May 15, 2019 - Introduced by Representatives Steffen, Sargent, Macco,
Thiesfeldt, C. Taylor, Ballweg, Bowen, Brandtjen, Brostoff, Considine,
Duchow, Hutton, Kerkman, Kitchens, Kulp, B. Meyers, Murphy, Mursau, L.
Myers, Ohnstad, Plumer, Pope, Quinn, Ramthun, Shankland, Sinicki,
Skowronski, Snyder, Spiros, Spreitzer, Subeck, Tittl, Tusler and Vining,
cosponsored by Senators Cowles, Schachtner, Darling, Carpenter, Hansen,
Johnson, Larson, Petrowski, Ringhand, Risser, Shilling, L. Taylor,
Wanggaard, Wirch and Smith. Referred to Committee on Health.
1An Act to repeal
165.77 (7) and 175.405; to amend
165.845 (title), 165.845 (1) 2
(a), 165.845 (1) (b) and 165.845 (2); and to create
165.775, 165.845 (1) (d) and 3
895.537 of the statutes; relating to: storage and processing of sexual assault
4kits and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, there is no statutory procedure for the collection and
processing of sexual assault kits. This bill creates procedures for transmission,
processing, and storage of sexual assault kits. Under the bill, a health care
professional who collects a sexual assault kit must do one of the following: 1) if the
victim wants to report the sexual assault to law enforcement, the health care
professional must notify a law enforcement agency within 24 hours of collecting the
kit; or 2) if the victim does not want to report the sexual assault to law enforcement,
the health care professional must send the kit to the state crime laboratories within
72 hours for storage. Under the bill, if a law enforcement agency has received
notification from a health care professional that a kit has been collected, the law
enforcement agency must take possession of the kit within 72 hours, and must send
the kit to the state crime laboratories for processing within 14 days. If the victim
changes his or her mind about wanting to have his or her kit analyzed after it is given
to a law enforcement agency but before the agency sends the kit to the state crime
laboratories for processing, the agency must send the kit to the state crime
laboratories for storage rather than for processing.
Under the bill, once the state crime laboratories takes possession of a sexual
assault kit, it must do one of the following: 1) if it has received the kit of a person who
has not consented to analysis, securely store the kit for a period of ten years; or 2)
if it has received the kit of a person who has consented to analysis, process the kit
and then send it to a law enforcement agency to store the kit for a period of 50 years,
or until the date of the expiration of the statute of limitations, or until the end of a
term of imprisonment or probation of a person convicted in the sexual assault case,
whichever is longer.
Under current law, local law enforcement agencies report certain crime
statistics to the Department of Justice. This bill requires law enforcement agencies
to provide additional data to DOJ regarding sexual assault kits collected and
processed in Wisconsin in addition to the data currently being reported. This bill also
requires DOJ to publish data on law enforcement agency compliance with DOJ
For further information see the state and local 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:
165.77 (7) of the statutes is repealed.
165.775 of the statutes is created to read:
3165.775 Sexual assault kits.
In this section:
(a) “Department” means the department of justice.
(b) “Health care professional" has the meaning given in s. 154.01 (3).
(c) “Sex offense” has the meaning given in s. 949.20 (7).
(d) “Sexual assault forensic examination” means an examination performed by 8
a health care professional to gather evidence regarding a sex offense.
(e) “Sexual assault kit” means the evidence collected from a sexual assault 10
(d) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1) 12
Whenever a health care professional conducts a sexual assault forensic 2
examination and collects a sexual assault kit, the health care professional shall do 3
one of the following:
(a) If the victim chooses to report the sexual assault to a Wisconsin law 5
enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin 6
law enforcement agency within 24 hours after collecting the sexual assault kit.
(b) If the victim chooses not to report the sexual assault to a Wisconsin law 8
enforcement agency, and reporting is not required under s. 48.981 (2), send the 9
sexual assault kit to the state crime laboratories for storage in accordance with the 10
procedures specified in the rules promulgated under sub. (6) within 72 hours after 11
collecting the sexual assault kit.
If a Wisconsin law enforcement agency receives notification under sub. (2) 13
(a), it shall do all of the following:
(a) Take possession of the sexual assault kit from the health care professional 15
within 72 hours after receiving the notification.
(b) Except as provided in par. (c), send the sexual assault kit to the state crime 17
laboratories for processing in accordance with the procedures specified in the rules 18
promulgated under sub. (6) within 14 days after taking possession of the sexual 19
(c) If the Wisconsin law enforcement agency, after taking possession of the 21
sexual assault kit under par. (a) but before sending the sexual assault kit under par. 22
(b), receives notification from the victim that the victim does not want to proceed with 23
the analysis of his or her sexual assault kit, send the sexual assault kit to the state 24
crime laboratories for storage in accordance with the procedures specified in the
rules promulgated under sub. (6) within 14 days after taking possession of the sexual 2
If the state crime laboratories takes possession of a sexual assault kit, it 4
shall do all of the following:
(a) If the victim chooses not to report the sexual assault to a Wisconsin law 6
enforcement agency and thus has not consented to the analysis of his or her sexual 7
assault kit, securely store the sexual assault kit for a period of 10 years, during which 8
time the sexual assault victim may choose to report the assault to a Wisconsin law 9
(b) If the victim chooses to report the sexual assault to a Wisconsin law 11
enforcement agency and thus has consented to the analysis of his or her sexual 12
assault kit, process the kit in accordance with the procedures specified in the rules 13
promulgated under sub. (6).
If a law enforcement agency takes possession of a sexual assault kit after 15
it has been processed by the state crime laboratories, notwithstanding s. 968.205, it 16
shall securely store the sexual assault kit for a period of 50 years, or until the date 17
of the expiration of the statute of limitations, or until the end of the term of 18
imprisonment or probation of a person who was convicted in the sexual assault case, 19
whichever is longer.
The department shall promulgate rules to administer this section.
165.845 (title) of the statutes is amended to read:
(title) Collect crime
and criminal justice data.
165.845 (1) (a) of the statutes is amended to read:
(a) Collect information concerning the number and nature of 25
offenses known to have been committed in this state, concerning sexual assault kits,
1as defined in s. 165.775 (1) (e), collected in this state,
such other 2
information as may be useful in the study of crime and the administration of justice. 3
The department of justice may determine any other information to be obtained 4
regarding crime, evidence,
and justice system
statistics. The information 5
shall include data requested by federal agencies under the U.S. department of
6justice, including but not limited to
the federal bureau of investigation under its 7
system of uniform crime reports for the United States.
165.845 (1) (b) of the statutes is amended to read:
(b) Furnish all reporting officials with forms or instructions or both 10
that specify the nature of the information required under par. (a), the time it is to be 11
forwarded, the process for submitting the information,
the method of classifying and 12
any other matters that facilitate collection and compilation.
165.845 (1) (d) of the statutes is created to read:
(d) Publish data at least annually on law enforcement agency 15
compliance with the reporting requirement under par. (a) relating to sexual assault 16
165.845 (2) of the statutes is amended to read:
All persons in charge of law enforcement agencies and other 19
criminal and juvenile justice system agencies shall supply the department of justice 20
with the information described in sub. (1) (a) on the basis of the forms or instructions 21
or both to be supplied by the department under sub. (1) (a) (b)
. The department may 22
conduct an audit to determine the accuracy of the data and other information it 23
receives from law enforcement agencies and other criminal and juvenile justice 24
175.405 of the statutes is repealed.
895.537 of the statutes is created to read:
2895.537 Liability exemption; sexual assault evidence collection. (1)
(a) “Health care professional” has the meaning given in s. 154.01 (3).
(b) “Sexual assault forensic examination” has the meaning given in s. 165.775 6
Any health care professional conducting a sexual assault forensic 8
examination pursuant to informed consent or a court order is immune from any civil 9
or criminal liability for the act, except for civil liability for negligence in the 10
performance of the act.
Any employer of the person under sub. (2) or any health care facility where 12
the sexual assault forensic examination is conducted by that person has the same 13
immunity from liability under sub (2).
(1) Within 180 days of the effective date of this subsection, the department of 16
justice shall promulgate emergency rules under s. 227.24 to implement s. 165.775 for 17
the period before the effective date of the permanent rules but not to exceed the 18
period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). 19
Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to 20
provide evidence that promulgating a rule under this subsection as an emergency 21
rule is necessary for the preservation of the public peace, health, safety, or welfare 22
and is not required to provide a finding of emergency for a rule promulgated under 23
This act takes effect on the day after publication, 25
except as follows:
(1) The treatment of ss. 165.77 (7), 165.775 (1) to (5), 165.845 (title), (1) (a), (b), 2
and (d), and (2), 175.405, and 895.537 takes effect on the first day of the 7th month 3
beginning after publication.