SB82: Bill Text

SB82,50,16 165.79 (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.

SB82,94 Section 94. 165.81 (1) of the statutes is amended to read:

SB82,51,6 165.81 (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.

SB82,95 Section 95. 165.81 (3) (a) 1. and 2., (b) and (f) of the statutes are amended to read:

SB82,51,9 165.81 (3) (a) 1. "Custody" has the meaning given in s. 968.205 968.645 (1) (a).

SB82,51,10 2. "Discharge date" has the meaning given in s. 968.205 968.645 (1) (b).

SB82,51,19 (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.

SB82,51,25 (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.

SB82,96 Section 96. 165.84 (7) (am) 1m. c. of the statutes, as affected by 2013 Wisconsin Act 214, is amended to read:

SB82,52,5 165.84 (7) (am) 1m. c. The individual failed to appear at the initial appearance or preliminary examination or the person waived the preliminary examination under s. 971.042.

SB82,97 Section 97. 167.10 (8) (b) of the statutes is amended to read:

SB82,52,15 167.10 (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.

SB82,98 Section 98. 169.42 (2) (b) of the statutes is amended to read:

SB82,52,20 169.42 (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.

SB82,99 Section 99. 173.10 of the statutes is amended to read:

SB82,53,10 173.10 Investigation of cruelty complaints. A person may apply for a search warrant under s. 968.12 968.465 if there is reason to believe that a violation of ch. 951 has taken place or is taking place. If the court is satisfied that probable cause exists, it shall issue a search warrant directing a law enforcement officer in the county to proceed immediately to the location of the alleged violation with a doctor of veterinary medicine, if the court determines that a veterinarian is necessary for purposes of the search, and directing the law enforcement officer to search the place designated in the warrant, retaining in his or her custody subject to the order of the court such property or things as are specified in the warrant, including any animal. If the person applying for the search warrant is a humane officer, the warrant shall direct that the humane officer accompany the law enforcement officer who is directed to perform the search. The warrant shall be executed and returned to the court which issued the warrant in accordance with ss. 968.15 968.495 and 968.17 968.506. This section does not affect other powers and duties of law enforcement officers.

SB82,100 Section 100. 173.12 (1m) of the statutes is amended to read:

SB82,53,18 173.12 (1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal may not be returned to the owner by an officer under s. 968.20 968.625 (2). In any hearing under s. 968.20 968.625 (1), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated in or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody.

SB82,101 Section 101. 175.27 (title) of the statutes is created to read:

SB82,53,20 175.27 (title) Seized dangerous property.

SB82,102 Section 102. 175.55 (2) of the statutes is amended to read:

SB82,54,5 175.55 (2) No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation from or at a place or location where an individual has a reasonable expectation of privacy without first obtaining a search warrant under s. 968.12 968.465. This subsection does not apply to the use of a drone in a public place or to assist in an active search and rescue operation, to locate an escaped prisoner, to surveil a place or location for the purpose of executing an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.

SB82,103 Section 103. 175.60 (3) (d) of the statutes is amended to read:

SB82,54,8 175.60 (3) (d) The court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).

SB82,104 Section 104. 175.60 (3) (e) of the statutes is amended to read:

SB82,54,11 175.60 (3) (e) The individual is on release under s. 969.01 969.31 and the individual may not possess a dangerous weapon as a condition of the release.

SB82,105 Section 105. 175.60 (9g) (a) 2. of the statutes is amended to read:

SB82,55,5 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 806.247 (3); and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01 969.31.

SB82,106 Section 106. 175.60 (11) (a) 2. b. of the statutes is amended to read:

SB82,55,8 175.60 (11) (a) 2. b. The individual is found incompetent under s. 971.14 975.34 (6) (b).

SB82,107 Section 107. 175.60 (11) (a) 2. c. of the statutes is amended to read:

SB82,55,11 175.60 (11) (a) 2. c. The individual is found not guilty of any crime by reason of mental disease or mental defect under s. 971.17.

SB82,108 Section 108. 175.60 (11) (a) 2. g. of the statutes is amended to read:

SB82,55,14 175.60 (11) (a) 2. g. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b).

SB82,109 Section 109. 175.60 (11) (a) 2. i. of the statutes is amended to read:

SB82,55,17 175.60 (11) (a) 2. i. The individual is on release under s. 969.01 969.31 and the individual may not possess a dangerous weapon as a condition of the release.

SB82,110 Section 110. 175.60 (14) (am) of the statutes is amended to read:

SB82,56,2 175.60 (14) (am) The department shall suspend a license issued under this section if a court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) 969.33 (5) (b). If the individual whose license was suspended is no longer subject to the prohibition under s. 969.02 (3) (c) or 969.03 (1) (c), whichever is applicable 969.33 (5) (b), sub. (3) (b), (c), (d), (e), (f), or (g) does not apply to the individual, and the suspended license would not have expired under sub. (15) (a) had it not been suspended, the department shall restore the license within 5 business days of notification that the licensee is no longer subject to the prohibition.

SB82,111 Section 111. 195.048 (2) of the statutes is amended to read:

SB82,56,5 195.048 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82,112 Section 112. 196.207 (3) (e) of the statutes is amended to read:

SB82,56,8 196.207 (3) (e) A trap and trace device as authorized under ss. 968.34 968.376 to 968.37 968.405.

SB82,113 Section 113. 196.48 (1) (b) of the statutes is amended to read:

SB82,56,11 196.48 (1) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82,114 Section 114. 230.81 (2) of the statutes is amended to read:

SB82,56,19 230.81 (2) Nothing in this section prohibits an employee from disclosing information to an appropriate law enforcement agency, a state or federal district attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal grand jury, or a judge in a proceeding commenced under s. 968.26 968.105, or disclosing information pursuant to any subpoena issued by any person authorized to issue subpoenas under s. 885.01. Any such disclosure of information is a lawful disclosure under this section and is protected under s. 230.83.

SB82,115 Section 115. 251.16 of the statutes is amended to read:

SB82,56,23 251.16 Local health department; evidence. The reports and employees of a local health department are subject to s. 970.03 (12) (b) ss. 971.042 (9) (b) and 971.75 (7) (b).

SB82,116 Section 116. 252.11 (5m) of the statutes is amended to read:

SB82,57,6 252.11 (5m) A health care professional, as defined in s. 968.38 968.725 (1) (a), acting under an order of a court under s. 938.296 (4) or 968.38 968.725 (4) may, without first obtaining informed consent to the testing, subject an individual to a test or a series of tests to ascertain whether that individual is infected with a sexually transmitted disease. No sample used for performance of a test under this subsection may disclose the name of the test subject.

SB82,117 Section 117. 252.11 (7) of the statutes is amended to read:

SB82,57,17 252.11 (7) Reports, examinations, and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and may not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under sub. (5), or as provided under s. 938.296 (4) or 968.38 968.725 (4). If a physician, physician assistant, or advanced practice nurse prescriber has reported a case of sexually transmitted disease to the department under sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient, physician, physician assistant, or advanced practice nurse prescriber is called upon to testify to the facts before any court of record.

SB82,118 Section 118. 252.15 (2m) (b) 3., (3m) (d) 14. and (4) (c) of the statutes are amended to read:

SB82,57,24 252.15 (2m) (b) 3. HIV testing by a health care professional acting under an order of the court under sub. (5j) or s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5). No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and the HIV test results may not be made part of the individual's permanent medical record.

SB82,58,4 (3m) (d) 14. To a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296 (4); to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5); to a person under s. 968.38 968.725 (4) (a) to (c) as specified in s. 968.38 968.725 (4); or to a person under s. 968.38 968.725 (5) (a) to (c) as specified in s. 968.38 968.725 (5).

SB82,58,8 (4) (c) A record of the results of an HIV test administered to the person, except that results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5) that include the identity of the test subject may not be maintained without the consent of the test subject.

SB82,119 Section 119. 301.03 (3c) of the statutes is amended to read:

SB82,58,14 301.03 (3c) If requested by the department of health services, contract with that department to supervise and provide services to persons who are conditionally transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17 (3) 975.57 (4) or 975.59, or placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08.

SB82,120 Section 120. 301.03 (7m) of the statutes is amended to read:

SB82,58,19 301.03 (7m) Supervise criminal defendants accepted into the custody of the department under s. 969.02 (3) (a) or 969.03 (1) (a) ch. 969. The department shall charge the county that is prosecuting the defendant a fee for providing this supervision. The department shall set the fee by rule.

SB82,121 Section 121. 301.035 (2) of the statutes is amended to read:

SB82,58,23 301.035 (2) Assign hearing examiners from the division to preside over hearings under s. 975.10 (2), 2013 stats., ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), and 973.10 and 975.10 (2) , and ch. 304.

SB82,122 Section 122. 301.035 (4) of the statutes is amended to read:

SB82,59,4 301.035 (4) Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under s. 975.10 (2), 2013 stats., ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, and 973.155 (2) and 975.10 (2), and ch. 304.

SB82,123 Section 123. 301.45 (1g) (c) of the statutes is amended to read:

SB82,59,8 301.45 (1g) (c) Is found not guilty or not responsible by reason of mental disease or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 subch. III of ch. 975 for a sex offense.

SB82,124 Section 124. 301.45 (1g) (d) of the statutes is amended to read:

SB82,59,12 301.45 (1g) (d) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 975.57 (4) or 975.59 on or after December 25, 1993, for a sex offense.

SB82,125 Section 125. 301.45 (1g) (dd) of the statutes is amended to read:

SB82,59,17 301.45 (1g) (dd) Is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 975.57 (4) or 975.59 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to a sex offense.

SB82,126 Section 126. 301.45 (1g) (dp) of the statutes is amended to read:

SB82,59,20 301.45 (1g) (dp) Is in institutional care under, or on parole from, a commitment for specialized treatment under ch. 975, 2013 stats., on or after December 25, 1993.

SB82,127 Section 127. 301.45 (1g) (e) of the statutes is amended to read:

SB82,59,24 301.45 (1g) (e) Is ordered by a court under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m. or 973.048 (1m), or 975.54 (3) (a) to comply with the reporting requirements under this section.

SB82,128 Section 128. 301.45 (1m) (b) of the statutes is amended to read:

SB82,60,8 301.45 (1m) (b) If a person believes that he or she is not required under par. (a) to comply with the reporting requirements under this section and the person is not before the court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048, or 975.54 (3), the person may move a court to make a determination of whether the person satisfies the criteria specified in par. (a). A motion made under this paragraph shall be filed with the circuit court for the county in which the person was convicted, adjudicated delinquent or found not guilty or not responsible by reason of mental disease or defect.

SB82,129 Section 129. 301.45 (1m) (be) of the statutes is amended to read:

SB82,60,17 301.45 (1m) (be) A person who files a motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section shall send a copy of the motion to the district attorney for the county in which the motion is filed. The district attorney shall make a reasonable attempt to contact the victim of the crime that is the subject of the person's motion to inform the victim of his or her right to make or provide a statement under par. (bv).

SB82,130 Section 130. 301.45 (1m) (bm) of the statutes is amended to read:

SB82,60,23 301.45 (1m) (bm) A court shall hold a hearing on a motion made by a person under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section. The district attorney who receives a copy of a motion under par. (be) may appear at the hearing.

SB82,131 Section 131. 301.45 (1m) (bv) of the statutes is amended to read:

SB82,61,8 301.45 (1m) (bv) Before deciding a motion filed under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section, the court shall allow the victim of the crime that is the subject of the motion to make a statement in court at the hearing under par. (bm) or to submit a written statement to the court. A statement under this paragraph must be relevant to whether the person satisfies the criteria specified in par. (a).

SB82,132 Section 132. 301.45 (1m) (d) 1. of the statutes is amended to read:

SB82,61,16 301.45 (1m) (d) 1. Before deciding a motion filed by a person under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) requesting a determination of whether the person is required to comply with the reporting requirements under this section, a court may request the person to be examined by a physician, psychologist, or other expert approved by the court. If the person refuses to undergo an examination requested by the court under this subdivision, the court shall deny the person's motion without prejudice.

SB82,133 Section 133. 301.45 (1m) (e) (intro.) of the statutes is amended to read:

SB82,61,23 301.45 (1m) (e) (intro.) At the hearing held under par. (bm), the person who filed the motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m) (b) 2m. or 973.048 (2m), or 975.54 (3) (b) has the burden of proving by clear and convincing evidence that he or she satisfies the criteria specified in par. (a). In deciding whether the person has satisfied the criterion specified in par. (a) 3., the court may consider any of the following:

SB82,134 Section 134. 301.45 (1p) (b) of the statutes is amended to read:

SB82,62,16 301.45 (1p) (b) If a person is covered under sub. (1g) based solely on an order that was entered under s. 971.17 (1m) (b) 1m., 2013 stats., or under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3) (a), 971.17 (1m) (b) 1m., or, 973.048 (1m), or 975.54 (3) (a) in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, and the court provided in the order that the person be released from the requirement to comply with the reporting requirements under this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, upon the termination or expiration of a commitment order under s. 971.17, 2013 stats., or under s. 975.54 (3) (a), or upon successful completion of the sentence or probation as provided under s. 973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, the commitment order under s. 971.17, 2013 stats., or under s. 975.54 (3) (a) is terminated or expires, or the person successfully completes the sentence or probation, whichever is applicable, the person is no longer required to comply with the reporting requirements under this section.

SB82,135 Section 135. 301.45 (3) (a) 3. of the statutes is amended to read: