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Wisconsin Assembly Bill AB734

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB734 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 734
55 December 6, 2023 - Introduced by Representatives CONLEY, C. ANDERSON, J.
66 ANDERSON, CONSIDINE, DRAKE, EMERSON, JACOBSON, JOERS, MADISON, OHNSTAD,
77 ORTIZ-VELEZ, PALMERI, RATCLIFF, SHANKLAND, SHELTON, SINICKI and STUBBS,
88 cosponsored by Senators AGARD, HESSELBEIN, L. JOHNSON, LARSON, PFAFF,
99 ROYS, SMITH, SPREITZER, TAYLOR and WIRCH. Referred to Committee on
1010 Criminal Justice and Public Safety.
1111 ***AUTHORS SUBJECT TO CHANGE***
1212 AN ACT to amend subchapter II (title) of chapter 949 [precedes 949.20], 949.20
1313 (1), 949.20 (3), 949.20 (9), 949.24 (1), 949.24 (3), 949.26 (1) and 949.26 (3); and
1414 to create 20.455 (5) (dm), 165.934, 949.20 (2L) and 949.20 (3d) of the statutes;
1515 relating to: forensic examinations done on a crime victim to gather evidence,
1616 modifying administrative rules relating to reimbursement for forensic
1717 examinations, and making an appropriation.
1818 Analysis by the Legislative Reference Bureau
1919 Under current law, the Department of Justice must award a health care
2020 provider the costs of an examination that the provider performs on a victim to gather
2121 evidence regarding a sex offense. The award does not depend upon whether the
2222 victim of the sex offense cooperates with law enforcement or whether the sex offense
2323 is investigated or prosecuted. Under this bill, DOJ must also award a health care
2424 provider the costs of an examination the provider performs on a victim to gather
2525 evidence regarding an offense that involves an allegation of domestic abuse or that
2626 involves strangulation. The bill also treats the administrative rules to increase the
2727 maximum award for such an examination to $3,000.
2828 Under current law, DOJ administers various grant programs, including a
2929 program that awards grants to organizations that provide services to victims of
3030 sexual assault. This bill requires DOJ to administer a program to award grants to
3131 health care facilities that create a new position for a health care provider who
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3939 ASSEMBLY BILL 734
4040 conducts, or a recruitment, retention, or training program for health care providers
4141 who conduct, examinations to gather evidence regarding an offense that involves an
4242 allegation of domestic abuse or that involves strangulation.
4343 For further information see the state fiscal estimate, which will be printed as
4444 an appendix to this bill.
4545 The people of the state of Wisconsin, represented in senate and assembly, do
4646 enact as follows:
4747 SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
4848 the following amounts for the purposes indicated:
4949 2023-24 2024-25
5050 20.455 Justice, department of
5151 (5) VICTIMS AND WITNESSES
5252 (dm)Grants for recruiting and retain­
5353 ing health care providers to con­
5454 duct examinations GPR B 2,500,000 2,500,000
5555 SECTION 2. 20.455 (5) (dm) of the statutes is created to read:
5656 20.455 (5) (dm) Grants for recruiting and retaining health care providers to
5757 conduct examinations. Biennially, the amounts in the schedule to provide grants to
5858 health care facilities under s. 165.934 and to administer the grant program.
5959 SECTION 3. 165.934 of the statutes is created to read:
6060 165.934 Grants to health care facilities to conduct examinations of
6161 victims. (1) DEFINITION. In this section, “department” means the department of
6262 justice.
6363 (2) GRANTS. The department shall provide grants to health care facilities that
6464 are eligible under sub. (3).
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8484 SECTION 3
8585 ASSEMBLY BILL 734
8686 (3) GRANT ELIGIBILITY. A health care facility is eligible to apply for and receive
8787 a grant under this section if the facility meets all of the following criteria:
8888 (a) The health care facility creates a new position for a health care provider who
8989 conducts, or a recruitment program, a retention program, or a training program for
9090 health care providers who conduct, examinations described under s. 949.20 (3) for
9191 offenses that involve an allegation of domestic abuse or that involve strangulation.
9292 (b) The health care facility provides that it will maintain any position or
9393 program created with the grant moneys for a period determined by the department
9494 after the grant funding ends.
9595 (4) GOALS. When providing grants under this section, the department shall
9696 attempt to provide funding to recruit or retain a number of health care providers who
9797 conduct examinations described under s. 949.20 (3) in each county that is one more
9898 than the number of such health care providers that the county has on the effective
9999 date of this subsection .... (LRB inserts date).
100100 SECTION 4. Subchapter II (title) of chapter 949 [precedes 949.20] of the statutes
101101 is amended to read:
102102 CHAPTER 949
103103 SUBCHAPTER II
104104 SEXUAL ASSAUL T FORENSIC
105105 EXAMINATION COMPENSA TION
106106 SECTION 5. 949.20 (1) of the statutes is amended to read:
107107 949.20 (1) “Cooperate with a law enforcement agency" means to report a sex
108108 an offense to a law enforcement agency or to aid a law enforcement agency in the
109109 investigation of a sex an offense.
110110 SECTION 6. 949.20 (2L) of the statutes is created to read:
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137137 SECTION 6 ASSEMBLY BILL 734
138138 949.20 (2L) “Domestic abuse” has the meaning given in s. 813.12 (1) (am) 1. or
139139 2.
140140 SECTION 7. 949.20 (3) of the statutes is amended to read:
141141 949.20 (3) “Examination costs" means the costs of an examination that is done
142142 to gather evidence regarding a sex offense and, if the offense involved is a sex offense,
143143 any procedure during that examination process that tests for or prevents a sexually
144144 transmitted disease, and any medication provided or prescribed, during that related
145145 to the examination process, that prevents or treats a sexually transmitted disease
146146 that the person performing the examination or procedure believes could be a
147147 consequence of the sex offense. “Examination costs" does not include any processing
148148 or administrative costs, attorney fees, or other expenses.
149149 SECTION 8. 949.20 (3d) of the statutes is created to read:
150150 949.20 (3d) “Examination to gather evidence” means an examination that is
151151 done on a victim to gather evidence regarding a sex offense, an offense that involves
152152 an allegation of domestic abuse, or an offense that involves strangulation.
153153 SECTION 9. 949.20 (9) of the statutes is amended to read:
154154 949.20 (9) “Victim" means a person against whom a sex offense, an offense that
155155 involves an allegation of domestic abuse, or an offense that involves strangulation
156156 has been committed.
157157 SECTION 10. 949.24 (1) of the statutes is amended to read:
158158 949.24 (1) ELIGIBILITY. Any health care provider who conducts an examination
159159 to gather evidence regarding a sex offense may apply for an award under this
160160 subchapter.
161161 SECTION 11. 949.24 (3) of the statutes is amended to read:
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188188 SECTION 11
189189 ASSEMBLY BILL 734
190190 949.24 (3) MEDICAL RECORDS. An applicant shall submit to the department
191191 reports from any physician, physician's assistant, or nurse who treated or examined
192192 the victim to gather evidence regarding a sex offense, performed any procedure
193193 during that treatment or examination that tests for or prevents a sexually
194194 transmitted disease, or provided or prescribed any medication to prevent or treat a
195195 sexually transmitted disease. The applicant may not submit to the department any
196196 other records than those pertaining to the examination, treatment, procedure, or
197197 medication for which the applicant is seeking an award.
198198 SECTION 12. 949.26 (1) of the statutes is amended to read:
199199 949.26 (1) Except as provided in sub. (1m), the department shall make an
200200 award under this section to a health care provider who conducts an examination to
201201 gather evidence regarding a sex offense to reimburse the health care provider only
202202 for the examination costs, as follows:
203203 (a) If, under sub. (2) (b), the health care provider is not authorized to seek
204204 payment from insurance or another available source of payment, the award shall be
205205 the examination costs, regardless of whether the victim, or any guardian of the
206206 victim, cooperates with a law enforcement agency regarding the sex offense.
207207 (b) If, under sub. (2) (b), the health care provider is authorized to seek payment
208208 from insurance or another available source of payment and the victim, or any
209209 guardian of the victim, does not cooperate with a law enforcement agency regarding
210210 the sex offense, the award shall be the examination costs, reduced by any payment
211211 to be received as a result of the authorization under sub. (2) (b).
212212 SECTION 13. 949.26 (3) of the statutes is amended to read:
213213 949.26 (3) The department may not refuse to make an award under this
214214 section because the victim or the guardian of the victim does not cooperate with
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241241 SECTION 13 ASSEMBLY BILL 734
242242 a law enforcement agency regarding the sex offense, or due to lack of an
243243 investigation or prosecution of the sex offense.
244244 SECTION 14. Jus 11.16 (4) of the administrative code is amended to read:
245245 Jus 11.16 (4) MAXIMUM AMOUNT OF AWARD. The department will pay two-thirds
246246 of the amount billed for eligible services, up to a maximum of $1200 $3,000 for each
247247 examination. In exceptional cases, the department in its sole discretion may approve
248248 an award in excess of the maximum amount if the health care provider submits
249249 evidence that that maximum amount did not fairly and equitably compensate it for
250250 the costs incurred in conducting the examination. Beginning January 1, 2017 2025,
251251 the maximum amount of an award shall be adjusted annually by the “inflation
252252 factor" as defined in s. 79.05 (1) (am), Stats., and certified by the department of
253253 revenue under s. 79.05 (2m), Stats.
254254 SECTION 15.0Nonstatutory provisions.
255255 (1) GRANT ADMINISTRATOR. The authorized FTE positions for the department of
256256 justice are increased by 1.0 GPR positions to be funded from the appropriation under
257257 s. 20.455 (5) (dm) for the purpose of administering the grant program under s.
258258 165.934.
259259 SECTION 16.0Fiscal changes.
260260 (1) EXAMINATION TRAINING. In the schedule under s. 20.005 (3) for the
261261 appropriation to the department of justice under s. 20.455 (5) (a), the dollar amount
262262 for fiscal year 2023-24 is increased by $100,000 to increase the authorized FTE
263263 positions for the department by 0.5 GPR positions to train health care providers on
264264 how to conduct examinations to gather evidence of domestic abuse and
265265 strangulation. In the schedule under s. 20.005 (3) for the appropriation to the
266266 department of justice under s. 20.455 (5) (a), the dollar amount for fiscal year
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294294 SECTION 16
295295 ASSEMBLY BILL 734
296296 2024-25 is increased by $100,000 to provide funding for the position authorized
297297 under this subsection.
298298 SECTION 17.0Effective date.
299299 (1) Notwithstanding s. 227.265, this act takes effect on the day after
300300 publication.
301301 (END)
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