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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.
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24Section
18. 165.847 of the statutes is created to read:
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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:
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5(1) The total number of sexual assault kits collected in Wisconsin.
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6(2) The date that each sexual assault kit was collected.
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7(3) The number of sexual assault kits submitted to the crime laboratories for
8analysis.
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9(4) The date of submission of each sexual assault kit submitted to the crime
10laboratories.
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11(5) The date of analysis of each sexual assault kit submitted to the crime
12laboratories.
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13(6) The number of sexual assault kits that were submitted to the crime
14laboratories for analysis that have not yet been analyzed.
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15(7) For each unanalyzed sexual assault kit, the reason the kit has not been
16analyzed.
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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.
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20(9) The number of sexual assault kits associated with further investigations.
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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.
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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.
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4Section 19
. 175.405 of the statutes is repealed.
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5Section 20
. 175.408 of the statutes is created to read:
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6175.408 Citizenship of individuals arrested for sexual assault. (1) In
7this section:
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(a) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b).
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(b) “Sexual assault” has the meaning given in s. 165.93 (1) (b).
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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.
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13Section 21
. 895.537 of the statutes is created to read:
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14895.537 Liability exemption; sexual assault evidence collection. (1) In
15this 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
18(1) (d).
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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.
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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).
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1Section
22. 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
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.
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13Section 23
. 949.23 of the statutes is created to read: