2019 - 2020 LEGISLATURE
May 15, 2019 - Introduced by Representatives Hebl,
Bowen, Anderson, L. Myers,
Pope, Quinn, Riemer, Spreitzer, Stubbs, Zamarripa and Ohnstad,
cosponsored by Senators L. Taylor, Wirch and Smith. Referred to Committee
on Criminal Justice and Public Safety.
1An Act to repeal
165.77 (4) (am) 2. b. and 165.77 (4) (am) 3. b.; and to create
165.77 (4) (cm) of the statutes;
relating to: expungement of deoxyribonucleic
3acid from crime laboratories if the person is not found guilty or adjudicated
Analysis by the Legislative Reference Bureau
Under this bill, if a court reaches final disposition for all charges and
allegations for which a person was required to provide a biological sample to the
Department of Justice for deoxyribonucleic acid (DNA) analysis and the person is not
found guilty or delinquent on any such charge or allegation, the court must inform
DOJ. DOJ must then purge all DNA records and information, and destroy all
biological samples, pertaining to that person. Current law requires such a person
to request DOJ to purge all records and information and destroy all such samples and
for DOJ to verify that final disposition was reached on all charges and allegations
without a guilty or delinquent verdict before fulfilling the request.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
165.77 (4) (am) 2. b. of the statutes is repealed.
165.77 (4) (am) 3. b. of the statutes is repealed.
165.77 (4) (cm) of the statutes is created to read:
(cm) If a court reaches final disposition for all charges and 4
allegations for which a person was required to provide a biological specimen under 5
s. 165.84 (7), 938.21 (1m), 938.30 (2m), or 970.02 (8) and the person is not adjudged 6
guilty or delinquent for any such charge or allegation, the court shall inform the 7
department. Upon receiving such information, the laboratories shall purge all 8
records and identifiable information in the data bank pertaining to the person, and 9
destroy all samples from the person, related to those charges and allegations. The 10
laboratories shall maintain any record, information, or sample, however, if the 11
person is otherwise obligated to have a specimen in the data bank and complying 12
with a requirement under this paragraph would result in a need to obtain a new 13
specimen from the person.
This act takes effect on the first day of the 6th month beginning after 16