February 18, 2021 - Introduced by Representatives Thiesfeldt, J. Rodriguez,
Billings, Brandtjen, Cabrera, Callahan, Drake, James, Kuglitsch, Milroy,
Moses, Murphy, Rozar, Shankland, Skowronski, Sinicki, Subeck, Tusler,
Vining and Wichgers, cosponsored by Senators Darling, Agard,
Jacque, Johnson, Larson, Marklein, Ringhand, L. Taylor, Wanggaard and
Wirch. Referred to Committee on Criminal Justice and Public Safety.
1An Act to create
165.775 of the statutes; relating to: tracking of sexual assault
2kits in sexual assault cases, granting rule-making authority, and making an
Analysis by the Legislative Reference Bureau
This bill requires the Department of Justice to establish a database, 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 and allowing health care professionals,
forensic laboratories, law enforcement agencies, prosecutors, and the department to
update and track the location and status of sexual assault kits.
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:
165.775 of the statutes is created to read:
5165.775 Sexual assault kit tracking system. (1)
In this section:
(a) “Health care professional” has the meaning given in s. 154.01 (3).
(b) “Law enforcement agency” means a governmental unit of one or more 2
persons employed full-time by the federal government, a state, or a political 3
subdivision of a state for the purpose of preventing and detecting crime and enforcing 4
federal or state laws or local ordinances, employees of which unit are authorized to 5
make arrests for crimes while acting within the scope of their authority.
(c) “Sexual assault forensic examination” means an examination performed by 7
a health care professional to gather evidence regarding a sex offense.
(d) “Sexual assault kit” means the evidence collected from a sexual assault 9
(e) “Wisconsin law enforcement agency" means a governmental unit of one or 11
more persons employed full-time by this state or a political subdivision of this state 12
for the purpose of preventing and detecting crime and enforcing state laws or local 13
ordinances, employees of which unit are authorized to make arrests for crimes while 14
acting within the scope of their authority.
The department shall establish a database, which shall be known as the 16
Wisconsin Sexual Assault Kit Tracking System, for the purpose of providing victims 17
of sexual assault access to information about the status of any sexual assault kit the 18
victim has provided. The data bank shall use electronic technologies to allow 19
continuous, ongoing access to do all of the following:
(a) Allow health care professionals collecting sexual assault kits, forensic 21
laboratories, law enforcement agencies, prosecutors, and the department to update 22
and track the location and status of sexual assault kits, including the initial 23
collection of evidence, receipt and storage at law enforcement agencies, receipt and 24
analysis at forensic laboratories, and destruction.
(b) Allow a victim of sexual assault to anonymously track the location and 2
status of the victim's sexual assault kit. Notwithstanding s. 165.79 (1), a victim may 3
receive information relating to the location and status of the victim's sexual assault 4
(a) Whenever a Wisconsin law enforcement agency or a health care 6
professional collects evidence in a case of sexual assault, the agency or professional 7
shall enter the information required in the department's rules under sub. (4) into the 8
Wisconsin Sexual Assault Kit Tracking System.
(b) Whenever the crime laboratories perform deoxyribonucleic acid analysis of 10
a sexual assault kit, the crime laboratories shall enter the information required in 11
the department's rules under sub. (4) into the Wisconsin Sexual Assault Kit Tracking 12
The department shall promulgate rules to administer this section.
(1) Wisconsin Sexual Assault Kit Tracking System.
In the schedule under s. 16
20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), 17
the dollar amount for fiscal year 2021-22 is increased by $400,000 to create the data 18
bank required under s. 165.775 (2).