SB809,16,23 968.205 (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:

SB809,30 Section 30 . 973.06 (1) (i) of the statutes is created to read:

SB809,17,2 973.06 (1) (i) The cost of administration of any sexual assault kit under s. 165.775 that was administered in the case.

SB809,31 Section 31 . Nonstatutory provisions.

SB809,17,12 (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.

SB809,17,19 (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.

SB809,32 Section 32. Effective dates. This act takes effect on the day after publication, except as follows:

SB809,17,24 (1) The treatment of ss. 165.77 (7), 165.775 (1) to (6), 165.845 (title), (1) (a), (b), and (d), and (2), 175.405, and 895.537 takes effect on the first day of the 7th month beginning after publication.

SB809,17,25 (End)