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AB68-SSA1,1087,22 21(2) Study whether sentences for similar offenses and circumstances are
22consistent and make recommendations to ensure that sentences are equitable.
AB68-SSA1,1087,24 23(3) Study and make recommendations regarding the state's bifurcated
24sentencing structure.
AB68-SSA1,1088,2
1(4) Review and make recommendations regarding sentences for violations
2committed by individuals age 18 to 25.
AB68-SSA1,2350 3Section 2350 . 165.63 (3) of the statutes is amended to read:
AB68-SSA1,1088,74 165.63 (3) Requests from courts. In making a determination required under
5s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner
6shall request information under sub. (2) from the department or from a law
7enforcement agency or law enforcement officer as provided in sub. (4) (d).
AB68-SSA1,2351 8Section 2351 . 165.63 (4) (d) of the statutes is amended to read:
AB68-SSA1,1088,119 165.63 (4) (d) Aid the court in making a determination required under s.
10813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a
11determination required under s. 968.20 (1m) (d) 2.
AB68-SSA1,2352 12Section 2352. 165.77 (7) of the statutes is repealed.
AB68-SSA1,2353 13Section 2353 . 165.775 of the statutes is created to read:
AB68-SSA1,1088,14 14165.775 Sexual assault kits. (1) In this section:
AB68-SSA1,1088,1515 (a) “Department” means the department of justice.
AB68-SSA1,1088,1616 (b) “Health care professional" has the meaning given in s. 154.01 (3).
AB68-SSA1,1088,1717 (c) “Sex offense” has the meaning given in s. 949.20 (7).
AB68-SSA1,1088,1918 (d) “Sexual assault forensic examination” means an examination performed by
19a health care professional to gather evidence regarding a sex offense.
AB68-SSA1,1088,2120 (e) “Sexual assault kit” means the evidence collected from a sexual assault
21forensic examination.
AB68-SSA1,1088,2322 (f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1)
23(c).
AB68-SSA1,1089,3
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:
AB68-SSA1,1089,64 (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.
AB68-SSA1,1089,117 (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.
AB68-SSA1,1089,13 12(3) If a Wisconsin law enforcement agency receives notification under sub. (2)
13(a), it shall do all of the following:
AB68-SSA1,1089,1514 (a) Take possession of the sexual assault kit from the health care professional
15within 72 hours after receiving the notification.
AB68-SSA1,1089,1916 (b) Except as provided in par. (c), send the sexual assault kit to the state crime
17laboratories for processing in accordance with the procedures specified in the rules
18promulgated under sub. (6) within 14 days after taking possession of the sexual
19assault kit.
AB68-SSA1,1090,220 (c) If the Wisconsin law enforcement agency, after taking possession of the
21sexual assault kit under par. (a) but before sending the sexual assault kit under par.
22(b), receives notification from the victim that the victim does not want to proceed with
23the analysis of his or her sexual assault kit, send the sexual assault kit to the state
24crime laboratories for storage in accordance with the procedures specified in the

1rules promulgated under sub. (6) within 14 days after taking possession of the sexual
2assault kit.
AB68-SSA1,1090,4 3(4) If the state crime laboratories takes possession of a sexual assault kit, it
4shall do all of the following:
AB68-SSA1,1090,95 (a) If the victim chooses not to report the sexual assault to a Wisconsin law
6enforcement agency and thus has not consented to the analysis of his or her sexual
7assault kit, securely store the sexual assault kit for a period of 10 years, during which
8time the sexual assault victim may choose to report the assault to a Wisconsin law
9enforcement agency.
AB68-SSA1,1090,1310 (b) If the victim chooses to report the sexual assault to a Wisconsin law
11enforcement agency and thus has consented to the analysis of his or her sexual
12assault kit, process the kit in accordance with the procedures specified in the rules
13promulgated under sub. (6).
AB68-SSA1,1090,19 14(5) If a law enforcement agency takes possession of a sexual assault kit after
15it has been processed by the state crime laboratories, notwithstanding s. 968.205, it
16shall securely store the sexual assault kit for a period of 50 years, or until the date
17of the expiration of the statute of limitations, or until the end of the term of
18imprisonment or probation of a person who was convicted in the sexual assault case,
19whichever is longer.
AB68-SSA1,1090,20 20(6) The department shall promulgate rules to administer this section.
AB68-SSA1,2354 21Section 2354 . 165.83 (1) (c) 1. of the statutes is amended to read:
AB68-SSA1,1090,2322 165.83 (1) (c) 1. An act that is committed by a person who has attained the age
23of 17
an adult and that is a felony or a misdemeanor.
AB68-SSA1,2355 24Section 2355 . 165.83 (1) (c) 2. of the statutes is amended to read:
AB68-SSA1,1091,3
1165.83 (1) (c) 2. An act that is committed by a person minor who has attained
2the age of 10 but who has not attained the age of 17 and that would be a felony or
3misdemeanor if committed by an adult.
AB68-SSA1,2356 4Section 2356 . 165.842 of the statutes is created to read:
AB68-SSA1,1091,6 5165.842 Motor vehicle stops; collection and analysis of information;
6annual report.
(1) Definitions. In this section:
AB68-SSA1,1091,77 (a) “Department" means the department of justice.
AB68-SSA1,1091,88 (b) “Law enforcement agency" has the meaning given in s. 165.85 (2) (bv).
AB68-SSA1,1091,99 (c) “Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB68-SSA1,1091,1410 (d) “Motor vehicle stop" means the stop or detention of a motor vehicle that is
11traveling in any public or private place, or the detention of an occupied motor vehicle
12that is already stopped in any public or private place, for the purpose of investigating
13any alleged or suspected violation of a state or federal law or city, village, town, or
14county ordinance.
AB68-SSA1,1091,19 15(2) Information collection required. All persons in charge of law
16enforcement and tribal law enforcement agencies shall obtain, or cause to be
17obtained, all of the following information with respect to each motor vehicle stop
18made on or after January 1, 2022, by a law enforcement officer employed by the law
19enforcement agency:
AB68-SSA1,1091,2120 (a) The name, address, gender, and race of the operator of the motor vehicle.
21The officer shall subjectively select the operator's race from the following list:
AB68-SSA1,1091,2222 1. Caucasian.
AB68-SSA1,1091,2323 2. Black or African American.
AB68-SSA1,1091,2424 3. Hispanic.
AB68-SSA1,1091,2525 4. American Indian or Alaska Native.
AB68-SSA1,1092,1
15. Asian or Pacific Islander.
AB68-SSA1,1092,22 (b) The reason the officer stopped or detained the motor vehicle.
AB68-SSA1,1092,33 (c) The make and year of the motor vehicle.
AB68-SSA1,1092,44 (d) The date, time, and location of the motor vehicle stop.
AB68-SSA1,1092,75 (e) Whether or not a law enforcement officer conducted a search of the motor
6vehicle, the operator, or any passenger and, if so, whether the search was with
7consent or by other means.
AB68-SSA1,1092,98 (f) The name, address, gender, and race of any person searched, with the officer
9subjectively selecting the person's race from the list under par. (a).
AB68-SSA1,1092,1010 (g) The name and badge number of the officer making the motor vehicle stop.
AB68-SSA1,1092,15 11(3) Submission of information collected. All persons in charge of law
12enforcement agencies shall forward the information obtained under sub. (2) to the
13department using the format prescribed by the rules promulgated under sub. (5) and
14in accordance with the reporting schedule established under the rules promulgated
15under sub. (5).
AB68-SSA1,1092,19 16(4) Analysis and report by department. (a) The department shall compile the
17information submitted to it by law enforcement agencies under sub. (3) and shall
18analyze the information, along with any other relevant information, to determine,
19both for the state as a whole and for each law enforcement agency, all of the following:
AB68-SSA1,1093,220 1. Whether the number of motor vehicle stops and searches involving motor
21vehicles operated or occupied by members of a racial minority compared to the
22number of motor vehicle stops and searches involving motor vehicles operated or
23occupied solely by persons who are not members of a racial minority is
24disproportionate based on an estimate of the population and characteristics of all
25persons traveling on state highways, on an estimate of the populations and

1characteristics of persons traveling on state highways who are violating a law or
2ordinance, or on some other relevant population estimate.
AB68-SSA1,1093,53 2. A determination as to whether any disproportion found under subd. 1. is the
4result of racial profiling, racial stereotyping, or other race-based discrimination or
5selective enforcement.
AB68-SSA1,1093,126 (b) For each year, the department shall prepare an annual report that
7summarizes the information submitted to it by law enforcement agencies concerning
8motor vehicle stops made during the year and that describes the methods and
9conclusions of its analysis of the information. On or before March 31, 2023, and on
10or before each March 31 thereafter, the department shall submit the annual report
11required under this paragraph to the legislature under s. 13.172 (2), to the governor,
12and to the director of state courts.
AB68-SSA1,1093,19 13(5) Rules. The department shall promulgate rules to implement the
14requirements of this section. The department shall furnish all reporting officials
15with forms or instructions or both that specify the format in which to submit the
16information required under sub. (2) and the time for forwarding the information to
17the department. The department may, by rule, require the collection of information
18in addition to that specified in sub. (2) (a) to (g) if the department determines that
19the information will help to make the determinations required under sub. (4) (a).
AB68-SSA1,1093,21 20(6) Access to records. Information collected under sub. (2) is not subject to
21inspection or copying under s. 19.35 (1).
AB68-SSA1,2357 22Section 2357. 165.845 (title) of the statutes is amended to read:
AB68-SSA1,1093,24 23165.845 (title) Collect Collection and reporting of crime and criminal
24justice
data.
AB68-SSA1,2358
1Section 2358. 165.845 (1) (intro.) and (c) of the statutes are renumbered
2165.845 (1r) (intro.) and (c).
AB68-SSA1,2359 3Section 2359 . 165.845 (1) (a) of the statutes is renumbered 165.845 (1r) (a)
4(intro.) and amended to read:
AB68-SSA1,1094,105 165.845 (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
10data all of the following:
AB68-SSA1,1094,13 111. Data requested by federal agencies under the U.S. department of justice,
12including
the federal bureau of investigation under its system of uniform crime
13reports for the United States.
AB68-SSA1,2360 14Section 2360. 165.845 (1) (b) of the statutes is renumbered 165.845 (1r) (b) and
15amended to read:
AB68-SSA1,1094,1916 165.845 (1r) (b) Furnish all reporting officials with forms or instructions or
17both that specify the nature of the information required under par. (a), the time it is
18to be forwarded, the process for submitting the information, the method of classifying
19and any other matters that facilitate collection and compilation.
AB68-SSA1,2361 20Section 2361 . 165.845 (1g) of the statutes is created to read:
AB68-SSA1,1094,2221 165.845 (1g) In this section, “serious bodily harm” has the meaning given in
22s. 969.001 (2).
AB68-SSA1,2362 23Section 2362. 165.845 (1r) (a) 2. of the statutes is created to read:
AB68-SSA1,1094,2524 165.845 (1r) (a) 2. Data concerning sexual assault kits, as defined in s. 165.775
25(1) (e), collected in this state.
AB68-SSA1,2363
1Section 2363. 165.845 (1r) (a) 3. of the statutes is created to read:
AB68-SSA1,1095,102 165.845 (1r) (a) 3. For any incident involving the shooting of a civilian by a law
3enforcement officer or the shooting of a law enforcement officer by a civilian; any
4incident involving the discharge of a firearm by a law enforcement officer at or in the
5direction of a civilian or the discharge of a firearm by a civilian at or in the direction
6of a law enforcement officer; and any incident in which an action taken by a law
7enforcement officer as a response to an act of resistance results in serious bodily
8harm or death or in which an act of resistance taken by a civilian against a law
9enforcement officer results in serious bodily harm or death, all of the following
10information:
AB68-SSA1,1095,1211 a. The gender, race, ethnicity, and age of each person who was shot at, injured,
12or killed.
AB68-SSA1,1095,1313 b. The date, time, and location of the incident.
AB68-SSA1,1095,1514 c. Whether any civilian involved in the incident was armed and, if he or she was
15armed, the type of weapon that the civilian possessed.
AB68-SSA1,1095,1816 d. The type of resistance used against the law enforcement officer by the
17civilian, the type of action taken in response by the officer, and if applicable, the types
18of weapons used.
AB68-SSA1,1095,1919 e. The number of law enforcement officers involved in the incident.
AB68-SSA1,1095,2020 f. The number of civilians involved in the incident.
AB68-SSA1,1095,2221 g. A brief description regarding the circumstances surrounding the incident,
22including perceptions on behavior or mental disorders.
AB68-SSA1,2364 23Section 2364. 165.845 (1r) (d) of the statutes is created to read:
AB68-SSA1,1095,2424 165.845 (1r) (d) Publish the following reports:
AB68-SSA1,1096,3
11. At least annually, a report containing data on law enforcement agency
2compliance with the sexual assault kit data collection requirement under par. (a) 2.
3The reports may be published electronically on the department's Internet site.
AB68-SSA1,1096,74 2. Annually, a report using the information collected on incidents under par.
5(a) 3. The reports may be published electronically on the department's Internet site
6in an interactive format and shall include, at a minimum, all information that is
7reported to the department by local law enforcement agencies under par. (a) 3.
AB68-SSA1,2365 8Section 2365 . 165.845 (2) of the statutes is amended to read:
AB68-SSA1,1096,159 165.845 (2) All persons in charge of law enforcement agencies and other
10criminal and juvenile justice system agencies shall supply the department of justice
11with the information described in sub. (1) (1r) (a) on the basis of the forms or
12instructions or both to be supplied by the department under sub. (1) (a) (1r) (b). The
13department may conduct an audit to determine the accuracy of the data and other
14information it receives from law enforcement agencies and other criminal and
15juvenile justice system agencies.
AB68-SSA1,2366 16Section 2366 . 165.85 (2) (ap) of the statutes is created to read:
AB68-SSA1,1096,2517 165.85 (2) (ap) “Employment file” means all files relating to a person's
18employment, including performance reviews, files related to job performance,
19internal affairs investigative files, administrative files, previous personnel
20applications, personnel-related claims, disciplinary actions, and all substantiated
21complaints and commendations, but does not include pay or benefit information,
22similar administrative data or information that does not relate to performance or
23conduct, or medical files unless the medical file relates to mental competency issues
24bearing on the person's suitability for a law enforcement, tribal law enforcement, jail,
25or juvenile detention officer position.
AB68-SSA1,2367
1Section 2367. 165.85 (2) (be) of the statutes is created to read:
AB68-SSA1,1097,32 165.85 (2) (be) “Government agency” means any department, agency, or court
3of this state, or of a city, village, town, or county in this state.
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