SB 336

Under current law, the following people are required to submit biological

specimens to the crime laboratories for deoxyribonucleic acid (DNA) analysis: a

person sentenced or placed on probation in Wisconsin for a felony (a crime for which

a person may be sentenced to prison) or one of the several specified misdemeanors;

a person found to be a sexually violent person; a person on probation, parole, or

extended supervision in Wisconsin for a crime committed in another state that would

be a felony if committed in Wisconsin; and a person found not guilty by reason of

mental disease or defect or adjudicated delinquent for certain felony sexual assaults.

In addition, a court may order a juvenile who is adjudicated delinquent for certain

other offenses to provide a biological specimen for DNA analysis. The crime

laboratories are required to analyze the DNA in the biological specimens and

maintain a DNA data bank of information obtained from the analyses. The crime

laboratories may compare data obtained from the analysis of specimens and may

share the results of analyses or comparisons with law enforcement agencies,

prosecutors, the person who submitted a specimen, and defense attorneys. The

crime laboratories must expunge all data relating to a person from the data bank if

the person's conviction or adjudication is reversed, set aside, or vacated and the

person requests that the data be expunged. A person who is required to submit a

biological specimen for DNA analysis, except a person who is committed for mental

health reasons, and intentionally fails to provide a specimen is subject to a criminal

penalty.

This bill requires law enforcement agencies to collect a biological specimen for

DNA analysis from every adult who is arrested for a felony and every juvenile who

is taken into custody for certain sexual assault offenses that would be felonies if

committed by an adult. The bill further requires the crime laboratories to analyze

the specimens and include information obtained from the analyses in the DNA data

bank. Under the bill, the crime laboratories must expunge information about a

person from the DNA data bank, at the person's request, if the person was required

to submit a biological specimen only in connection with an arrest and the person is

not charged with a crime within one year after the arrest, criminal charges are

dismissed, or the court reaches final disposition with respect to charges in connection

with the arrest and the person is not found guilty of a crime or, if found guilty of a

crime, the conviction is later reversed, set aside, or vacated. Similarly, the crime

laboratories must expunge information about a person from the DNA data bank, at

the person's request, if the person was required to submit a biological specimen only

in connection with being taken into custody as a juvenile and the state does not file

a criminal complaint or delinquency petition alleging certain sexual assault offenses

within a year after taking the juvenile into custody, sexual assault allegations are

dismissed, or the court reaches final disposition with respect to allegations in

connection with the taking into custody and the person is not found to have