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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SB809-SSA1,13 15Section 13 . 175.405 of the statutes is repealed.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.
SB809-SSA1,16 16Section 16 . 949.23 of the statutes is created to read:
SB809-SSA1,9,18 17949.23 Victims rights. A health care provider conducting an examination to
18gather evidence regarding a sex offense shall do all of the following:
SB809-SSA1,9,21 19(1) Inform the victim, orally and, using a form provided by the department of
20justice, in writing, of his or her rights under ss. 950.04 (1v) (ag), (bm), (c), (d), and (em)
21and 950.043.
SB809-SSA1,9,23 22(2) If facilities are available, provide to the victim an opportunity to bathe
23immediately following the examination.
SB809-SSA1,17 24Section 17 . 950.02 (3t) of the statutes is created to read:
SB809-SSA1,10,4
1950.02 (3t) “Sexual assault victim” means an individual against whom a crime
2has been committed under s. 940.22, 940.225 (1) to (3m), 948.02 (1) or (2), 948.025,
3948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.08, 948.085, 948.095, 948.10,
4948.11 (2) (a) or (am), or 948.12, or s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
SB809-SSA1,18 5Section 18 . 950.03 of the statutes is renumbered 950.03 (1).
SB809-SSA1,19 6Section 19 . 950.03 (2) of the statutes is created to read:
SB809-SSA1,10,117 950.03 (2) Notwithstanding sub. (1), a sexual assault victim has the rights and
8is eligible for the services under this chapter regardless of whether the crime has
9been reported to law enforcement authorities. A victim of sexual assault is under no
10obligation to seek medical attention, to have a sexual assault forensic examination
11administered, or to report the sexual assault to law enforcement authorities.
SB809-SSA1,20 12Section 20 . 950.04 (1v) (dL) of the statutes is renumbered 950.043 (10).
SB809-SSA1,21 13Section 21 . 950.043 of the statutes is created to read:
SB809-SSA1,10,16 14950.043 Bill of rights for victims of sexual assault. In addition to the
15rights of victims under ss. 950.04 and 950.045, sexual assault victims have all of the
16following rights:
SB809-SSA1,10,19 17(1) To receive at no charge a sexual assault forensic examination performed by
18a department-certified sexual assault nurse or another health care professional
19with similar training.
SB809-SSA1,10,22 20(2) To receive oral and written information about his or her rights as a sexual
21assault victim at the time he or she seeks medical attention following a sexual
22assault, as provided under ss. 50.378 (1m) and 949.23 (1).
SB809-SSA1,10,24 23(3) If facilities are available, to bathe immediately following a sexual assault
24forensic examination.
SB809-SSA1,10,25 25(4) To report or decline to report the sexual assault to a law enforcement agency.
SB809-SSA1,11,3
1(5) To have any evidence collected in a sexual assault forensic examination
2transported to the state crime laboratories for storage or testing or both, as provided
3under s. 165.775.
SB809-SSA1,11,7 4(6) If the victim chooses not to cooperate with a law enforcement agency, as
5defined in s. 949.20 (1), to have all evidence collected in a sexual assault forensic
6examination stored for 50 years, during which time the sexual assault victim may
7choose to report the assault to a law enforcement agency.
SB809-SSA1,11,12 8(7) If the victim chooses to cooperate with a law enforcement agency, as defined
9in s. 949.20 (1), and no conviction results from the sexual assault forensic
10examination, state crime laboratory testing, and subsequent law enforcement
11agency investigation, to have all evidence collected in the sexual assault forensic
12examination stored for 50 years.
SB809-SSA1,11,18 13(8) If the victim chooses to cooperate with a law enforcement agency, as defined
14in s. 949.20 (1), and a conviction results from the sexual assault forensic
15examination, state crime laboratory testing, and subsequent law enforcement
16agency investigation, to have all evidence collected in the sexual assault forensic
17examination stored until the end of the term of imprisonment or probation of the
18person who was convicted of the sexual assault.
SB809-SSA1,11,21 19(9) To have notification in writing 60 days prior to the destruction of any
20evidence acquired from a sexual assault forensic examination, as provided in ss.
21165.25 (20) and 165.776.
SB809-SSA1,22 22Section 22 . 968.205 (3) (intro.) of the statutes is amended to read:
SB809-SSA1,12,223 968.205 (3) (intro.) Subject Except in sexual assault cases, subject to sub. (5),
24a law enforcement agency may destroy evidence that includes biological material

1before the expiration of the time period specified in sub. (2) if all of the following
2apply:
SB809-SSA1,23 3Section 23 . 973.06 (1) (i) of the statutes is created to read:
SB809-SSA1,12,54 973.06 (1) (i) The cost of administration of any sexual assault kit under s.
5165.775 that was administered in the case.
SB809-SSA1,24 6Section 24 . Nonstatutory provisions.
SB809-SSA1,12,157 (1) Within 180 days of the effective date of this subsection, the department of
8justice shall promulgate emergency rules under s. 227.24 to implement s. 165.775 for
9the period before the effective date of the permanent rules but not to exceed the
10period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2).
11Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to
12provide evidence that promulgating a rule under this subsection as an emergency
13rule is necessary for the preservation of the public peace, health, safety, or welfare
14and is not required to provide a finding of emergency for a rule promulgated under
15this subsection.
SB809-SSA1,12,2216 (2) Within 180 days of the effective date of this subsection, the department of
17justice shall conduct an audit of all sexual assault kits and submit to the legislature
18for distribution under s. 13.172 (2) a report that includes all of the following
19information: the number of sexual assault kits submitted to the state crime
20laboratories that have not yet been analyzed, the number of sexual assault kits not
21submitted to the state crime laboratories that remain in law enforcement custody,
22and the reasons those sexual assault kits were not submitted for analysis.
SB809-SSA1,25 23Section 25. Effective dates. This act takes effect on the day after publication,
24except as follows:
SB809-SSA1,13,4
1(1) The treatment of ss. 165.25 (20), 165.77 (7), 165.775 (1) to (6), 165.776,
2165.845 (title), (1) (a), (b), and (d), and (2), 165.847, 175.405, 895.537, 949.23 (5) and
3(9), and 973.06 (1) (i) takes effect on the first day of the 7th month beginning after
4publication.
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