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5(8) The number of sexual assault kits that identified a foreign deoxyribonucleic
6acid profile, the number of such profiles uploaded into the combined deoxyribonucleic
7acid index system, and the number of such profiles that match a profile in the system.
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8(9) The number of sexual assault kits associated with further investigations.
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9(10) The number of criminal cases filed, the number of such active cases, and
10the number of such cases with dispositions resulting from the analysis of sexual
11assault kits.
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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.
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15Section 13
. 175.405 of the statutes is repealed.
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16Section 14
. 895.537 of the statutes is created to read:
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17895.537 Liability exemption; sexual assault evidence collection. (1) In
18this section:
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(a) “Health care professional” has the meaning given in s. 154.01 (3).
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(b) “Sexual assault forensic examination” has the meaning given in s. 165.775
21(1) (d).
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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.
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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).
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4Section 15
. 949.20 (3) of the statutes is amended to read:
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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.
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16Section 16
. 949.23 of the statutes is created to read:
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17949.23 Victims rights. A health care provider conducting an examination to
18gather evidence regarding a sex offense shall do all of the following:
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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.
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22(2) If facilities are available, provide to the victim an opportunity to bathe
23immediately following the examination.
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24Section 17
. 950.02 (3t) of the statutes is created to read:
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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.
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5Section 18
. 950.03 of the statutes is renumbered 950.03 (1).
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6Section 19
. 950.03 (2) of the statutes is created to read:
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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.
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12Section 20
. 950.04 (1v) (dL) of the statutes is renumbered 950.043 (10).
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13Section 21
. 950.043 of the statutes is created to read:
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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:
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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.
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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).
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23(3) If facilities are available, to bathe immediately following a sexual assault
24forensic examination.
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25(4) To report or decline to report the sexual assault to a law enforcement agency.