LRBs0282/1
MLJ:kjf&amn
2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 809
February 17, 2020 - Offered by Senator Jacque.
SB809-SSA1,1,9
1An Act to repeal 165.77 (7) and 175.405;
to renumber 950.03 and 950.04 (1v)
2(dL);
to amend 165.845 (title), 165.845 (1) (a), 165.845 (1) (b), 165.845 (2),
3949.20 (3) and 968.205 (3) (intro.); and
to create 50.378 (1m), 100.58, 165.25
4(20), 165.775, 165.776, 165.845 (1) (d), 165.847, 895.537, 949.23, 950.02 (3t),
5950.03 (2), 950.043 and 973.06 (1) (i) of the statutes;
relating to: creating a
6sexual assault victim bill of rights; collection and reporting of data regarding
7sexual assault kits; storage and processing of sexual assault kits; tracking of
8sexual assault kits in sexual assault cases; and requiring the exercise of
9rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB809-SSA1,1
10Section 1
. 50.378 (1m) of the statutes is created to read:
SB809-SSA1,2,311
50.378
(1m) Notification of victim rights. A hospital that provides emergency
12services to a victim of sexual assault, human trafficking, or child sexual abuse shall
1inform the victim of his or her rights under ss. 950.04 (1v) (ag), (bm), (c), (d), and (em)
2and 950.043 orally and, using a form provided by the department of justice, in
3writing.
SB809-SSA1,2
4Section 2
. 100.58 of the statutes is created to read:
SB809-SSA1,2,6
5100.58 At-home sexual assault evidence collection kits. (1) In this
6section:
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(a) “At-home sexual assault evidence collection kit” means a kit that is
8intended for use by a person who is not a health care professional or employee of a
9law enforcement agency to collect forensic evidence regarding a sex offense.
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(b) “Health care professional” means a person licensed, certified, or registered
11under ch. 441, 448, or 455.
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(c) “Sex offense” has the meaning given in s. 949.20 (7).
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13(2) No person may sell or offer for sale in this state an at-home sexual assault
14evidence collection kit.
SB809-SSA1,3
15Section
3. 165.25 (20) of the statutes is created to read:
SB809-SSA1,2,1816
165.25
(20) Sexual assault victim notice. Ensure that law enforcement
17agencies notify a sexual assault victim from whom a sexual assault kit, as defined
18in s. 165.775 (1) (e), was collected, of all of the following:
SB809-SSA1,2,1919
(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
21deoxyribonucleic acid profile, the occurrence of any future sexual assault kit analysis
22that identifies a matching foreign deoxyribonucleic acid profile.
SB809-SSA1,2,2423
(c) At least 60 days before the end of the storage period under s. 165.775 (5),
24the date on which the person's sexual assault kit will be destroyed.
SB809-SSA1,4
25Section
4. 165.77 (7) of the statutes is repealed.
SB809-SSA1,5
1Section
5. 165.775 of the statutes is created to read:
SB809-SSA1,3,2
2165.775 Sexual assault kits.
(1) In this section:
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(a) “Department” means the department of justice.
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(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
7a health care professional to gather evidence regarding a sex offense.
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(e) “Sexual assault kit” means the evidence collected from a sexual assault
9forensic examination.
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(f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1)
11(c).
SB809-SSA1,3,14
12(2) Whenever a health care professional conducts a sexual assault forensic
13examination and collects a sexual assault kit, the health care professional shall do
14one of the following:
SB809-SSA1,3,1715
(a) If the victim chooses to report the sexual assault to a Wisconsin law
16enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin
17law enforcement agency within 24 hours after collecting the sexual assault kit.
SB809-SSA1,3,2218
(b) If the victim chooses not to report the sexual assault to a Wisconsin law
19enforcement agency, and reporting is not required under s. 48.981 (2), send the
20sexual assault kit to the state crime laboratories for storage in accordance with the
21procedures specified in the rules promulgated under sub. (7) no more than 2 business
22days after collecting the sexual assault kit.
SB809-SSA1,3,24
23(3) If a Wisconsin law enforcement agency receives notification under sub. (2)
24(a), it shall do all of the following:
SB809-SSA1,4,2
1(a) Take possession of the sexual assault kit from the health care professional
2within 72 hours after receiving the notification.
SB809-SSA1,4,63
(b) Except as provided in par. (c), send the sexual assault kit to the state crime
4laboratories for processing in accordance with the procedures specified in the rules
5promulgated under sub. (7) within 14 days after taking possession of the sexual
6assault kit.
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(c) If the Wisconsin law enforcement agency, after taking possession of the
8sexual assault kit under par. (a) but before sending the sexual assault kit under par.
9(b), receives notification from the victim that the victim does not want to proceed with
10the analysis of his or her sexual assault kit, send the sexual assault kit to the state
11crime laboratories for storage in accordance with the procedures specified in the
12rules promulgated under sub. (7) within 14 days after taking possession of the sexual
13assault kit.
SB809-SSA1,4,15
14(4) If the state crime laboratories takes possession of a sexual assault kit, it
15shall do all of the following:
SB809-SSA1,4,2016
(a) If the victim chooses not to report the sexual assault to a Wisconsin law
17enforcement agency and thus has not consented to the analysis of his or her sexual
18assault kit, securely store the sexual assault kit for 50 years, during which time the
19sexual assault victim may choose to report the assault to a Wisconsin law
20enforcement agency.
SB809-SSA1,4,2521
(b) If the victim chooses to report the sexual assault to a Wisconsin law
22enforcement agency and thus has consented to the analysis of his or her sexual
23assault kit, process the kit in accordance with the procedures specified in the rules
24promulgated under sub. (7) within 90 days after taking possession of the sexual
25assault kit.
SB809-SSA1,5,6
1(5) If a law enforcement agency takes possession of a sexual assault kit after
2it has been processed by the state crime laboratories, notwithstanding s. 968.205, it
3shall securely store the sexual assault kit for a period of 50 years, until the date of
4the expiration of the statute of limitations, or until the end of the term of
5imprisonment or probation of a person who was convicted in the sexual assault case,
6whichever is longest.
SB809-SSA1,5,11
7(6) (a) The department shall establish a database, which shall be known as the
8Wisconsin Sexual Assault Kit Tracking System, for the purpose of providing victims
9of sexual assault access to information about the status of any sexual assault kit the
10victim has provided. The database shall use electronic technologies to allow
11continuous, ongoing access to do all of the following:
SB809-SSA1,5,1612
1. Allow health care professionals collecting sexual assault kits, forensic
13laboratories, law enforcement agencies, prosecutors, and the department to update
14and track the location and status of sexual assault kits, including the initial
15collection of evidence, receipt and storage at law enforcement agencies, receipt and
16analysis at forensic laboratories, and destruction.
SB809-SSA1,5,1917
2. Allow a victim of sexual assault to anonymously track the location and status
18of the victim's sexual assault kit. Notwithstanding s. 165.79 (1), a victim may receive
19information relating to the location and status of the victim's sexual assault kit.
SB809-SSA1,5,2320
(b) Whenever a Wisconsin law enforcement agency or a health care professional
21collects evidence in a case of sexual assault, the agency or professional shall enter
22the information required in the department's rules under sub. (7) into the Wisconsin
23Sexual Assault Kit Tracking System.
SB809-SSA1,6,224
(c) Whenever the crime laboratories perform deoxyribonucleic acid analysis of
25a sexual assault kit, the crime laboratories shall enter the information required in
1the department's rules under sub. (7) into the Wisconsin Sexual Assault Kit Tracking
2System.
SB809-SSA1,6,3
3(7) The department shall promulgate rules to administer this section.
SB809-SSA1,6
4Section
6. 165.776 of the statutes is created to read:
SB809-SSA1,6,8
5165.776 Sexual assault victim notification. The state crime laboratories
6shall notify a sexual assault victim from whom a sexual assault kit, as defined in s.
7165.775 (1) (e), was collected at least 60 days before the end of the storage period
8under s. 165.775 (4) (a).
SB809-SSA1,7
9Section 7
. 165.845 (title) of the statutes is amended to read:
SB809-SSA1,6,10
10165.845 (title)
Collect crime
and criminal justice data.
SB809-SSA1,8
11Section 8
. 165.845 (1) (a) of the statutes is amended to read:
SB809-SSA1,6,2012
165.845
(1) (a) Collect information concerning the number and nature of
13offenses known to have been committed in this state
, concerning sexual assault kits,
14as defined in s. 165.775 (1) (e), collected in this state, and
concerning such other
15information as may be useful in the study of crime and the administration of justice.
16The department of justice may determine any other information to be obtained
17regarding crime
, evidence, and justice system
data or statistics. The information
18shall include data requested by
federal agencies under the U.S. department of
19justice, including but not limited to the federal bureau of investigation under its
20system of uniform crime reports for the United States.
SB809-SSA1,9
21Section 9
. 165.845 (1) (b) of the statutes is amended to read:
SB809-SSA1,6,2522
165.845
(1) (b) Furnish all reporting officials with forms or instructions or both
23that specify the nature of the information required under par. (a), the time it is to be
24forwarded,
the process for submitting the information, the method of classifying and
25any other matters that facilitate collection and compilation.
SB809-SSA1,10
1Section
10. 165.845 (1) (d) of the statutes is created to read:
SB809-SSA1,7,42
165.845
(1) (d) Publish data at least annually on law enforcement agency
3compliance with the reporting requirement under par. (a) relating to sexual assault
4kits.
SB809-SSA1,11
5Section 11
. 165.845 (2) of the statutes is amended to read:
SB809-SSA1,7,126
165.845
(2) All persons in charge of law enforcement agencies and other
7criminal and juvenile justice system agencies shall supply the department of justice
8with the information described in sub. (1) (a) on the basis of the forms or instructions
9or both to be supplied by the department under sub. (1)
(a) (b). The department may
10conduct an audit to determine the accuracy of the data and other information it
11receives from law enforcement agencies and other criminal and juvenile justice
12system agencies.
SB809-SSA1,12
13Section
12. 165.847 of the statutes is created to read:
SB809-SSA1,7,17
14165.847 Report on status of sexual assault kits. On an annual basis, using
15information collected under s. 165.845 (1) (a), the department of justice shall submit
16to the legislature for distribution under s. 13.172 (2) a report that includes all of the
17following information for that year:
SB809-SSA1,7,18
18(1) The total number of sexual assault kits collected in Wisconsin.
SB809-SSA1,7,19
19(2) The date that each sexual assault kit was collected.
SB809-SSA1,7,21
20(3) The number of sexual assault kits submitted to the crime laboratories for
21analysis.
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22(4) The date of submission of each sexual assault kit submitted to the crime
23laboratories.
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24(5) The date of analysis of each sexual assault kit submitted to the crime
25laboratories.
SB809-SSA1,8,2
1(6) The number of sexual assault kits that were submitted to the crime
2laboratories for analysis that have not yet been analyzed.
SB809-SSA1,8,4
3(7) For each unanalyzed sexual assault kit, the reason the kit has not been
4analyzed.
SB809-SSA1,8,7
5(8) The number of sexual assault kits that identified a foreign deoxyribonucleic
6acid profile, the number of such profiles uploaded into the combined deoxyribonucleic
7acid index system, and the number of such profiles that match a profile in the system.
SB809-SSA1,8,8
8(9) The number of sexual assault kits associated with further investigations.
SB809-SSA1,8,11
9(10) The number of criminal cases filed, the number of such active cases, and
10the number of such cases with dispositions resulting from the analysis of sexual
11assault kits.
SB809-SSA1,8,14
12(11) Any recommendations for statutory changes necessary to ensure that
13department practices regarding sexual assault kits conform with changes in
14technology and scientific best practices.
SB809-SSA1,13
15Section 13
. 175.405 of the statutes is repealed.
SB809-SSA1,14
16Section 14
. 895.537 of the statutes is created to read:
SB809-SSA1,8,18
17895.537 Liability exemption; sexual assault evidence collection. (1) In
18this section:
SB809-SSA1,8,1919
(a) “Health care professional” has the meaning given in s. 154.01 (3).
SB809-SSA1,8,2120
(b) “Sexual assault forensic examination” has the meaning given in s. 165.775
21(1) (d).
SB809-SSA1,8,25
22(2) Any health care professional conducting a sexual assault forensic
23examination pursuant to informed consent or a court order is immune from any civil
24or criminal liability for the act, except for civil liability for negligence in the
25performance of the act.
SB809-SSA1,9,3
1(3) Any employer of the person under sub. (2) or any health care facility where
2the sexual assault forensic examination is conducted by that person has the same
3immunity from liability under sub (2).
SB809-SSA1,15
4Section 15
. 949.20 (3) of the statutes is amended to read:
SB809-SSA1,9,155
949.20
(3) “Examination costs" means the costs of an examination that is done
6to gather evidence regarding a sex offense
,; any procedure during that examination
7process that tests for or prevents a sexually transmitted disease
, and; any medication
8provided or prescribed, during that examination process, that prevents or treats a
9sexually transmitted disease that the person performing the examination or
10procedure believes could be a consequence of the sex offense
, including
11post-exposure prophylaxis; and a pregnancy test, to be administered at a time when
12a pregnancy could be detected, if the person performing the examination or
13procedure believes that pregnancy could be a consequence of the sex offense.
14“Examination costs" does not include any processing or administrative costs,
15attorney fees, or other expenses.