AB844,7,11 165.25 (20) Sexual assault victim notice. On behalf of the state crime laboratories and 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:

AB844,7,12 (a) If the sexual assault kit is analyzed, the results of the analysis.

AB844,7,15 (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.

AB844,7,17 (c) At least 60 days before the end of the storage period under s. 165.775 (4) (a) or (5), the date on which the person's sexual assault kit will be destroyed.

AB844,10 Section 10. 165.77 (7) of the statutes is repealed.

AB844,11 Section 11 . 165.775 of the statutes is created to read:

AB844,7,20 165.775 Sexual assault kits. (1) In this section:

AB844,7,21 (a) “Department” means the department of justice.

AB844,7,22 (b) “Health care professional" has the meaning given in s. 154.01 (3).

AB844,7,23 (c) “Sex offense” has the meaning given in s. 949.20 (7).

AB844,7,25 (d) “Sexual assault forensic examination” means an examination performed by a health care professional to gather evidence regarding a sex offense.

AB844,8,2 (e) “Sexual assault kit” means the evidence collected from a sexual assault forensic examination.

AB844,8,4 (f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1) (c).

AB844,8,7 (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:

AB844,8,10 (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.

AB844,8,15 (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.

AB844,8,17 (3) If a Wisconsin law enforcement agency receives notification under sub. (2) (a), it shall do all of the following:

AB844,8,19 (a) Take possession of the sexual assault kit from the health care professional within 48 hours after receiving the notification.

AB844,8,23 (b) Except as provided in par. (c), send the sexual assault kit to the state crime laboratories for processing in accordance with the procedures specified in the rules promulgated under sub. (7) no less than 48 hours and no more than 7 days after taking possession of the sexual assault kit.

AB844,9,5 (c) If the Wisconsin law enforcement agency, after taking possession of the sexual assault kit under par. (a) but before sending the sexual assault kit under par. (b), receives notification from the victim that the victim does not want to proceed with the analysis of his or her sexual assault kit, 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) within 7 days after taking possession of the sexual assault kit.

AB844,9,7 (4) If the state crime laboratories takes possession of a sexual assault kit, it shall do all of the following:

AB844,9,12 (a) If the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency and thus has not consented to the analysis of his or her sexual assault kit, securely store the sexual assault kit for 50 years, during which time the sexual assault victim may choose to report the assault to a Wisconsin law enforcement agency.

AB844,9,17 (b) If the victim chooses to report the sexual assault to a Wisconsin law enforcement agency and thus has consented to the analysis of his or her sexual assault kit, process the kit in accordance with the procedures specified in the rules promulgated under sub. (7) within 90 days after taking possession of the sexual assault kit.

AB844,9,22 (5) After the state crime laboratories have processed a sexual assault kit, notwithstanding s. 968.205, it shall securely store the sexual assault kit for 50 years, until the date of the expiration of the statute of limitations, or until the end of the term of imprisonment or probation of a person who was convicted in the sexual assault case, whichever is longest.

AB844,9,25 (6) The department shall establish a data bank, which shall be known as the Wisconsin Sexual Assault Kit Tracking System, for the purpose of providing victims of alleged or suspected sexual assault access to information about the status of any sexual assault kit the victim has provided. The data bank shall use electronic technologies to allow continuous, ongoing access to do all of the following:

AB844,10,8 (a) Allow health care professionals collecting sexual assault kits, forensic laboratories, law enforcement agencies, prosecutors, and the department to update and track the location and status of sexual assault kits throughout the criminal justice process, including the initial collection of evidence, receipt and storage at law enforcement agencies, receipt and analysis at forensic laboratories, and storage and any destruction after completion of analysis.

AB844,10,12 (b) Allow a victim of sexual assault to anonymously track or receive updates regarding the location and status of the victim's sexual assault kit throughout the criminal justice process. Notwithstanding s. 165.79 (1), a victim may receive information and analyses of evidence obtained from the victim's sexual assault kit.

AB844,10,13 (7) The department shall promulgate rules to administer this section.

AB844,12 Section 12 . 165.788 of the statutes is created to read: