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(b) 1. Notwithstanding sub. (3), the parent of a pupil under par. (a) who wishes
12to attend a participating private school under this section may, in lieu of applying
13under sub. (3), submit an application under this subsection, on a form provided by
14the department, at any time during the school year.
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2. If a participating private school receives an application under subd. 1. the
16participating private school shall notify the applicant, in writing, whether it has
17accepted the application no later than 60 days after receiving the application. A
18participating private school may reject an applicant under this paragraph only if the
19participating private school has reached its maximum general capacity or seating
20capacity. If a participating private school rejects an application, the participating
21private school shall include the reason in the written notice.
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3. If an application is accepted by a participating private school under this
23paragraph, the pupil may immediately begin attending the participating private
24school.
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1(c) The department may not count a pupil who attends a participating private
2school under this subsection for purposes of determining whether a school district
3has exceeded its pupil participation limit under sub. (2) (be).
SB809,6
4Section 6
. 119.23 (1) (cf) of the statutes is created to read:
SB809,6,65
119.23
(1) (cf) “Sexual assault” means conduct that is in violation of s. 940.225,
6948.02, 948.025, 948.055, 948.06, 948.08, 948.085, 948.09 or 948.10.
SB809,7
7Section 7
. 119.23 (1) (e) of the statutes is created to read:
SB809,6,108
119.23
(1) (e) “Victim" means an individual who is the victim of sexual assault
9if charges have been filed for the sexual assault and the individual against whom the
10charges are filed is a pupil or an employee of a school district.
SB809,8
11Section 8
. 119.23 (3g) of the statutes is created to read:
SB809,6,1412
119.23
(3g) (a) 1. Notwithstanding sub. (2), a pupil in grades kindergarten to
1312 who resides within the city and is a victim may attend a participating private
14school under this section.
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2. Notwithstanding sub. (2), a pupil in grades kindergarten to 12 who resides
16in a school district, other than an eligible school district or a 1st class city school
17district, and is a victim may attend a participating private school under this section.
SB809,6,2118
(b) 1. Notwithstanding sub. (3), the parent of a pupil under par. (a) who wishes
19to attend a participating private school under this section may, in lieu of applying
20under sub. (3), submit an application under this subsection, on a form provided by
21the department, at any time during the school year.
SB809,7,322
2. If a participating private school receives an application under subd. 1. the
23participating private school shall notify the applicant, in writing, whether it has
24accepted the application no later than 60 days after receiving the application. A
25participating private school may reject an applicant under this paragraph only if the
1participating private school has reached its maximum general capacity or seating
2capacity. If a participating private school rejects an application, the participating
3private school shall include the reason in the written notice.
SB809,7,64
3. If an application is accepted by a participating private school under this
5paragraph, the pupil may immediately begin attending the participating private
6school.
SB809,9
7Section
9. 165.25 (20) of the statutes is created to read:
SB809,7,118
165.25
(20) Sexual assault victim notice. On behalf of the state crime
9laboratories and law enforcement agencies, notify a sexual assault victim from whom
10a sexual assault kit, as defined in s. 165.775 (1) (e), was collected, of all of the
11following:
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(a) If the sexual assault kit is analyzed, the results of the analysis.
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(b) If the sexual assault kit is analyzed and analysis identifies a foreign
14deoxyribonucleic acid profile, the occurrence of any future sexual assault kit analysis
15that identifies a matching foreign deoxyribonucleic acid profile.
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(c) At least 60 days before the end of the storage period under s. 165.775 (4) (a)
17or (5), the date on which the person's sexual assault kit will be destroyed.
SB809,10
18Section
10. 165.77 (7) of the statutes is repealed.
SB809,11
19Section 11
. 165.775 of the statutes is created to read:
SB809,7,20
20165.775 Sexual assault kits.
(1) In this section:
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(a) “Department” means the department of justice.
SB809,7,2222
(b) “Health care professional" has the meaning given in s. 154.01 (3).
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(c) “Sex offense” has the meaning given in s. 949.20 (7).
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(d) “Sexual assault forensic examination” means an examination performed by
25a health care professional to gather evidence regarding a sex offense.
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1(e) “Sexual assault kit” means the evidence collected from a sexual assault
2forensic examination.
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(f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1)
4(c).
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5(2) Whenever a health care professional conducts a sexual assault forensic
6examination and collects a sexual assault kit, the health care professional shall do
7one of the following:
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(a) If the victim chooses to report the sexual assault to a Wisconsin law
9enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin
10law enforcement agency within 24 hours after collecting the sexual assault kit.
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(b) If the victim chooses not to report the sexual assault to a Wisconsin law
12enforcement agency, and reporting is not required under s. 48.981 (2), send the
13sexual assault kit to the state crime laboratories for storage in accordance with the
14procedures specified in the rules promulgated under sub. (7) no more than 2 business
15days after collecting the sexual assault kit.
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16(3) If a Wisconsin law enforcement agency receives notification under sub. (2)
17(a), it shall do all of the following:
SB809,8,1918
(a) Take possession of the sexual assault kit from the health care professional
19within 48 hours after receiving the notification.
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(b) Except as provided in par. (c), send the sexual assault kit to the state crime
21laboratories for processing in accordance with the procedures specified in the rules
22promulgated under sub. (7) no less than 48 hours and no more than 7 days after
23taking possession of the sexual assault kit.
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(c) If the Wisconsin law enforcement agency, after taking possession of the
25sexual assault kit under par. (a) but before sending the sexual assault kit under par.
1(b), receives notification from the victim that the victim does not want to proceed with
2the analysis of his or her sexual assault kit, send the sexual assault kit to the state
3crime laboratories for storage in accordance with the procedures specified in the
4rules promulgated under sub. (7) within 7 days after taking possession of the sexual
5assault kit.
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6(4) If the state crime laboratories takes possession of a sexual assault kit, it
7shall do all of the following:
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(a) If the victim chooses not to report the sexual assault to a Wisconsin law
9enforcement agency and thus has not consented to the analysis of his or her sexual
10assault kit, securely store the sexual assault kit for 50 years, during which time the
11sexual assault victim may choose to report the assault to a Wisconsin law
12enforcement agency.
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(b) If the victim chooses to report the sexual assault to a Wisconsin law
14enforcement agency and thus has consented to the analysis of his or her sexual
15assault kit, process the kit in accordance with the procedures specified in the rules
16promulgated under sub. (7) within 90 days after taking possession of the sexual
17assault kit.
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18(5) After the state crime laboratories have processed a sexual assault kit,
19notwithstanding s. 968.205, it shall securely store the sexual assault kit for 50 years,
20until the date of the expiration of the statute of limitations, or until the end of the
21term of imprisonment or probation of a person who was convicted in the sexual
22assault case, whichever is longest.
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23(6) The department shall establish a data bank, which shall be known as the
24Wisconsin Sexual Assault Kit Tracking System, for the purpose of providing victims
25of alleged or suspected sexual assault access to information about the status of any
1sexual assault kit the victim has provided. The data bank shall use electronic
2technologies to allow continuous, ongoing access to do all of the following:
SB809,10,83
(a) Allow health care professionals collecting sexual assault kits, forensic
4laboratories, law enforcement agencies, prosecutors, and the department to update
5and track the location and status of sexual assault kits throughout the criminal
6justice process, including the initial collection of evidence, receipt and storage at law
7enforcement agencies, receipt and analysis at forensic laboratories, and storage and
8any destruction after completion of analysis.
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(b) Allow a victim of sexual assault to anonymously track or receive updates
10regarding the location and status of the victim's sexual assault kit throughout the
11criminal justice process. Notwithstanding s. 165.79 (1), a victim may receive
12information and analyses of evidence obtained from the victim's sexual assault kit.
SB809,10,13
13(7) The department shall promulgate rules to administer this section.
SB809,12
14Section 12
. 165.788 of the statutes is created to read:
SB809,10,16
15165.788 Citizenship of individuals convicted of sexual assault. (1) In
16this section, “sexual assault” has the meaning given in s. 165.93 (1) (b).
SB809,10,19
17(2) If a person convicted of a sexual assault is not a U.S. citizen and is not
18authorized to be in the United States under federal law, the department shall notify
19U.S. immigration and customs enforcement.
SB809,13
20Section 13
. 165.845 (title) of the statutes is amended to read:
SB809,10,21
21165.845 (title)
Collect crime
and criminal justice data.
SB809,14
22Section 14
. 165.845 (1) (a) of the statutes is amended to read:
SB809,11,623
165.845
(1) (a) Collect information concerning the number and nature of
24offenses known to have been committed in this state
, concerning sexual assault kits,
25as defined in s. 165.775 (1) (e), collected in this state, and
concerning such other
1information as may be useful in the study of crime and the administration of justice.
2The department of justice may determine any other information to be obtained
3regarding crime
, evidence, and justice system
data or statistics. The information
4shall include data requested by
federal agencies under the U.S. department of
5justice, including but not limited to the federal bureau of investigation under its
6system of uniform crime reports for the United States.
SB809,15
7Section 15
. 165.845 (1) (b) of the statutes is amended to read:
SB809,11,118
165.845
(1) (b) Furnish all reporting officials with forms or instructions or both
9that specify the nature of the information required under par. (a), the time it is to be
10forwarded,
the process for submitting the information, the method of classifying and
11any other matters that facilitate collection and compilation.
SB809,16
12Section 16
. 165.845 (1) (d) of the statutes is created to read:
SB809,11,1513
165.845
(1) (d) Publish data at least annually on law enforcement agency
14compliance with the reporting requirement under par. (a) relating to sexual assault
15kits.
SB809,17
16Section 17
. 165.845 (2) of the statutes is amended to read:
SB809,11,2317
165.845
(2) All persons in charge of law enforcement agencies and other
18criminal and juvenile justice system agencies shall supply the department of justice
19with the information described in sub. (1) (a) on the basis of the forms or instructions
20or both to be supplied by the department under sub. (1)
(a) (b). The department may
21conduct an audit to determine the accuracy of the data and other information it
22receives from law enforcement agencies and other criminal and juvenile justice
23system agencies.
SB809,18
24Section
18. 165.847 of the statutes is created to read:
SB809,12,4
1165.847 Report on status of sexual assault kits. On an annual basis, using
2information collected under s. 165.845 (1) (a), the department of justice shall submit
3to the legislature for distribution under s. 13.172 (2) a report that includes all of the
4following information for that year:
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5(1) The total number of sexual assault kits collected in Wisconsin.
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6(2) The date that each sexual assault kit was collected.
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7(3) The number of sexual assault kits submitted to the crime laboratories for
8analysis.
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9(4) The date of submission of each sexual assault kit submitted to the crime
10laboratories.
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11(5) The date of analysis of each sexual assault kit submitted to the crime
12laboratories.
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13(6) The number of sexual assault kits that were submitted to the crime
14laboratories for analysis that have not yet been analyzed.
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15(7) For each unanalyzed sexual assault kit, the reason the kit has not been
16analyzed.
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17(8) The number of sexual assault kits that identified a foreign deoxyribonucleic
18acid profile, the number of such profiles uploaded into the combined deoxyribonucleic
19acid index system, and the number of such profiles that match a profile in the system.
SB809,12,20
20(9) The number of sexual assault kits associated with further investigations.
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21(10) The number of criminal cases filed, the number of such active cases, and
22the number of such cases with dispositions resulting from the analysis of sexual
23assault kits.
SB809,13,3
1(11) Any recommendations for statutory changes necessary to ensure that
2department practices regarding sexual assault kits conform with changes in
3technology and scientific best practices.
SB809,19
4Section 19
. 175.405 of the statutes is repealed.
SB809,20
5Section 20
. 175.408 of the statutes is created to read:
SB809,13,7
6175.408 Citizenship of individuals arrested for sexual assault. (1) In
7this section:
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(a) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b).
SB809,13,99
(b) “Sexual assault” has the meaning given in s. 165.93 (1) (b).
SB809,13,12
10(2) If a person arrested for a sexual assault is not a U.S. citizen and is not
11authorized to be in the United States under federal law, the law enforcement agency
12shall notify U.S. immigration and customs enforcement.
SB809,21
13Section 21
. 895.537 of the statutes is created to read:
SB809,13,15
14895.537 Liability exemption; sexual assault evidence collection. (1) In
15this section:
SB809,13,1616
(a) “Health care professional” has the meaning given in s. 154.01 (3).
SB809,13,1817
(b) “Sexual assault forensic examination” has the meaning given in s. 165.775
18(1) (d).
SB809,13,22
19(2) Any health care professional conducting a sexual assault forensic
20examination pursuant to informed consent or a court order is immune from any civil
21or criminal liability for the act, except for civil liability for negligence in the
22performance of the act.
SB809,13,25
23(3) Any employer of the person under sub. (2) or any health care facility where
24the sexual assault forensic examination is conducted by that person has the same
25immunity from liability under sub (2).
SB809,22
1Section
22. 949.20 (3) of the statutes is amended to read:
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949.20
(3) “Examination costs" means the costs of an examination that is done
3to gather evidence regarding a sex offense
,; any procedure during that examination
4process that tests for or prevents a sexually transmitted disease
, and; any medication
5provided or prescribed, during that examination process, that prevents or treats a
6sexually transmitted disease that the person performing the examination or
7procedure believes could be a consequence of the sex offense
, including
8post-exposure prophylaxis; and a pregnancy test, to be administered at a time when
9a pregnancy could be detected, if the person performing the examination or
10procedure believes that pregnancy could be a consequence of the sex offense.
11“Examination costs" does not include any processing or administrative costs,
12attorney fees, or other expenses.
SB809,23
13Section 23
. 949.23 of the statutes is created to read:
SB809,14,15
14949.23 Victims rights. A health care provider conducting an examination to
15gather evidence regarding a sex offense shall do all of the following:
SB809,14,18
16(1) Inform the victim, orally and, using a form provided by the department of
17justice, in writing, of his or her rights under ss. 950.04 (1v) (ag), (bm), (c), (d), and (em)
18and 950.043.
SB809,14,20
19(2) If facilities are available, provide to the victim an opportunity to bathe
20immediately following the examination.
SB809,24
21Section 24
. 950.02 (3t) of the statutes is created to read:
SB809,14,2522
950.02
(3t) “Sexual assault victim” means an individual against whom a crime
23has been committed under s. 940.22, 940.225 (1) to (3m), 948.02 (1) or (2), 948.025,
24948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.08, 948.085, 948.095, 948.10,
25948.11 (2) (a) or (am), or 948.12, or s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.