SB55-SSA1-SA2, s. 3957f Section 3957f. 944.205 (2) (b) of the statutes is amended to read:

SB55-SSA1-SA2,626,18 944.205 (2) (b) Possesses or distributes a photograph, motion picture, videotape, or other visual representation or reproduction that depicts nudity and that was taken or made without the knowledge and consent of the person who is depicted nude in violation of par. (a) or (am), if the person possessing or distributing the representation or reproduction knows or has reason to know that the photograph, motion picture, videotape, or other visual representation or reproduction was taken or made without the knowledge and consent of the person who is depicted nude in violation of par. (a) or (am) and if the person who is depicted nude in the representation or reproduction did not consent to the possession or distribution.

SB55-SSA1-SA2, s. 3958f Section 3958f. 944.205 (3) of the statutes is amended to read:

SB55-SSA1-SA2,626,25 944.205 (3) Notwithstanding sub. (2) (a), (am), and (b), if the person in a photograph, motion picture, videotape, or other visual representation or reproduction is a child and the taking of the photograph or the making, possession, or distribution of the photograph, motion picture, videotape, or other visual representation or reproduction does not violate s. 948.05 or 948.12, a parent, guardian, or legal custodian of the child may do any of the following:

SB55-SSA1-SA2,627,3 (a) Make Take and possess the photograph or make and possess the photograph, motion picture, videotape, or other visual representation reproduction of the child.

SB55-SSA1-SA2,627,6 (b) Distribute a photograph, taken or possessed, or a motion picture, videotape or other visual representation or reproduction made or possessed, under par. (a) if the distribution is not for commercial purposes.".

SB55-SSA1-SA2,627,7 1343. Page 1250, line 5: after that line insert:

SB55-SSA1-SA2,627,8 " Section 3984j. 950.04 (1v) (s) of the statutes is amended to read:

SB55-SSA1-SA2,627,14 950.04 (1v) (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence , subject to s. 968.205. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.".

SB55-SSA1-SA2,627,15 1344. Page 1250, line 14: after that line insert:

SB55-SSA1-SA2,627,16 " Section 3984r. 950.04 (1v) (ve) of the statutes is created to read:

SB55-SSA1-SA2,627,21 950.04 (1v) (ve) If a hearing is scheduled in response to a petition filed by the department of corrections under s. 973.032 (4m) (b) for permission to release a person from a placement in the intensive supervision program under s. 301.048 (3) (a) 1., to have the appropriate clerk of court send the victim a copy of a petition and notification of the hearing on that petition under s. 973.032 (4m) (c).".

SB55-SSA1-SA2,627,22 1345. Page 1250, line 14: after that line insert:

SB55-SSA1-SA2,627,23 " Section 3984p. 950.04 (1v) (yd) of the statutes is created to read:

SB55-SSA1-SA2,628,4 950.04 (1v) (yd) To have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made under s. 974.07 (2) for postconviction deoxyribonucleic acid testing of certain evidence and notification of any hearing on that motion, as provided under s. 974.07 (4).".

SB55-SSA1-SA2,628,6 1346. Page 1255, line 22: delete the material beginning with that line and ending with page 1256, line 4.

SB55-SSA1-SA2,628,7 1347. Page 1256, line 4: after that line insert:

SB55-SSA1-SA2,628,8 " Section 3998c. 968.20 (1) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,628,17 968.20 (1) (intro.) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.12 or, 173.21 (4), or 968.205, returned if:

SB55-SSA1-SA2, s. 3998e Section 3998e. 968.20 (2) of the statutes is amended to read:

SB55-SSA1-SA2,628,22 968.20 (2) Property not required for evidence or use in further investigation, unless contraband or property covered under sub. (1m) or (1r) or s. 173.12 or 968.205, may be returned by the officer to the person from whom it was seized without the requirement of a hearing.

SB55-SSA1-SA2, s. 3998g Section 3998g. 968.20 (4) of the statutes is amended to read:

SB55-SSA1-SA2,629,10 968.20 (4) Any property seized, other than property covered under s. 968.205, which that poses a danger to life or other property in storage, transportation or use and which that is not required for evidence or further investigation shall be safely disposed of upon command of the person in whose custody they are committed. The city, village, town or county shall by ordinance or resolution establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances which have a commercial value in normal business usage and do not pose an immediate threat to life or property. If enacted, any such provision shall include a presumption that if the substance appears to be or is reported stolen an attempt will be made to return the substance to the rightful owner.

SB55-SSA1-SA2, s. 3998i Section 3998i. 968.205 of the statutes is created to read:

SB55-SSA1-SA2,629,12 968.205 Preservation of certain evidence. (1) In this section:

SB55-SSA1-SA2,629,20 (a) "Custody" means actual custody of a person under a sentence of imprisonment, custody of a probationer, parolee, or person on extended supervision by the department of corrections, actual or constructive custody of a person pursuant to a dispositional order under ch. 938, supervision of a person, whether in institutional care or on conditional release, pursuant to a commitment order under s. 971.17 and supervision of a person under ch. 980, whether in detention before trial or while in institutional care or on supervised release pursuant to a commitment order.

SB55-SSA1-SA2,629,25 (b) "Discharge date" means the date on which a person is released or discharged from custody that resulted from a criminal action, a delinquency proceeding under ch. 938, or a commitment proceeding under s. 971.17 or ch. 980 or, if the person is serving consecutive sentences of imprisonment, the date on which the person is released or discharged from custody under all of the sentences.

SB55-SSA1-SA2,630,7 (2) Except as provided in sub. (3), if physical evidence that is in the possession of a law enforcement agency includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, delinquency adjudication, or commitment under s. 971.17 or 980.06, the law enforcement agency 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.

SB55-SSA1-SA2,630,10 (3) Subject to sub. (5), a law enforcement agency may destroy biological material before the expiration of the time period specified in sub. (2) if all of the following apply: