.
22(1) (a) to (gm) and the department of justice does not have the data obtained from
23analysis of a biological specimen from the person that the department is required to
24maintain in the data bank under s. 165.77 (3), the department may require the
25person to provide a biological specimen, regardless of whether the person previously

1provided a biological specimen under this section or s. 51.20 (13) (cr), 165.84 (7),
2938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7),
3973.047, 975.54 (2) (a), or 980.063. The department of justice, the department of
4corrections, a district attorney, or a county sheriff, shall notify any person whom the
5department of justice requires to provide a biological specimen under this subsection.
SB82,82 6Section 82. 165.76 (2m) (g) of the statutes is amended to read:
SB82,46,97 165.76 (2m) (g) If the person has been committed to the department of health
8services under s. 51.20 or 971.17 subch. III of ch. 975 or found to be a sexually violent
9person under ch. 980, as directed by the department of health services.
SB82,83 10Section 83 . 165.76 (4) (a) and (b) of the statutes, as created by 2013 Wisconsin
11Act 20
, are amended to read:
SB82,46,1512 165.76 (4) (a) Establish procedures and time limits for obtaining and
13submitting biological specimens under this section and ss. 51.20 (13) (cr), 165.84 (7),
14938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7),
15973.047, 975.54 (2) (a), and 980.063.
SB82,46,2216 (b) Specify whether an individual who is required under this section or s. 51.20
17(13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a)
18971.027 (7), 973.047, 975.54 (2) (a), or 980.063 to provide a biological specimen for
19deoxyribonucleic acid analysis must provide a new biological specimen if the crime
20laboratories already have a biological specimen from the individual or if data
21obtained from deoxyribonucleic acid analysis of the individual's biological specimen
22are already included in the data bank under s. 165.77 (3).
SB82,84 23Section 84. 165.76 (4) (c) of the statutes, as affected by 2013 Wisconsin Act 214,
24is amended to read:
SB82,47,6
1165.76 (4) (c) Allow a biological specimen, or data obtained from analysis of a
2biological specimen, obtained under this section, under s. 51.20 (13) (cr), 938.21 (1m),
3938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7), 973.047, 975.54 (2)
4(a),
or 980.063, or, if the specimen is required to be analyzed under s. 165.84 (7) (am)
51m., under s. 165.84 (7) (ah), to be submitted for inclusion in an index established
6under 42 USC 14132 (a) or in another national index system.
SB82,85 7Section 85 . 165.765 (1m) of the statutes, as created by 2013 Wisconsin Act 20,
8is amended to read:
SB82,47,149 165.765 (1m) A law enforcement officer; a jail officer; a tribal officer; a
10correctional officer; a probation, extended supervision, or parole officer; or an
11employee of the department of health services may use reasonable force to obtain a
12biological specimen from a person who intentionally refuses to provide a biological
13specimen that is required under s. 165.76 (1), 165.84 (7), 938.21 (1m), 938.30 (2m),
14938.34 (15), or 970.02 (8) 971.027 (7).
SB82,86 15Section 86 . 165.765 (2) (a) 1. of the statutes, as affected by 2013 Wisconsin Act
1620
, is amended to read:
SB82,47,2217 165.765 (2) (a) 1. Any physician, registered nurse, medical technologist,
18physician assistant, or person acting under the direction of a physician who obtains
19a biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30
20(2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a) 971.027 (7), 973.047, 975.54 (2) (a), or
21980.063 is immune from any civil or criminal liability for the act, except for civil
22liability for negligence in the performance of the act.
SB82,87 23Section 87. 165.77 (2) (b) of the statutes, as affected by 2013 Wisconsin Act 20,
24is amended to read:
SB82,48,3
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)
971.027 (7), 973.047, 975.54 (2) (a), or 980.063.
SB82,88 4Section 88. 165.77 (2m) (c) of the statutes, as affected by 2013 Wisconsin Act
520
, is amended to read:
SB82,48,86 165.77 (2m) (c) Paragraph (b) does not apply to specimens received under s.
751.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8),
8971.17 (1m) (a)
971.027 (7), 973.047, 975.54 (2) (a), or 980.063.
SB82,89 9Section 89. 165.77 (3) of the statutes, as affected by 2013 Wisconsin Act 214,
10is amended to read:
SB82,48,2311 165.77 (3) If the laboratories receive a human biological specimen under s.
1251.20 (13) (cr), 165.76, 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m)
13(a) 971.027 (7), 973.047, 975.54 (2) (a), or 980.063, the laboratories shall analyze the
14deoxyribonucleic acid in the specimen. If the laboratories receive a human biological
15specimen under s. 165.84 (7) (ah), the laboratories shall analyze the deoxyribonucleic
16acid in the specimen as provided under s. 165.84 (7) (am) 1m. The laboratories shall
17maintain a data bank based on data obtained from deoxyribonucleic acid analysis of
18those specimens. The laboratories may compare the data obtained from one
19specimen with the data obtained from other specimens. The laboratories may make
20data obtained from any analysis and comparison available to law enforcement
21agencies in connection with criminal or delinquency investigations and, upon
22request, to any prosecutor, defense attorney or subject of the data. The data may be
23used in criminal and delinquency actions and proceedings.
SB82,90 24Section 90. 165.77 (4) (am) 1. of the statutes, as created by 2013 Wisconsin Act
2520
, is amended to read:
SB82,49,6
1165.77 (4) (am) 1. If the person was required to submit a biological specimen
2under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, 975.54 (2) (a),
3or 980.063, all convictions, findings, or adjudications for which the person was
4required to submit a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15),
5971.17 (1m) (a), 973.047, 975.54 (2) (a), or 980.063 have been reversed, set aside, or
6vacated.
SB82,91 7Section 91. 165.77 (4) (am) 2. (intro.) of the statutes, as created by 2013
8Wisconsin Act 20
, is amended to read:
SB82,49,119 165.77 (4) (am) 2. (intro.) If the person was required to provide a biological
10specimen under s. 165.84 (7) in connection with an arrest or under s. 970.02 (8)
11971.027 (7), one of the following applies:
SB82,92 12Section 92. 165.77 (4) (am) 2. a., b. and d. of the statutes, as affected by 2013
13Wisconsin Act 214
, are amended to read:
SB82,49,1614 165.77 (4) (am) 2. a. All charges for which the person was required to provide
15a biological specimen under s. 165.84 (7) or 970.02 (8) 971.027 (7) have been
16dismissed.
SB82,49,2017 b. The trial court reached final disposition for all charges for which the person
18was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8)
19971.027 (7), and the person was not adjudged guilty of a violent crime in connection
20with any such charge.
SB82,49,2421 d. The person was adjudged guilty of a violent crime in connection with any
22charge for which the person was required to provide a biological specimen under s.
23165.84 (7) or 970.02 (8) 971.027 (7), and all such convictions for a violent crime have
24been reversed, set aside, or vacated.
SB82,93 25Section 93. 165.79 (1) of the statutes is amended to read:
SB82,50,16
1165.79 (1) Evidence, information, and analyses of evidence obtained from law
2enforcement officers by the laboratories is privileged and not available to persons
3other than law enforcement officers nor is the defendant entitled to an inspection of
4information and evidence submitted to the laboratories by the state or of a
5laboratory's findings, or to examine laboratory personnel as witnesses concerning
6the same, prior to trial, except to the extent that the same is used by the state at a
7preliminary hearing and except as provided in s. 971.23 subch. IV of ch. 971. Upon
8request of a defendant in a felony action, approved by the presiding judge, the
9laboratories shall conduct analyses of evidence on behalf of the defendant. No
10prosecuting officer is entitled to an inspection of information and evidence submitted
11to the laboratories by the defendant, or of a laboratory's findings, or to examine
12laboratory personnel as witnesses concerning the same, prior to trial, except to the
13extent that the same is used by the accused at a preliminary hearing and except as
14provided in s. 971.23 subch. IV of ch. 971. Employees who made examinations or
15analyses of evidence shall attend the criminal trial as witnesses, without subpoena,
16upon reasonable written notice from either party requesting the attendance.
SB82,94 17Section 94. 165.81 (1) of the statutes is amended to read:
SB82,51,618 165.81 (1) Whenever the department is informed by the submitting officer or
19agency that physical evidence in the possession of the laboratories is no longer
20needed the department may, except as provided in sub. (3) or unless otherwise
21provided by law, destroy the evidence, retain it in the laboratories, return it to the
22submitting officer or agency, or turn it over to the University of Wisconsin upon the
23request of the head of any department of the University of Wisconsin. If the
24department returns the evidence to the submitting officer or agency, any action
25taken by the officer or agency with respect to the evidence shall be in accordance with

1s. 968.20 ss. 175.27 and 968.625. Except as provided in sub. (3), whenever the
2department receives information from which it appears probable that the evidence
3is no longer needed, the department may give written notice to the submitting agency
4and the appropriate district attorney, by registered mail, of the intention to dispose
5of the evidence. If no objection is received within 20 days after the notice was mailed,
6it may dispose of the evidence.
SB82,95 7Section 95. 165.81 (3) (a) 1. and 2., (b) and (f) of the statutes are amended to
8read:
SB82,51,99 165.81 (3) (a) 1. "Custody" has the meaning given in s. 968.205 968.645 (1) (a).
SB82,51,1010 2. "Discharge date" has the meaning given in s. 968.205 968.645 (1) (b).
SB82,51,1911 (b) Except as provided in par. (c), if physical evidence that is in the possession
12of the laboratories includes any biological material that was collected in connection
13with a criminal investigation that resulted in a criminal conviction, a delinquency
14adjudication, or commitment under s. 971.17 or 980.06 and the biological material
15is from a victim of the offense that was the subject of the criminal investigation or
16may reasonably be used to incriminate or exculpate any person for the offense
or
17subch. III of ch. 975
, the laboratories shall preserve the physical evidence until every
18person in custody as a result of the conviction, adjudication, or commitment has
19reached his or her discharge date.
SB82,51,2520 (f) Unless otherwise provided in a court order issued under s. 974.07 (9) (a) or
21(b) or (10) (a) 5., nothing in this subsection prohibits the laboratories from returning
22evidence that must be preserved under par. (b) or (e) to the agency that submitted
23the evidence to the laboratories. If the laboratories return evidence that must be
24preserved under par. (b) or (e) to a submitting agency, any action taken by the agency
25with respect to the evidence shall be in accordance with s. 968.205 968.645.
SB82,96
1Section 96. 165.84 (7) (am) 1m. c. of the statutes, as affected by 2013 Wisconsin
2Act 214
, is amended to read:
SB82,52,53 165.84 (7) (am) 1m. c. The individual failed to appear at the initial appearance
4or preliminary examination or the person waived the preliminary examination
5under s. 971.042.
SB82,97 6Section 97. 167.10 (8) (b) of the statutes is amended to read:
SB82,52,157 167.10 (8) (b) Fireworks stored, handled, sold, possessed, or used by a person
8who violates this section, an ordinance adopted under sub. (5), or a court order under
9par. (a) may be seized and held as evidence of the violation. Except as provided in
10s. 968.20 (4) 175.27 (2), only the fireworks that are the subject of a violation of this
11section, an ordinance adopted under sub. (5), or a court order under par. (a) may be
12destroyed after conviction for a violation. Except as provided in s. 968.20 (4) 175.27
13(2)
, fireworks that are seized as evidence of a violation for which no conviction results
14shall be returned to the owner in the same condition as they were when seized to the
15extent practicable.
SB82,98 16Section 98. 169.42 (2) (b) of the statutes is amended to read:
SB82,52,2017 169.42 (2) (b) A conservation warden and the department shall comply with the
18applicable procedures under ss. 29.931, 29.934, and 968.20 968.625 as they relate to
19seized and confiscated wild animals, carcasses, vehicles, boats, or other objects or
20property.
SB82,99 21Section 99. 173.10 of the statutes is amended to read:
SB82,53,10 22173.10 Investigation of cruelty complaints. A person may apply for a
23search warrant under s. 968.12 968.465 if there is reason to believe that a violation
24of ch. 951 has taken place or is taking place. If the court is satisfied that probable
25cause exists, it shall issue a search warrant directing a law enforcement officer in the

1county to proceed immediately to the location of the alleged violation with a doctor
2of veterinary medicine, if the court determines that a veterinarian is necessary for
3purposes of the search, and directing the law enforcement officer to search the place
4designated in the warrant, retaining in his or her custody subject to the order of the
5court such property or things as are specified in the warrant, including any animal.
6If the person applying for the search warrant is a humane officer, the warrant shall
7direct that the humane officer accompany the law enforcement officer who is directed
8to perform the search. The warrant shall be executed and returned to the court which
9issued the warrant in accordance with ss. 968.15 968.495 and 968.17 968.506. This
10section does not affect other powers and duties of law enforcement officers.
SB82,100 11Section 100. 173.12 (1m) of the statutes is amended to read:
SB82,53,1812 173.12 (1m) If an animal has been seized because it is alleged that the animal
13has been used in or constitutes evidence of any crime specified in s. 951.08, the
14animal may not be returned to the owner by an officer under s. 968.20 968.625 (2).
15In any hearing under s. 968.20 968.625 (1), the court shall determine if the animal
16is needed as evidence or there is reason to believe that the animal has participated
17in or been trained for fighting. If the court makes such a finding, the animal shall
18be retained in custody.
SB82,101 19Section 101. 175.27 (title) of the statutes is created to read:
SB82,53,20 20175.27 (title) Seized dangerous property.
SB82,102 21Section 102. 175.55 (2) of the statutes is amended to read:
SB82,54,522 175.55 (2) No Wisconsin law enforcement agency may use a drone to gather
23evidence or other information in a criminal investigation from or at a place or location
24where an individual has a reasonable expectation of privacy without first obtaining
25a search warrant under s. 968.12 968.465. This subsection does not apply to the use

1of a drone in a public place or to assist in an active search and rescue operation, to
2locate an escaped prisoner, to surveil a place or location for the purpose of executing
3an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe
4that the use of a drone is necessary to prevent imminent danger to an individual or
5to prevent imminent destruction of evidence.
SB82,103 6Section 103. 175.60 (3) (d) of the statutes is amended to read:
SB82,54,87 175.60 (3) (d) The court has prohibited the individual from possessing a
8dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).
SB82,104 9Section 104. 175.60 (3) (e) of the statutes is amended to read:
SB82,54,1110 175.60 (3) (e) The individual is on release under s. 969.01 969.31 and the
11individual may not possess a dangerous weapon as a condition of the release.
SB82,105 12Section 105. 175.60 (9g) (a) 2. of the statutes is amended to read:
SB82,55,513 175.60 (9g) (a) 2. The department shall conduct a criminal history record
14search and shall search its records and conduct a search in the national instant
15criminal background check system to determine whether the applicant is prohibited
16from possessing a firearm under federal law; whether the applicant is prohibited
17from possessing a firearm under s. 941.29; whether the applicant is prohibited from
18possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
19has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
2054.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
21under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
22by a court established by any federally recognized Wisconsin Indian tribe or band,
23except the Menominee Indian tribe of Wisconsin, that includes notice to the
24respondent that he or she is subject to the requirements and penalties under s.
25941.29 and that has been filed with the circuit court under s. 806.247 (3); and

1whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m)
2or 813.125 (4m); and to determine if the court has prohibited the applicant from
3possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b)
4and if the applicant is prohibited from possessing a dangerous weapon as a condition
5of release under s. 969.01 969.31.
SB82,106 6Section 106. 175.60 (11) (a) 2. b. of the statutes is amended to read:
SB82,55,87 175.60 (11) (a) 2. b. The individual is found incompetent under s. 971.14 975.34
8(6) (b)
.
SB82,107 9Section 107. 175.60 (11) (a) 2. c. of the statutes is amended to read:
SB82,55,1110 175.60 (11) (a) 2. c. The individual is found not guilty of any crime by reason
11of mental disease or mental defect under s. 971.17.
SB82,108 12Section 108. 175.60 (11) (a) 2. g. of the statutes is amended to read:
SB82,55,1413 175.60 (11) (a) 2. g. A court has prohibited the individual from possessing a
14dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).
SB82,109 15Section 109. 175.60 (11) (a) 2. i. of the statutes is amended to read:
SB82,55,1716 175.60 (11) (a) 2. i. The individual is on release under s. 969.01 969.31 and the
17individual may not possess a dangerous weapon as a condition of the release.
SB82,110 18Section 110. 175.60 (14) (am) of the statutes is amended to read:
SB82,56,219 175.60 (14) (am) The department shall suspend a license issued under this
20section if a court has prohibited the licensee from possessing a dangerous weapon
21under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b). If the individual whose license
22was suspended is no longer subject to the prohibition under s. 969.02 (3) (c) or 969.03
23(1) (c), whichever is applicable
969.33 (5) (b), sub. (3) (b), (c), (d), (e), (f), or (g) does
24not apply to the individual, and the suspended license would not have expired under
25sub. (15) (a) had it not been suspended, the department shall restore the license

1within 5 business days of notification that the licensee is no longer subject to the
2prohibition.
SB82,111 3Section 111. 195.048 (2) of the statutes is amended to read:
SB82,56,54 195.048 (2) The immunity provided under sub. (1) is subject to the restrictions
5under s. 972.085 967.18.
SB82,112 6Section 112. 196.207 (3) (e) of the statutes is amended to read:
SB82,56,87 196.207 (3) (e) A trap and trace device as authorized under ss. 968.34 968.376
8to 968.37 968.405.
SB82,113 9Section 113. 196.48 (1) (b) of the statutes is amended to read:
SB82,56,1110 196.48 (1) (b) The immunity provided under par. (a) is subject to the restrictions
11under s. 972.085 967.18.
SB82,114 12Section 114. 230.81 (2) of the statutes is amended to read:
SB82,56,1913 230.81 (2) Nothing in this section prohibits an employee from disclosing
14information to an appropriate law enforcement agency, a state or federal district
15attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal
16grand jury, or a judge in a proceeding commenced under s. 968.26 968.105, or
17disclosing information pursuant to any subpoena issued by any person authorized
18to issue subpoenas under s. 885.01. Any such disclosure of information is a lawful
19disclosure under this section and is protected under s. 230.83.
SB82,115 20Section 115. 251.16 of the statutes is amended to read:
SB82,56,23 21251.16 Local health department; evidence. The reports and employees of
22a local health department are subject to s. 970.03 (12) (b) ss. 971.042 (9) (b) and
23971.75 (7) (b)
.
SB82,116 24Section 116. 252.11 (5m) of the statutes is amended to read:
SB82,57,6
1252.11 (5m) A health care professional, as defined in s. 968.38 968.725 (1) (a),
2acting under an order of a court under s. 938.296 (4) or 968.38 968.725 (4) may,
3without first obtaining informed consent to the testing, subject an individual to a test
4or a series of tests to ascertain whether that individual is infected with a sexually
5transmitted disease. No sample used for performance of a test under this subsection
6may disclose the name of the test subject.
SB82,117 7Section 117. 252.11 (7) of the statutes is amended to read:
SB82,57,178 252.11 (7) Reports, examinations, and inspections and all records concerning
9sexually transmitted diseases are confidential and not open to public inspection, and
10may not be divulged except as may be necessary for the preservation of the public
11health, in the course of commitment proceedings under sub. (5), or as provided under
12s. 938.296 (4) or 968.38 968.725 (4). If a physician, physician assistant, or advanced
13practice nurse prescriber has reported a case of sexually transmitted disease to the
14department under sub. (4), information regarding the presence of the disease and
15treatment is not privileged when the patient, physician, physician assistant, or
16advanced practice nurse prescriber is called upon to testify to the facts before any
17court of record.
Loading...
Loading...