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Bills from the 2009–10 session

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 ⁠.

  1. Introduced, passed

    Mar 18, 2010

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Apr 13, 2010

  4. Assembly vote, passed

    Passed Apr 22, 2010

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 261

Latest entry in the official record, May 10, 2010: “Published 5-21-2010”

Read the bill

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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

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

Authors (3)

  • Rob Cowles · Republican, Senate
  • Lena Taylor · Democrat, Senate
  • by request of Attorney General JB Van Hollen

Signed on in support (3)

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

  1. May 10, 2010

    The new law was published.

  2. May 7, 2010

    The governor signed it. It became 2009 Wisconsin Act 261.

  3. May 6, 2010

    Sent to the governor.

  4. Apr 22, 2010

    The Assembly passed it too.

  5. Apr 14, 2010

    Sent to the Assembly Committee on Rules.

  6. Apr 14, 2010

    The Assembly received it.

  7. Apr 13, 2010

    The Senate passed it.

  8. Apr 9, 2010

    A state agency sent in its estimate of the cost.

  9. Apr 8, 2010

    1 more senator signed on in support.

  10. Apr 2, 2010

    The committee voted to recommend passing it, 5 to 0.

  11. Mar 31, 2010

    A state agency sent in its estimate of the cost.

  12. Mar 29, 2010

    A state agency sent in its estimate of the cost.

  13. Mar 23, 2010

    A state agency sent in its estimate of the cost.

  14. Mar 23, 2010

    The committee held a public hearing.

  15. Mar 18, 2010

    Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

  16. Mar 18, 2010

    Introduced in the Senate.

See the official record, word for word
  1. Mar 18, 2010 · Senate

    Introduced by Senators Taylor and Cowles, by request of Attorney General JB Van Hollen;Cosponsored by Representatives Staskunas and Bies

  2. Mar 18, 2010 · Senate

    Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing

  3. Mar 23, 2010 · Senate

    Public hearing held

  4. Mar 23, 2010 · Senate

    Fiscal estimate received

  5. Mar 29, 2010 · Senate

    Fiscal estimate received

  6. Mar 31, 2010 · Senate

    Fiscal estimate received

  7. Mar 31, 2010 · Senate

    Fiscal estimate received

  8. Apr 1, 2010 · Senate

    Executive action taken

  9. Apr 2, 2010 · Senate

    Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0

  10. Apr 2, 2010 · Senate

    Available for scheduling

  11. Apr 8, 2010 · Senate

    Placed on calendar 4-13-2010 pursuant to Senate Rule 18(1)

  12. Apr 8, 2010 · Senate

    Senator Carpenter added as a coauthor

  13. Apr 9, 2010 · Senate

    Fiscal estimate received

  14. Apr 13, 2010 · Senate

    Read a second time

  15. Apr 13, 2010 · Senate

    Ordered to a third reading

  16. Apr 13, 2010 · Senate

    Rules suspended

  17. Apr 13, 2010 · Senate

    Read a third time and passed

  18. Apr 13, 2010 · Senate

    Ordered immediately messaged

  19. Apr 14, 2010 · Assembly

    Received from Senate

  20. Apr 14, 2010 · Assembly

    Read first time and referred to committee on Rules

  21. Apr 20, 2010 · Assembly

    Made a special order of business at 12:00 P.M. on 4-22-2010 pursuant to Assembly Resolution 26

  22. Apr 22, 2010 · Assembly

    Read a second time

  23. Apr 22, 2010 · Assembly

    Ordered to a third reading

  24. Apr 22, 2010 · Assembly

    Rules suspended

  25. Apr 22, 2010 · Assembly

    Read a third time and concurred in

  26. Apr 22, 2010 · Assembly

    Ordered immediately messaged

  27. Apr 23, 2010 · Senate

    Received from Assembly concurred in

  28. May 4, 2010 · Senate

    Report correctly enrolled on 5-4-2010

  29. May 6, 2010 · Senate

    Presented to the Governor on 5-6-2010

  30. May 7, 2010 · Senate

    Report approved by the Governor on 5-7-2010. 2009 Wisconsin Act 261

  31. 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

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

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