SB809-SSA1,1,9 An Act to repeal 165.77 (7) and 175.405; to renumber 950.03 and 950.04 (1v) (dL); to amend 165.845 (title), 165.845 (1) (a), 165.845 (1) (b), 165.845 (2), 949.20 (3) and 968.205 (3) (intro.); and to create 50.378 (1m), 100.58, 165.25 (20), 165.775, 165.776, 165.845 (1) (d), 165.847, 895.537, 949.23, 950.02 (3t), 950.03 (2), 950.043 and 973.06 (1) (i) of the statutes; relating to: creating a sexual assault victim bill of rights; collection and reporting of data regarding sexual assault kits; storage and processing of sexual assault kits; tracking of sexual assault kits in sexual assault cases; and requiring the exercise of rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB809-SSA1,1 Section 1 . 50.378 (1m) of the statutes is created to read:

SB809-SSA1,2,3 50.378 (1m) Notification of victim rights. A hospital that provides emergency services to a victim of sexual assault, human trafficking, or child sexual abuse shall inform the victim of his or her rights under ss. 950.04 (1v) (ag), (bm), (c), (d), and (em) and 950.043 orally and, using a form provided by the department of justice, in writing.

SB809-SSA1,2 Section 2 . 100.58 of the statutes is created to read:

SB809-SSA1,2,6 100.58 At-home sexual assault evidence collection kits. (1) In this section:

SB809-SSA1,2,9 (a) “At-home sexual assault evidence collection kit” means a kit that is intended for use by a person who is not a health care professional or employee of a law enforcement agency to collect forensic evidence regarding a sex offense.

SB809-SSA1,2,11 (b) “Health care professional” means a person licensed, certified, or registered under ch. 441, 448, or 455.

SB809-SSA1,2,12 (c) “Sex offense” has the meaning given in s. 949.20 (7).

SB809-SSA1,2,14 (2) No person may sell or offer for sale in this state an at-home sexual assault evidence collection kit.

SB809-SSA1,3 Section 3. 165.25 (20) of the statutes is created to read:

SB809-SSA1,2,18 165.25 (20) Sexual assault victim notice. Ensure that law enforcement agencies notify a sexual assault victim from whom a sexual assault kit, as defined in s. 165.775 (1) (e), was collected, of all of the following:

SB809-SSA1,2,19 (a) If the sexual assault kit is analyzed, the results of the analysis.

SB809-SSA1,2,22 (b) If the sexual assault kit is analyzed and analysis identifies a foreign deoxyribonucleic acid profile, the occurrence of any future sexual assault kit analysis that identifies a matching foreign deoxyribonucleic acid profile.

SB809-SSA1,2,24 (c) At least 60 days before the end of the storage period under s. 165.775 (5), the date on which the person's sexual assault kit will be destroyed.

SB809-SSA1,4 Section 4. 165.77 (7) of the statutes is repealed.

SB809-SSA1,5 Section 5. 165.775 of the statutes is created to read:

SB809-SSA1,3,2 165.775 Sexual assault kits. (1) In this section:

SB809-SSA1,3,3 (a) “Department” means the department of justice.

SB809-SSA1,3,4 (b) “Health care professional" has the meaning given in s. 154.01 (3).

SB809-SSA1,3,5 (c) “Sex offense” has the meaning given in s. 949.20 (7).

SB809-SSA1,3,7 (d) “Sexual assault forensic examination” means an examination performed by a health care professional to gather evidence regarding a sex offense.

SB809-SSA1,3,9 (e) “Sexual assault kit” means the evidence collected from a sexual assault forensic examination.

SB809-SSA1,3,11 (f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1) (c).

SB809-SSA1,3,14 (2) Whenever a health care professional conducts a sexual assault forensic examination and collects a sexual assault kit, the health care professional shall do one of the following:

SB809-SSA1,3,17 (a) If the victim chooses to report the sexual assault to a Wisconsin law enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin law enforcement agency within 24 hours after collecting the sexual assault kit.

SB809-SSA1,3,22 (b) If the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency, and reporting is not required under s. 48.981 (2), send the sexual assault kit to the state crime laboratories for storage in accordance with the procedures specified in the rules promulgated under sub. (7) no more than 2 business days after collecting the sexual assault kit.

SB809-SSA1,3,24 (3) If a Wisconsin law enforcement agency receives notification under sub. (2) (a), it shall do all of the following:

SB809-SSA1,4,2 (a) Take possession of the sexual assault kit from the health care professional within 72 hours after receiving the notification.