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Code · Wisconsin · Chapter 165 — Department of justice

165.76 Submission of human biological specimen.

1,317 words·~6 min read·/wi/chapter-165/165-76-2

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165.76 Submission of human biological specimen.
(1)A person shall provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis if he or she meets any of the following criteria:
(a)Is or was in a juvenile correctional facility, as defined in s. 938.02
(10p), or a secured residential care center for children and youth, 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), 948.025 , or 948.085 .
(ag)Is or was in prison on or after August 12, 1993, and before January 1, 2000, for any violation of s. 940.225
(1)or
(2), 948.02
(1)or
(2), or 948.025 .
(am)Is or was adjudicated delinquent for an act that if committed by an adult in this state would be a felony or for a violation of s. 940.225
(3m), 941.20
(1), 944.20 , 944.30
(1m), 944.31
(1), 944.33 , 946.52 , or 948.10
(b).
(ar)Is or was in prison on or after January 1, 2000, for a felony committed in this state.
(as)Is or was found guilty of any misdemeanor on or after April 1, 2015.
(av)Is or was found guilty on or after January 1, 2000, of any of the following:
1. Any felony.
2. Before April 1, 2015, any violation of s. 165.765
(1), 2011 stats., or of s. 940.225
(3m), 944.20 , or 948.10
(b).
(aw)Is or was found guilty on or after January 1, 2000, and before April 1, 2015, of any violation of s. 940.225
(3m), 944.20 , or 948.10 .
(bg)Is or was sentenced or placed on probation on or after August 12, 1993, for a violation of s. 940.225 , 948.02
(1)or
(2), or 948.025 .
(bm)Has been found not guilty or not responsible by reason of mental disease or defect on or after August 12, 1993, and committed under s. 51.20 or 971.17 for any violation of s. 940.225
(1)or
(2), 948.02
(1)or
(2), 948.025 , or 948.085 .
(br)Has been found not guilty or not responsible by reason of mental disease or defect on or after January 1, 2000, and committed under s. 51.20 or 971.17 , for any felony or a violation of s. 165.765
(1), 2011 stats., or of s. 940.225
(3m), 944.20 , 946.52 , or 948.10
(b).
(c)Is or was in institutional care on or after August 12, 1993, for any violation of s. 940.225
(1)or
(2), 948.02
(1)or
(2), 948.025 , or 948.085 .
(cr)Is or was in institutional care on or after January 1, 2000, for a felony or any violation of s. 165.765
(1), 2011 stats., or of s. 940.225
(3m), 944.20 , 946.52 , or 948.10
(b).
(d)Has been found to be a sexually violent person under ch. 980 on or after June 2, 1994.
(e)Is or was released on parole or extended supervision or placed on probation in another state before January 1, 2000, and is or was on parole, extended supervision, or probation in this state from the other state under s. 304.13
(1m), 304.135 , or 304.16 on or after July 9, 1996, for a violation of the law of the other state that the department of corrections determines, under s. 304.137
(1), is comparable to a violation of s. 940.225
(1)or
(2), 948.02
(1)or
(2), 948.025 , or 948.085 .
(f)Is or was released on parole or extended supervision or placed on probation in another state on or after January 1, 2000, and before April 1, 2015, and is or was on parole, extended supervision, or probation in this state from the other state under s. 304.13
(1m), 304.135 , or 304.16 for a violation of the law of the other state that the department of corrections determines, under s. 304.137
(2), would constitute a felony if committed by an adult in this state.
(fm)Is or was released on parole or extended supervision or placed on probation in another state on or after April 1, 2015, and is or was on parole, extended supervision, or probation in this state from the other state under s. 304.13
(1m), 304.135 , or 304.16 .
(g)Has been required by a court under s. 51.20
(cr), 938.21
(1m), 938.30
(2m), 938.34
(15), 970.02
(8), 971.17
(a), 973.047 , or 980.063 to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
(gm)Is arrested for a violent crime, as defined in s. 165.84
(ab), or is taken into custody for a juvenile offense that would be a violent crime, as defined in s. 165.84
(ab), if committed by an adult in this state.
(h)Is notified by the department of justice, the department of corrections, a district attorney, or a county sheriff under sub.
(1m)that the person is required to provide a biological specimen.
(1m)If a person is required to provide a biological specimen under sub.
(a)to
(gm)and the department of justice does not have the data obtained from analysis of a biological specimen from the person that the department is required to maintain in the data bank under s. 165.77
(3), the department may require the person to provide a biological specimen, regardless of whether the person previously provided a biological specimen under this section or s. 51.20
(cr), 165.84
(7), 938.21
(1m), 938.30
(2m), 938.34
(15), 970.02
(8), 971.17
(a), 973.047 , or 980.063 . The department of justice, the department of corrections, a district attorney, or a county sheriff, shall notify any person whom the department of justice requires to provide a biological specimen under this subsection.
(2r)Failure by a person who is required to provide a biological specimen under sub.
(1)to provide the biological specimen in accordance with the rules promulgated under sub.
(4)does not relieve the person of the obligation to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
(4)The department of justice shall promulgate rules to do all of the following:
(a)Establish procedures and time limits for obtaining and submitting biological specimens under this section and ss. 51.20
(cr), 165.84
(7), 938.21
(1m), 938.30
(2m), 938.34
(15), 970.02
(8), 971.17
(a), 973.047 , and 980.063 .
(b)Specify whether an individual who is required under this section or s. 51.20
(cr), 165.84
(7), 938.21
(1m), 938.30
(2m), 938.34
(15), 970.02
(8), 971.17
(a), 973.047 , or 980.063 to provide a biological specimen for deoxyribonucleic acid analysis must provide a new biological specimen if the crime laboratories already have a biological specimen from the individual or if data obtained from deoxyribonucleic acid analysis of the individual’s biological specimen are already included in the data bank under s. 165.77
(3).
(c)Allow a biological specimen, or data obtained from analysis of a biological specimen, obtained under this section, under s. 51.20
(cr), 938.21
(1m), 938.30
(2m), 938.34
(15), 970.02
(8), 971.17
(a), 973.047 , or 980.063 , or, if the specimen is required to be analyzed under s. 165.84
(am)1m. , under s. 165.84
(ah), to be submitted for inclusion in an index established under 42 USC 14132
(a)or in another national index system.
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