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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 734
December 6, 2023 - Introduced by Representatives CONLEY, C. ANDERSON, J.
ANDERSON, CONSIDINE, DRAKE, EMERSON, JACOBSON, JOERS, MADISON, OHNSTAD,
ORTIZ-VELEZ, PALMERI, RATCLIFF, SHANKLAND, SHELTON, SINICKI and STUBBS,
cosponsored by Senators AGARD, HESSELBEIN, L. JOHNSON, LARSON, PFAFF,
ROYS, SMITH, SPREITZER, TAYLOR and WIRCH. Referred to Committee on
Criminal Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend subchapter II (title) of chapter 949 [precedes 949.20], 949.20
(1), 949.20 (3), 949.20 (9), 949.24 (1), 949.24 (3), 949.26 (1) and 949.26 (3); and
to create 20.455 (5) (dm), 165.934, 949.20 (2L) and 949.20 (3d) of the statutes;
relating to: forensic examinations done on a crime victim to gather evidence,
modifying administrative rules relating to reimbursement for forensic
examinations, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Justice must award a health care
provider the costs of an examination that the provider performs on a victim to gather
evidence regarding a sex offense. The award does not depend upon whether the
victim of the sex offense cooperates with law enforcement or whether the sex offense
is investigated or prosecuted. Under this bill, DOJ must also award a health care
provider the costs of an examination the provider performs on a victim to gather
evidence regarding an offense that involves an allegation of domestic abuse or that
involves strangulation. The bill also treats the administrative rules to increase the
maximum award for such an examination to $3,000.
Under current law, DOJ administers various grant programs, including a
program that awards grants to organizations that provide services to victims of
sexual assault. This bill requires DOJ to administer a program to award grants to
health care facilities that create a new position for a health care provider who
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ASSEMBLY BILL 734
conducts, or a recruitment, retention, or training program for health care providers
who conduct, examinations to gather evidence regarding an offense that involves an
allegation of domestic abuse or that involves strangulation.
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:
SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
the following amounts for the purposes indicated:
2023-24 2024-25
20.455 Justice, department of
(5) VICTIMS AND WITNESSES
(dm)Grants for recruiting and retain
ing health care providers to con
duct examinations GPR B 2,500,000 2,500,000
SECTION 2. 20.455 (5) (dm) of the statutes is created to read:
20.455 (5) (dm) Grants for recruiting and retaining health care providers to
conduct examinations. Biennially, the amounts in the schedule to provide grants to
health care facilities under s. 165.934 and to administer the grant program.
SECTION 3. 165.934 of the statutes is created to read:
165.934 Grants to health care facilities to conduct examinations of
victims. (1) DEFINITION. In this section, “department” means the department of
justice.
(2) GRANTS. The department shall provide grants to health care facilities that
are eligible under sub. (3).
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SECTION 3
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(3) GRANT ELIGIBILITY. A health care facility is eligible to apply for and receive
a grant under this section if the facility meets all of the following criteria:
(a) The health care facility creates a new position for a health care provider who
conducts, or a recruitment program, a retention program, or a training program for
health care providers who conduct, examinations described under s. 949.20 (3) for
offenses that involve an allegation of domestic abuse or that involve strangulation.
(b) The health care facility provides that it will maintain any position or
program created with the grant moneys for a period determined by the department
after the grant funding ends.
(4) GOALS. When providing grants under this section, the department shall
attempt to provide funding to recruit or retain a number of health care providers who
conduct examinations described under s. 949.20 (3) in each county that is one more
than the number of such health care providers that the county has on the effective
date of this subsection .... (LRB inserts date).
SECTION 4. Subchapter II (title) of chapter 949 [precedes 949.20] of the statutes
is amended to read:
CHAPTER 949
SUBCHAPTER II
SEXUAL ASSAUL T FORENSIC
EXAMINATION COMPENSA TION
SECTION 5. 949.20 (1) of the statutes is amended to read:
949.20 (1) “Cooperate with a law enforcement agency" means to report a sex
an offense to a law enforcement agency or to aid a law enforcement agency in the
investigation of a sex an offense.
SECTION 6. 949.20 (2L) of the statutes is created to read:
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SECTION 6 ASSEMBLY BILL 734
949.20 (2L) “Domestic abuse” has the meaning given in s. 813.12 (1) (am) 1. or
2.
SECTION 7. 949.20 (3) of the statutes is amended to read:
949.20 (3) “Examination costs" means the costs of an examination that is done
to gather evidence regarding a sex offense and, if the offense involved is a sex offense,
any procedure during that examination process that tests for or prevents a sexually
transmitted disease, and any medication provided or prescribed, during that related
to the examination process, that prevents or treats a sexually transmitted disease
that the person performing the examination or procedure believes could be a
consequence of the sex offense. “Examination costs" does not include any processing
or administrative costs, attorney fees, or other expenses.
SECTION 8. 949.20 (3d) of the statutes is created to read:
949.20 (3d) “Examination to gather evidence” means an examination that is
done on a victim to gather evidence regarding a sex offense, an offense that involves
an allegation of domestic abuse, or an offense that involves strangulation.
SECTION 9. 949.20 (9) of the statutes is amended to read:
949.20 (9) “Victim" means a person against whom a sex offense, an offense that
involves an allegation of domestic abuse, or an offense that involves strangulation
has been committed.
SECTION 10. 949.24 (1) of the statutes is amended to read:
949.24 (1) ELIGIBILITY. Any health care provider who conducts an examination
to gather evidence regarding a sex offense may apply for an award under this
subchapter.
SECTION 11. 949.24 (3) of the statutes is amended to read:
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SECTION 11
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949.24 (3) MEDICAL RECORDS. An applicant shall submit to the department
reports from any physician, physician's assistant, or nurse who treated or examined
the victim to gather evidence regarding a sex offense, performed any procedure
during that treatment or examination that tests for or prevents a sexually
transmitted disease, or provided or prescribed any medication to prevent or treat a
sexually transmitted disease. The applicant may not submit to the department any
other records than those pertaining to the examination, treatment, procedure, or
medication for which the applicant is seeking an award.
SECTION 12. 949.26 (1) of the statutes is amended to read:
949.26 (1) Except as provided in sub. (1m), the department shall make an
award under this section to a health care provider who conducts an examination to
gather evidence regarding a sex offense to reimburse the health care provider only
for the examination costs, as follows:
(a) If, under sub. (2) (b), the health care provider is not authorized to seek
payment from insurance or another available source of payment, the award shall be
the examination costs, regardless of whether the victim, or any guardian of the
victim, cooperates with a law enforcement agency regarding the sex offense.
(b) If, under sub. (2) (b), the health care provider is authorized to seek payment
from insurance or another available source of payment and the victim, or any
guardian of the victim, does not cooperate with a law enforcement agency regarding
the sex offense, the award shall be the examination costs, reduced by any payment
to be received as a result of the authorization under sub. (2) (b).
SECTION 13. 949.26 (3) of the statutes is amended to read:
949.26 (3) The department may not refuse to make an award under this
section because the victim or the guardian of the victim does not cooperate with
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SECTION 13 ASSEMBLY BILL 734
a law enforcement agency regarding the sex offense, or due to lack of an
investigation or prosecution of the sex offense.
SECTION 14. Jus 11.16 (4) of the administrative code is amended to read:
Jus 11.16 (4) MAXIMUM AMOUNT OF AWARD. The department will pay two-thirds
of the amount billed for eligible services, up to a maximum of $1200 $3,000 for each
examination. In exceptional cases, the department in its sole discretion may approve
an award in excess of the maximum amount if the health care provider submits
evidence that that maximum amount did not fairly and equitably compensate it for
the costs incurred in conducting the examination. Beginning January 1, 2017 2025,
the maximum amount of an award shall be adjusted annually by the “inflation
factor" as defined in s. 79.05 (1) (am), Stats., and certified by the department of
revenue under s. 79.05 (2m), Stats.
SECTION 15.0Nonstatutory provisions.
(1) GRANT ADMINISTRATOR. The authorized FTE positions for the department of
justice are increased by 1.0 GPR positions to be funded from the appropriation under
s. 20.455 (5) (dm) for the purpose of administering the grant program under s.
165.934.
SECTION 16.0Fiscal changes.
(1) EXAMINATION TRAINING. In the schedule under s. 20.005 (3) for the
appropriation to the department of justice under s. 20.455 (5) (a), the dollar amount
for fiscal year 2023-24 is increased by $100,000 to increase the authorized FTE
positions for the department by 0.5 GPR positions to train health care providers on
how to conduct examinations to gather evidence of domestic abuse and
strangulation. In the schedule under s. 20.005 (3) for the appropriation to the
department of justice under s. 20.455 (5) (a), the dollar amount for fiscal year
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SECTION 16
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2024-25 is increased by $100,000 to provide funding for the position authorized
under this subsection.
SECTION 17.0Effective date.
(1) Notwithstanding s. 227.265, this act takes effect on the day after
publication.
(END)
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