Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB36 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	LRB-0956/2
2	2	CMH&MJW:cjs&skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 36
5	5	February 13, 2023 - Introduced by Representatives STEFFEN, ALLEN, ARMSTRONG,
6	6	BROOKS, CABRERA, DONOVAN, GREEN, GUNDRUM, GUSTAFSON, KITCHENS, KNODL,
7	7	MACCO, MOSES, MURPHY, MURSAU, NOVAK, O'CONNOR, PENTERMAN, RETTINGER,
8	8	SUBECK, TITTL and TUSLER, cosponsored by Senators JAMES, BALLWEG, COWLES,
9	9	QUINN, SPREITZER and TAYLOR. Referred to Committee on Criminal Justice and
10	10	Public Safety.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to consolidate, renumber and amend 165.775 (4) (intro.) and (b); to
13	13	amend 165.775 (3) (b) and 165.775 (4) (a); and to create 165.775 (4) (b) 2. and
14	14	3. of the statutes; relating to: a time limit for processing sexual assault kits.
15	15	Analysis by the Legislative Reference Bureau
16	16	Current law contains procedures for the transmission, processing, and storage
17	17	of sexual assault kits. Under current law, once the state crime laboratories takes
18	18	possession of a sexual assault kit, it must do one of the following: 1) if it has received
19	19	the kit of a person who has not consented to analysis, securely store the kit for a
20	20	period of 10 years; or 2) if it has received the kit of a person who has consented to
21	21	analysis, process the kit in accordance with Department of Justice procedures and
22	22	then send the kit to a law enforcement agency for storage for a statutorily prescribed
23	23	period of time.
24	24	This bill provides a specific timeline for the state crime laboratories to process
25	25	sexual assault kits. The bill requires that the state crime laboratories begin
26	26	processing a kit within five business days of receipt and complete processing it within
27	27	60 calendar days after beginning. The timeline applies only to the following sexual
28	28	assault kits:
29	29	1. Kits of a person who has consented to analysis by reporting the sexual
30	30	assault if the perpetrator of the sexual assault is unknown and there is a threat to
31	31	public safety.
32	32	2. Kits containing evidence collected from a sexual assault examination
33	33	performed as part of the investigation of a suspicious death.
34	34	1
35	35	2
36	36	3 - 2 -2023 - 2024 Legislature LRB-0956/2
37	37	CMH&MJW:cjs&skw
38	38	ASSEMBLY BILL 36
39	39	3. Kits requested to be processed by persons who are authorized to request the
40	40	state crime laboratories to conduct a criminal investigation. Under current law, this
41	41	includes sheriffs, coroners, medical examiners, district attorneys, police chiefs, state
42	42	prison wardens or superintendents, the attorney general, or the governor.
43	43	For further information see the state fiscal estimate, which will be printed as
44	44	an appendix to this bill.
45	45	The people of the state of Wisconsin, represented in senate and assembly, do
46	46	enact as follows:
47	47	SECTION 1. 165.775 (3) (b) of the statutes is amended to read:
48	48	165.775 (3) (b) Except as provided in par. (c), within 14 days after taking
49	49	possession of the sexual assault kit, send the sexual assault kit to the state crime
50	50	laboratories for processing in accordance with the procedures specified in the rules
51	51	promulgated under sub. (6) within 14 days after taking possession of the sexual
52	52	assault kit sub. (4) (b).
53	53	SECTION 2. 165.775 (4) (intro.) and (b) of the statutes are consolidated,
54	54	renumbered 165.775 (4) (b) (intro.) and amended to read:
55	55	165.775 (4) (b) (intro.) If Except as provided in par. (a), if the state crime
56	56	laboratories takes possession of a sexual assault kit, it shall do all of the following:
57	57	(b) If the state crime laboratories shall begin processing the kit in accordance with
58	58	the procedures specified in the rules promulgated under sub. (6). The state crime
59	59	laboratories shall begin processing the kit within 5 business days of taking
60	60	possession and shall complete processing the kit within 60 calendar days after the
61	61	processing has begun if any of the following applies:
62	62	1. The victim chooses to report the sexual assault to a Wisconsin law
63	63	enforcement agency and thus has consented to, the identity of the person who
64	64	perpetrated the sexual assault is unknown, and there is a threat to public safety. For
65	65	purposes of this subsection, a victim's report to a law enforcement agency shall be
66	66	1
67	67	2
68	68	3
69	69	4
70	70	5
71	71	6
72	72	7
73	73	8
74	74	9
75	75	10
76	76	11
77	77	12
78	78	13
79	79	14
80	80	15
81	81	16
82	82	17
83	83	18
84	84	19 - 3 -2023 - 2024 Legislature
85	85	LRB-0956/2
86	86	CMH&MJW:cjs&skw
87	87	SECTION 2
88	88	ASSEMBLY BILL 36
89	89	considered consent for the analysis of his or her sexual assault kit, process the kit
90	90	in accordance with the procedures specified in the rules promulgated under sub. (6).
91	91	SECTION 3. 165.775 (4) (a) of the statutes is amended to read:
92	92	165.775 (4) (a) If the state crime laboratories takes possession of a sexual
93	93	assault kit and the victim chooses not to report the sexual assault to a Wisconsin law
94	94	enforcement agency and thus has not consented to the analysis of his or her sexual
95	95	assault kit, , the state crime laboratories shall securely store the sexual assault kit
96	96	for a period of 10 years, during which time the sexual assault victim may choose to
97	97	report the assault to a Wisconsin law enforcement agency.
98	98	SECTION 4. 165.775 (4) (b) 2. and 3. of the statutes are created to read:
99	99	165.775 (4) (b) 2. The sexual assault kit contains evidence collected from a
100	100	sexual assault forensic examination that was performed as part of an investigation
101	101	of a death that involves unexplained, unusual, or suspicious circumstances, as
102	102	determined by a law enforcement agency.
103	103	3. The sexual assault kit was requested to be processed as provided under s.
104	104	165.75 (3) (b).
105	105	SECTION 5.0Effective date.
106	106	(1) This act takes effect on the first day of the 7th month beginning after
107	107	publication.
108	108	(END)
109	109	1
110	110	2
111	111	3
112	112	4
113	113	5
114	114	6
115	115	7
116	116	8
117	117	9
118	118	10
119	119	11
120	120	12
121	121	13
122	122	14
123	123	15
124	124	16
125	125	17
126	126	18
127	127	19
128	128	20