SB809-SSA1,2 4Section 2 . 100.58 of the statutes is created to read:
SB809-SSA1,2,6 5100.58 At-home sexual assault evidence collection kits. (1) In this
6section:
SB809-SSA1,2,97 (a) “At-home sexual assault evidence collection kit” means a kit that is
8intended for use by a person who is not a health care professional or employee of a
9law enforcement agency to collect forensic evidence regarding a sex offense.
SB809-SSA1,2,1110 (b) “Health care professional” means a person licensed, certified, or registered
11under ch. 441, 448, or 455.
SB809-SSA1,2,1212 (c) “Sex offense” has the meaning given in s. 949.20 (7).
SB809-SSA1,2,14 13(2) No person may sell or offer for sale in this state an at-home sexual assault
14evidence collection kit.
SB809-SSA1,3 15Section 3. 165.25 (20) of the statutes is created to read:
SB809-SSA1,2,1816 165.25 (20) Sexual assault victim notice. Ensure that law enforcement
17agencies notify a sexual assault victim from whom a sexual assault kit, as defined
18in s. 165.775 (1) (e), was collected, of all of the following:
SB809-SSA1,2,1919 (a) If the sexual assault kit is analyzed, the results of the analysis.
SB809-SSA1,2,2220 (b) If the sexual assault kit is analyzed and analysis identifies a foreign
21deoxyribonucleic acid profile, the occurrence of any future sexual assault kit analysis
22that identifies a matching foreign deoxyribonucleic acid profile.
SB809-SSA1,2,2423 (c) At least 60 days before the end of the storage period under s. 165.775 (5),
24the date on which the person's sexual assault kit will be destroyed.
SB809-SSA1,4 25Section 4. 165.77 (7) of the statutes is repealed.
SB809-SSA1,5
1Section 5. 165.775 of the statutes is created to read:
SB809-SSA1,3,2 2165.775 Sexual assault kits. (1) In this section:
SB809-SSA1,3,33 (a) “Department” means the department of justice.
SB809-SSA1,3,44 (b) “Health care professional" has the meaning given in s. 154.01 (3).
SB809-SSA1,3,55 (c) “Sex offense” has the meaning given in s. 949.20 (7).
SB809-SSA1,3,76 (d) “Sexual assault forensic examination” means an examination performed by
7a health care professional to gather evidence regarding a sex offense.
SB809-SSA1,3,98 (e) “Sexual assault kit” means the evidence collected from a sexual assault
9forensic examination.
SB809-SSA1,3,1110 (f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1)
11(c).
SB809-SSA1,3,14 12(2) Whenever a health care professional conducts a sexual assault forensic
13examination and collects a sexual assault kit, the health care professional shall do
14one of the following:
SB809-SSA1,3,1715 (a) If the victim chooses to report the sexual assault to a Wisconsin law
16enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin
17law enforcement agency within 24 hours after collecting the sexual assault kit.
SB809-SSA1,3,2218 (b) If the victim chooses not to report the sexual assault to a Wisconsin law
19enforcement agency, and reporting is not required under s. 48.981 (2), send the
20sexual assault kit to the state crime laboratories for storage in accordance with the
21procedures specified in the rules promulgated under sub. (7) no more than 2 business
22days after collecting the sexual assault kit.
SB809-SSA1,3,24 23(3) If a Wisconsin law enforcement agency receives notification under sub. (2)
24(a), it shall do all of the following:
SB809-SSA1,4,2
1(a) Take possession of the sexual assault kit from the health care professional
2within 72 hours after receiving the notification.
SB809-SSA1,4,63 (b) Except as provided in par. (c), send the sexual assault kit to the state crime
4laboratories for processing in accordance with the procedures specified in the rules
5promulgated under sub. (7) within 14 days after taking possession of the sexual
6assault kit.
SB809-SSA1,4,137 (c) If the Wisconsin law enforcement agency, after taking possession of the
8sexual assault kit under par. (a) but before sending the sexual assault kit under par.
9(b), receives notification from the victim that the victim does not want to proceed with
10the analysis of his or her sexual assault kit, send the sexual assault kit to the state
11crime laboratories for storage in accordance with the procedures specified in the
12rules promulgated under sub. (7) within 14 days after taking possession of the sexual
13assault kit.
SB809-SSA1,4,15 14(4) If the state crime laboratories takes possession of a sexual assault kit, it
15shall do all of the following:
SB809-SSA1,4,2016 (a) If the victim chooses not to report the sexual assault to a Wisconsin law
17enforcement agency and thus has not consented to the analysis of his or her sexual
18assault kit, securely store the sexual assault kit for 50 years, during which time the
19sexual assault victim may choose to report the assault to a Wisconsin law
20enforcement agency.