AB352,2,32 50.375 (2) (b) (intro.) Orally inform Inform the victim orally and in writing of
3all of the following:
AB352,2 4Section 2 . 50.375 (2) (b) 4. of the statutes is created to read:
AB352,2,55 50.375 (2) (b) 4. All of his or her rights under ch. 950.
AB352,3 6Section 3 . 50.375 (2) (d) of the statutes is created to read:
AB352,2,97 50.375 (2) (d) If facilities are available, provide to the victim an opportunity to
8bathe immediately following any examination to gather evidence regarding the
9sexual assault.
AB352,4 10Section 4 . 50.378 (1m) of the statutes is created to read:
AB352,2,1311 50.378 (1m) Notification of victim rights. A hospital that provides emergency
12services to a victim shall inform the victim of all of his or her rights under ch. 950
13orally and in writing.
AB352,5 14Section 5. 165.25 (20) of the statutes is created to read:
AB352,2,1815 165.25 (20) Sexual assault victim notice. On behalf of the state crime
16laboratories, notify a sexual assault victim 60 days prior to the destruction of any
17evidence obtained through a sexual assault forensic examination that has been
18stored by the state crime laboratories.
AB352,6 19Section 6 . 165.77 (7) of the statutes is amended to read:
AB352,3,1020 165.77 (7) Whenever a Wisconsin law enforcement agency or a health care
21professional collects evidence in a case of alleged or suspected sexual assault, the

1agency or professional shall follow the procedures specified in the department's rules
2under sub. (8). The laboratories shall store the specimen for a period of 50 years in
3a case where the victim declines to cooperate with a law enforcement agency. The
4laboratories shall
perform, in a timely manner within 90 days, deoxyribonucleic acid
5analysis of specimens a specimen provided by a law enforcement agencies agency
6under sub. (2) in a case where the victim cooperates with the agency, then store the
7specimen for a period of 50 years or until the end of the term of imprisonment or
8probation of a person who is convicted of the sexual assault
. The laboratories shall
9not include data obtained from deoxyribonucleic acid analysis of those specimens in
10the data bank under sub. (3).
AB352,7 11Section 7 . 175.405 (title) of the statutes is amended to read:
AB352,3,13 12175.405 (title) Sexual assault; evidence where no suspect has been
13identified
.
AB352,8 14Section 8 . 175.405 (2) of the statutes is amended to read:
AB352,3,2015 175.405 (2) Whenever a Wisconsin law enforcement agency collects, in a case
16of alleged or suspected sexual assault, evidence upon which deoxyribonucleic acid
17analysis can be performed, and the person who committed the alleged or suspected
18sexual assault has not been identified,
the agency shall follow the procedures
19specified in s. 165.77 (8) and shall, in a timely manner, submit the evidence it collects
20to a crime laboratory, as identified in s. 165.75, for storage or testing or both.
AB352,9 21Section 9 . 950.02 (3t) of the statutes is created to read:
AB352,3,2522 950.02 (3t) “Sexual assault victim” means an individual against whom a crime
23has been committed under s. 940.22, 940.225 (1) to (3m), 948.02 (1) or (2), 948.025,
24948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.08, 948.085, 948.095, 948.10,
25948.11 (2) (a) or (am), or 948.12, or s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
AB352,10
1Section 10. 950.03 of the statutes is renumbered 950.03 (1).
AB352,11 2Section 11 . 950.03 (2) of the statutes is created to read:
AB352,4,73 950.03 (2) Notwithstanding sub. (1), a sexual assault victim has the rights and
4is eligible for the services under this chapter regardless of whether the crime has
5been reported to law enforcement authorities. A victim of sexual assault is under no
6obligation to seek medical attention, to have a sexual assault forensic examination
7administered, or to report the sexual assault to law enforcement authorities.
AB352,12 8Section 12 . 950.04 (1v) (dL) of the statutes is renumbered 950.043 (10).
AB352,13 9Section 13 . 950.043 of the statutes is created to read:
AB352,4,12 10950.043 Bill of rights for victims of sexual assault. In addition to the
11rights of victims under ss. 950.04 and 950.045, sexual assault victims have all of the
12following rights:
AB352,4,13 13(1) To receive a sexual assault forensic examination at no charge.
AB352,4,16 14(2) To receive oral and written information about his or her rights as a sexual
15assault victim at the time he or she seeks medical attention following a sexual
16assault, as provided under ss. 50.375 (2) and 50.378 (1m).
AB352,4,18 17(3) To receive or decline to receive a sexual assault forensic examination
18performed by a department-certified sexual assault nurse.
AB352,4,20 19(4) If facilities are available, to bathe immediately following a sexual assault
20forensic examination.
AB352,4,21 21(5) To report or decline to report the sexual assault to a law enforcement agency.
AB352,4,24 22(6) To have any evidence collected in a sexual assault forensic examination
23transported to the state crime laboratories for storage or testing or both, as provided
24under ss. 165.77 (7) and 175.405.
AB352,5,4
1(7) If the victim chooses not to cooperate with a law enforcement agency, as
2defined in s. 949.20 (1), to have all evidence collected in a sexual assault forensic
3examination stored for a period of 50 years, during which time the sexual assault
4victim may choose to report the assault to a law enforcement agency.
AB352,5,9 5(8) If the victim chooses to cooperate with a law enforcement agency, as defined
6in s. 949.20 (1), and no conviction results from the sexual assault forensic
7examination, state crime laboratory testing, and subsequent law enforcement
8agency investigation, to have all evidence collected in the sexual assault forensic
9examination stored for a period of 50 years.
AB352,5,15 10(9) If the victim chooses to cooperate with a law enforcement agency, as defined
11in s. 949.20 (1), and a conviction results from the sexual assault forensic
12examination, state crime laboratory testing, and subsequent law enforcement
13agency investigation, to have all evidence collected in the sexual assault forensic
14examination stored until the end of the term of imprisonment or probation of the
15person who was convicted of the sexual assault.
AB352,5,18 16(10) To have the department of justice make a reasonable attempt to notify him
17or her in writing 60 days prior to the destruction of any evidence acquired from a
18sexual assault forensic examination, as provided in s. 165.25 (20).
AB352,14 19Section 14 . 968.205 (3) (intro.) of the statutes is amended to read:
AB352,5,2320 968.205 (3) (intro.) Subject Except in sexual assault cases, subject to sub. (5),
21a law enforcement agency may destroy evidence that includes biological material
22before the expiration of the time period specified in sub. (2) if all of the following
23apply:
AB352,5,2424 (End)
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