SB 639

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. A person who is

required to provide a biological specimen for DNA analysis and intentionally fails to

do so is subject to a fine not to exceed $10,000 or imprisonment not to exceed nine

months or both.

Under this bill, a person who is required to provide a biological specimen for

DNA analysis and intentionally fails to do so is subject to a fine of not less than

$15,000 nor more than $25,000 or imprisonment for not longer than one year and six

months or both.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.