SB111,1263,23 22(4) Review and make recommendations regarding sentences for violations
23committed by individuals age 18 to 25.
SB111,2305 24Section 2305 . 165.63 (3) of the statutes is amended to read:
SB111,1264,4
1165.63 (3) Requests from courts. In making a determination required under
2s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner
3shall request information under sub. (2) from the department or from a law
4enforcement agency or law enforcement officer as provided in sub. (4) (d).
SB111,2306 5Section 2306 . 165.63 (4) (d) of the statutes is amended to read:
SB111,1264,86 165.63 (4) (d) Aid the court in making a determination required under s.
7813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a
8determination required under s. 968.20 (1m) (d) 2.
SB111,2307 9Section 2307 . 165.77 (7) of the statutes is repealed.
SB111,2308 10Section 2308 . 165.775 of the statutes is created to read:
SB111,1264,11 11165.775 Sexual assault kits. (1) In this section:
SB111,1264,1212 (a) “Department” means the department of justice.
SB111,1264,1313 (b) “Health care professional" has the meaning given in s. 154.01 (3).
SB111,1264,1414 (c) “Sex offense” has the meaning given in s. 949.20 (7).
SB111,1264,1615 (d) “Sexual assault forensic examination” means an examination performed by
16a health care professional to gather evidence regarding a sex offense.
SB111,1264,1817 (e) “Sexual assault kit” means the evidence collected from a sexual assault
18forensic examination.
SB111,1264,2019 (f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1)
20(c).
SB111,1264,23 21(2) Whenever a health care professional conducts a sexual assault forensic
22examination and collects a sexual assault kit, the health care professional shall do
23one of the following:
SB111,1265,3
1(a) If the victim chooses to report the sexual assault to a Wisconsin law
2enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin
3law enforcement agency within 24 hours after collecting the sexual assault kit.
SB111,1265,84 (b) If the victim chooses not to report the sexual assault to a Wisconsin law
5enforcement agency, and reporting is not required under s. 48.981 (2), send the
6sexual assault kit to the state crime laboratories for storage in accordance with the
7procedures specified in the rules promulgated under sub. (6) within 72 hours after
8collecting the sexual assault kit.
SB111,1265,10 9(3) If a Wisconsin law enforcement agency receives notification under sub. (2)
10(a), it shall do all of the following:
SB111,1265,1211 (a) Take possession of the sexual assault kit from the health care professional
12within 72 hours after receiving the notification.
SB111,1265,1613 (b) Except as provided in par. (c), send the sexual assault kit to the state crime
14laboratories for processing in accordance with the procedures specified in the rules
15promulgated under sub. (6) within 14 days after taking possession of the sexual
16assault kit.
SB111,1265,2317 (c) If the Wisconsin law enforcement agency, after taking possession of the
18sexual assault kit under par. (a) but before sending the sexual assault kit under par.
19(b), receives notification from the victim that the victim does not want to proceed with
20the analysis of his or her sexual assault kit, send the sexual assault kit to the state
21crime laboratories for storage in accordance with the procedures specified in the
22rules promulgated under sub. (6) within 14 days after taking possession of the sexual
23assault kit.
SB111,1265,25 24(4) If the state crime laboratories takes possession of a sexual assault kit, it
25shall do all of the following:
SB111,1266,5
1(a) If the victim chooses not to report the sexual assault to a Wisconsin law
2enforcement agency and thus has not consented to the analysis of his or her sexual
3assault kit, securely store the sexual assault kit for a period of 10 years, during which
4time the sexual assault victim may choose to report the assault to a Wisconsin law
5enforcement agency.
SB111,1266,96 (b) If the victim chooses to report the sexual assault to a Wisconsin law
7enforcement agency and thus has consented to the analysis of his or her sexual
8assault kit, process the kit in accordance with the procedures specified in the rules
9promulgated under sub. (6).
SB111,1266,15 10(5) If a law enforcement agency takes possession of a sexual assault kit after
11it has been processed by the state crime laboratories, notwithstanding s. 968.205, it
12shall securely store the sexual assault kit for a period of 50 years, or until the date
13of the expiration of the statute of limitations, or until the end of the term of
14imprisonment or probation of a person who was convicted in the sexual assault case,
15whichever is longer.
SB111,1266,16 16(6) The department shall promulgate rules to administer this section.
SB111,2309 17Section 2309 . 165.83 (1) (c) 1. of the statutes is amended to read:
SB111,1266,1918 165.83 (1) (c) 1. An act that is committed by a person who has attained the age
19of 17
an adult and that is a felony or a misdemeanor.
SB111,2310 20Section 2310 . 165.83 (1) (c) 2. of the statutes is amended to read: