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119.23
(3g) (a) 1. Notwithstanding sub. (2), a pupil in grades kindergarten to
1312 who resides within the city and is a victim may attend a participating private
14school under this section.
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2. Notwithstanding sub. (2), a pupil in grades kindergarten to 12 who resides
16in a school district, other than an eligible school district or a 1st class city school
17district, and is a victim may attend a participating private school under this section.
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(b) 1. Notwithstanding sub. (3), the parent of a pupil under par. (a) who wishes
19to attend a participating private school under this section may, in lieu of applying
20under sub. (3), submit an application under this subsection, on a form provided by
21the department, at any time during the school year.
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2. If a participating private school receives an application under subd. 1. the
23participating private school shall notify the applicant, in writing, whether it has
24accepted the application no later than 60 days after receiving the application. A
25participating private school may reject an applicant under this paragraph only if the
1participating private school has reached its maximum general capacity or seating
2capacity. If a participating private school rejects an application, the participating
3private school shall include the reason in the written notice.
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3. If an application is accepted by a participating private school under this
5paragraph, the pupil may immediately begin attending the participating private
6school.
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7Section
9. 165.25 (20) of the statutes is created to read:
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165.25
(20) Sexual assault victim notice. On behalf of the state crime
9laboratories and law enforcement agencies, notify a sexual assault victim from whom
10a sexual assault kit, as defined in s. 165.775 (1) (e), was collected, of all of the
11following:
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(a) If the sexual assault kit is analyzed, the results of the analysis.
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(b) If the sexual assault kit is analyzed and analysis identifies a foreign
14deoxyribonucleic acid profile, the occurrence of any future sexual assault kit analysis
15that identifies a matching foreign deoxyribonucleic acid profile.
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(c) At least 60 days before the end of the storage period under s. 165.775 (4) (a)
17or (5), the date on which the person's sexual assault kit will be destroyed.
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18Section
10. 165.77 (7) of the statutes is repealed.
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19Section 11
. 165.775 of the statutes is created to read:
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20165.775 Sexual assault kits.
(1) In this section:
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(a) “Department” means the department of justice.
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(b) “Health care professional" has the meaning given in s. 154.01 (3).
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(c) “Sex offense” has the meaning given in s. 949.20 (7).
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(d) “Sexual assault forensic examination” means an examination performed by
25a health care professional to gather evidence regarding a sex offense.
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1(e) “Sexual assault kit” means the evidence collected from a sexual assault
2forensic examination.
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(f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1)
4(c).
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5(2) Whenever a health care professional conducts a sexual assault forensic
6examination and collects a sexual assault kit, the health care professional shall do
7one of the following:
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(a) If the victim chooses to report the sexual assault to a Wisconsin law
9enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin
10law enforcement agency within 24 hours after collecting the sexual assault kit.
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(b) If the victim chooses not to report the sexual assault to a Wisconsin law
12enforcement agency, and reporting is not required under s. 48.981 (2), send the
13sexual assault kit to the state crime laboratories for storage in accordance with the
14procedures specified in the rules promulgated under sub. (7) no more than 2 business
15days after collecting the sexual assault kit.
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16(3) If a Wisconsin law enforcement agency receives notification under sub. (2)
17(a), it shall do all of the following:
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(a) Take possession of the sexual assault kit from the health care professional
19within 48 hours after receiving the notification.
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(b) Except as provided in par. (c), send the sexual assault kit to the state crime
21laboratories for processing in accordance with the procedures specified in the rules
22promulgated under sub. (7) no less than 48 hours and no more than 7 days after
23taking possession of the sexual assault kit.
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(c) If the Wisconsin law enforcement agency, after taking possession of the
25sexual assault kit under par. (a) but before sending the sexual assault kit under par.
1(b), receives notification from the victim that the victim does not want to proceed with
2the analysis of his or her sexual assault kit, send the sexual assault kit to the state
3crime laboratories for storage in accordance with the procedures specified in the
4rules promulgated under sub. (7) within 7 days after taking possession of the sexual
5assault kit.
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6(4) If the state crime laboratories takes possession of a sexual assault kit, it
7shall do all of the following:
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(a) If the victim chooses not to report the sexual assault to a Wisconsin law
9enforcement agency and thus has not consented to the analysis of his or her sexual
10assault kit, securely store the sexual assault kit for 50 years, during which time the
11sexual assault victim may choose to report the assault to a Wisconsin law
12enforcement agency.
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(b) If the victim chooses to report the sexual assault to a Wisconsin law
14enforcement agency and thus has consented to the analysis of his or her sexual
15assault kit, process the kit in accordance with the procedures specified in the rules
16promulgated under sub. (7) within 90 days after taking possession of the sexual
17assault kit.