165.55(4)
(4) The state fire marshal shall assign at least one deputy fire marshal exclusively to fire marshal duties for counties having a population of 500,000 or more.
165.55(7)
(7) The state fire marshal and his or her subordinates shall each have the power to conduct investigations and hearings and take testimony regarding fires and the causes thereof, and compel the attendance of witnesses. The fees of witnesses shall be paid upon certificates signed by the officer before whom any witnesses shall have attended, and shall be charged to the appropriation for the state fire marshal.
165.55(8)
(8) All investigations held by or under the direction of the state fire marshal, or his or her subordinates, may, in the fire marshal's discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept apart from each other, and not allowed to communicate with each other until they have been examined.
165.55(9)
(9) The state fire marshal and his or her subordinates may at all reasonable hours in performance of their duties enter upon and examine any building or premises where any fire has occurred and other buildings or premises near the same, and seize any evidence found as a result of such examination which in the opinion of the officer finding the same may be used in any criminal action which may result from such examination or otherwise, and retain it for a reasonable time or until it becomes an exhibit in the action.
165.55(10)
(10) The state fire marshal, deputy state fire marshals or chiefs of fire departments shall apply for and obtain special inspection warrants prior to the inspection or investigation of personal or real properties which are not public buildings or for the inspection of portions of public buildings which are not open to the public for the purpose of determining the cause, origin and circumstances of fires either upon showing that consent to entry for inspection purposes has been refused or upon showing that it is impractical to obtain the consent. The warrant may be in the form set forth in
s. 66.123. The definition of a public building under
s. 101.01 (12) applies to this subsection. No special inspection warrant is required:
165.55(10)(a)
(a) In cases of emergency when a compelling need for official action can be shown and there is no time to secure a warrant;
165.55(10)(b)
(b) For investigations which occur during or immediately after the fire fighting process; or
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, any fire chief or his or her designee 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, any fire chief or designee 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, fire chief or designee, and no person acting on behalf of the insurer, state fire marshal, deputy fire marshal, fire chief or designee, 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, fire chief or designee 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, fire chief or designee during their investigations of fires determined to be the result of arson may be available to the insurer of the property involved.
165.55(15)
(15) The state fire marshal, any deputy fire marshal, any fire chief or his or her designee may obtain information relating to a juvenile from a law enforcement agency, a court assigned to exercise jurisdiction under
chs. 48 and
938 or an agency, as defined in
s. 938.78 (1), as provided in
ss. 938.396 (1x) and
(2) (j) and
938.78 (2) (b) 1. and may obtain information relating to a pupil from a public school as provided in
ss. 118.125 (2) (ch) and
(L) and
938.396 (1m) (d).
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),
940.201,
941.25 to
941.27,
943.01 (2) (c),
943.011,
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. 562 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 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.
165.755
165.755
Crime laboratories and drug law enforcement assessment. 165.755(1)(a)(a) Except as provided in
par. (b), beginning on October 14, 1997, a court shall impose a crime laboratories and drug law enforcement assessment of $4 if the court imposes a sentence, places a person on probation or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.
165.755(1)(b)
(b) A court may not impose the crime laboratories and drug law enforcement assessment under
par. (a) for a violation of
s. 101.123 (2) (a),
(am) 1. or
(bm) or
(5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under
s. 347.48 (2m).
165.755(2)
(2) If the court under
sub. (1) (a) imposes a sentence or forfeiture for multiple offenses or places a person on probation for multiple offenses, a separate crime laboratories and drug law enforcement assessment shall be imposed for each separate offense.
165.755(3)
(3) Except as provided in
sub. (4), after the court determines the amount due under
sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under
s. 59.25 (3) (f) 2.
165.755(4)
(4) If a municipal court imposes a forfeiture, after determining the amount due under
sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in
s. 66.12 (1) (b).
165.755(5)
(5) If any deposit of bail is made for a noncriminal offense to which
sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in
sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the assessment under
sub. (1) (a) shall be transmitted monthly to the state treasurer under this section. If bail is returned, the assessment shall also be returned.
165.755(6)
(6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement assessment under
sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.
165.755(7)
(7) All moneys collected from crime laboratories and drug law enforcement assessments under this section shall be deposited by the state treasurer and used as specified in
s. 20.455 (2) (kd) and
(Lm).
165.755 History
History: 1997 a. 27.
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)(a)
(a) Is in prison or a secured correctional facility, as defined in
s. 938.02 (15m), or a secured child caring institution, as defined in
s. 938.02 (15g) or on probation, extended supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of
s. 940.225 (1) or
(2),
948.02 (1) or
(2) or
948.025.
165.76(1)(d)
(d) Is found to be a sexually violent person under
ch. 980 on or after June 2, 1994.
165.76(1)(e)
(e) Is on parole, extended supervision or probation in this state from another state under
s. 304.13 or
304.135 on or after July 9, 1996, for a violation of the law of another state that the department of corrections determines, under
s. 304.137, is comparable to a violation of
s. 940.225 (1) or
(2),
948.02 (1) or
(2) or
948.025.
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, extended supervision 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, extended supervision or aftercare supervision, as directed by his or her probation, extended supervision 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, extended supervision 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, extended supervision and parole agent.
