May 15, 2019 - Introduced by Representatives Steffen, Sargent, Macco,
Thiesfeldt, C. Taylor, Ballweg, Bowen, Brandtjen, Brostoff, Considine,
Duchow, Hutton, Kerkman, Kitchens, Kulp, B. Meyers, Murphy, Mursau, L.
Myers, Ohnstad, Plumer, Pope, Quinn, Ramthun, Shankland, Sinicki,
Skowronski, Snyder, Spiros, Spreitzer, Subeck, Tittl, Tusler and Vining,
cosponsored by Senators Cowles, Schachtner, Darling, Carpenter, Hansen,
Johnson, Larson, Petrowski, Ringhand, Risser, Shilling, L. Taylor,
Wanggaard, Wirch and Smith. Referred to Committee on Health.

AB214,1,4 1An Act to repeal 165.77 (7) and 175.405; to amend 165.845 (title), 165.845 (1)
2(a), 165.845 (1) (b) and 165.845 (2); and to create 165.775, 165.845 (1) (d) and
3895.537 of the statutes; relating to: storage and processing of sexual assault
4kits and requiring the exercise of rule-making authority.

Under current law, there is no statutory procedure for the collection and
processing of sexual assault kits. This bill creates procedures for transmission,
processing, and storage of sexual assault kits. Under the bill, a health care
professional who collects a sexual assault kit must do one of the following: 1) if the
victim wants to report the sexual assault to law enforcement, the health care
professional must notify a law enforcement agency within 24 hours of collecting the
kit; or 2) if the victim does not want to report the sexual assault to law enforcement,
the health care professional must send the kit to the state crime laboratories within
72 hours for storage. Under the bill, if a law enforcement agency has received
notification from a health care professional that a kit has been collected, the law
enforcement agency must take possession of the kit within 72 hours, and must send
the kit to the state crime laboratories for processing within 14 days. If the victim
changes his or her mind about wanting to have his or her kit analyzed after it is given
to a law enforcement agency but before the agency sends the kit to the state crime
laboratories for processing, the agency must send the kit to the state crime
laboratories for storage rather than for processing.

Under the bill, once the state crime laboratories takes possession of a sexual
assault kit, it must do one of the following: 1) if it has received the kit of a person who
has not consented to analysis, securely store the kit for a period of ten years; or 2)
if it has received the kit of a person who has consented to analysis, process the kit
and then send it to a law enforcement agency to store the kit for a period of 50 years,
or until the date of the expiration of the statute of limitations, or until the end of a
term of imprisonment or probation of a person convicted in the sexual assault case,
whichever is longer.

Under current law, local law enforcement agencies report certain crime
statistics to the Department of Justice. This bill requires law enforcement agencies
to provide additional data to DOJ regarding sexual assault kits collected and
processed in Wisconsin in addition to the data currently being reported. This bill also
requires DOJ to publish data on law enforcement agency compliance with DOJ
reporting requirements.