Section 901.05. Admissibility of certain test results.  


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  • (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.