SB336,3,136 165.76 (4) The department of justice shall promulgate rules necessary to carry
7out its duties under this section, including rules specifying whether a person who is
8required under this section or s. 51.20 (13) (cr), 165.84 (7), 938.34 (15), 971.17 (1m)
9(a), 973.047, or 980.063 to provide a biological specimen for deoxyribonucleic acid
10analysis must provide a new biological specimen if the crime laboratories already
11have a biological specimen from the person or if data obtained from deoxyribonucleic
12acid analysis of the person's biological specimen is already included in the data bank
13under s. 165.77 (3).

SB336,3,1815 165.765 (1) Whoever intentionally fails to comply with a requirement to submit
16a biological specimen under s. 165.76, 165.84 (7), 938.34 (15), 973.047, or 980.063
17may be fined not more than $10,000 or imprisoned for not more than 9 months or
18both.

SB336,3,2420 165.765 (2) (a) Any physician, registered nurse, medical technologist,
21physician assistant or person acting under the direction of a physician who obtains
22a biological specimen under s. 165.76, 165.84 (7), 938.34 (15), 973.047, or 980.063 is
23immune from any civil or criminal liability for the act, except for civil liability for
24negligence in the performance of the act.

SB336,4,12

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1165.77 (3) If the laboratories receive a human biological specimen under s.
251.20 (13) (cr), 165.76, 165.84 (7), 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063,
3the laboratories shall analyze the deoxyribonucleic acid in the specimen. The
4laboratories shall maintain a data bank based on data obtained from
5deoxyribonucleic acid analysis of those specimens. The laboratories may compare
6the data obtained from one specimen with the data obtained from other specimens.
7The laboratories may make data obtained from any analysis and comparison
8available to law enforcement agencies in connection with criminal or delinquency
9investigations and, upon request, to any prosecutor, defense attorney or subject of
10the data. The data may be used in criminal and delinquency actions and proceedings.
11The laboratories shall destroy specimens obtained under this subsection after
12analysis has been completed and the applicable court proceedings have concluded.

SB336,4,1614 165.77 (4) (a) A person whose deoxyribonucleic acid analysis data has been
15included in the data bank under sub. (3) may request expungement on the grounds
16that all of the following conditions are satisfied:

SB336,4,1917 1. All convictions or adjudications for which the person was required to submit
18a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a),
19973.047, or 980.063 have been reversed, set aside, or vacated.

SB336,4,2120 2. If the person was required to provide a biological specimen under s. 165.84
21(7) in connection with an arrest for a felony, one of the following applies:

SB336,4,2222 a. All charges filed in connection with the arrest have been dismissed.

SB336,4,2523 b. The trial court reached final disposition for all charges in connection with
24the arrest and the person was not adjudged guilty of a crime in connection with the
25arrest.

SB336,5,2

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1c. At least one year has passed since the arrest and the person has not been
2charged with a crime in connection with the arrest.

SB336,5,43 d. The person was adjudged guilty of a crime in connection with the arrest and
4the conviction has been reversed, set aside, or vacated.

SB336,5,75 3. If the person was required to provide a biological specimen under s. 165.84
6(7) in connection with being taken into custody under s. 938.19, one of the following
7applies:

SB336,5,108 a. All criminal complaints or delinquency petitions alleging that the person
9violated s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the
10taking into custody have been dismissed.

SB336,5,1511 b. The trial court reached final disposition for all allegations of a violation of
12s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the taking into
13custody and the person was not convicted or adjudged delinquent for a violation of
14s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the taking into
15custody.

SB336,5,1916 c. At least one year has passed since the person was taken into custody and no
17criminal complaint or delinquency petition alleging a violation of s. 940.225, 948.02
18(1) or (2), 948.025, or 948.085 (2) has not been filed against the person in connection
19with the taking into custody.

SB336,5,2320 d. The person was convicted or adjudged delinquent for a violation of s. 940.225,
21948.02 (1) or (2), 948.025, or 948.085 (2) in connection with the taking into custody
22and the conviction or delinquency adjudication has been reversed, set aside, or
23vacated.

SB336,6,324 (b) If the conditions under par. (a) are satisfied, the laboratories shall purge all
25records and identifiable information in the data bank pertaining to the person and

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1destroy all specimens from the person upon receiving the person's written request
2for expungement and any documentation required by the department of justice
3under rules promulgated under sub. (8).

SB336,6,125 165.84 (7) (a) Subject to rules promulgated under s. 165.76 (4), all persons in
6charge of law enforcement and tribal law enforcement agencies shall obtain, or cause
7to be obtained, a biological specimen for deoxyribonucleic acid analysis from each
8adult arrested for a felony and each minor taken into custody for an offense under
9s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2). The person in charge of the law
10enforcement or tribal law enforcement agency shall submit the specimen to the crime
11laboratories for deoxyribonucleic acid analysis and inclusion of the adult or minor's
12deoxyribonucleic acid profile in the data bank under s. 165.77 (3).

SB336,6,1513 (b) The department of justice shall promulgate rules establishing procedures
14and time limits for providing, collecting, and submitting biological specimens under
15this section.

SB336,6,1716 (c) Biological specimens collected under this section may only be used as
17provided under s. 165.77.