Wisconsin § 165.765 Biological specimen; force and immunity.

Wisconsin Statutes

§ 165.765 — Biological specimen; force and immunity.

Wisconsin § 165.765

Ch. 165Department of justice

This text of Wisconsin § 165.765 (Biological specimen; force and immunity.) is published on Counsel Stack Legal Research, covering Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wis. Stat. § 165.765 (2026).

Text

765
765(1g) (1g) In this section:
765(1g)(a) (a) “Correctional officer” has the meaning given in s. 301.28 (1) .
765(1g)(b) (b) “Jail officer” has the meaning given in s. 165.85 (2) (bn) .
765(1g)(c) (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c) .
765(1g)(d) (d) “Tribal officer” has the meaning given in s. 165.85 (2) (g) .
765(1m) (1m) A law enforcement officer; a jail officer; a tribal officer; a correctional officer; a probation, extended supervision, or parole officer; or an employee of the department of health services may use reasonable force to obtain a biological specimen from a person who intentionally refuses to provide a biological specimen that is required under s. 165.76 (1) , 165.84 (7) , 938.21 (1m) , 938.30 (2m) , 938.34

Free access — add to your briefcase to read the full text and ask questions with AI

165.765
165.765(1g) (1g) In this section:
165.765(1g)(a) (a) “Correctional officer” has the meaning given in s. 301.28 (1) .
165.765(1g)(b) (b) “Jail officer” has the meaning given in s. 165.85 (2) (bn) .
165.765(1g)(c) (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c) .
165.765(1g)(d) (d) “Tribal officer” has the meaning given in s. 165.85 (2) (g) .
165.765(1m) (1m) A law enforcement officer; a jail officer; a tribal officer; a correctional officer; a probation, extended supervision, or parole officer; or an employee of the department of health services may use reasonable force to obtain a biological specimen from a person who intentionally refuses to provide a biological specimen that is required under s. 165.76 (1) , 165.84 (7) , 938.21 (1m) , 938.30 (2m) , 938.34 (15) , or 970.02 (8) .
165.765(2) (2)
165.765(2)(a) (a)
165.765(2)(a)1. 1. Any physician, registered nurse, medical technologist, physician assistant, or person acting under the direction of a physician who obtains a biological specimen under s. 51.20 (13) (cr) , 165.76 , 165.84 (7) , 938.21 (1m) , 938.30 (2m) , 938.34 (15) , 970.02 (8) , 971.17 (1m) (a) , 973.047 , or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
165.765(2)(a)2. 2. Any employer of the physician, nurse, technologist, assistant, or person under subd. 1. or any hospital where blood is withdrawn by that physician, nurse, technologist, assistant, or person is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
165.765(2)(bm) (bm) A law enforcement officer; a jail officer; a tribal officer; a correctional officer; a probation, extended supervision, or parole officer; or an employee of the department of health services, who is authorized to collect biological specimens, is immune from civil or criminal liability for collecting a biological specimen if the collection is in compliance with sub. (1m) and s. 165.76 and performed in good faith and in a reasonable manner.