The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB697,1 1Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
SB697,2 3Section 2. 20.455 (5) (dm) of the statutes is created to read:
SB697,2,64 20.455 (5) (dm) Grants for recruiting and retaining health care providers to
5conduct examinations.
Biennially, the amounts in the schedule to provide grants to
6health care facilities under s. 165.934 and to administer the grant program.
SB697,3 7Section 3. 165.934 of the statutes is created to read:
SB697,2,10 8165.934 Grants to health care facilities to conduct examinations of
9victims.
(1) Definition. In this section, “department” means the department of
10justice.
SB697,2,12 11(2) Grants. The department shall provide grants to health care facilities that
12are eligible under sub. (3).
SB697,3,2
1(3) Grant eligibility. A health care facility is eligible to apply for and receive
2a grant under this section if the facility meets all of the following criteria:
SB697,3,63 (a) The health care facility creates a new position for a health care provider who
4conducts, or a recruitment program, a retention program, or a training program for
5health care providers who conduct, examinations described under s. 949.20 (3) for
6offenses that involve an allegation of domestic abuse or that involve strangulation.
SB697,3,97 (b) The health care facility provides that it will maintain any position or
8program created with the grant moneys for a period determined by the department
9after the grant funding ends.
SB697,3,14 10(4) Goals. When providing grants under this section, the department shall
11attempt to provide funding to recruit or retain a number of health care providers who
12conduct examinations described under s. 949.20 (3) in each county that is one more
13than the number of such health care providers that the county has on the effective
14date of this subsection .... (LRB inserts date).
SB697,4 15Section 4. Subchapter II (title) of chapter 949 [precedes 949.20] of the statutes
16is amended to read:
SB697,3,1717 CHAPTER 949
SB697,3,2018 SUBCHAPTER II
19SEXUAL ASSAULT FORENSIC
20 EXAMINATION COMPENSATION
SB697,5 21Section 5. 949.20 (1) of the statutes is amended to read:
SB697,3,2422 949.20 (1) “Cooperate with a law enforcement agency" means to report a sex
23an offense to a law enforcement agency or to aid a law enforcement agency in the
24investigation of a sex an offense.
SB697,6 25Section 6. 949.20 (2L) of the statutes is created to read:
SB697,4,2
1949.20 (2L) “Domestic abuse” has the meaning given in s. 813.12 (1) (am) 1. or
22.
SB697,7 3Section 7. 949.20 (3) of the statutes is amended to read:
SB697,4,114 949.20 (3) “Examination costs" means the costs of an examination that is done
5to gather evidence regarding a sex offense and, if the offense involved is a sex offense,
6any procedure during that examination process that tests for or prevents a sexually
7transmitted disease, and any medication provided or prescribed, during that related
8to the
examination process, that prevents or treats a sexually transmitted disease
9that the person performing the examination or procedure believes could be a
10consequence of the sex offense. “Examination costs" does not include any processing
11or administrative costs, attorney fees, or other expenses.
SB697,8 12Section 8. 949.20 (3d) of the statutes is created to read:
SB697,4,1513 949.20 (3d) “Examination to gather evidence” means an examination that is
14done on a victim to gather evidence regarding a sex offense, an offense that involves
15an allegation of domestic abuse, or an offense that involves strangulation.
SB697,9 16Section 9. 949.20 (9) of the statutes is amended to read:
SB697,4,1917 949.20 (9) “Victim" means a person against whom a sex offense, an offense that
18involves an allegation of domestic abuse, or an offense that involves strangulation

19has been committed.
SB697,10 20Section 10. 949.24 (1) of the statutes is amended to read:
SB697,4,2321 949.24 (1) Eligibility. Any health care provider who conducts an examination
22to gather evidence regarding a sex offense may apply for an award under this
23subchapter.
SB697,11 24Section 11. 949.24 (3) of the statutes is amended to read:
SB697,5,8
1949.24 (3) Medical records. An applicant shall submit to the department
2reports from any physician, physician's assistant, or nurse who treated or examined
3the victim to gather evidence regarding a sex offense, performed any procedure
4during that treatment or examination that tests for or prevents a sexually
5transmitted disease, or provided or prescribed any medication to prevent or treat a
6sexually transmitted disease. The applicant may not submit to the department any
7other records than those pertaining to the examination, treatment, procedure, or
8medication for which the applicant is seeking an award.
SB697,12 9Section 12. 949.26 (1) of the statutes is amended to read:
SB697,5,1310 949.26 (1) Except as provided in sub. (1m), the department shall make an
11award under this section to a health care provider who conducts an examination to
12gather evidence regarding a sex offense to reimburse the health care provider only
13for the examination costs, as follows:
SB697,5,1714 (a) If, under sub. (2) (b), the health care provider is not authorized to seek
15payment from insurance or another available source of payment, the award shall be
16the examination costs, regardless of whether the victim, or any guardian of the
17victim, cooperates with a law enforcement agency regarding the sex offense.
SB697,5,2218 (b) If, under sub. (2) (b), the health care provider is authorized to seek payment
19from insurance or another available source of payment and the victim, or any
20guardian of the victim, does not cooperate with a law enforcement agency regarding
21the sex offense, the award shall be the examination costs, reduced by any payment
22to be received as a result of the authorization under sub. (2) (b).
SB697,13 23Section 13. 949.26 (3) of the statutes is amended to read:
SB697,6,224 949.26 (3) The department may not refuse to make an award under this
25section because the victim or the guardian of the victim does not cooperate with

1a law enforcement agency regarding the
sex offense, or due to lack of an
2investigation or prosecution of the
sex offense.
SB697,14 3Section 14. Jus 11.16 (4) of the administrative code is amended to read:
SB697,6,124 Jus 11.16 (4) Maximum amount of award. The department will pay two-thirds
5of the amount billed for eligible services, up to a maximum of $1200 $3,000 for each
6examination. In exceptional cases, the department in its sole discretion may approve
7an award in excess of the maximum amount if the health care provider submits
8evidence that that maximum amount did not fairly and equitably compensate it for
9the costs incurred in conducting the examination. Beginning January 1, 2017 2025,
10the maximum amount of an award shall be adjusted annually by the “inflation
11factor" as defined in s. 79.05 (1) (am), Stats., and certified by the department of
12revenue under s. 79.05 (2m), Stats.
SB697,15 13Section 15. Nonstatutory provisions.
SB697,6,1714 (1) Grant administrator. The authorized FTE positions for the department of
15justice are increased by 1.0 GPR positions to be funded from the appropriation under
16s. 20.455 (5) (dm) for the purpose of administering the grant program under s.
17165.934.
SB697,16 18Section 16. Fiscal changes.
SB697,7,219 (1) Examination training. In the schedule under s. 20.005 (3) for the
20appropriation to the department of justice under s. 20.455 (5) (a), the dollar amount
21for fiscal year 2023-24 is increased by $100,000 to increase the authorized FTE
22positions for the department by 0.5 GPR positions to train health care providers on
23how to conduct examinations to gather evidence of domestic abuse and
24strangulation. In the schedule under s. 20.005 (3) for the appropriation to the
25department of justice under s. 20.455 (5) (a), the dollar amount for fiscal year

12024-25 is increased by $100,000 to provide funding for the position authorized
2under this subsection.
SB697,17 3Section 17. Effective date.
SB697,7,54 (1) Notwithstanding s. 227.265, this act takes effect on the day after
5publication.
SB697,7,66 (End)
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