165.55(10)(c)
(c) For searches of public buildings which are open to the public.
165.55(10m)
(10m) Any investigation or inspection authorized under
sub. (10) shall be conducted by the state fire marshal, deputy state fire marshals or chiefs of fire departments or their designees.
165.55(11)
(11) All officers who perform any service at the request of the state fire marshal or the state fire marshal's subordinates shall receive fees determined by the state fire marshal and such fees shall be charged to the appropriation for the department of justice.
165.55(13)
(13) Any officer named in
subs. (1) and
(2) who neglects to comply with any of the requirements of this section shall be fined not less than $25 nor more than $200 for each neglect or violation.
165.55(14)
(14) The state fire marshal, any deputy fire marshal or fire chief may require an insurer, including the state acting under
ch. 619, to furnish any information in its possession relating to a fire loss involving property with respect to which a policy of insurance issued or serviced by the insurer may apply. Any insurer, including the state, may furnish to the state fire marshal, any deputy fire marshal or fire chief information in its possession relating to a fire loss to which insurance issued by it may apply. In the absence of fraud or malice, no insurer furnishing information under this subsection, state fire marshal, deputy fire marshal or fire chief, and no person acting on behalf of the insurer, state fire marshal, deputy fire marshal or fire chief, shall be liable in any civil or criminal action on account of any statement made, material furnished or action taken in regard thereto. Information furnished by an insurer under this subsection shall be held in confidence by the state fire marshal, deputy fire marshal or fire chief and all subordinates until release or publication is required pursuant to a civil or criminal proceeding. Information obtained by the state fire marshal, any deputy fire marshal or fire chief during their investigations of fires determined to be the result of arson may be available to the insurer of the property involved.
165.55 Annotation
State fire marshall must establish proper discretionary reasons for exercising privilege of secrecy under (8). Black v. General Electric Co. 89 W (2d) 195, 278 NW (2d) 224 (Ct. App. 1979).
165.55 Annotation
See note to Art. I, sec. 11, citing State v. Monosso, 103 W (2d) 368, 308 NW (2d) 891 (Ct. App. 1981).
165.55 Annotation
Arson investigations under (9) and (10) are subject to search warrant requirements set forth in Michigan v. Tyler, 436 US 499 (1978). Consent to search discussed. 68 Atty. Gen. 225.
165.55 Annotation
Warrantless search by arson investigators of defendant's fire-damaged home was unconstitutional. Michigan v. Clifford, 464 US 287 (1984).
165.60
165.60
Law enforcement. The department of justice is authorized to enforce
ss. 101.123 (2),
(5) and
(8),
944.30,
944.31,
944.33,
944.34,
945.02 (2),
945.03 and
945.04 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.
165.70
165.70
Investigation of statewide crime. 165.70(1)
(1) The department of justice shall:
165.70(1)(a)
(a) Investigate crime which is statewide in nature, importance or influence;
165.70(1)(b)
(b) Enforce
chs. 945 and
961 and
ss. 940.20 (3),
941.25 to
941.27,
943.01 (2) (c),
943.27,
943.28,
943.30,
944.30,
944.31,
944.32,
944.33,
944.34,
946.65,
947.02 (3) and
(4) and
948.08.
165.70(1)(e)
(e) Investigate violations of
ch. 563 that are statewide in nature, importance or influence.
165.70(2)
(2) The attorney general shall appoint, under the classified service, investigative personnel to achieve the purposes set out in
sub. (1) who shall have the powers of a peace officer. As many as are deemed necessary of the investigators so appointed shall be trained in drugs and narcotics law enforcement, or shall receive such training within one year of their appointment, and they shall assist, when appropriate, local law enforcement agencies to help them meet their responsibilities in this area.
165.70(3)
(3) It is the intention of this section to give the attorney general responsibility for devising programs to control crime statewide in nature, importance or influence, drugs and narcotics abuse, commercial gambling, prostitution, and arson. Nothing herein shall deprive or relieve local peace officers of the power and duty to enforce those provisions enumerated in
sub. (1).
165.70(3m)
(3m) The attorney general shall establish a separate bureau in the division of criminal investigation in which all of the department's gaming law enforcement responsibilities under
chs. 561 to
569 and
945 shall be performed.
165.70(4)
(4) District attorneys, sheriffs and chiefs of police shall cooperate and assist the personnel of the department in the performance of their duties.
165.72
165.72
Controlled substances hotline and rewards. 165.72(1)(a)
(a) "Department" means the department of justice.
165.72(2)
(2) Hotline. The department of justice shall maintain a toll-free telephone number during normal retail business hours, as determined by departmental rule, for both of the following:
165.72(2)(a)
(a) For persons to anonymously provide tips regarding suspected controlled substances violations.
165.72(2)(b)
(b) For pharmacists to report suspected controlled substances violations.
165.72(3)
(3) Reward payment program. The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriation under
s. 20.455 (2) (e) for information under
sub. (2) (a) leading to the arrest and conviction of a person for a violation of
ch. 961.
165.72(4)
(4) Payment limitations. A reward under
sub. (3) may not exceed $1,000 for the arrest and conviction of any one person. The department may not make any reward payment to a law enforcement officer, jail officer, secure detention officer, pharmacist or department employe.
165.72(5)
(5) Department authority. If a reward is claimed, the department shall make the final determination regarding any payment. The department may pay portions of a reward to 2 or more persons. The payment of a reward is not subject to a contested case proceeding under
ch. 227. The offer of a reward under
sub. (3) does not create any liability on the department or the state.
165.72(6)
(6) Records. The department may withhold any record under this section from inspection or copying under
s. 19.35.
165.72(7)
(7) Publicity. The department shall cooperate with the department of education in publicizing, in public schools, the use of the toll-free telephone number under
sub. (2).
Effective date note
NOTE: Sub. (7) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(7) Publicity. The department shall cooperate with the department of public instruction in publicizing, in public schools, the use of the toll-free telephone number under sub. (2)
165.75
165.75
Crime laboratories. 165.75(1)(a)
(a) "Department" means the department of justice.
165.75(1)(b)
(b) "Employe" means any person in the service of the laboratories. "Employe" does not include any division administrator.
165.75(1)(c)
(c) "Laboratories" means the crime laboratories.
165.75(2)
(2) The laboratories shall be located in the cities of Madison, Milwaukee and Wausau. The personnel of the laboratories shall consist of such employes as are authorized under
s. 20.922. The laboratory in the city of Milwaukee is named the William J. McCauley crime laboratory.
165.75(3)(a)(a) The purpose of the laboratories is to establish, maintain and operate crime laboratories to provide technical assistance to local law enforcement officers in the various fields of scientific investigation in the aid of law enforcement. Without limitation because of enumeration the laboratories shall maintain services and employ the necessary specialists, technical and scientific employes for the recognition and proper preservation, marking and scientific analysis of evidence material in the investigation and prosecution of crimes in such fields as firearms identification, the comparison and identification of toolmarks, chemistry, identification of questioned documents, metallurgy, comparative microscopy, instrumental detection of deception, the identification of fingerprints, toxicology, serology and forensic photography.
165.75(3)(b)
(b) The employes are not peace officers and have no power of arrest or to serve or execute criminal process. They shall not be appointed as deputy sheriffs and shall not be given police powers by appointment or election to any office. Employes shall not undertake investigation of criminal conduct except upon the request of a sheriff, coroner, medical examiner, district attorney, chief of police, warden or superintendent of any state prison, attorney general or governor. The head of any state agency may request investigations but in those cases the services shall be limited to the field of health, welfare and law enforcement responsibility which has by statute been vested in the particular state agency.
165.75(3)(c)
(c) Upon request under
par. (b), the laboratories shall collaborate fully in the complete investigation of criminal conduct within their competence in the forensic sciences including field investigation at the scene of the crime and for this purpose may equip a mobile unit or units.
165.75(3)(d)
(d) The services of the laboratories available to such officer shall include appearances in court as expert witnesses.
165.75(3)(e)
(e) The department may decline to provide laboratory service in any case not involving a potential charge of felony.
165.75(3)(f)
(f) The services of the laboratories may be provided in civil cases in which the state or any department, bureau, agency or officer of the state is a party in an official capacity, when requested to do so by the attorney general.
165.75(4)
(4) The operation of the laboratories shall conform to the rules and policies established by the attorney general.
165.75(5)
(5) Except as provided in
s. 20.001 (5), all moneys received as restitution payments reimbursing the department for moneys expended by the laboratories shall be deposited as general purpose revenue — earned.
165.75 Annotation
An evaluation of drug testing procedures. Stein, Laessig, Indriksons, 1973 WLR 727.
165.76
165.76
Submission of human biological specimen. 165.76(1)(1) Except as provided in
sub. (3), a person shall comply with the requirements under this section if he or she meets any of the following criteria:
165.76(1)(d)
(d) Is found to be a sexually violent person under
ch. 980 on or after June 2, 1994.
165.76(2)(a)(a) Except as provided in
sub. (3), a person subject to
sub. (1) shall provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
165.76(2)(b)
(b) The person shall comply with
par. (a) at the following applicable time:
165.76(2)(b)1.
1. If the person has been placed on probation or supervision, he or she shall provide the specimen under
par. (a) at the office of a county sheriff as soon after the placement as practicable, as directed by his or her probation and parole agent or, if a child, the agency providing supervision for the child.
165.76(2)(b)2.
2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she shall provide the specimen under
par. (a) at the office of a county sheriff as soon as practicable after release on parole or aftercare supervision, as directed by his or her probation and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in a secured correctional facility or a secured child caring institution.
165.76(2)(b)3.
3. If the person has been committed to the department of health and family services under
s. 51.20 or
971.17 or found to be a sexually violent person under
ch. 980, he or she shall provide the specimen under
par. (a) as directed by the department of health and family services.
165.76(2)(b)3m.
3m. If the person is on parole or probation in this state from another state under
s. 304.13 or
304.135, he or she shall provide the specimen under
par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation and parole agent.
165.76(2)(b)4.
4. If
subds. 1. to
3m. do not apply, the department of justice shall specify in its order the time and procedure for the person to provide the specimen under
par. (a).
165.76 Note
NOTE: Subd. 4. is shown as created by
1995 Wis. Act 440. A previously existing version of subd. 4. existed at the time of the enactment of Act 440, which reads as shown below. Corrective legislation is pending.
Effective date text
4. If subds. 1. to 3. do not apply, the department of justice shall specify in its order the time and procedure for the person to provide the specimen under par. (a).
165.76(2)(b)5.
5. Notwithstanding
subds. 1. to
3., for persons who are subject to
sub. (1) and who are in prison, a secured correctional facility or a secured child caring institution or on probation, parole, supervision or aftercare supervision on August 12, 1993, the departments of justice, corrections and health and family services shall cooperate to have these persons provide specimens under
par. (a) before July 1, 1998.
165.76(2)(b)6.
6. Notwithstanding
subd. 3m., for a person who is subject to
sub. (1) (e) and who is on parole or probation in this state from another state on July 9, 1996, the department of justice and the department of corrections shall cooperate to have these persons provide specimens under
par. (a) before July 1, 2000.
165.76(4)
(4) The department of justice shall promulgate rules necessary to carry out its duties under this section.
165.76(5)
(5) The departments of corrections and health and family services, county departments under
ss. 46.215,
46.22 and
46.23 and county sheriffs shall cooperate with the department of justice in obtaining specimens under this section.
165.76 Annotation
DNA sampling under this section is constitutional. Shelton v. Grudman, 934 F Supp. 1048 (1996).
165.765
165.765
Biological specimen; penalty and immunity. 165.765(1)(1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under
s. 165.76,
938.34 (15),
973.047 or
980.063 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
165.765(2)(a)(a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under
s. 165.76,
938.34 (15),
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.
165.765(2)(b)
(b) Any employer of the physician, nurse, technologist, assistant or person under
par. (a) or any hospital where blood is withdrawn by that physician, nurse, technologist, assistant or person has the same immunity from liability under
par. (a).
165.765 History
History: 1993 a. 98;
1995 a. 77,
440.
165.77
165.77
Deoxyribonucleic acid analysis and data bank.
