AB68-SSA1,2351
8Section 2351
. 165.63 (4) (d) of the statutes is amended to read:
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165.63
(4) (d) Aid the court in making a determination required under s.
10813.124 (7) (a), 813.1285 (7) (a)
, or 968.20 (1m) (d) 1. or aid an entity in making a
11determination required under s. 968.20 (1m) (d) 2.
AB68-SSA1,2352
12Section
2352. 165.77 (7) of the statutes is repealed.
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13Section 2353
. 165.775 of the statutes is created to read:
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14165.775 Sexual assault kits. (1) In this section:
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(a) “Department” means the department of justice.
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(b) “Health care professional" has the meaning given in s. 154.01 (3).
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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
19a health care professional to gather evidence regarding a sex offense.
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(e) “Sexual assault kit” means the evidence collected from a sexual assault
21forensic examination.
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(f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1)
23(c).
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1(2) Whenever a health care professional conducts a sexual assault forensic
2examination and collects a sexual assault kit, the health care professional shall do
3one of the following:
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(a) If the victim chooses to report the sexual assault to a Wisconsin law
5enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin
6law 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
8enforcement agency, and reporting is not required under s. 48.981 (2), send the
9sexual assault kit to the state crime laboratories for storage in accordance with the
10procedures specified in the rules promulgated under sub. (6) within 72 hours after
11collecting the sexual assault kit.
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12(3) If a Wisconsin law enforcement agency receives notification under sub. (2)
13(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
15within 72 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
17laboratories for processing in accordance with the procedures specified in the rules
18promulgated under sub. (6) within 14 days after taking possession of the sexual
19assault kit.
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(c) If the Wisconsin law enforcement agency, after taking possession of the
21sexual assault kit under par. (a) but before sending the sexual assault kit under par.
22(b), receives notification from the victim that the victim does not want to proceed with
23the analysis of his or her sexual assault kit, send the sexual assault kit to the state
24crime laboratories for storage in accordance with the procedures specified in the
1rules promulgated under sub. (6) within 14 days after taking possession of the sexual
2assault kit.
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3(4) If the state crime laboratories takes possession of a sexual assault kit, it
4shall do all of the following:
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(a) If the victim chooses not to report the sexual assault to a Wisconsin law
6enforcement agency and thus has not consented to the analysis of his or her sexual
7assault kit, securely store the sexual assault kit for a period of 10 years, during which
8time the sexual assault victim may choose to report the assault to a Wisconsin law
9enforcement agency.
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(b) If the victim chooses to report the sexual assault to a Wisconsin law
11enforcement agency and thus has consented to the analysis of his or her sexual
12assault kit, process the kit in accordance with the procedures specified in the rules
13promulgated under sub. (6).
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14(5) If a law enforcement agency takes possession of a sexual assault kit after
15it has been processed by the state crime laboratories, notwithstanding s. 968.205, it
16shall securely store the sexual assault kit for a period of 50 years, or until the date
17of the expiration of the statute of limitations, or until the end of the term of
18imprisonment or probation of a person who was convicted in the sexual assault case,
19whichever is longer.
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20(6) The department shall promulgate rules to administer this section.
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21Section 2354
. 165.83 (1) (c) 1. of the statutes is amended to read:
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165.83
(1) (c) 1. An act that is committed by
a person who has attained the age
23of 17 an adult and that is a felony or a misdemeanor.
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24Section 2355
. 165.83 (1) (c) 2. of the statutes is amended to read:
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1165.83
(1) (c) 2. An act that is committed by a
person minor who has attained
2the age of 10
but who has not attained the age of 17 and that would be a felony or
3misdemeanor if committed by an adult.
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4Section 2356
. 165.842 of the statutes is created to read:
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5165.842 Motor vehicle stops; collection and analysis of information;
6annual report. (1) Definitions. In this section: