LRB-1570/1
PJH:kjf:jf
2011 - 2012 LEGISLATURE
August 11, 2011 - Introduced by Senators S. Coggs and Wanggaard, cosponsored
by Representatives Barca, Young, Hebl, Staskunas, Berceau and Fields.
Referred to Committee on Labor, Public Safety, and Urban Affairs.
SB169,1,6
1An Act to repeal 938.34 (15) (b);
to renumber and amend 980.063 (1) (a) and
2(b);
to amend 51.20 (13) (cr), 165.76 (2m) (intro.), 165.76 (3), 165.76 (4), 165.765
3(1), 165.765 (2) (a), 938.34 (15) (a) 1. and 2., 971.17 (1m) (a) and 973.047 (1f);
4and
to create 938.34 (15) (c) of the statutes;
relating to: collecting a
5deoxyribonucleic acid sample and requiring the exercise of rule-making
6authority.
Analysis by the Legislative Reference Bureau
Under current law, a person convicted of, found delinquent for, institutionalized
for, or declared registered sex offenders due to committing, felonies or certain other
misdemeanors are generally required to provide a deoxyribonucleic acid (DNA)
sample to the state crime laboratories for analysis and inclusion in the Department
of Justice (DOJ) DNA database. Under current law, a person who is required to
provide a DNA sample must provide it as follows:
1. A person sentenced to prison or a juvenile correctional facility must provide
the DNA sample while in prison or the facility, as directed by the Department of
Corrections (DOC). If the person does not provide the DNA sample while in prison
or the facility, then he or she must provide the DNA sample as soon as practicable
after release at a sheriff's office, except if directed otherwise by the person's
supervising agent.
2. A person placed on probation by a court in this state must provide the DNA
sample as soon as practicable after placement at the sheriff's office, except if directed
otherwise by the person's supervising agent.
3. A person placed on parole or probation in this state from another state, if
directed by DOC to provide a DNA sample, must provide the DNA sample, as soon
as practicable after release at the office of the county sheriff, except if directed
otherwise by the person's supervising agent.
4. A juvenile placed on supervision shall provide the DNA sample as soon as
practicable after placement at the sheriff's office, except if directed otherwise by the
agency providing supervision.
5. A person sentenced to jail or a county house of corrections must provide the
DNA sample as directed by the sheriff as soon as practicable after sentencing; and
if the person does not provide the biological specimen while in jail or the house of
corrections, as soon as practicable after release at a sheriff's office.
6. A person committed to the Department of Health Services must provide the
DNA sample as directed by that department.
7. If none of the above applies, the person must provide the DNA sample as soon
as practicable after the obligation to provide a DNA sample arises at the sheriff's
office, except if directed otherwise by the agency providing supervision or having
custody of the person.
Under this bill, when a person is found delinquent or found not guilty by reason
of mental disease or defect, sentenced, declared a sexual predator, or placed into
custody or on probation for a crime that requires the person to submit a DNA sample,
the court must place the person in the custody of the sheriff immediately after the
sentencing or placement hearing for a time sufficient to provide the sample. The bill
requires DOJ to promulgate rules for the collecting of samples by sheriffs.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB169, s. 1
1Section
1. 51.20 (13) (cr) of the statutes is amended to read:
SB169,3,22
51.20
(13) (cr) If the subject individual is before the court on a petition filed
3under a court order under s. 938.30 (5) (c) 1. and
, on or after the effective date of this
4paragraph .... [LRB inserts date], is found to have committed a violation of s. 940.225
5(1) or (2), 948.02 (1) or (2), 948.025, or 948.085, the court shall
require the individual 6place the person in the physical custody of the sheriff for a time sufficient for the
7person to provide a biological specimen
. The sheriff shall collect the biological
1specimen and submit it to the state crime laboratories for deoxyribonucleic acid
2analysis
as provided in rules promulgated under s. 165.76 (4).
SB169, s. 2
3Section
2. 165.76 (2m) (intro.) of the statutes is amended to read:
SB169,3,74
165.76
(2m) (intro.)
Unless Except as provided under ss. 51.20 (13) (cr), 938.34
5(15), 971.17 (1m) (a), 973.047, or 980.063, or as otherwise provided by rule under sub.
6(4), a person who is required to provide a biological specimen under sub. (1) shall
7provide the biological specimen at the following time and place:
SB169, s. 3
8Section
3. 165.76 (3) of the statutes is amended to read:
SB169,3,149
165.76
(3) Notwithstanding sub. (1), if a county sheriff, the department of
10corrections, or the department of health services determines that a person who is
11required to
submit provide a biological specimen under sub. (1) has
submitted 12provided a biological specimen and that data obtained from analysis of the person's
13biological specimen is included in the data bank under s. 165.77 (3), the person is not
14required to
submit provide another biological specimen.
SB169, s. 4
15Section
4. 165.76 (4) of the statutes is amended to read:
SB169,3,1916
165.76
(4) The department of justice
may shall promulgate rules
to implement
17this section for providing and collecting biological specimens and submitting
18specimens to the crime laboratories under this section and 51.20 (13) (cr), 938.34
19(15), 971.17 (1m) (a), 973.047, and 980.063.
SB169, s. 5
20Section
5. 165.765 (1) of the statutes is amended to read:
SB169,3,2421
165.765
(1) Whoever intentionally fails to comply with a requirement to
submit 22provide a biological specimen
as ordered under s.
51.20 (13) (cr), 165.76, 938.34 (15),
23971.17 (1m) (a), 973.047
, or 980.063 may be fined not more than $10,000 or
24imprisoned for not more than 9 months or both.
SB169, s. 6
25Section
6. 165.765 (2) (a) of the statutes is amended to read:
SB169,4,6
1165.765
(2) (a) Any physician, registered nurse, medical technologist,
2physician assistant or person acting under the direction of a physician
, sheriff, or
3person acting under the direction of a sheriff who obtains a biological specimen
as
4ordered under s.
51.20 (13) (cr), 165.76, 938.34 (15),
971.17 (1m) (a), 973.047
, or
5980.063 is immune from any civil or criminal liability for the act, except for civil
6liability for negligence in the performance of the act.
SB169, s. 7
7Section
7. 938.34 (15) (a) 1. and 2. of the statutes are amended to read:
SB169,4,128
938.34
(15) (a) 1. If
, on or after the effective date of this subdivision .... [LRB
9inserts date], the juvenile is adjudicated delinquent on the basis of a violation of s.
10940.225, 948.02 (1) or (2), 948.025, or 948.085 (2), the court shall require the juvenile
11to provide a biological specimen
to the state crime laboratories for deoxyribonucleic
12acid analysis
by the state crime laboratories.
SB169,4,1713
2. Except as provided in subd. 1., if
, on or after the effective date of this
14subdivision .... [LRB inserts date], the juvenile is adjudicated delinquent on the basis
15of any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may
16require the juvenile to provide a biological specimen
to the state crime laboratories 17for deoxyribonucleic acid analysis
by the state crime laboratories.
SB169, s. 8
18Section
8. 938.34 (15) (b) of the statutes is repealed.
SB169, s. 9
19Section
9. 938.34 (15) (c) of the statutes is created to read:
SB169,4,2520
938.34
(15) (c) If a court requires a juvenile to provide a biological specimen
21under par. (a), the court shall, at the end of the hearing in which a disposition is
22imposed under this section, place the juvenile in the physical custody of the sheriff
23for a time sufficient for the juvenile to provide the biological specimen. The sheriff
24shall collect the biological specimen and submit it to the state crime laboratories as
25provided in rules promulgated by the department of justice under s. 165.76 (4).
SB169, s. 10
1Section
10. 971.17 (1m) (a) of the statutes is amended to read:
SB169,5,82
971.17
(1m) (a) If
, on or after the effective date of this paragraph .... [LRB
3inserts date], the defendant under sub. (1) is found not guilty by reason of mental
4disease or defect for a felony or a violation of s. 165.765 (1), 940.225 (3m), 944.20, or
5948.10, the court shall
require place the person
in the physical custody of the sheriff
6for a time sufficient for the person to provide a biological specimen
. The sheriff shall
7collect the biological specimen and submit it to the state crime laboratories for
8deoxyribonucleic acid analysis
as provided in rules promulgated under s. 165.76 (4).
SB169, s. 11
9Section
11. 973.047 (1f) of the statutes is amended to read:
SB169,5,2010
973.047
(1f) If
, on or after the effective date of this subsection .... [LRB inserts
11date], a court imposes a sentence or places a person on probation for a felony
12conviction or for a conviction for a violation of s. 165.765 (1), 940.225 (3m), 944.20,
13or 948.10
(1) (b), the court shall require the person to provide a biological specimen
14to the state crime laboratories for deoxyribonucleic acid analysis
by the state crime
15laboratories. At the end of the hearing in which the sentence is imposed or the person
16is placed on probation, the court shall place the person in the physical custody of the
17sheriff for a time sufficient for the person to provide the biological specimen. The
18sheriff shall collect the biological specimen and submit it to the state crime
19laboratories as provided in rules promulgated by the department of justice under s.
20165.76 (4).
SB169, s. 12
21Section
12. 980.063 (1) (a) and (b) of the statutes are renumbered 980.063 (1)
22and (3) and amended to read:
SB169,6,323
980.063
(1) If
, on or after the effective date of this subsection .... [LRB inserts
24date], a person is found to be a sexually violent person under this chapter, the court
25shall
require place the person
in the physical custody of the sheriff for a time
1sufficient for the person to provide a biological specimen
. The sheriff shall collect the
2biological specimen and submit it to the state crime laboratories for deoxyribonucleic
3acid analysis
as provided in rules promulgated under s. 165.76 (4).
SB169,6,6
4(3) The results from deoxyribonucleic acid analysis of a specimen under
par.
5(a) sub. (1) may be used only as authorized under s. 165.77 (3). The state crime
6laboratories shall destroy any such specimen in accordance with s. 165.77 (3).
SB169,6,98
(1) This act first applies to biological specimens provided on the effective date
9of this subsection.
SB169,6,1211
(1) This act takes effect on the first day of the 13th month beginning after
12publication.
