LRB-5536/1
MLJ/CMH/FFK:kjf&amn
2019 - 2020 LEGISLATURE
February 3, 2020 - Introduced by Representatives Steffen, Thiesfeldt,
Brandtjen, James, Loudenbeck, Dittrich, Gundrum, Magnafici, Petersen,
Sanfelippo, Krug, Kulp, Mursau, Murphy, Tittl, Zimmerman, Knodl,
Kerkman and Quinn, cosponsored by Senator Jacque. Referred to Committee
on Health.
AB844,1,10 1An Act to repeal 165.77 (7) and 175.405; to renumber 950.03 and 950.04 (1v)
2(dL); to amend 165.845 (title), 165.845 (1) (a), 165.845 (1) (b), 165.845 (2),
3949.20 (3) and 968.205 (3) (intro.); and to create 50.378 (1m), 100.58, 118.60
4(1) (f), 118.60 (1) (h), 118.60 (3g), 119.23 (1) (cf), 119.23 (1) (e), 119.23 (3g), 165.25
5(20), 165.775, 165.788, 165.845 (1) (d), 165.847, 175.408, 895.537, 949.23,
6950.02 (3t), 950.03 (2), 950.043 and 973.06 (1) (i) of the statutes; relating to:
7creating a sexual assault victim bill of rights; collection and reporting of data
8regarding sexual assault kits; storage and processing of sexual assault kits;
9tracking of sexual assault kits in sexual assault cases; and requiring the
10exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Processing of sexual assault kits
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 chooses 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 chooses not to report the sexual assault to law enforcement, the
health care professional must send the kit to the state crime laboratories for storage
no more than two business days after collecting the kit. Under the bill, if a law
enforcement agency has been notified by a health care professional that a kit has
been collected, the law enforcement agency must take possession of the kit within 48
hours, and must then send the kit to the state crime laboratories for processing no
less than 48 hours and no more than seven days after taking possession of it. 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 50 years; or 2) if it has
received the kit of a person who has consented to analysis, process the kit within 90
days and then securely store the kit for 50 years, 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 longest.
Sexual assault victim bill of rights
This bill creates a sexual assault victim bill of rights. In addition to the rights
extended to crime victims under Wisconsin's basic bill of rights for victims and
witnesses, this bill adds the following rights for victims of sexual assault, regardless
of whether or not they choose to cooperate with a law enforcement agency: the right
to be provided with accurate written information about his or her rights as a sexual
assault victim; the right to bathe immediately following a sexual assault forensic
examination; the right to choose whether or not to cooperate with a law enforcement
agency; the right to have any sexual assault kit stored for 50 years or until the end
of the prison term of the person convicted of the assault against him or her; and the
right to be notified in writing of the results of his or her sexual assault kit analysis,
to be notified in writing of the occurrence of analysis of another sexual assault kit in
which there is a matching DNA sample collected, and to be notified in writing 60 days
prior to the destruction of any evidence obtained in a sexual assault forensic
examination.
Sexual assault data
Under current law, local law enforcement agencies must report certain crime
statistics to the Department of Justice. This bill requires DOJ to collect certain data
regarding sexual assault kits collected and tested in Wisconsin in addition to the data
currently being collected, and requires DOJ to submit an annual report to the
legislature on those sexual assault kits. Under the bill, DOJ must report specific
information including the following: the number of sexual assault kits collected and
the dates of collection, the number of sexual assault kits submitted to DOJ
laboratories for analysis, the number of kits submitted to DOJ laboratories for
analysis that have not yet been analyzed and the reason they have not been

analyzed, the dates of submission and, if applicable, analysis, and the number of kits
not submitted to DOJ for analysis that remain in law enforcement custody and the
reason the kits were not submitted. The bill also requires DOJ to publish data on
law enforcement agency compliance with DOJ reporting requirements.
This bill also requires DOJ to establish a data bank, to be known as the
Wisconsin Sexual Assault Kit Tracking System, for the purpose of providing a victim
of sexual assault access to information about the status of any sexual assault kit the
victim has provided.
Citizenship of individuals arrested for and convicted of sexual assault
Under the bill, if a person under arrest for sexual assault is not a U.S. citizen
and is not authorized to be in the United States under federal law, the law
enforcement agency must notify U.S. Immigration and Customs Enforcement. In
addition, if a person convicted for sexual assault is not a U.S. citizen and is not
authorized to be in the United States under federal law, DOJ must notify U.S.
Immigration and Customs Enforcement.
Parental choice programs; exceptions for victims of sexual assault
Under the bill, a pupil who is a victim of sexual assault may attend a private
school participating in the Milwaukee Parental Choice Program, the Racine
Parental Choice Program, or the statewide parental choice program, regardless of
whether the pupil meets the standard eligibility requirements to participate in the
parental choice program. Additionally, the bill provides an alternative application
procedure that allows a pupil who is victim of sexual assault to begin attending a
private school under a parental choice program at any time during the school year.
For purposes of these provisions, a pupil is a victim of sexual assault if charges are
filed for the sexual assault and the person against whom the charges were filed is a
pupil or a school district employee.
Miscellaneous
Current law allows a health care provider who conducts an examination to
gather evidence regarding a sex offense to apply to DOJ for reimbursement of the
examination costs, which include tests for sexually transmitted diseases and
medications to prevent or treat a sexually transmitted disease. This bill adds the
following as costs that may be reimbursed: 1) if the health care provider believes that
pregnancy could be a consequence of the sex offense, the costs of a pregnancy test,
to be administered when a pregnancy may be detected and 2) a post-exposure
prophylaxis.
The bill also provides authority to a court to require a defendant who is
convicted of a crime in which a sexual assault kit was collected to pay the costs for
collection of the sexual assault kit and prohibits the sale of at-home sexual assault
evidence collection kits.

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:
AB844,1 1Section 1. 50.378 (1m) of the statutes is created to read:
AB844,4,62 50.378 (1m) Notification of victim rights. A hospital that provides emergency
3services to a victim of sexual assault, human trafficking, or child sexual abuse shall
4inform the victim of his or her rights under ss. 950.04 (1v) (ag), (bm), (c), (d), and (em)
5and 950.043 orally and, using a form provided by the department of justice, in
6writing.
AB844,2 7Section 2. 100.58 of the statutes is created to read:
AB844,4,9 8100.58 At-home sexual assault evidence collection kits. (1) In this
9section:
AB844,4,1210 (a) “At-home sexual assault evidence collection kit” means a kit that is
11intended for use by a person who is not a health care professional or employee of a
12law enforcement agency to collect forensic evidence regarding a sex offense.
AB844,4,1413 (b) “Health care professional” means a person licensed, certified, or registered
14under ch. 441, 448, or 455.
AB844,4,1515 (c) “Sex offense” has the meaning given in s. 949.20 (7).
AB844,4,17 16(2) No person may sell or offer for sale in this state an at-home sexual assault
17evidence collection kit.
AB844,3 18Section 3. 118.60 (1) (f) of the statutes is created to read:
AB844,4,2019 118.60 (1) (f) “Sexual assault” means conduct that is in violation of s. 940.225,
20948.02, 948.025, 948.055, 948.06, 948.08, 948.085, 948.09 or 948.10.
AB844,4 21Section 4. 118.60 (1) (h) of the statutes is created to read:
AB844,5,3
1118.60 (1) (h) “Victim" means an individual who is the victim of sexual assault
2if charges have been filed for the sexual assault and the individual against whom the
3charges are filed is a pupil or an employee of a school district.
AB844,5 4Section 5. 118.60 (3g) of the statutes is created to read:
AB844,5,75 118.60 (3g) (a) 1. Notwithstanding sub. (2), a pupil in grades kindergarten to
612 who resides within an eligible school district and is a victim may attend a
7participating private school under this section.
AB844,5,108 2. Notwithstanding sub. (2), a pupil in grades kindergarten to 12 who resides
9in a school district, other than an eligible school district or a 1st class city school
10district, and is a victim may attend a participating private school under this section.
AB844,5,1411 (b) 1. Notwithstanding sub. (3), the parent of a pupil under par. (a) who wishes
12to attend a participating private school under this section may, in lieu of applying
13under sub. (3), submit an application under this subsection, on a form provided by
14the department, at any time during the school year.
AB844,5,2115 2. If a participating private school receives an application under subd. 1. the
16participating private school shall notify the applicant, in writing, whether it has
17accepted the application no later than 60 days after receiving the application. A
18participating private school may reject an applicant under this paragraph only if the
19participating private school has reached its maximum general capacity or seating
20capacity. If a participating private school rejects an application, the participating
21private school shall include the reason in the written notice.
AB844,5,2422 3. If an application is accepted by a participating private school under this
23paragraph, the pupil may immediately begin attending the participating private
24school.
AB844,6,3
1(c) The department may not count a pupil who attends a participating private
2school under this subsection for purposes of determining whether a school district
3has exceeded its pupil participation limit under sub. (2) (be).
AB844,6 4Section 6. 119.23 (1) (cf) of the statutes is created to read:
AB844,6,65 119.23 (1) (cf) “Sexual assault” means conduct that is in violation of s. 940.225,
6948.02, 948.025, 948.055, 948.06, 948.08, 948.085, 948.09 or 948.10.
AB844,7 7Section 7. 119.23 (1) (e) of the statutes is created to read:
AB844,6,108 119.23 (1) (e) “Victim" means an individual who is the victim of sexual assault
9if charges have been filed for the sexual assault and the individual against whom the
10charges are filed is a pupil or an employee of a school district.
AB844,8 11Section 8. 119.23 (3g) of the statutes is created to read:
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