SB 170

Under current law, the following people are generally 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; a person found not guilty by reason

of mental disease or defect of, or institutionalized for, committing a felony or certain

misdemeanors; and a juvenile adjudicated delinquent for certain felony sexual

assaults or certain misdemeanors.

Under current law, the requirement to submit a DNA sample does not expire

when the person completes serving his or her sentence or delinquency disposition or

is released from a civil commitment. 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.