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LRB-0792/1
MLJ:amn
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 Committee on Criminal Justice and Public Safety.
AB408,1,4 1An Act to renumber 950.03 and 950.04 (1v) (dL); to amend 50.375 (2) (b)
2(intro.), 175.405 (title), 175.405 (2) and 968.205 (3) (intro.); and to create
350.375 (2) (b) 4., 50.378 (1m), 950.02 (3t), 950.03 (2) and 950.043 of the statutes;
4relating to: creating a sexual assault victim bill of rights.
Analysis by the Legislative Reference Bureau
This bill creates a sexual assault victim bill of rights. In addition to the rights
extended to crime victims under Wisconsin's basic bill of rights for victims and
witnesses, this bill adds the following rights for victims of sexual assault, regardless
of whether or not they choose to cooperate with a law enforcement agency: the right
to be provided with accurate written information about his or her rights as a sexual
assault victim; the right to be advised about and provided with emergency
contraception and testing for sexually transmitted diseases; the right to choose
whether or not to undergo a sexual assault nurse examination; the right to choose
whether or not to cooperate with a law enforcement agency; the right for any
examination evidence to be transported to a state crime lab within 30 days; the right
to have any examination evidence stored for 15 years or until the end of the prison
term of the person convicted of the assault against him or her; and the right to not

be investigated or prosecuted for a misdemeanor or controlled substances violation
based on any evidence obtained in a sexual assault nurse examination.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB408,1 1Section 1. 50.375 (2) (b) (intro.) of the statutes is amended to read:
AB408,2,32 50.375 (2) (b) (intro.) Orally inform Inform the victim orally and in writing of
3all of the following:
AB408,2 4Section 2. 50.375 (2) (b) 4. of the statutes is created to read:
AB408,2,55 50.375 (2) (b) 4. All of her rights under ch. 950.
AB408,3 6Section 3. 50.378 (1m) of the statutes is created to read:
AB408,2,97 50.378 (1m) Notification of victim rights. A hospital that provides emergency
8services to a victim shall inform the victim of all of his or her rights under ch. 950
9orally and in writing.
AB408,4 10Section 4. 175.405 (title) of the statutes is amended to read:
AB408,2,12 11175.405 (title) Sexual assault ; evidence where no suspect has been
12identified
.
AB408,5 13Section 5. 175.405 (2) of the statutes is amended to read:
AB408,2,2014 175.405 (2) Whenever a Wisconsin law enforcement agency collects, in a case
15of alleged or suspected sexual assault, evidence upon which deoxyribonucleic acid
16analysis can be performed, and the person who committed the alleged or suspected
17sexual assault has not been identified,
the agency shall follow the procedures
18specified in s. 165.77 (8) and shall, in a timely manner within 30 days, submit the
19evidence it collects to a crime laboratory, as identified in s. 165.75 , for storage or
20testing or both
.
AB408,6 21Section 6. 950.02 (3t) of the statutes is created to read:
AB408,3,4
1950.02 (3t) “Sexual assault victim” means a person against whom a crime has
2been committed under s. 940.22, 940.225 (1) to (3m), 948.02 (1) or (2), 948.025,
3948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.08, 948.085, 948.095, 948.10,
4948.11 (2) (a) or (am), or 948.12, or s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
AB408,7 5Section 7. 950.03 of the statutes is renumbered 950.03 (1).
AB408,8 6Section 8. 950.03 (2) of the statutes is created to read:
AB408,3,117 950.03 (2) Notwithstanding sub. (1), a sexual assault victim has the rights and
8is eligible for the services under this chapter regardless of whether the crime has
9been reported to law enforcement authorities. A victim of sexual assault is under no
10obligation to seek medical attention, to have a sexual assault nurse examination
11administered, or to report the sexual assault to law enforcement authorities.
AB408,9 12Section 9. 950.04 (1v) (dL) of the statutes is renumbered 950.043 (10).
AB408,10 13Section 10. 950.043 of the statutes is created to read:
AB408,3,16 14950.043 Bill of rights for victims of sexual assault. In addition to the
15rights of victims under ss. 950.04 and 950.045, sexual assault victims have all of the
16following rights:
AB408,3,17 17(1) To receive a sexual assault nurse examination at no charge.
AB408,3,20 18(2) To receive oral and written information about his or her rights as a sexual
19assault victim at the time he or she seeks medical care following a sexual assault, as
20provided under ss. 50.375 (2) and 50.378 (1m).
AB408,3,21 21(3) To receive emergency contraception under s. 50.375.
AB408,3,23 22(4) To receive or decline to receive a medical forensic examination performed
23by a department-certified sexual assault nurse.
AB408,3,24 24(5) To report or decline to report the sexual assault to a law enforcement agency.
AB408,4,3
1(6) To have any evidence collected in a medical forensic examination
2transported to the state crime laboratories for storage or testing or both within 30
3days of the examination, as provided under s. 175.405.
AB408,4,7 4(7) If the victim chooses not to cooperate with a law enforcement agency, as
5defined in s. 949.20 (1), to have all evidence collected in a medical forensic
6examination stored for a period of 15 years, during which time the sexual assault
7victim may choose to report the assault to a law enforcement agency.
AB408,4,12 8(8) If the victim chooses to cooperate with a law enforcement agency, as defined
9in s. 949.20 (1), and no conviction results from the medical forensic examination,
10state crime laboratory testing, and subsequent law enforcement agency
11investigation, to have all evidence collected in the medical forensic examination
12stored for a period of 15 years.
AB408,4,18 13(9) If the victim chooses to cooperate with a law enforcement agency, as defined
14in s. 949.20 (1), and a conviction results from the medical forensic examination, state
15crime laboratory testing, and subsequent law enforcement agency investigation, to
16have all evidence collected in the medical forensic examination stored until the end
17of the term of imprisonment or probation of the person who was convicted of the
18sexual assault.
AB408,4,21 19(11) To not have any evidence acquired from a sexual assault nurse
20examination, including the results of a toxicology report, used to prosecute the victim
21for any misdemeanor crimes or any crime defined under ch. 961.
AB408,4,24 22(12) To not have any evidence acquired from a sexual assault nurse
23examination, including the results of a toxicology report, used as a basis to search
24for further evidence of any unrelated misdemeanor crimes or any violation of ch. 961.
AB408,11 25Section 11. 968.205 (3) (intro.) of the statutes is amended to read:
AB408,5,4
1968.205 (3) (intro.) Subject Except in sexual assault cases, subject to sub. (5),
2a law enforcement agency may destroy evidence that includes biological material
3before the expiration of the time period specified in sub. (2) if all of the following
4apply:
AB408,5,55 (End)
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