Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB37 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 37
5	5	February 3, 2023 - Introduced by Senators JAMES, BALLWEG, COWLES, QUINN,
6	6	SPREITZER and TAYLOR, cosponsored by Representatives STEFFEN, ALLEN,
7	7	ARMSTRONG, BROOKS, CABRERA, DONOVAN, GREEN, GUNDRUM, GUSTAFSON,
8	8	KITCHENS, KNODL, MACCO, MOSES, MURPHY, MURSAU, NOVAK, O'CONNOR,
9	9	PENTERMAN, RETTINGER, SUBECK, TITTL and TUSLER. Referred to Committee on
10	10	Judiciary and Public Safety.
11	11	AN ACT to consolidate, renumber and amend 165.775 (4) (intro.) and (b); to
12	12	amend 165.775 (3) (b) and 165.775 (4) (a); and to create 165.775 (4) (b) 2. and
13	13	3. of the statutes; relating to: a time limit for processing sexual assault kits.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law contains procedures for the transmission, processing, and storage
16	16	of sexual assault kits. Under current law, once the state crime laboratories takes
17	17	possession of a sexual assault kit, it must do one of the following: 1) if it has received
18	18	the kit of a person who has not consented to analysis, securely store the kit for a
19	19	period of 10 years; or 2) if it has received the kit of a person who has consented to
20	20	analysis, process the kit in accordance with Department of Justice procedures and
21	21	then send the kit to a law enforcement agency for storage for a statutorily prescribed
22	22	period of time.
23	23	This bill provides a specific timeline for the state crime laboratories to process
24	24	sexual assault kits. The bill requires that the state crime laboratories begin
25	25	processing a kit within five business days of receipt and complete processing it within
26	26	60 calendar days after beginning. The timeline applies only to the following sexual
27	27	assault kits:
28	28	1. Kits of a person who has consented to analysis by reporting the sexual
29	29	assault if the perpetrator of the sexual assault is unknown and there is a threat to
30	30	public safety.
31	31	2. Kits containing evidence collected from a sexual assault examination
32	32	performed as part of the investigation of a suspicious death.
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35	35	3 - 2 -2023 - 2024 Legislature LRB-1371/1
36	36	CMH&MJW:cjs&skw
37	37	SENATE BILL 37
38	38	3. Kits requested to be processed by persons who are authorized to request the
39	39	state crime laboratories to conduct a criminal investigation. Under current law, this
40	40	includes sheriffs, coroners, medical examiners, district attorneys, police chiefs, state
41	41	prison wardens or superintendents, the attorney general, or the governor.
42	42	For further information see the state fiscal estimate, which will be printed as
43	43	an appendix to this bill.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 165.775 (3) (b) of the statutes is amended to read:
47	47	165.775 (3) (b) Except as provided in par. (c), within 14 days after taking
48	48	possession of the sexual assault kit, send the sexual assault kit to the state crime
49	49	laboratories for processing in accordance with the procedures specified in the rules
50	50	promulgated under sub. (6) within 14 days after taking possession of the sexual
51	51	assault kit sub. (4) (b).
52	52	SECTION 2. 165.775 (4) (intro.) and (b) of the statutes are consolidated,
53	53	renumbered 165.775 (4) (b) (intro.) and amended to read:
54	54	165.775 (4) (b) (intro.) If Except as provided in par. (a), if the state crime
55	55	laboratories takes possession of a sexual assault kit, it shall do all of the following:
56	56	(b) If the state crime laboratories shall begin processing the kit in accordance with
57	57	the procedures specified in the rules promulgated under sub. (6). The state crime
58	58	laboratories shall begin processing the kit within 5 business days of taking
59	59	possession and shall complete processing the kit within 60 calendar days after the
60	60	processing has begun if any of the following applies:
61	61	1. The victim chooses to report the sexual assault to a Wisconsin law
62	62	enforcement agency and thus has consented to, the identity of the person who
63	63	perpetrated the sexual assault is unknown, and there is a threat to public safety. For
64	64	purposes of this subsection, a victim's report to a law enforcement agency shall be
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84	84	LRB-1371/1
85	85	CMH&MJW:cjs&skw
86	86	SECTION 2
87	87	SENATE BILL 37
88	88	considered consent for the analysis of his or her sexual assault kit, process the kit
89	89	in accordance with the procedures specified in the rules promulgated under sub. (6).
90	90	SECTION 3. 165.775 (4) (a) of the statutes is amended to read:
91	91	165.775 (4) (a) If the state crime laboratories takes possession of a sexual
92	92	assault kit and the victim chooses not to report the sexual assault to a Wisconsin law
93	93	enforcement agency and thus has not consented to the analysis of his or her sexual
94	94	assault kit, , the state crime laboratories shall securely store the sexual assault kit
95	95	for a period of 10 years, during which time the sexual assault victim may choose to
96	96	report the assault to a Wisconsin law enforcement agency.
97	97	SECTION 4. 165.775 (4) (b) 2. and 3. of the statutes are created to read:
98	98	165.775 (4) (b) 2. The sexual assault kit contains evidence collected from a
99	99	sexual assault forensic examination that was performed as part of an investigation
100	100	of a death that involves unexplained, unusual, or suspicious circumstances, as
101	101	determined by a law enforcement agency.
102	102	3. The sexual assault kit was requested to be processed as provided under s.
103	103	165.75 (3) (b).
104	104	SECTION 5.0Effective date.
105	105	(1) This act takes effect on the first day of the 7th month beginning after
106	106	publication.
107	107	(END)
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