AB214,1 1Section 1. 165.77 (7) of the statutes is repealed.
AB214,2 2Section 2 . 165.775 of the statutes is created to read:
AB214,2,3 3165.775 Sexual assault kits. (1) In this section:
AB214,2,44 (a) “Department” means the department of justice.
AB214,2,55 (b) “Health care professional" has the meaning given in s. 154.01 (3).
AB214,2,66 (c) “Sex offense” has the meaning given in s. 949.20 (7).
AB214,2,87 (d) “Sexual assault forensic examination” means an examination performed by
8a health care professional to gather evidence regarding a sex offense.
AB214,2,109 (e) “Sexual assault kit” means the evidence collected from a sexual assault
10forensic examination.
AB214,2,1211 (d) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1)
12(c).
AB214,3,3
1(2) Whenever a health care professional conducts a sexual assault forensic
2examination and collects a sexual assault kit, the health care professional shall do
3one of the following:
AB214,3,64 (a) If the victim chooses to report the sexual assault to a Wisconsin law
5enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin
6law enforcement agency within 24 hours after collecting the sexual assault kit.
AB214,3,117 (b) If the victim chooses not to report the sexual assault to a Wisconsin law
8enforcement agency, and reporting is not required under s. 48.981 (2), send the
9sexual assault kit to the state crime laboratories for storage in accordance with the
10procedures specified in the rules promulgated under sub. (6) within 72 hours after
11collecting the sexual assault kit.
AB214,3,13 12(3) If a Wisconsin law enforcement agency receives notification under sub. (2)
13(a), it shall do all of the following:
AB214,3,1514 (a) Take possession of the sexual assault kit from the health care professional
15within 72 hours after receiving the notification.
AB214,3,1916 (b) Except as provided in par. (c), send the sexual assault kit to the state crime
17laboratories for processing in accordance with the procedures specified in the rules
18promulgated under sub. (6) within 14 days after taking possession of the sexual
19assault kit.
AB214,4,220 (c) If the Wisconsin law enforcement agency, after taking possession of the
21sexual 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
23the analysis of his or her sexual assault kit, send the sexual assault kit to the state
24crime laboratories for storage in accordance with the procedures specified in the

1rules promulgated under sub. (6) within 14 days after taking possession of the sexual
2assault kit.
AB214,4,4 3(4) If the state crime laboratories takes possession of a sexual assault kit, it
4shall do all of the following:
AB214,4,95 (a) If the victim chooses not to report the sexual assault to a Wisconsin law
6enforcement agency and thus has not consented to the analysis of his or her sexual
7assault kit, securely store the sexual assault kit for a period of 10 years, during which
8time the sexual assault victim may choose to report the assault to a Wisconsin law
9enforcement agency.
AB214,4,1310 (b) If the victim chooses to report the sexual assault to a Wisconsin law
11enforcement agency and thus has consented to the analysis of his or her sexual
12assault kit, process the kit in accordance with the procedures specified in the rules
13promulgated under sub. (6).
AB214,4,19 14(5) If a law enforcement agency takes possession of a sexual assault kit after
15it has been processed by the state crime laboratories, notwithstanding s. 968.205, it
16shall securely store the sexual assault kit for a period of 50 years, or until the date
17of the expiration of the statute of limitations, or until the end of the term of
18imprisonment or probation of a person who was convicted in the sexual assault case,
19whichever is longer.
AB214,4,20 20(6) The department shall promulgate rules to administer this section.
AB214,3 21Section 3 . 165.845 (title) of the statutes is amended to read:
AB214,4,22 22165.845 (title) Collect crime and criminal justice data.
AB214,4 23Section 4 . 165.845 (1) (a) of the statutes is amended to read:
AB214,5,724 165.845 (1) (a) Collect information concerning the number and nature of
25offenses known to have been committed in this state, concerning sexual assault kits,

1as defined in s. 165.775 (1) (e), collected in this state,
and concerning such other
2information as may be useful in the study of crime and the administration of justice.
3The department of justice may determine any other information to be obtained
4regarding crime, evidence, and justice system data or statistics. The information
5shall 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
7system of uniform crime reports for the United States.
AB214,5 8Section 5 . 165.845 (1) (b) of the statutes is amended to read:
AB214,5,129 165.845 (1) (b) Furnish all reporting officials with forms or instructions or both
10that specify the nature of the information required under par. (a), the time it is to be
11forwarded, the process for submitting the information, the method of classifying and
12any other matters that facilitate collection and compilation.
AB214,6 13Section 6 . 165.845 (1) (d) of the statutes is created to read:
AB214,5,1614 165.845 (1) (d) Publish data at least annually on law enforcement agency
15compliance with the reporting requirement under par. (a) relating to sexual assault
16kits.
AB214,7 17Section 7 . 165.845 (2) of the statutes is amended to read:
AB214,5,2418 165.845 (2) All persons in charge of law enforcement agencies and other
19criminal and juvenile justice system agencies shall supply the department of justice
20with the information described in sub. (1) (a) on the basis of the forms or instructions
21or both to be supplied by the department under sub. (1) (a) (b). The department may
22conduct an audit to determine the accuracy of the data and other information it
23receives from law enforcement agencies and other criminal and juvenile justice
24system agencies.
AB214,8 25Section 8. 175.405 of the statutes is repealed.
AB214,9
1Section 9. 895.537 of the statutes is created to read:
AB214,6,3 2895.537 Liability exemption; sexual assault evidence collection. (1) In
3this section:
AB214,6,44 (a) “Health care professional” has the meaning given in s. 154.01 (3).
AB214,6,65 (b) “Sexual assault forensic examination” has the meaning given in s. 165.775
6(1) (d).
AB214,6,10 7(2) Any health care professional conducting a sexual assault forensic
8examination pursuant to informed consent or a court order is immune from any civil
9or criminal liability for the act, except for civil liability for negligence in the
10performance of the act.
AB214,6,13 11(3) Any employer of the person under sub. (2) or any health care facility where
12the sexual assault forensic examination is conducted by that person has the same
13immunity from liability under sub (2).
AB214,10 14Section 10 . Nonstatutory provisions.
AB214,6,2315 (1) Within 180 days of the effective date of this subsection, the department of
16justice shall promulgate emergency rules under s. 227.24 to implement s. 165.775 for
17the period before the effective date of the permanent rules but not to exceed the
18period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2).
19Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to
20provide evidence that promulgating a rule under this subsection as an emergency
21rule is necessary for the preservation of the public peace, health, safety, or welfare
22and is not required to provide a finding of emergency for a rule promulgated under
23this subsection.
AB214,11 24Section 11. Effective dates. This act takes effect on the day after publication,
25except as follows:
AB214,7,3
1(1) The treatment of ss. 165.77 (7), 165.775 (1) to (5), 165.845 (title), (1) (a), (b),
2and (d), and (2), 175.405, and 895.537 takes effect on the first day of the 7th month
3beginning after publication.
AB214,7,44 (End)
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