Section 901.05. Admissibility of certain test results.
Latest version.
- (1) In this section, “HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.(2) Except as provided in sub. (3) , the results of an HIV test, as defined in s. 252.01 (2m) , are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding, as evidence of a person's character or a trait of his or her character for the purpose of proving that he or she acted in conformity with that character on a particular occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless the following procedures are used:(a) The court may determine the admissibility of evidence under this section only upon a pretrial motion.(b) Evidence which is admissible under this section must be determined by the court upon pretrial motion to be material to a fact at issue in the case and of sufficient probative value to outweigh its inflammatory and prejudicial nature before it may be introduced at trial.(3) The results of a test or tests under s. 938.296 (4) or (5) or 968.38 (4) or (5) and the fact that a person has been ordered to submit to such a test or tests under s. 938.296 (4) or (5) or 968.38 (4) or (5) are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding.
1987 a. 70
;
1989 a. 201
ss.
34
,
36
;
1991 a. 269
;
1993 a. 32
;
1995 a. 77
;
1999 a. 188
;
2009 a. 209
.