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Citizenship of individuals arrested for and convicted of sexual assault
Under the bill, if a person under arrest for sexual assault is not a U.S. citizen
and is not authorized to be in the United States under federal law, the law
enforcement agency must notify U.S. Immigration and Customs Enforcement. In
addition, if a person convicted for sexual assault is not a U.S. citizen and is not
authorized to be in the United States under federal law, DOJ must notify U.S.
Immigration and Customs Enforcement.
Parental choice programs; exceptions for victims of sexual assault
Under the bill, a pupil who is a victim of sexual assault may attend a private
school participating in the Milwaukee Parental Choice Program, the Racine
Parental Choice Program, or the statewide parental choice program, regardless of
whether the pupil meets the standard eligibility requirements to participate in the
parental choice program. Additionally, the bill provides an alternative application
procedure that allows a pupil who is victim of sexual assault to begin attending a
private school under a parental choice program at any time during the school year.
For purposes of these provisions, a pupil is a victim of sexual assault if charges are
filed for the sexual assault and the person against whom the charges were filed is a
pupil or a school district employee.
Miscellaneous
Current law allows a health care provider who conducts an examination to
gather evidence regarding a sex offense to apply to DOJ for reimbursement of the
examination costs, which include tests for sexually transmitted diseases and
medications to prevent or treat a sexually transmitted disease. This bill adds the
following as costs that may be reimbursed: 1) if the health care provider believes that
pregnancy could be a consequence of the sex offense, the costs of a pregnancy test,
to be administered when a pregnancy may be detected and 2) a post-exposure
prophylaxis.
The bill also provides authority to a court to require a defendant who is
convicted of a crime in which a sexual assault kit was collected to pay the costs for
collection of the sexual assault kit and prohibits the sale of at-home sexual assault
evidence collection kits.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB844,1 1Section 1 . 50.378 (1m) of the statutes is created to read:
AB844,4,62 50.378 (1m) Notification of victim rights. A hospital that provides emergency
3services to a victim of sexual assault, human trafficking, or child sexual abuse shall
4inform the victim of his or her rights under ss. 950.04 (1v) (ag), (bm), (c), (d), and (em)
5and 950.043 orally and, using a form provided by the department of justice, in
6writing.
AB844,2 7Section 2 . 100.58 of the statutes is created to read:
AB844,4,9 8100.58 At-home sexual assault evidence collection kits. (1) In this
9section:
AB844,4,1210 (a) “At-home sexual assault evidence collection kit” means a kit that is
11intended for use by a person who is not a health care professional or employee of a
12law enforcement agency to collect forensic evidence regarding a sex offense.
AB844,4,1413 (b) “Health care professional” means a person licensed, certified, or registered
14under ch. 441, 448, or 455.
AB844,4,1515 (c) “Sex offense” has the meaning given in s. 949.20 (7).
AB844,4,17 16(2) No person may sell or offer for sale in this state an at-home sexual assault
17evidence collection kit.
AB844,3 18Section 3 . 118.60 (1) (f) of the statutes is created to read:
AB844,4,2019 118.60 (1) (f) “Sexual assault” means conduct that is in violation of s. 940.225,
20948.02, 948.025, 948.055, 948.06, 948.08, 948.085, 948.09 or 948.10.
AB844,4 21Section 4 . 118.60 (1) (h) of the statutes is created to read:
AB844,5,3
1118.60 (1) (h) “Victim" means an individual who is the victim of sexual assault
2if charges have been filed for the sexual assault and the individual against whom the
3charges are filed is a pupil or an employee of a school district.
AB844,5 4Section 5 . 118.60 (3g) of the statutes is created to read:
AB844,5,75 118.60 (3g) (a) 1. Notwithstanding sub. (2), a pupil in grades kindergarten to
612 who resides within an eligible school district and is a victim may attend a
7participating private school under this section.
AB844,5,108 2. Notwithstanding sub. (2), a pupil in grades kindergarten to 12 who resides
9in a school district, other than an eligible school district or a 1st class city school
10district, and is a victim may attend a participating private school under this section.
AB844,5,1411 (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.
AB844,5,2115 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.
AB844,5,2422 3. If an application is accepted by a participating private school under this
23paragraph, the pupil may immediately begin attending the participating private
24school.
AB844,6,3
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).
AB844,6 4Section 6 . 119.23 (1) (cf) of the statutes is created to read:
AB844,6,65 119.23 (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.
AB844,7 7Section 7 . 119.23 (1) (e) of the statutes is created to read:
AB844,6,108 119.23 (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.
AB844,8 11Section 8 . 119.23 (3g) of the statutes is created to read:
AB844,6,1412 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.
AB844,6,1715 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.
AB844,6,2118 (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.
AB844,7,322 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.
AB844,7,64 3. If an application is accepted by a participating private school under this
5paragraph, the pupil may immediately begin attending the participating private
6school.
AB844,9 7Section 9. 165.25 (20) of the statutes is created to read:
AB844,7,118 165.25 (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:
AB844,7,1212 (a) If the sexual assault kit is analyzed, the results of the analysis.
AB844,7,1513 (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.
AB844,7,1716 (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.
AB844,10 18Section 10. 165.77 (7) of the statutes is repealed.
AB844,11 19Section 11 . 165.775 of the statutes is created to read:
AB844,7,20 20165.775 Sexual assault kits. (1) In this section:
AB844,7,2121 (a) “Department” means the department of justice.
AB844,7,2222 (b) “Health care professional" has the meaning given in s. 154.01 (3).
AB844,7,2323 (c) “Sex offense” has the meaning given in s. 949.20 (7).
AB844,7,2524 (d) “Sexual assault forensic examination” means an examination performed by
25a health care professional to gather evidence regarding a sex offense.
AB844,8,2
1(e) “Sexual assault kit” means the evidence collected from a sexual assault
2forensic examination.
AB844,8,43 (f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1)
4(c).
AB844,8,7 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:
AB844,8,108 (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.
AB844,8,1511 (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.
AB844,8,17 16(3) If a Wisconsin law enforcement agency receives notification under sub. (2)
17(a), it shall do all of the following:
AB844,8,1918 (a) Take possession of the sexual assault kit from the health care professional
19within 48 hours after receiving the notification.
AB844,8,2320 (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.
AB844,9,524 (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.
AB844,9,7 6(4) If the state crime laboratories takes possession of a sexual assault kit, it
7shall do all of the following:
AB844,9,128 (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.
AB844,9,1713 (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.
AB844,9,22 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.
AB844,9,25 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:
AB844,10,83 (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.
AB844,10,129 (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.
AB844,10,13 13(7) The department shall promulgate rules to administer this section.
AB844,12 14Section 12 . 165.788 of the statutes is created to read:
AB844,10,16 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).
AB844,10,19 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.
AB844,13 20Section 13 . 165.845 (title) of the statutes is amended to read:
AB844,10,21 21165.845 (title) Collect crime and criminal justice data.
AB844,14 22Section 14 . 165.845 (1) (a) of the statutes is amended to read:
AB844,11,623 165.845 (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.
AB844,15 7Section 15 . 165.845 (1) (b) of the statutes is amended to read:
AB844,11,118 165.845 (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.
AB844,16 12Section 16 . 165.845 (1) (d) of the statutes is created to read:
AB844,11,1513 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.
AB844,17 16Section 17 . 165.845 (2) of the statutes is amended to read:
AB844,11,2317 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.
AB844,18 24Section 18. 165.847 of the statutes is created to read:
AB844,12,4
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:
AB844,12,5 5(1) The total number of sexual assault kits collected in Wisconsin.
AB844,12,6 6(2) The date that each sexual assault kit was collected.
AB844,12,8 7(3) The number of sexual assault kits submitted to the crime laboratories for
8analysis.
AB844,12,10 9(4) The date of submission of each sexual assault kit submitted to the crime
10laboratories.
AB844,12,12 11(5) The date of analysis of each sexual assault kit submitted to the crime
12laboratories.
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