50.378 (1m) Notification of victim rights.
A hospital that provides emergency 12
services to a victim shall inform the victim of all of his or her rights under ch. 950 13
orally and in writing.
165.25 (20) of the statutes is created to read:
165.25 (20) Sexual assault victim notice.
On behalf of the state crime 16
laboratories, notify a sexual assault victim 60 days prior to the destruction of any 17
evidence obtained through a sexual assault forensic examination that has been 18
stored by the state crime laboratories.
165.77 (7) of the statutes is amended to read:
Whenever a Wisconsin law enforcement agency or a health care 21
professional collects evidence in a case of alleged or suspected sexual assault, the
agency or professional shall follow the procedures specified in the department's rules 2
under 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
perform, in a timely manner
within 90 days
, deoxyribonucleic acid 5
analysis of specimens a specimen
provided by a
law enforcement agencies agency 6
under 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 9
not include data obtained from deoxyribonucleic acid analysis of those specimens in 10
the data bank under sub. (3).
175.405 (title) of the statutes is amended to read:
(title) Sexual assault; evidence where no suspect has been
175.405 (2) of the statutes is amended to read:
Whenever a Wisconsin law enforcement agency collects, in a case 16
of alleged or suspected sexual assault, evidence upon which deoxyribonucleic acid 17
analysis can be performed, and the person who committed the alleged or suspected
18sexual assault has not been identified,
the agency shall follow the procedures 19
specified in s. 165.77 (8) and shall, in a timely manner, submit the evidence it collects 20
to a crime laboratory, as identified in s. 165.75, for storage or testing or both
950.02 (3t) of the statutes is created to read:
“Sexual assault victim” means an individual against whom a crime 23
has been committed under s. 940.22, 940.225 (1) to (3m), 948.02 (1) or (2), 948.025, 24
948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.08, 948.085, 948.095, 948.10, 25
948.11 (2) (a) or (am), or 948.12, or s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
950.03 of the statutes is renumbered 950.03 (1).
950.03 (2) of the statutes is created to read:
Notwithstanding sub. (1), a sexual assault victim has the rights and 4
is eligible for the services under this chapter regardless of whether the crime has 5
been reported to law enforcement authorities. A victim of sexual assault is under no 6
obligation to seek medical attention, to have a sexual assault forensic examination 7
administered, or to report the sexual assault to law enforcement authorities.
950.04 (1v) (dL) of the statutes is renumbered 950.043 (10).
950.043 of the statutes is created to read:
10950.043 Bill of rights for victims of sexual assault.
In addition to the 11
rights of victims under ss. 950.04 and 950.045, sexual assault victims have all of the 12
To receive a sexual assault forensic examination at no charge.
To receive oral and written information about his or her rights as a sexual 15
assault victim at the time he or she seeks medical attention following a sexual 16
assault, as provided under ss. 50.375 (2) and 50.378 (1m).
To receive or decline to receive a sexual assault forensic examination 18
performed by a department-certified sexual assault nurse.
If facilities are available, to bathe immediately following a sexual assault 20
To report or decline to report the sexual assault to a law enforcement agency.
To have any evidence collected in a sexual assault forensic examination 23
transported to the state crime laboratories for storage or testing or both, as provided 24
under ss. 165.77 (7) and 175.405.
If the victim chooses not to cooperate with a law enforcement agency, as 2
defined in s. 949.20 (1), to have all evidence collected in a sexual assault forensic 3
examination stored for a period of 50 years, during which time the sexual assault 4
victim may choose to report the assault to a law enforcement agency.
If the victim chooses to cooperate with a law enforcement agency, as defined 6
in s. 949.20 (1), and no conviction results from the sexual assault forensic 7
examination, state crime laboratory testing, and subsequent law enforcement 8
agency investigation, to have all evidence collected in the sexual assault forensic 9
examination stored for a period of 50 years.
If the victim chooses to cooperate with a law enforcement agency, as defined 11
in s. 949.20 (1), and a conviction results from the sexual assault forensic 12
examination, state crime laboratory testing, and subsequent law enforcement 13
agency investigation, to have all evidence collected in the sexual assault forensic 14
examination stored until the end of the term of imprisonment or probation of the 15
person who was convicted of the sexual assault.
To have the department of justice make a reasonable attempt to notify him 17
or her in writing 60 days prior to the destruction of any evidence acquired from a 18
sexual assault forensic examination, as provided in s. 165.25 (20).
968.205 (3) (intro.) of the statutes is amended to read:
Except in sexual assault cases, subject
to sub. (5), 21
a law enforcement agency may destroy evidence that includes biological material 22
before the expiration of the time period specified in sub. (2) if all of the following 23