Amendment SSA1-SB809

SB809-SSA1,8,14 (11) Any recommendations for statutory changes necessary to ensure that department practices regarding sexual assault kits conform with changes in technology and scientific best practices.

SB809-SSA1,13 Section 13 . 175.405 of the statutes is repealed.

SB809-SSA1,14 Section 14 . 895.537 of the statutes is created to read:

SB809-SSA1,8,18 895.537 Liability exemption; sexual assault evidence collection. (1) In this section:

SB809-SSA1,8,19 (a) “Health care professional” has the meaning given in s. 154.01 (3).

SB809-SSA1,8,21 (b) “Sexual assault forensic examination” has the meaning given in s. 165.775 (1) (d).

SB809-SSA1,8,25 (2) Any health care professional conducting a sexual assault forensic examination pursuant to informed consent or a court order is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

SB809-SSA1,9,3 (3) Any employer of the person under sub. (2) or any health care facility where the sexual assault forensic examination is conducted by that person has the same immunity from liability under sub (2).

SB809-SSA1,15 Section 15 . 949.20 (3) of the statutes is amended to read:

SB809-SSA1,9,15 949.20 (3) “Examination costs" means the costs of an examination that is done to gather evidence regarding a sex offense,; any procedure during that examination process that tests for or prevents a sexually transmitted disease , and; any medication provided or prescribed, during that examination process, that prevents or treats a sexually transmitted disease that the person performing the examination or procedure believes could be a consequence of the sex offense, including post-exposure prophylaxis; and a pregnancy test, to be administered at a time when a pregnancy could be detected, if the person performing the examination or procedure believes that pregnancy could be a consequence of the sex offense. “Examination costs" does not include any processing or administrative costs, attorney fees, or other expenses.

SB809-SSA1,16 Section 16 . 949.23 of the statutes is created to read:

SB809-SSA1,9,18 949.23 Victims rights. A health care provider conducting an examination to gather evidence regarding a sex offense shall do all of the following:

SB809-SSA1,9,21 (1) Inform the victim, orally and, using a form provided by the department of justice, in writing, of his or her rights under ss. 950.04 (1v) (ag), (bm), (c), (d), and (em) and 950.043.

SB809-SSA1,9,23 (2) If facilities are available, provide to the victim an opportunity to bathe immediately following the examination.

SB809-SSA1,17 Section 17 . 950.02 (3t) of the statutes is created to read:

SB809-SSA1,10,4 950.02 (3t) “Sexual assault victim” means an individual against whom a crime has been committed under s. 940.22, 940.225 (1) to (3m), 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.08, 948.085, 948.095, 948.10, 948.11 (2) (a) or (am), or 948.12, or s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

SB809-SSA1,18 Section 18 . 950.03 of the statutes is renumbered 950.03 (1).

SB809-SSA1,19 Section 19 . 950.03 (2) of the statutes is created to read:

SB809-SSA1,10,11 950.03 (2) Notwithstanding sub. (1), a sexual assault victim has the rights and is eligible for the services under this chapter regardless of whether the crime has been reported to law enforcement authorities. A victim of sexual assault is under no obligation to seek medical attention, to have a sexual assault forensic examination administered, or to report the sexual assault to law enforcement authorities.

SB809-SSA1,20 Section 20 . 950.04 (1v) (dL) of the statutes is renumbered 950.043 (10).

SB809-SSA1,21 Section 21 . 950.043 of the statutes is created to read:

SB809-SSA1,10,16 950.043 Bill of rights for victims of sexual assault. In addition to the rights of victims under ss. 950.04 and 950.045, sexual assault victims have all of the following rights:

SB809-SSA1,10,19 (1) To receive at no charge a sexual assault forensic examination performed by a department-certified sexual assault nurse or another health care professional with similar training.

SB809-SSA1,10,22 (2) To receive oral and written information about his or her rights as a sexual assault victim at the time he or she seeks medical attention following a sexual assault, as provided under ss. 50.378 (1m) and 949.23 (1).

SB809-SSA1,10,24 (3) If facilities are available, to bathe immediately following a sexual assault forensic examination.

SB809-SSA1,10,25 (4) To report or decline to report the sexual assault to a law enforcement agency.

SB809-SSA1,11,3 (5) To have any evidence collected in a sexual assault forensic examination transported to the state crime laboratories for storage or testing or both, as provided under s. 165.775.

SB809-SSA1,11,7 (6) If the victim chooses not to cooperate with a law enforcement agency, as defined in s. 949.20 (1), to have all evidence collected in a sexual assault forensic examination stored for 50 years, during which time the sexual assault victim may choose to report the assault to a law enforcement agency.

SB809-SSA1,11,12 (7) If the victim chooses to cooperate with a law enforcement agency, as defined in s. 949.20 (1), and no conviction results from the sexual assault forensic examination, state crime laboratory testing, and subsequent law enforcement agency investigation, to have all evidence collected in the sexual assault forensic examination stored for 50 years.

SB809-SSA1,11,18 (8) If the victim chooses to cooperate with a law enforcement agency, as defined in s. 949.20 (1), and a conviction results from the sexual assault forensic examination, state crime laboratory testing, and subsequent law enforcement agency investigation, to have all evidence collected in the sexual assault forensic examination stored until the end of the term of imprisonment or probation of the person who was convicted of the sexual assault.

SB809-SSA1,11,21 (9) To have notification in writing 60 days prior to the destruction of any evidence acquired from a sexual assault forensic examination, as provided in ss. 165.25 (20) and 165.776.

SB809-SSA1,22 Section 22 . 968.205 (3) (intro.) of the statutes is amended to read:

SB809-SSA1,12,2 968.205 (3) (intro.) Subject Except in sexual assault cases, subject to sub. (5), a law enforcement agency may destroy evidence that includes biological material before the expiration of the time period specified in sub. (2) if all of the following apply:

SB809-SSA1,23 Section 23 . 973.06 (1) (i) of the statutes is created to read:

SB809-SSA1,12,5 973.06 (1) (i) The cost of administration of any sexual assault kit under s. 165.775 that was administered in the case.

SB809-SSA1,24 Section 24 . Nonstatutory provisions.

SB809-SSA1,12,15 (1) Within 180 days of the effective date of this subsection, the department of justice shall promulgate emergency rules under s. 227.24 to implement s. 165.775 for the period before the effective date of the permanent rules but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB809-SSA1,12,22 (2) Within 180 days of the effective date of this subsection, the department of justice shall conduct an audit of all sexual assault kits and submit to the legislature for distribution under s. 13.172 (2) a report that includes all of the following information: the number of sexual assault kits submitted to the state crime laboratories that have not yet been analyzed, the number of sexual assault kits not submitted to the state crime laboratories that remain in law enforcement custody, and the reasons those sexual assault kits were not submitted for analysis.

SB809-SSA1,25 Section 25. Effective dates. This act takes effect on the day after publication, except as follows:

SB809-SSA1,13,4 (1) The treatment of ss. 165.25 (20), 165.77 (7), 165.775 (1) to (6), 165.776, 165.845 (title), (1) (a), (b), and (d), and (2), 165.847, 175.405, 895.537, 949.23 (5) and (9), and 973.06 (1) (i) takes effect on the first day of the 7th month beginning after publication.

SB809-SSA1,13,5 (End)