165.77(2m)(b)
(b) The laboratories may compare the data obtained from material received under
par. (a) 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. The laboratories shall not include data obtained from deoxyribonucleic acid analysis of material received under
par. (a) in the data bank under
sub. (3).
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. 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 Cross-reference
Cross Reference: See also ch.
Jus 9, Wis. adm. code.
165.77 Annotation
The New Genetic World and the Law. Derse. Wis. Law. April 2001.
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. 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.
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 employees 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
Under the facts of the case, the privilege in sub. (1) did not prevent the defendant from obtaining evidence he was entitled to under s. 971.23 when he received the physical evidence that the state intended to offer at trial and a copy of the crime lab report and was granted permission to submit the evidence for testing by his own expert. The defendant was entitled to examine the crime lab analyst at trial but not at an evidentiary hearing. State v. Franszczak, 2002 WI App 141, ___ Wis. 2d ___,
647 N.W.2d 396.
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.
165.80 History
History: 1985 a. 29;
1997 a. 27.
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, 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. 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.
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(3)(b)
(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, 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.
165.81(3)(c)
(c) Subject to
par. (e), the department may destroy biological material before the expiration of the time period specified in
par. (b) if all of the following apply:
165.81(3)(c)1.
1. The department sends a notice of its intent to destroy the biological material to all persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment, and to either the attorney of record for each person in custody or the state public defender.
165.81(3)(c)2.
2. No person who is notified under
subd. 1. does either of the following within 90 days after the date on which the person received the notice:
165.81(3)(c)2.b.
b. Submits a written request to preserve the biological material to the department.
165.81(3)(c)3.
3. No other provision of federal or state law requires the department to preserve the biological material.
165.81(3)(d)
(d) A notice provided under
par. (c) 1. shall clearly inform the recipient that the biological material will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the material is filed under
s. 974.07 (2) or a written request to preserve the material is submitted to the department.
165.81(3)(e)
(e) If, after providing notice under
par. (c) 1. of its intent to destroy biological material, the department receives a written request to preserve the material, the department shall preserve the material until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under
s. 974.07 (7),
(9) (a), or
(10) (a) 5., unless the court orders destruction or transfer of the biological material under
s. 974.07 (9) (b) or
(10) (a) 5.
165.81(3)(f)
(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.
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.
165.825
165.825
Information link; department of health and family services. The department of justice shall cooperate with the departments of regulation and licensing and health and family services in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.
165.825 History
History: 1997 a. 27.
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.
165.83
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, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
165.83(1)(c)1.
1. An act that is committed by a person who has attained the age of 17 and that is a felony or a misdemeanor.
165.83(1)(c)2.
2. An act that is committed by a person who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.
165.83(1)(c)3.
3. An act that is committed by any person and that is 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)1.
1. For an offense which is a felony or which would be a felony if committed by an adult.
165.83(2)(a)2.
2. For an offense which is a misdemeanor, which would be a misdemeanor if committed by an adult or which is a violation of an ordinance, and the offense involves 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.
165.83(2)(a)3.
3. For an offense charged or alleged as disorderly conduct but which relates to an act connected with one or more of the offenses under
subd. 2.
165.83(2)(a)5.
5. For any other offense designated by the attorney general.
165.83(2)(b)
(b) Accept for filing fingerprints and other identifying data, taken at the discretion of the law enforcement or tribal law enforcement agency involved, on persons arrested or taken into custody for offenses other than those listed in
par. (a).
165.83(2)(c)
(c) Obtain and file fingerprints and other available identifying data on unidentified human corpses found in this state.
165.83(2)(d)
(d) Obtain and file information relating to identifiable stolen or lost property.
165.83(2)(e)
(e) Obtain and file a copy or detailed description of each arrest warrant issued in this state for the offenses under
par. (a) or
s. 800.03 (4) but not served because the whereabouts of the person named on the warrant is unknown or because that person has left the state. All available identifying data shall be obtained with the copy of the warrant, including any information indicating that the person named on the warrant may be armed, dangerous or possessed of suicidal tendencies.
165.83(2)(f)
(f) Collect information concerning the legal action taken in connection with offenses committed in this state from the inception of the complaint to the final discharge of the defendant and such other information as may be useful in the study of crime and the administration of justice. The department may determine any other information to be obtained regarding crime records.
165.83(2)(g)
(g) Furnish all reporting officials with forms and instructions which specify in detail the nature of the information required under
pars. (a) to
(f) and any other matters which facilitate collection.
165.83(2)(h)
(h) Cooperate with and assist all law enforcement and tribal law enforcement agencies in the state in the establishment of a state system of criminal identification and in obtaining fingerprints and other identifying data on all persons described in
pars. (a),
(b) and
(c).
165.83(2)(i)
(i) Offer assistance and, when practicable, instructions to all local and tribal law enforcement agencies in establishing efficient local and tribal bureaus of identification and records systems.
