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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.
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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.
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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:
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(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.
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(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.
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13(7) The department shall promulgate rules to administer this section.
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14Section 12
. 165.788 of the statutes is created to read:
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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).
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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.
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20Section 13
. 165.845 (title) of the statutes is amended to read:
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21165.845 (title)
Collect crime
and criminal justice data.
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22Section 14
. 165.845 (1) (a) of the statutes is amended to read:
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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.
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7Section 15
. 165.845 (1) (b) of the statutes is amended to read:
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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.
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12Section 16
. 165.845 (1) (d) of the statutes is created to read: