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SB809,9,22 18(5) After the state crime laboratories have processed a sexual assault kit,
19notwithstanding s. 968.205, it shall securely store the sexual assault kit for 50 years,
20until the date of the expiration of the statute of limitations, or until the end of the
21term of imprisonment or probation of a person who was convicted in the sexual
22assault case, whichever is longest.
SB809,9,25 23(6) The department shall establish a data bank, which shall be known as the
24Wisconsin Sexual Assault Kit Tracking System, for the purpose of providing victims
25of alleged or suspected sexual assault access to information about the status of any

1sexual assault kit the victim has provided. The data bank shall use electronic
2technologies to allow continuous, ongoing access to do all of the following:
SB809,10,83 (a) Allow health care professionals collecting sexual assault kits, forensic
4laboratories, law enforcement agencies, prosecutors, and the department to update
5and track the location and status of sexual assault kits throughout the criminal
6justice process, including the initial collection of evidence, receipt and storage at law
7enforcement agencies, receipt and analysis at forensic laboratories, and storage and
8any destruction after completion of analysis.
SB809,10,129 (b) Allow a victim of sexual assault to anonymously track or receive updates
10regarding the location and status of the victim's sexual assault kit throughout the
11criminal justice process. Notwithstanding s. 165.79 (1), a victim may receive
12information and analyses of evidence obtained from the victim's sexual assault kit.
SB809,10,13 13(7) The department shall promulgate rules to administer this section.
SB809,12 14Section 12 . 165.788 of the statutes is created to read:
SB809,10,16 15165.788 Citizenship of individuals convicted of sexual assault. (1) In
16this section, “sexual assault” has the meaning given in s. 165.93 (1) (b).
SB809,10,19 17(2) If a person convicted of a sexual assault is not a U.S. citizen and is not
18authorized to be in the United States under federal law, the department shall notify
19U.S. immigration and customs enforcement.
SB809,13 20Section 13 . 165.845 (title) of the statutes is amended to read:
SB809,10,21 21165.845 (title) Collect crime and criminal justice data.
SB809,14 22Section 14 . 165.845 (1) (a) of the statutes is amended to read:
SB809,11,623 165.845 (1) (a) Collect information concerning the number and nature of
24offenses known to have been committed in this state, concerning sexual assault kits,
25as defined in s. 165.775 (1) (e), collected in this state,
and concerning such other

1information as may be useful in the study of crime and the administration of justice.
2The department of justice may determine any other information to be obtained
3regarding crime, evidence, and justice system data or statistics. The information
4shall include data requested by federal agencies under the U.S. department of
5justice, including but not limited to
the federal bureau of investigation under its
6system of uniform crime reports for the United States.
SB809,15 7Section 15 . 165.845 (1) (b) of the statutes is amended to read:
SB809,11,118 165.845 (1) (b) Furnish all reporting officials with forms or instructions or both
9that specify the nature of the information required under par. (a), the time it is to be
10forwarded, the process for submitting the information, the method of classifying and
11any other matters that facilitate collection and compilation.
SB809,16 12Section 16 . 165.845 (1) (d) of the statutes is created to read:
SB809,11,1513 165.845 (1) (d) Publish data at least annually on law enforcement agency
14compliance with the reporting requirement under par. (a) relating to sexual assault
15kits.
SB809,17 16Section 17 . 165.845 (2) of the statutes is amended to read:
SB809,11,2317 165.845 (2) All persons in charge of law enforcement agencies and other
18criminal and juvenile justice system agencies shall supply the department of justice
19with the information described in sub. (1) (a) on the basis of the forms or instructions
20or both to be supplied by the department under sub. (1) (a) (b). The department may
21conduct an audit to determine the accuracy of the data and other information it
22receives from law enforcement agencies and other criminal and juvenile justice
23system agencies.
SB809,18 24Section 18. 165.847 of the statutes is created to read:
SB809,12,4
1165.847 Report on status of sexual assault kits. On an annual basis, using
2information collected under s. 165.845 (1) (a), the department of justice shall submit
3to the legislature for distribution under s. 13.172 (2) a report that includes all of the
4following information for that year:
SB809,12,5 5(1) The total number of sexual assault kits collected in Wisconsin.
SB809,12,6 6(2) The date that each sexual assault kit was collected.
SB809,12,8 7(3) The number of sexual assault kits submitted to the crime laboratories for
8analysis.
SB809,12,10 9(4) The date of submission of each sexual assault kit submitted to the crime
10laboratories.
SB809,12,12 11(5) The date of analysis of each sexual assault kit submitted to the crime
12laboratories.
SB809,12,14 13(6) The number of sexual assault kits that were submitted to the crime
14laboratories for analysis that have not yet been analyzed.
SB809,12,16 15(7) For each unanalyzed sexual assault kit, the reason the kit has not been
16analyzed.
SB809,12,19 17(8) The number of sexual assault kits that identified a foreign deoxyribonucleic
18acid profile, the number of such profiles uploaded into the combined deoxyribonucleic
19acid index system, and the number of such profiles that match a profile in the system.
SB809,12,20 20(9) The number of sexual assault kits associated with further investigations.
SB809,12,23 21(10) The number of criminal cases filed, the number of such active cases, and
22the number of such cases with dispositions resulting from the analysis of sexual
23assault kits.
SB809,13,3
1(11) Any recommendations for statutory changes necessary to ensure that
2department practices regarding sexual assault kits conform with changes in
3technology and scientific best practices.
SB809,19 4Section 19 . 175.405 of the statutes is repealed.
SB809,20 5Section 20 . 175.408 of the statutes is created to read:
SB809,13,7 6175.408 Citizenship of individuals arrested for sexual assault. (1) In
7this section:
SB809,13,88 (a) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b).
SB809,13,99 (b) “Sexual assault” has the meaning given in s. 165.93 (1) (b).
SB809,13,12 10(2) If a person arrested for a sexual assault is not a U.S. citizen and is not
11authorized to be in the United States under federal law, the law enforcement agency
12shall notify U.S. immigration and customs enforcement.
SB809,21 13Section 21 . 895.537 of the statutes is created to read:
SB809,13,15 14895.537 Liability exemption; sexual assault evidence collection. (1) In
15this section:
SB809,13,1616 (a) “Health care professional” has the meaning given in s. 154.01 (3).
SB809,13,1817 (b) “Sexual assault forensic examination” has the meaning given in s. 165.775
18(1) (d).
SB809,13,22 19(2) Any health care professional conducting a sexual assault forensic
20examination pursuant to informed consent or a court order is immune from any civil
21or criminal liability for the act, except for civil liability for negligence in the
22performance of the act.
SB809,13,25 23(3) Any employer of the person under sub. (2) or any health care facility where
24the sexual assault forensic examination is conducted by that person has the same
25immunity from liability under sub (2).
SB809,22
1Section 22. 949.20 (3) of the statutes is amended to read:
SB809,14,122 949.20 (3) “Examination costs" means the costs of an examination that is done
3to gather evidence regarding a sex offense,; any procedure during that examination
4process that tests for or prevents a sexually transmitted disease , and; any medication
5provided or prescribed, during that examination process, that prevents or treats a
6sexually transmitted disease that the person performing the examination or
7procedure believes could be a consequence of the sex offense, including
8post-exposure prophylaxis; and a pregnancy test, to be administered at a time when
9a pregnancy could be detected, if the person performing the examination or
10procedure believes that pregnancy could be a consequence of the sex offense
.
11“Examination costs" does not include any processing or administrative costs,
12attorney fees, or other expenses.
SB809,23 13Section 23 . 949.23 of the statutes is created to read:
SB809,14,15 14949.23 Victims rights. A health care provider conducting an examination to
15gather evidence regarding a sex offense shall do all of the following:
SB809,14,18 16(1) Inform the victim, orally and, using a form provided by the department of
17justice, in writing, of his or her rights under ss. 950.04 (1v) (ag), (bm), (c), (d), and (em)
18and 950.043.
SB809,14,20 19(2) If facilities are available, provide to the victim an opportunity to bathe
20immediately following the examination.
SB809,24 21Section 24 . 950.02 (3t) of the statutes is created to read:
SB809,14,2522 950.02 (3t) “Sexual assault victim” means an individual against whom a crime
23has been committed under s. 940.22, 940.225 (1) to (3m), 948.02 (1) or (2), 948.025,
24948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.08, 948.085, 948.095, 948.10,
25948.11 (2) (a) or (am), or 948.12, or s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
SB809,25
1Section 25. 950.03 of the statutes is renumbered 950.03 (1).
SB809,26 2Section 26 . 950.03 (2) of the statutes is created to read:
SB809,15,73 950.03 (2) Notwithstanding sub. (1), a sexual assault victim has the rights and
4is eligible for the services under this chapter regardless of whether the crime has
5been reported to law enforcement authorities. A victim of sexual assault is under no
6obligation to seek medical attention, to have a sexual assault forensic examination
7administered, or to report the sexual assault to law enforcement authorities.
SB809,27 8Section 27 . 950.04 (1v) (dL) of the statutes is renumbered 950.043 (10).
SB809,28 9Section 28 . 950.043 of the statutes is created to read:
SB809,15,12 10950.043 Bill of rights for victims of sexual assault. In addition to the
11rights of victims under ss. 950.04 and 950.045, sexual assault victims have all of the
12following rights:
SB809,15,15 13(1) To receive at no charge a sexual assault forensic examination performed by
14a department-certified sexual assault nurse or another health care professional
15with similar training.
SB809,15,18 16(2) To receive oral and written information about his or her rights as a sexual
17assault victim at the time he or she seeks medical attention following a sexual
18assault, as provided under ss. 50.378 (1m) and 949.23 (1).
SB809,15,20 19(3) If facilities are available, to bathe immediately following a sexual assault
20forensic examination.
SB809,15,21 21(4) To report or decline to report the sexual assault to a law enforcement agency.
SB809,15,24 22(5) To have any evidence collected in a sexual assault forensic examination
23transported to the state crime laboratories for storage or testing or both, as provided
24under s. 165.775.
SB809,16,4
1(6) If the victim chooses not to cooperate with a law enforcement agency, as
2defined in s. 949.20 (1), to have all evidence collected in a sexual assault forensic
3examination stored for 50 years, during which time the sexual assault victim may
4choose to report the assault to a law enforcement agency.
SB809,16,9 5(7) If the victim chooses to cooperate with a law enforcement agency, as defined
6in s. 949.20 (1), and no conviction results from the sexual assault forensic
7examination, state crime laboratory testing, and subsequent law enforcement
8agency investigation, to have all evidence collected in the sexual assault forensic
9examination stored for 50 years.
SB809,16,15 10(8) If the victim chooses to cooperate with a law enforcement agency, as defined
11in s. 949.20 (1), and a conviction results from the sexual assault forensic
12examination, state crime laboratory testing, and subsequent law enforcement
13agency investigation, to have all evidence collected in the sexual assault forensic
14examination stored until the end of the term of imprisonment or probation of the
15person who was convicted of the sexual assault.
SB809,16,18 16(9) To have the department of justice make a reasonable attempt to notify him
17or her in writing 60 days prior to the destruction of any evidence acquired from a
18sexual assault forensic examination, as provided in s. 165.25 (20).
SB809,29 19Section 29 . 968.205 (3) (intro.) of the statutes is amended to read:
SB809,16,2320 968.205 (3) (intro.) Subject Except in sexual assault cases, subject to sub. (5),
21a law enforcement agency may destroy evidence that includes biological material
22before the expiration of the time period specified in sub. (2) if all of the following
23apply:
SB809,30 24Section 30 . 973.06 (1) (i) of the statutes is created to read:
SB809,17,2
1973.06 (1) (i) The cost of administration of any sexual assault kit under s.
2165.775 that was administered in the case.
SB809,31 3Section 31 . Nonstatutory provisions.
SB809,17,124 (1) Within 180 days of the effective date of this subsection, the department of
5justice shall promulgate emergency rules under s. 227.24 to implement s. 165.775 for
6the period before the effective date of the permanent rules but not to exceed the
7period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2).
8Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to
9provide evidence that promulgating a rule under this subsection as an emergency
10rule is necessary for the preservation of the public peace, health, safety, or welfare
11and is not required to provide a finding of emergency for a rule promulgated under
12this subsection.
SB809,17,1913 (2) Within 180 days of the effective date of this subsection, the department of
14justice shall conduct an audit of all sexual assault kits and submit to the legislature
15for distribution under s. 13.172 (2) a report that includes all of the following
16information: the number of sexual assault kits submitted to the state crime
17laboratories that have not yet been analyzed, the number of sexual assault kits not
18submitted to the state crime laboratories that remain in law enforcement custody,
19and the reasons those sexual assault kits were not submitted for analysis.
SB809,32 20Section 32. Effective dates. This act takes effect on the day after publication,
21except as follows:
SB809,17,2422 (1) The treatment of ss. 165.77 (7), 165.775 (1) to (6), 165.845 (title), (1) (a), (b),
23and (d), and (2), 175.405, and 895.537 takes effect on the first day of the 7th month
24beginning after publication.
SB809,17,2525 (End)
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