2019 - 2020 LEGISLATURE
August 12, 2019 - Introduced by Representatives Thiesfeldt, C. Taylor,
Rodriguez, Anderson, Billings, Bowen, Brandtjen, Cabrera, Considine,
Crowley, Dittrich, Duchow, Fields, Kolste, Krug, Kuglitsch, Kurtz,
Mursau, Neubauer, Ohnstad, Rohrkaste, Sargent, Shankland, Sinicki,
Skowronski, Spreitzer, Vining, Zimmerman, L. Myers, Subeck and Tusler,
cosponsored by Senators Darling, Schachtner, Feyen, Carpenter, Jacque,
Johnson, Marklein, Ringhand, Shilling, L. Taylor, Wirch, Olsen and
Larson. Referred to Committee on Criminal Justice and Public Safety.
AB358,1,3 1An Act to repeal 175.405; to amend 165.77 (title); and to create 165.77 (1) (bf)
2and (bm) and 165.77 (7g) of the statutes; relating to: tracking of sexual assault
3kits in sexual assault cases and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Justice to establish a data bank, to be
known as the Wisconsin Sexual Assault Kit Tracking System, for the purpose of
providing victims of sexual assault access to information about the status of any
sexual assault kit the victim has provided.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB358,1 4Section 1 . 165.77 (title) of the statutes is amended to read:
AB358,1,5 5165.77 (title) Deoxyribonucleic acid analysis and data bank banks .
AB358,2 6Section 2 . 165.77 (1) (bf) and (bm) of the statutes are created to read:
AB358,1,87 165.77 (1) (bf) “Sexual assault forensic examination” means an examination
8performed by a health care professional to gather evidence regarding a sex offense.
AB358,2,2
1(bm) “Sexual assault kit” means the evidence collected from a sexual assault
2forensic examination.
AB358,3 3Section 3 . 165.77 (7g) of the statutes is created to read:
AB358,2,84 165.77 (7g) The department shall establish a data bank, which shall be known
5as the Wisconsin Sexual Assault Kit Tracking System, for the purpose of providing
6victims of alleged or suspected sexual assault access to information about the status
7of any sexual assault kit the victim has provided. The data bank shall use electronic
8technologies to allow continuous, ongoing access to do all of the following:
AB358,2,149 (a) Allow health care professionals collecting sexual assault kits, forensic
10laboratories, law enforcement agencies, prosecutors, and the department to update
11and track the location and status of sexual assault kits throughout the criminal
12justice process, including the initial collection of evidence, receipt and storage at law
13enforcement agencies, receipt and analysis at forensic laboratories, and storage and
14any destruction after completion of analysis.
AB358,2,1815 (b) Allow a victim of sexual assault to anonymously track or receive updates
16regarding the location and status of the victim's sexual assault kit throughout the
17criminal justice process. Notwithstanding s. 165.79 (1), a victim may receive
18information and analyses of evidence obtained from the victim's sexual assault kit.
AB358,4 19Section 4 . 175.405 of the statutes is repealed.
AB358,5 20Section 5 . Fiscal changes.
AB358,3,221 (1) Wisconsin Sexual Assault Kit Tracking System. In the schedule under s.
2220.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a),
23the dollar amount for fiscal year 2019-20 is increased by $400,000 to create the data
24bank required under s. 165.77 (7g). In the schedule under s. 20.005 (3) for the
25appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount

1for fiscal year 2020-21 is increased by $400,000 to create the data bank required
2under s. 165.77 (7g).
AB358,3,33 (End)
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