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. 165.77(1)(b)
(b) "Law enforcement agency" means a governmental unit of one or more persons employed full time by the federal government, a state or a political subdivision of a state for the purpose of preventing and detecting crime and enforcing federal or state laws or local ordinances, employes of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
165.77(1)(c)
(c) "Wisconsin law enforcement agency" means a governmental unit of one or more persons employed full time by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employes of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
165.77(2)(a)1.1. If the laboratories receive a human biological specimen pursuant to any of the following requests, the laboratories shall analyze the deoxyribonucleic acid in the specimen:
165.77(2)(a)1.a.
a. A request from a law enforcement agency regarding an investigation.
165.77(2)(a)1.b.
b. A request, pursuant to a court order, from a defense attorney regarding his or her client's specimen.
165.77(2)(a)1.c.
c. A request, subject to the department's rules under
sub. (8), from an individual regarding his or her own specimen.
165.77(2)(a)2.
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. In this state, the use is subject to
s. 972.11 (5). 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.
165.77(3)
(3) If the laboratories receive a human biological specimen under
s. 51.20 (13) (cr),
165.76,
938.34 (15),
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. In this state, the use is subject to
s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.
165.77(4)
(4) A person whose deoxyribonucleic acid analysis data has 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 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:
165.77(4)(a)
(a) The person's written request for expungement.
165.77(4)(b)
(b) A certified copy of the court order reversing, setting aside or vacating the conviction or adjudication.
165.77(5)
(5) Any person who intentionally disseminates a specimen received under this section or any information obtained as a result of analysis or comparison under this section or from the data bank under
sub. (3) in a manner not authorized under this section or the rules under
sub. (8) may be fined not more than $500 or imprisoned for not more than 30 days or both.
165.77(6)
(6) Except as necessary to administer this section or as provided under the department's rules under
sub. (8), the department shall deny access to any record kept under this section.
165.77(7)
(7) Whenever a Wisconsin law enforcement agency or a health care professional collects evidence in a case of alleged or suspected sexual assault, the agency or professional shall follow the procedures specified in the department's rules under
sub. (8). The laboratories shall perform deoxyribonucleic acid analysis of specimens provided by law enforcement agencies under
sub. (2). The laboratories shall not include data obtained from deoxyribonucleic acid analysis of those specimens in the data bank under
sub. (3).
165.77(8)
(8) The department shall promulgate rules to administer this section.
165.77 History
History: 1993 a. 16,
98;
1995 a. 77,
440.
165.78
165.78
Information center; training activities. 165.78(1)
(1) The department shall act as a center for the clearance of information between law enforcement officers. In furtherance of this purpose it shall issue bulletins by mail or its telecommunication system. The department shall at all times collaborate and cooperate fully with the F.B.I. in exchange of information.
165.78(2)
(2) The department shall cooperate and exchange information with other similar organizations in other states.
165.78(3)
(3) The department may prepare and conduct informational and training activities for the benefit of law enforcement officers and professional groups.
165.78 History
History: 1977 c. 260;
1985 a. 29.
165.79
165.79
Evidence privileged. 165.79(1)(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. 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. Employes 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.
165.79(2)
(2) Upon the termination or cessation of the criminal proceedings, the privilege of the findings obtained by a laboratory may be waived in writing by the department and the prosecutor involved in the proceedings. The employes may then be subpoenaed in civil actions in regard to any information and analysis of evidence previously obtained in the criminal investigation, but the laboratories shall not engage in any investigation requested solely for the preparation for trial of a civil matter. Upon appearance as a witness or receipt of a subpoena or notice to prepare for trial in a civil action, or appearance either with or without subpoena, the laboratories shall be compensated by the party at whose request the appearance or preparation was made in a reasonable amount to be determined by the trial judge, which fee shall be paid into the state treasury. In fixing the compensation the court may give consideration to the time spent in obtaining and analyzing the evidence for the purposes of criminal proceedings.
165.79 Annotation
Whether to grant a defendant's request under sub. (1) that the Crime Lab perform tests on the defendant's behalf is a discretionary decision. State v. Lee, 192 W (2d) 260, 531 NW (2d) 351 (Ct. App. 1995). But see also State v. Lee, 197 W (2d) 960, 542 NW (2d) 143 (1996).
165.80
165.80
Cooperation with other state departments. For the purpose of coordinating the work of the crime laboratories with the research departments located in the university of Wisconsin, the attorney general and the university of Wisconsin may agree for the use of university laboratories and university physical facilities and the exchange and utilization of personnel between the crime laboratories and the university. The university and crime laboratories cooperation council shall act in an advisory capacity to the attorney general.
165.80 History
History: 1985 a. 29.
165.81
165.81
Disposal of evidence. 165.81(1)
(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, unless otherwise provided by law, either destroy the same, retain it in the laboratories or turn it over to the university of Wisconsin upon the request of the head of any department. 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.
165.81(2)
(2) Any electric weapon, as defined in
s. 941.295 (4), in the possession of the laboratories shall either be destroyed or turned over to an agency authorized to have electric weapons under
s. 941.295 (2).
165.81 History
History: 1981 c. 348;
1985 a. 29 ss.
2012,
3200 (35).
165.82
165.82
Criminal history search fee. 165.82(1)
(1) Notwithstanding
s. 19.35 (3), the department of justice shall impose the following fees for criminal history searches for purposes unrelated to criminal justice or to
s. 175.35:
165.82(1)(a)
(a) For each record check, except a fingerprint card record check, requested by a nonprofit organization, $2.
165.82(1)(ag)
(ag) For each record check, except a fingerprint card record check, requested by a governmental agency, $5.
165.82(1)(ar)
(ar) For each fingerprint card record check requested by a governmental agency or nonprofit organization, $10.
165.82(1)(b)
(b) For each record check by any other requester, $13.
165.82(2)
(2) Except as provided in
s. 175.35, the department of justice shall not impose fees for criminal history searches for purposes related to criminal justice.
165.827
165.827
Transaction information for the management of enforcement system; fees. The department of justice shall administer a transaction information for the management of enforcement system to provide access to information concerning law enforcement. The department of justice may impose fees on law enforcement agencies and tribal law enforcement agencies, as defined in
s. 165.83 (1) (e), for rentals, use of terminals and related costs and services associated with the system. All moneys collected under this section shall be credited to the appropriation account under
s. 20.455 (2) (h).
165.828
165.828
Transaction information for management of enforcement system; access plan. The department of justice shall submit to the joint committee on finance a resource allocation plan that sets limits and priorities for access to the transaction information for management of enforcement system if the average daily message volume for any 3-month period exceeds 100,000.
165.828 History
History: 1991 a. 39.
165.8285
165.8285
Transaction information for management of enforcement system; department of corrections records. 165.8285(1)(1) The department of justice shall, through the transaction information for management of enforcement system, provide local law enforcement agencies with access to the registry of sex offenders maintained by the department of corrections under
s. 301.45.
165.8285(2)
(2) The department of justice shall provide the department of corrections with access to the transaction information for management of enforcement system administrative message process.
165.8285(3)
(3) Beginning on July 9, 1996, the department of justice and the department of corrections shall cooperate in using the transaction information for management of enforcement system, and in developing or using any other computerized or direct electronic data transfer system, in anticipation of the transfer of the sex offender registry from the department of justice to the department of corrections under
1995 Wisconsin Act 440 and for the purpose of providing access to or disseminating information from the sex offender registry under
s. 301.45.
165.8285 History
History: 1995 a. 440.
165.829
165.829
Stalking and harassment information. 165.829(2)
(2) For the 3-year period following December 25, 1993, the department shall gather and maintain information on arrests made and judgments of conviction entered regarding violations of
s. 940.32 or
947.013. Annually, the department shall provide a detailed report on the information obtained under this subsection to the legislature under
s. 13.172 (2). This section does not apply after October 1, 1997.
165.829 History
History: 1993 a. 96.
165.83
165.83
Criminal identification, records and statistics. 165.83(1)(b)
(b) "Law enforcement agency" means a governmental unit of one or more persons employed full time by the state or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employes of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
165.83(1)(c)
(c) "Offense" means an act which is a felony, a misdemeanor or a violation of a city, county, village or town ordinance.
165.83(1)(e)
(e) "Tribal law enforcement agency" means an agency of a tribe that is established for the purpose of preventing and detecting crime on the reservation or trust lands of the tribe and enforcing the tribe's laws or ordinances, that employs full time one or more persons who are granted law enforcement and arrest powers under
s. 165.92 (2) (a) and that was created by a tribe that agrees that its law enforcement agency will perform the duties required of the agency under this section and
s. 165.84.
165.83(2)(a)
(a) Obtain and file fingerprints, descriptions, photographs and any other available identifying data on persons who have been arrested or taken into custody in this state:
165.83(2)(a)2.
2. For an offense which is a misdemeanor or a violation of an ordinance involving burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, controlled substances or controlled substance analogs under
ch. 961, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks.
