Chapter 165, DEPARTMENT OF JUSTICE

165.015 Duties. The attorney general shall: (1) GIVE OPINION TO OFFICERS. Give his or her opinion in writing, when required, without fee, upon all questions of law submitted to him or her by the legislature, either house thereof or the senate or assembly committee on organization…

165.017 Review of certain detentions or petitions for commitment. (2) The attorney general or his or her designee shall review and approve or disapprove all proposed petitions for commitment of individuals as specified under s. 51.20 (1) (ad) 1. (4) Subsection (2) does not apply …

165.02 Federal appropriations adjustments. (1) In this section, “the schedule” means the schedule under s. 20.005 (3) as published in the biennial budget act for the first fiscal year of a fiscal biennium and as approved by the joint committee on finance under s. 20.004 (2) for t…

165.055 Appointments. (1) The attorney general may appoint a deputy attorney general and assistants each of whom shall be an attorney at law admitted to practice in this state. Such appointments shall be made in writing and filed in the office of the secretary of state, and such …

165.065 Assistant attorneys general; antitrust. (1) At least one assistant attorney general shall be assigned to the investigation and prosecution of violations arising under ch. 133 and shall carry out the duties imposed on the attorney general by ch. 133. All apparent violation…

165.066 Assistant attorney general; unemployment insurance law enforcement. The attorney general shall assign at least 0.5 assistant attorney general position to assist in the investigation and prosecution of noncompliance with ch. 108. History: 2005 a. 86.

165.08 Power to compromise. (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be comp…

165.09 Removal of barriers to trade or movement of dairy products. The attorney general may take such action as he or she deems necessary in order to contest or oppose existing statutes, ordinances, regulations, orders or other trade barriers which may restrict the sale in other …

165.10 Deposit of settlement funds. The attorney general shall deposit all settlement funds into the general fund. History: 2017 a. 59, 369. A plain reading of ss. 20.906 (1) and 25.20 establishes that, because the legislature has not “specifically designated” in this section any…

165.12 Opioid settlement. (1) DEFINITION. In this section, “opiate litigation” means the proceedings titled In re: National Prescription Opiate Litigation, Case No.: MDL 2804 and any proceeding filed in a circuit court in this state containing allegations and seeking relief that …

165.25 Duties of department of justice. The department of justice shall: (1) REPRESENT STATE IN APPEALS AND ON REMAND. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or crimin…

165.255 Representation in sexually violent person commitment proceedings. The department of justice may, at the request of an agency under s. 980.02 (1), represent the state in sexually violent person commitment proceedings under ch. 980. History: 1993 a. 479.

165.26 Department of justice may have cases printed. In all state cases to be argued in the supreme court by the department of justice, the department may require the printing by the state printer, when necessary, of the briefs and appendices of the department; and the account th…

165.28 Office of school safety. The office of school safety shall do all of the following: (1) In conjunction with the department of public instruction, create model practices for school safety. The department of public instruction shall provide any resources or staff requested b…

165.29 Human trafficking council. (1) The human trafficking council shall do all of the following: (a) Compile and maintain an inventory of human trafficking prevention programs and services in this state and develop, maintain, and keep current an online database to share informa…

165.30 Collection of delinquent obligations. (1) DEFINITIONS. In this section: (a) “Departments” has the meaning given in s. 16.002 (2). (b) “Obligation” includes any amount payable to the state, including accounts, charges, claims, debts, fees, fines, forfeitures, interest, judg…

165.40 Acquisition of hospitals. (1) DEFINITIONS. In this section: (a) “Acquisition” means the long-term leasing of a hospital or a system of hospitals, or the acquiring by a person of an ownership or controlling interest in a hospital or a system of hospitals that results in one…

165.50 Criminal investigation. (1) The department of justice shall perform the following criminal investigatory functions for the state: (a) Investigate crime that is statewide in nature, importance or influence. (b) Conduct arson investigations. (2) Special criminal investigatio…

165.503 Internet crimes against children public awareness campaign. (1) The department of justice shall conduct a children’s online digital safety awareness campaign with the goal of raising awareness of the potential dangers of Internet use by children and distributing informati…

165.505 Internet crimes against children and human trafficking; administrative subpoena. (1) In this section: (ag) “Hotel” has the meaning given in s. 97.01 (7). (am) “Human trafficking crime” means the commission of, or the solicitation, conspiracy, or attempt to commit, a viola…

165.51 State fire marshal. The attorney general shall designate an employee as the state fire marshal. History: 1977 c. 260; 1985 a. 29.

165.55 Arson investigation. (1) The chief of the fire department or company of every city, village and town in which a fire department or company exists, and where no fire department or company exists, the city mayor, village president or town clerk shall investigate or cause to …

165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (2m), and (8), 175.60 (17) (e), 944.30 (1m), 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), 945.04 (1m), and 948.081 and ch. 108 and, with respect to a false statement submitted or made …

165.63 Access to firearm prohibition orders. (1) DEFINITION. In this section, “department” means the department of justice. (2) DEPARTMENT TO PROVIDE INFORMATION UPON REQUEST. Upon a request under sub. (3), (4), or (5), the department shall provide to the person making the reques…

165.65 Drug disposal program. (1) DEFINITIONS. In this section: (a) “Authorized under federal law” means permitted under 21 USC 801 to 971 or 21 CFR 1300 to 1321. (am) “Controlled substance” has the meaning given in s. 961.01 (4). (b) “Controlled substance analog” has the meaning…

165.68 Address confidentiality program. (1) DEFINITIONS. In this section: (a) “Abuse” means an act or threat of any of the following: 1. Child abuse under ss. 813.122 (1) (a) or 948.02 to 948.11. 2. Domestic abuse, as defined in s. 813.12 (1) (am). 3. Sexual abuse, as defined in …

165.70 Investigation of statewide crime. (1) The department of justice shall do all of the following: (a) Investigate crime that is statewide in nature, importance or influence. (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss. 940.62 (2) (a), 941.25, 941.26, …

165.71 Human trafficking resource center hotline poster. (1) The department of justice shall design a poster, or obtain a predesigned poster, that provides information regarding a human trafficking resource center hotline. The department shall ensure that the size of poster makes…

165.72 Controlled substances hotline and rewards for controlled substances tips. (1) DEFINITIONS. In this section: (aj) “Department” means the department of justice. (b) “Jail officer” has the meaning given in s. 165.85 (2) (bn). (bt) “Juvenile detention officer” has the meaning …

165.75 Crime laboratories. (1) In this section and ss. 165.77 to 165.81: (a) “Department” means the department of justice. (b) “Employee” means any person in the service of the laboratories. (c) “Laboratories” means the crime laboratories. (2) The personnel of the laboratories sh…

165.755 Crime laboratories and drug law enforcement surcharge. (1) (a) Except as provided in par. (b), a court shall impose under ch. 814 a crime laboratories and drug law enforcement surcharge of $13 if the court imposes a sentence, places a person on probation, or imposes a for…

165.76 Submission of human biological specimen. (1) A person shall provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis if he or she meets any of the following criteria: (a) Is or was in a juvenile correctional facility, as defined in s…

165.765 Biological specimen; force and immunity. (1g) In this section: (a) “Correctional officer” has the meaning given in s. 301.28 (1). (b) “Jail officer” has the meaning given in s. 165.85 (2) (bn). (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c). (d) …

165.77 Deoxyribonucleic acid analysis and data bank. (1) In this section: (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 exer…

165.775 Sexual assault kits. (1) In this section: (a) “Department” means the department of justice. (b) “Health care professional” has the meaning given in s. 154.01 (3). (c) “Sex offense” has the meaning given in s. 949.20 (7). (d) “Sexual assault forensic examination” means an …

165.776 Sexual assault kit tracking system. (1) In this section: (a) “Health care professional” has the meaning given in s. 154.01 (3). (b) “Law enforcement agency” means a governmental unit of one or more persons employed full-time by the federal government, a state, or a politi…

165.78 Information center; training activities. (1) The department shall act as a center for the clearance of information between law enforcement officers. In furtherance of this purpose it shall issue bulletins by mail or its telecommunication system. The department shall at all…

165.785 Crime alert network. (1) (a) In addition to its duties under ss. 165.50 and 165.78, the department shall develop, administer, and maintain an integrated crime alert network. (b) 1. The department may use the network under par. (a) to provide information regarding known or…

165.79 Evidence privileged. (1) Evidence, information and analyses of evidence obtained from law enforcement officers by the laboratories is privileged and not available to persons other than law enforcement officers nor is the defendant entitled to an inspection of information a…

165.80 Cooperation with other state departments. For the purpose of coordinating the work of the crime laboratories with the research departments located in the University of Wisconsin, the attorney general and the University of Wisconsin may agree for the use of university labor…

165.81 Disposal of evidence. (1) Whenever the department is informed by the submitting officer or agency that physical evidence in the possession of the laboratories is no longer needed the department may, except as provided in sub. (3) or unless otherwise provided by law, destro…

165.82 Criminal history search fee. (1) Notwithstanding s. 19.35 (3), the department of justice shall impose the following fees, plus any surcharge required under sub. (1m), for criminal history searches for purposes unrelated to criminal justice or to s. 175.35, 175.49, or 175.6…

165.825 Information link. The department of justice shall cooperate with the departments of safety and professional services, health services, and financial institutions in developing and maintaining a computer linkup to provide access to the information obtained from a criminal …

165.827 Transaction information for the management of enforcement system; fees. The department of justice shall administer a transaction information for the management of enforcement system to provide access to information concerning law enforcement. The department of justice may…

165.8285 Transaction information for management of enforcement system; department of corrections records. (1) The department of justice shall, through the transaction information for management of enforcement system, provide local law enforcement agencies with access to the regis…

165.8287 Transaction information for management of enforcement system; department of transportation photographs. (1) In this section: (a) “Administration of criminal justice” has the meaning given in 28 CFR 20.3 (b). (b) “Federal law enforcement agency” has the meaning given in s…

165.83 Criminal identification, records and statistics. (1) DEFINITIONS. As used in this section and s. 165.84: (b) “Law enforcement agency” means a governmental unit of one or more persons employed full time by the state or a political subdivision of the state for the purpose of…

165.84 Cooperation in criminal identification, records and statistics. (1) All persons in charge of law enforcement and tribal law enforcement agencies shall obtain, or cause to be obtained, the fingerprints in duplicate, according to the fingerprint system of identification esta…

165.845 Collection and reporting of crime and criminal justice data. (1g) In this section: (a) “Great bodily harm” has the meaning given in s. 939.22 (14). (m) “Use-of-force incident” means any of the following: 1. Any incident involving the discharge of a firearm by a law enforc…

165.85 Law enforcement standards board. (1) FINDINGS AND POLICY. The legislature finds that the administration of criminal justice is of statewide concern, and that law enforcement work is of vital importance to the health, safety, and welfare of the people of this state and is o…