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LRB-3556/1
MLJ:kjf
2017 - 2018 LEGISLATURE
June 26, 2017 - Introduced by Representatives Sargent, Kolste, Berceau,
Anderson, Spreitzer, Fields, C. Taylor, Considine, Ohnstad, Vruwink and
Subeck, cosponsored by Senators Carpenter, Johnson and L. Taylor.
Referred to Joint Legislative Audit Committee.
AB404,1,2 1An Act relating to: directing an audit of the testing of sexual assault kits in
2Wisconsin.
Analysis by the Legislative Reference Bureau
This bill directs the Legislative Audit Bureau to conduct a study of the policies
and procedures of the Department of Justice related to the testing of sexual assault
evidence kits in Wisconsin as well as the financial status of DOJ's program for testing
sexual assault evidence kits.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB404,1 3Section 1. Nonstatutory provisions.
AB404,2,24 (1) Study of the department of justice process for testing of and
5expenditures related to sexual assault evidence kits.
By January 1, 2019, the
6legislative audit bureau shall review the policies and procedures of the department
7of justice regarding the testing of sexual assault evidence kits in Wisconsin and the
8financial status of the sexual assault evidence kit testing program within the

1department. The review shall identify all of the following with respect to the analysis
2of sexual assault evidence kits:
AB404,2,43 (a) The total number of sexual assault evidence kits that are currently untested
4and identify how that number has changed over time.
AB404,2,65 (b) The rate or frequency at which the department of justice receives new sexual
6assault evidence kits and from which jurisdictions they are received.
AB404,2,87 (c) The typical length of time that a sexual assault evidence kit remains
8untested.
AB404,2,129 (d) The state funding source the department of justice used to pay for sexual
10assault evidence kit testing prior to accepting any grants to pay for the testing of
11sexual assault evidence kits, and determine whether the grant funding has replaced
12or augmented the state funding.
AB404,2,1413 (e) The specific grant requirements that govern the processing and testing of
14sexual assault evidence kits.
AB404,2,1615 (f) Any written protocols the department of justice has developed for processing
16sexual assault evidence kits.
AB404,2,1917 (g) If the department of justice has a written protocol for processing sexual
18assault evidence kits, the sources outside the agency that were involved in the
19creation or review of the protocol.
AB404,2,2220 (h) If the department of justice has a written protocol for processing sexual
21assault evidence kits, the training the department has provided to its staff on the
22application of the protocol.
AB404,2,2523 (i) The specific vendors the department of justice has contracted to test sexual
24assault evidence kits, how the vendors were selected, and how the selection of
25vendors has changed over time.
AB404,3,2
1(j) The role state diagnostic laboratories can play in addressing the untested
2sexual assault evidence kits.
AB404,3,63 (k) The limitations that currently exist on the maximum number of sexual
4assault kits that can be tested each month and whether those limitations are the
5result of funding limitations, grant requirements, capacity at the vendors chosen by
6the department of justice to process the kits, or any other reason.
AB404,3,97 (L) How the department of justice has reported to grant providers on its
8progress in testing sexual assault evidence kits in the time since the department has
9accepted grant funding.
AB404,3,1310 (l) Any available best practices that the department of justice should follow for
11the testing of sexual assault evidence kits by assessing grant progress reports
12submitted by other states concerning their strategies for addressing untested sexual
13assault evidence kits.
AB404,3,1514 (m) Any alternative options for testing sexual assault evidence kits that would
15quickly reduce the number of untested sexual assault evidence kits.
AB404,3,1716 (n) Any alternative protocols that the department of justice should adopt to
17reduce the number of untested sexual assault evidence kits.
AB404,3,1818 (End)
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