| 1 | 1 | | LRB-0248/1 |
|---|
| 2 | 2 | | MJW:cdc |
|---|
| 3 | 3 | | 2023 - 2024 LEGISLATURE |
|---|
| 4 | 4 | | 2023 SENATE BILL 43 |
|---|
| 5 | 5 | | February 14, 2023 - Introduced by Senator J ACQUE, cosponsored by |
|---|
| 6 | 6 | | Representatives MURPHY, BRANDTJEN, BEHNKE, BODDEN, DONOVAN and |
|---|
| 7 | 7 | | WICHGERS. Referred to Committee on Judiciary and Public Safety. |
|---|
| 8 | 8 | | AN ACT to amend 165.775 (3) (b) and 165.775 (4) (b) of the statutes; relating to: |
|---|
| 9 | 9 | | a time limitation for processing sexual assault kits. |
|---|
| 10 | 10 | | Analysis by the Legislative Reference Bureau |
|---|
| 11 | 11 | | Current law contains procedures for the transmission, processing, and storage |
|---|
| 12 | 12 | | of sexual assault kits. Under current law, once the state crime laboratories takes |
|---|
| 13 | 13 | | possession of a sexual assault kit, it must do one of the following: 1) if it has received |
|---|
| 14 | 14 | | the kit of a person who has not consented to analysis, securely store the kit for a |
|---|
| 15 | 15 | | period of 10 years; or 2) if it has received the kit of a person who has consented to |
|---|
| 16 | 16 | | analysis, process the kit in accordance with Department of Justice procedures and |
|---|
| 17 | 17 | | then send the kit to a law enforcement agency for storage for a statutorily prescribed |
|---|
| 18 | 18 | | period of time. This bill provides that the state crime laboratories must process the |
|---|
| 19 | 19 | | sexual assault kit of a person who has consented to analysis within 90 days after |
|---|
| 20 | 20 | | receiving the kit. |
|---|
| 21 | 21 | | For further information see the state fiscal estimate, which will be printed as |
|---|
| 22 | 22 | | an appendix to this bill. |
|---|
| 23 | 23 | | The people of the state of Wisconsin, represented in senate and assembly, do |
|---|
| 24 | 24 | | enact as follows: |
|---|
| 25 | 25 | | SECTION 1. 165.775 (3) (b) of the statutes is amended to read: |
|---|
| 26 | 26 | | 165.775 (3) (b) Except as provided in par. (c), within 14 days after taking |
|---|
| 27 | 27 | | possession of the sexual assault kit, send the sexual assault kit to the state crime |
|---|
| 28 | 28 | | 1 |
|---|
| 29 | 29 | | 2 |
|---|
| 30 | 30 | | 3 |
|---|
| 31 | 31 | | 4 |
|---|
| 32 | 32 | | 5 - 2 -2023 - 2024 Legislature LRB-0248/1 |
|---|
| 33 | 33 | | MJW:cdc |
|---|
| 34 | 34 | | SECTION 1 SENATE BILL 43 |
|---|
| 35 | 35 | | laboratories for processing in accordance with the procedures specified in the rules |
|---|
| 36 | 36 | | promulgated under sub. (6) within 14 days after taking possession of the sexual |
|---|
| 37 | 37 | | assault kit sub. (4) (b). |
|---|
| 38 | 38 | | SECTION 2. 165.775 (4) (b) of the statutes is amended to read: |
|---|
| 39 | 39 | | 165.775 (4) (b) If the victim chooses to report the sexual assault to a Wisconsin |
|---|
| 40 | 40 | | law enforcement agency and thus has consented to the analysis of his or her sexual |
|---|
| 41 | 41 | | assault kit, process the kit within 90 days in accordance with the procedures |
|---|
| 42 | 42 | | specified in the rules promulgated under sub. (6). |
|---|
| 43 | 43 | | SECTION 3.0Effective date. |
|---|
| 44 | 44 | | (1) This act takes effect on the first day of the 7th month beginning after |
|---|
| 45 | 45 | | publication. |
|---|
| 46 | 46 | | (END) |
|---|
| 47 | 47 | | 1 |
|---|
| 48 | 48 | | 2 |
|---|
| 49 | 49 | | 3 |
|---|
| 50 | 50 | | 4 |
|---|
| 51 | 51 | | 5 |
|---|
| 52 | 52 | | 6 |
|---|
| 53 | 53 | | 7 |
|---|
| 54 | 54 | | 8 |
|---|
| 55 | 55 | | 9 |
|---|
| 56 | 56 | | 10 |
|---|
| 57 | 57 | | 11 |
|---|
| 58 | 58 | | 12 |
|---|