This chapter applies to any person who meets any of the
criteria listed in ss.
165.76(1),
938.34(15), and
973.047(1f),
Stats.
(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.
(ar) Is or was in prison on or after January
1, 2000, for a felony committed in this state.
(av) Is or was found guilty on or after
January 1, 2000, of any felony or any violation of s.
165.765(1),
940.225(3m),
944.20, or
948.10.
(b) 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),
940.225(3m),
944.20, or
948.10.
(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),
940.225(3m),
944.20, or
948.10.
(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 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.
(g) Has been required by a court under s.
51.20(13) (cr),
938.34(15m) [s.
938.34(15)],
971.17 (1m) (a), 973.047, or 980.063 to provide a biological specimen to the
state crime laboratories for deoxyribonucleic acid analysis.
Note: The correct cross-reference is shown in brackets.
(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.
Note: Section
938.34(15),
2011 Stats., reads:
(15)
(a)
1. If the juvenile is adjudicated delinquent
on the basis of a violation of s.
940.225,
948.02(1) or
(2),
948.025, or
948.085(2), the
court shall require the juvenile to provide a biological specimen to the state
crime laboratories for deoxyribonucleic acid analysis.
2. Except as provided in subd. 1., if the
juvenile is adjudicated delinquent on the basis of any violation under ch. 940,
944 or 948 or ss. 943.01 to
943.15, the court may require
the juvenile to provide a biological specimen to the state crime laboratories
for deoxyribonucleic acid analysis.
3. The results from deoxyribonucleic acid
analysis of a specimen under subd. 1. or 2. may be used only as authorized
under s. 165.77(3). The
state crime laboratories shall destroy any such specimen in accordance with s.
165.77(3).
(b) The department of
justice shall promulgate rules providing procedures for juveniles to provide
specimens under par. (a) and for the transportation of the specimens to the
state crime laboratories under s.
165.77.
Note: Section
973.047(1),
2011 Stats., reads:
(1f)If a court imposes a sentence or places a
person on probation for a felony conviction or for a conviction for a violation
of s. 165.765(1),
940.225(3m),
944.20, or
948.10 [s.
948.10(1) (b)],
the court shall require the person to provide a biological specimen to the
state crime laboratories for deoxyribonucleic acid analysis.
Note: The correct cross-reference is shown in brackets.
(1m). The results from deoxyribonucleic acid
analysis of a specimen provided under this section may be used only as
authorized under s. 165.77(3). The
state crime laboratories shall destroy any such specimen in accordance with s.
165.77(3).
(2)The department of justice shall promulgate
rules providing for procedures for defendants to provide specimens when
required to do so under this section and for the transportation of those
specimens to the state crime laboratories for analysis under s.
165.77.
