Senate Bill 631
Submission of biological specimens for deoxyribonucleic acid analysis
Topics: Corrections, Department of, Court: Procedure, District attorney, Genetics and genetic testing, Health Services, Department of: Corrections, Justice, Department of, Juvenile court, Mental health: Hospitals and institutes, Parole or probation, Prison, Sentences and penalties
Became law
The governor signed it on May 7, 2010. It's .
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Introduced, passed
Mar 18, 2010
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Committee, passed
Approved
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Senate vote, passed
Passed Apr 13, 2010
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Assembly vote, passed
Passed Apr 22, 2010
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Governor, passed
Signed
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Law, here now
2009 Wisconsin Act 261
Latest entry in the official record, May 10, 2010: “Published 5-21-2010”
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Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it does
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, certain people are required to provide a deoxyribonucleic acid (DNA) sample to the Department of Justice (DOJ), and DOJ is required to analyze the sample and include results of the analysis in a DNA data bank. Since 1993, persons sentenced, or in prison, for certain sexual assaults have been required to provide DNA samples. Since 2000, persons sentenced, or in prison, for any felony and several specified misdemeanors have been required to provide DNA samples.
In addition, persons committed as sexually violent persons, persons found not guilty by reason of mental disease or defect for certain sexual assaults, and juveniles adjudicated delinquent for certain sexual assaults or, at the discretion of the court, certain other offenses, are required to provide a DNA sample. A person who intentionally fails to comply with a requirement to provide a DNA sample is guilty of a misdemeanor.
Read the full summary Show less
Current statutes specify when and where each category of people required to provide a DNA sample must provide the DNA sample. Administrative rules also specify when and where people must provide DNA samples, although the rule requirements are somewhat different than the statutory requirements for certain categories. For example, under both the statute and the rule, a person sentenced to prison must provide a DNA sample while in prison if directed to do so by the Department of Corrections (DOC). If the person does not provide the DNA sample while in prison, under the statute, the person must provide the sample at the sheriff's office as soon as practicable after release, as directed by a supervising agent; and under the rule, the person must provide the sample at the sheriff's office or as directed by his or her supervising agent. Under the statutes, a person placed on probation must provide the DNA sample at the office of a county sheriff as soon after placement as practicable, as directed by his or her supervising agent. Under the rule, a person placed on probation must provide the DNA sample at the office of a county sheriff as soon after the placement as practicable, or as directed by his or her supervising agent.
This bill specifies that a requirement to provide a DNA sample does not expire when a person completes serving probation, a sentence, or a delinquency disposition or is released from commitment. For example, if a person is required to provide a DNA sample because he or she was in prison for a felony on or after January 1, 2000, and the person does not provide the DNA sample before leaving prison, he or she is still required to provide a DNA sample. In addition, the bill provides that regardless of whether a person already provided a DNA sample, if DOJ does not have DNA analysis results for the person, DOJ may require the person to provide another DNA sample.
The bill establishes a process under which a district attorney may petition the court to compel a person to provide a DNA sample if the person is required to provide a DNA sample but refuses or fails to do so. Under the bill, if the district attorney demonstrates reasonable cause to believe that a person is required to provide a DNA sample and that DOJ does not have DNA analysis results from the person, the court must order the person to appear for a hearing to show cause why he or she is not required to provide a DNA sample or to provide a DNA sample before the hearing date. If the person does not provide a DNA sample before the hearing and, at the hearing, the person does not disprove the district attorney's claim that the person is required to provide a DNA sample, the court must issue an order to facilitate collection of a DNA sample from the person, which may include arrest or detention of the person or use of reasonable force. Under the bill, the rules of evidence, other than rules for admissibility and privileges, do not apply to proceedings on a petition to compel a person to provide a DNA sample.
The bill provides that people who are 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 DOC; and if the person does not provide the DNA sample while in prison or the facility, then 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 (DHS) must provide the DNA sample as directed by DHS.
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.
Finally, the bill provides that a person found not guilty by reason of mental disease or defect, or in institutional care, on or after January 1, 2000, for a felony or certain specified misdemeanors must provide a DNA sample. In addition a person convicted, found not guilty by reason or mental disease or defect, or placed in institutional care on or after January 1, 2000 for failure to provide a DNA sample must provide a DNA sample as a result of the conviction, finding, or placement.
Who's behind it
3 lawmakers are its . 1 is a Democrat and 1 is a Republican. 1 has no party on record.
3 more lawmakers .
See all 6 names Hide the names
Authors (3)
- Rob Cowles · Republican, Senate
- Lena Taylor · Democrat, Senate
- by request of Attorney General JB Van Hollen
Signed on in support (3)
- Garey Bies · Republican, Assembly
- Tim Carpenter · Democrat, Senate
- Tony Staskunas · Democrat, Assembly
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
How lawmakers voted
There was one vote on this bill.
Senate Committee on Judiciary vote to recommend it
Passed, 5 to 0 · Apr 2, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0”. Official record · This vote on its own page
What happened
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May 10, 2010
The new law was published.
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May 7, 2010
The governor signed it. It became 2009 Wisconsin Act 261.
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May 6, 2010
Sent to the governor.
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Apr 22, 2010
The Assembly passed it too.
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Apr 14, 2010
Sent to the Assembly Committee on Rules.
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Apr 14, 2010
The Assembly received it.
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Apr 13, 2010
The Senate passed it.
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Apr 9, 2010
A state agency sent in its estimate of the cost.
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Apr 8, 2010
1 more senator signed on in support.
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Apr 2, 2010
The committee voted to recommend passing it, 5 to 0.
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Mar 31, 2010
A state agency sent in its estimate of the cost.
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Mar 29, 2010
A state agency sent in its estimate of the cost.
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Mar 23, 2010
A state agency sent in its estimate of the cost.
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Mar 23, 2010
The committee held a public hearing.
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Mar 18, 2010
Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.
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Mar 18, 2010
Introduced in the Senate.
See the official record, word for word Hide the official record
- Mar 18, 2010 · Senate
Introduced by Senators Taylor and Cowles, by request of Attorney General JB Van Hollen;Cosponsored by Representatives Staskunas and Bies
- Mar 18, 2010 · Senate
Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing
- Mar 23, 2010 · Senate
Public hearing held
- Mar 23, 2010 · Senate
Fiscal estimate received
- Mar 29, 2010 · Senate
Fiscal estimate received
- Mar 31, 2010 · Senate
Fiscal estimate received
- Mar 31, 2010 · Senate
Fiscal estimate received
- Apr 1, 2010 · Senate
Executive action taken
- Apr 2, 2010 · Senate
Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0
- Apr 2, 2010 · Senate
Available for scheduling
- Apr 8, 2010 · Senate
Placed on calendar 4-13-2010 pursuant to Senate Rule 18(1)
- Apr 8, 2010 · Senate
Senator Carpenter added as a coauthor
- Apr 9, 2010 · Senate
Fiscal estimate received
- Apr 13, 2010 · Senate
Read a second time
- Apr 13, 2010 · Senate
Ordered to a third reading
- Apr 13, 2010 · Senate
Rules suspended
- Apr 13, 2010 · Senate
Read a third time and passed
- Apr 13, 2010 · Senate
Ordered immediately messaged
- Apr 14, 2010 · Assembly
Received from Senate
- Apr 14, 2010 · Assembly
Read first time and referred to committee on Rules
- Apr 20, 2010 · Assembly
Made a special order of business at 12:00 P.M. on 4-22-2010 pursuant to Assembly Resolution 26
- Apr 22, 2010 · Assembly
Read a second time
- Apr 22, 2010 · Assembly
Ordered to a third reading
- Apr 22, 2010 · Assembly
Rules suspended
- Apr 22, 2010 · Assembly
Read a third time and concurred in
- Apr 22, 2010 · Assembly
Ordered immediately messaged
- Apr 23, 2010 · Senate
Received from Assembly concurred in
- May 4, 2010 · Senate
Report correctly enrolled on 5-4-2010
- May 6, 2010 · Senate
Presented to the Governor on 5-6-2010
- May 7, 2010 · Senate
Report approved by the Governor on 5-7-2010. 2009 Wisconsin Act 261
- May 10, 2010 · Senate
Published 5-21-2010
Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote