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MLJ:cdc
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 67
November 2, 2021 - Offered by Representative Steffen.
AB67-ASA1,1,5 1An Act to repeal 165.77 (7) and 175.405; to amend 165.845 (title), 165.845 (1r)
2(a) (intro.), 165.845 (1r) (a) 1. and 165.845 (1r) (b); and to create 165.775,
3165.845 (1g) (g), 165.845 (1r) (a) 3., 165.845 (1r) (e) and 895.537 of the statutes;
4relating to: storage and processing of sexual assault kits and requiring the
5exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, there is no statutory procedure for the collection and
processing of sexual assault kits. This bill creates procedures for transmission,
processing, and storage of sexual assault kits. Under the bill, a health care
professional who collects a sexual assault kit must do one of the following: 1) if the
victim wants to report the sexual assault to law enforcement, the health care
professional must notify a law enforcement agency within 24 hours of collecting the
kit; or 2) if the victim does not want to report the sexual assault to law enforcement,
the health care professional must send the kit to the state crime laboratories within
72 hours for storage. Under the bill, if a law enforcement agency has received
notification from a health care professional that a kit has been collected, the law
enforcement agency must take possession of the kit within 72 hours, and must send
the kit to the state crime laboratories for processing within 14 days. If the victim

changes his or her mind about wanting to have his or her kit analyzed after it is given
to a law enforcement agency but before the agency sends the kit to the state crime
laboratories for processing, the agency must send the kit to the state crime
laboratories for storage rather than for processing.
Under the bill, once the state crime laboratories takes possession of a sexual
assault kit, it must do one of the following: 1) if it has received the kit of a person who
has not consented to analysis, securely store the kit for a period of 10 years; or 2) if
it has received the kit of a person who has consented to analysis, process the kit
within 45 days if the suspect is unknown by the victim or 150 days if the suspect is
known by the victim, and then send it to a law enforcement agency to store the kit
for a period of 50 years, or until the date of the expiration of the statute of limitations,
or until the end of a term of imprisonment or probation of a person convicted in the
sexual assault case, whichever is longer.
Under current law, local law enforcement agencies report certain crime
statistics to the Department of Justice. The bill requires law enforcement agencies
to provide additional data to DOJ regarding sexual assault kits collected and
processed in Wisconsin in addition to the data currently being reported. The bill also
requires DOJ to publish data on law enforcement agency compliance with DOJ
reporting requirements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB67-ASA1,1 1Section 1. 165.77 (7) of the statutes is repealed.
AB67-ASA1,2 2Section 2 . 165.775 of the statutes is created to read:
AB67-ASA1,2,3 3165.775 Sexual assault kits. (1) In this section:
AB67-ASA1,2,44 (a) “Department” means the department of justice.
AB67-ASA1,2,55 (b) “Health care professional" has the meaning given in s. 154.01 (3).
AB67-ASA1,2,66 (c) “Sex offense” has the meaning given in s. 949.20 (7).
AB67-ASA1,2,87 (d) “Sexual assault forensic examination” means an examination performed by
8a health care professional to gather evidence regarding a sex offense.
AB67-ASA1,2,109 (e) “Sexual assault kit” means the evidence collected from a sexual assault
10forensic examination.
AB67-ASA1,2,1211 (f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1)
12(c).
AB67-ASA1,3,3
1(2) Whenever a health care professional conducts a sexual assault forensic
2examination and collects a sexual assault kit, the health care professional shall do
3one of the following:
AB67-ASA1,3,64 (a) If the victim chooses to report the sexual assault to a Wisconsin law
5enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin
6law enforcement agency within 24 hours after collecting the sexual assault kit.
AB67-ASA1,3,117 (b) If the victim chooses not to report the sexual assault to a Wisconsin law
8enforcement agency, and reporting is not required under s. 48.981 (2), send the
9sexual assault kit to the state crime laboratories for storage in accordance with the
10procedures specified in the rules promulgated under sub. (6) within 72 hours after
11collecting the sexual assault kit.
AB67-ASA1,3,13 12(3) If a Wisconsin law enforcement agency receives notification under sub. (2)
13(a), it shall do all of the following:
AB67-ASA1,3,1514 (a) Take possession of the sexual assault kit from the health care professional
15within 72 hours after receiving the notification.
AB67-ASA1,3,1816 (b) Except as provided in par. (c), within 14 days after taking possession of the
17sexual assault kit, send the sexual assault kit to the state crime laboratories for
18processing in accordance with the procedures specified in sub. (4) (b).
AB67-ASA1,3,2519 (c) If the Wisconsin law enforcement agency, after taking possession of the
20sexual assault kit under par. (a) but before sending the sexual assault kit under par.
21(b), receives notification from the victim that the victim does not want to proceed with
22the analysis of his or her sexual assault kit, send the sexual assault kit to the state
23crime laboratories for storage in accordance with the procedures specified in the
24rules promulgated under sub. (6) within 14 days after taking possession of the sexual
25assault kit.
AB67-ASA1,4,2
1(4) If the state crime laboratories takes possession of a sexual assault kit, it
2shall do all of the following:
AB67-ASA1,4,73 (a) If the victim chooses not to report the sexual assault to a Wisconsin law
4enforcement agency and thus has not consented to the analysis of his or her sexual
5assault kit, securely store the sexual assault kit for a period of 10 years, during which
6time the sexual assault victim may choose to report the assault to a Wisconsin law
7enforcement agency.
AB67-ASA1,4,128 (b) If the victim chooses to report the sexual assault to a Wisconsin law
9enforcement agency at any time and thus has consented to the analysis of his or her
10sexual assault kit, process the kit within 45 days if the suspect is unknown by the
11victim or 150 days if the suspect is known by the victim, in accordance with the
12procedures specified in the rules promulgated under sub. (6).
AB67-ASA1,4,18 13(5) If a law enforcement agency takes possession of a sexual assault kit after
14it has been processed by the state crime laboratories, notwithstanding s. 968.205, it
15shall securely store the sexual assault kit for a period of 50 years, or until the date
16of the expiration of the statute of limitations, or until the end of the term of
17imprisonment or probation of a person who was convicted in the sexual assault case,
18whichever is longer.
AB67-ASA1,4,19 19(6) The department shall promulgate rules to administer this section.
AB67-ASA1,3 20Section 3 . 165.845 (title) of the statutes, as affected by 2021 Wisconsin Act 50,
21is amended to read:
AB67-ASA1,4,23 22165.845 (title) Collection and reporting of crime and criminal justice
23data.
AB67-ASA1,4 24Section 4 . 165.845 (1g) (g) of the statutes is created to read:
AB67-ASA1,5,2
1165.845 (1g) (g) “Sexual assault kit” has the meaning given in s. 165.775 (1)
2(e).
AB67-ASA1,5 3Section 5 . 165.845 (1r) (a) (intro.) of the statutes, as affected by 2021
4Wisconsin Act 50
, is amended to read:
AB67-ASA1,5,105 165.845 (1r) (a) (intro.) Collect information concerning the number and nature
6of offenses known to have been committed in this state and such other information
7as may be useful in the study of crime and the administration of justice. The
8department of justice may determine any other information to be obtained regarding
9crime, evidence, and justice system data or statistics. The information shall include
10all of the following:
AB67-ASA1,6 11Section 6 . 165.845 (1r) (a) 1. of the statutes, as affected by 2021 Wisconsin Act
1250
, is amended to read:
AB67-ASA1,5,1513 165.845 (1r) (a) 1. Data requested by federal agencies under the U.S.
14department of justice, including but not limited to
the federal bureau of investigation
15under its system of uniform crime reports for the United States.
AB67-ASA1,7 16Section 7 . 165.845 (1r) (a) 3. of the statutes is created to read:
AB67-ASA1,5,1717 165.845 (1r) (a) 3. Data concerning sexual assault kits collected in this state.
AB67-ASA1,8 18Section 8 . 165.845 (1r) (b) of the statutes, as affected by 2021 Wisconsin Act
1950
, is amended to read:
AB67-ASA1,6,220 165.845 (1r) (b) Furnish all reporting officials with instructions that specify
21the nature of the information required under par. (a), the process for submitting the
22information,
a simple format in which to submit the information, the time it is to be
23forwarded, the method of classifying it, and any other matters that facilitate
24collection and compilation. The format provided under this paragraph shall, to the

1greatest extent feasible, minimize the time required by each law enforcement officer
2to submit the required information.
AB67-ASA1,9 3Section 9 . 165.845 (1r) (e) of the statutes is created to read:
AB67-ASA1,6,64 165.845 (1r) (e) Publish data at least annually on law enforcement agency
5compliance with the reporting requirement under par. (a) 3. relating to sexual
6assault kits.
AB67-ASA1,10 7Section 10. 175.405 of the statutes is repealed.
AB67-ASA1,11 8Section 11 . 895.537 of the statutes is created to read:
AB67-ASA1,6,10 9895.537 Liability exemption; sexual assault evidence collection. (1) In
10this section:
AB67-ASA1,6,1111 (a) “Health care professional” has the meaning given in s. 154.01 (3).
AB67-ASA1,6,1312 (b) “Sexual assault forensic examination” has the meaning given in s. 165.775
13(1) (d).
AB67-ASA1,6,17 14(2) Any health care professional conducting a sexual assault forensic
15examination pursuant to informed consent or a court order is immune from any civil
16or criminal liability for the act, except for civil liability for negligence in the
17performance of the act.
AB67-ASA1,6,20 18(3) Any employer of the person under sub. (2) or any health care facility where
19the sexual assault forensic examination is conducted by that person has the same
20immunity from liability under sub (2).
AB67-ASA1,12 21Section 12 . Nonstatutory provisions.
AB67-ASA1,7,522 (1) Within 180 days of the effective date of this subsection, the department of
23justice shall promulgate emergency rules under s. 227.24 to implement s. 165.775 for
24the period before the effective date of the permanent rules but not to exceed the
25period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2).

1Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to
2provide evidence that promulgating a rule under this subsection as an emergency
3rule is necessary for the preservation of the public peace, health, safety, or welfare
4and is not required to provide a finding of emergency for a rule promulgated under
5this subsection.
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