Wisconsin § 165.77 - Deoxyribonucleic acid analysis and data bank.

§ 165.77. Deoxyribonucleic acid analysis and data bank.

165.77(1) (1) In this section: 165.77(1)(a) (a) “Health care professional” means a person who is licensed, certified, or registered under ch. 441 , 448 , or 455 ; a person who holds a compact privilege under subch. XI of ch. 448 ; or a person who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o) , in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b) . 165.77(1)(b) (b) “Law enforcement agency” means a governmental unit of one or more persons employed full time by the federal government, a state or a political subdivision of a state for the purpose of preventing and detecting crime and enforcing federal or state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. 165.77(1)(c) (c) “Wisconsin law enforcement agency” means a governmental unit of one or more persons employed full time by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. 165.77(2) (2) 165.77(2)(a) (a) 165.77(2)(a)1. 1. If the laboratories receive a human biological specimen pursuant to any of the following requests, the laboratories shall analyze the deoxyribonucleic acid in the specimen: 165.77(2)(a)1.a. a. A request from a law enforcement agency regarding an investigation. 165.77(2)(a)1.b. b. A request, pursuant to a court order, from a defense attorney regarding his or her client’s specimen. 165.77(2)(a)1.c. c. A request, subject to the department’s rules under sub. (8) , from an individual regarding his or her own specimen. 165.77(2)(a)2. 2. The laboratories may compare the data obtained from the specimen with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney, or subject of the data. The data may be used in criminal and delinquency actions and proceedings. The laboratories shall not include data obtained from deoxyribonucleic acid analysis of those specimens received under this paragraph in the data bank under sub. (3) . 165.77(2)(b) (b) Paragraph (a) does not apply to specimens received under s. 51.20 (13) (cr) ,