WI
Wisconsin Senate Bill SB697

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB697 Compare Versions

Only one version of the bill is available at this time.
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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 697
55 November 21, 2023 - Introduced by Senators AGARD, HESSELBEIN, L. JOHNSON,
66 LARSON, PFAFF, ROYS, SMITH, SPREITZER, TAYLOR and WIRCH, cosponsored by
77 Representatives CONLEY, C. ANDERSON, J. ANDERSON, CONSIDINE, DRAKE,
88 EMERSON, JACOBSON, JOERS, MADISON, OHNSTAD, ORTIZ-VELEZ, PALMERI,
99 RATCLIFF, SHANKLAND, SHELTON, SINICKI and STUBBS. Referred to Committee on
1010 Judiciary and Public Safety.
1111 AN ACT to amend subchapter II (title) of chapter 949 [precedes 949.20], 949.20
1212 (1), 949.20 (3), 949.20 (9), 949.24 (1), 949.24 (3), 949.26 (1) and 949.26 (3); and
1313 to create 20.455 (5) (dm), 165.934, 949.20 (2L) and 949.20 (3d) of the statutes;
1414 relating to: forensic examinations done on a crime victim to gather evidence,
1515 modifying administrative rules relating to reimbursement for forensic
1616 examinations, and making an appropriation.
1717 Analysis by the Legislative Reference Bureau
1818 Under current law, the Department of Justice must award a health care
1919 provider the costs of an examination that the provider performs on a victim to gather
2020 evidence regarding a sex offense. The award does not depend upon whether the
2121 victim of the sex offense cooperates with law enforcement or whether the sex offense
2222 is investigated or prosecuted. Under this bill, DOJ must also award a health care
2323 provider the costs of an examination the provider performs on a victim to gather
2424 evidence regarding an offense that involves an allegation of domestic abuse or that
2525 involves strangulation. The bill also treats the administrative rules to increase the
2626 maximum award for such an examination to $3,000.
2727 Under current law, DOJ administers various grant programs, including a
2828 program that awards grants to organizations that provide services to victims of
2929 sexual assault. This bill requires DOJ to administer a program to award grants to
3030 health care facilities that create a new position for a health care provider who
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3838 SENATE BILL 697
3939 conducts, or a recruitment, retention, or training program for health care providers
4040 who conduct, examinations to gather evidence regarding an offense that involves an
4141 allegation of domestic abuse or that involves strangulation.
4242 For further information see the state fiscal estimate, which will be printed as
4343 an appendix to this bill.
4444 The people of the state of Wisconsin, represented in senate and assembly, do
4545 enact as follows:
4646 SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
4747 the following amounts for the purposes indicated:
4848 2023-24 2024-25
4949 20.455 Justice, department of
5050 (5) VICTIMS AND WITNESSES
5151 (dm)Grants for recruiting and retain­
5252 ing health care providers to con­
5353 duct examinations GPR B 2,500,000 2,500,000
5454 SECTION 2. 20.455 (5) (dm) of the statutes is created to read:
5555 20.455 (5) (dm) Grants for recruiting and retaining health care providers to
5656 conduct examinations. Biennially, the amounts in the schedule to provide grants to
5757 health care facilities under s. 165.934 and to administer the grant program.
5858 SECTION 3. 165.934 of the statutes is created to read:
5959 165.934 Grants to health care facilities to conduct examinations of
6060 victims. (1) DEFINITION. In this section, “department” means the department of
6161 justice.
6262 (2) GRANTS. The department shall provide grants to health care facilities that
6363 are eligible under sub. (3).
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8383 SECTION 3
8484 SENATE BILL 697
8585 (3) GRANT ELIGIBILITY. A health care facility is eligible to apply for and receive
8686 a grant under this section if the facility meets all of the following criteria:
8787 (a) The health care facility creates a new position for a health care provider who
8888 conducts, or a recruitment program, a retention program, or a training program for
8989 health care providers who conduct, examinations described under s. 949.20 (3) for
9090 offenses that involve an allegation of domestic abuse or that involve strangulation.
9191 (b) The health care facility provides that it will maintain any position or
9292 program created with the grant moneys for a period determined by the department
9393 after the grant funding ends.
9494 (4) GOALS. When providing grants under this section, the department shall
9595 attempt to provide funding to recruit or retain a number of health care providers who
9696 conduct examinations described under s. 949.20 (3) in each county that is one more
9797 than the number of such health care providers that the county has on the effective
9898 date of this subsection .... (LRB inserts date).
9999 SECTION 4. Subchapter II (title) of chapter 949 [precedes 949.20] of the statutes
100100 is amended to read:
101101 CHAPTER 949
102102 SUBCHAPTER II
103103 SEXUAL ASSAUL T FORENSIC
104104 EXAMINATION COMPENSA TION
105105 SECTION 5. 949.20 (1) of the statutes is amended to read:
106106 949.20 (1) “Cooperate with a law enforcement agency" means to report a sex
107107 an offense to a law enforcement agency or to aid a law enforcement agency in the
108108 investigation of a sex an offense.
109109 SECTION 6. 949.20 (2L) of the statutes is created to read:
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136136 SECTION 6 SENATE BILL 697
137137 949.20 (2L) “Domestic abuse” has the meaning given in s. 813.12 (1) (am) 1. or
138138 2.
139139 SECTION 7. 949.20 (3) of the statutes is amended to read:
140140 949.20 (3) “Examination costs" means the costs of an examination that is done
141141 to gather evidence regarding a sex offense and, if the offense involved is a sex offense,
142142 any procedure during that examination process that tests for or prevents a sexually
143143 transmitted disease, and any medication provided or prescribed, during that related
144144 to the examination process, that prevents or treats a sexually transmitted disease
145145 that the person performing the examination or procedure believes could be a
146146 consequence of the sex offense. “Examination costs" does not include any processing
147147 or administrative costs, attorney fees, or other expenses.
148148 SECTION 8. 949.20 (3d) of the statutes is created to read:
149149 949.20 (3d) “Examination to gather evidence” means an examination that is
150150 done on a victim to gather evidence regarding a sex offense, an offense that involves
151151 an allegation of domestic abuse, or an offense that involves strangulation.
152152 SECTION 9. 949.20 (9) of the statutes is amended to read:
153153 949.20 (9) “Victim" means a person against whom a sex offense, an offense that
154154 involves an allegation of domestic abuse, or an offense that involves strangulation
155155 has been committed.
156156 SECTION 10. 949.24 (1) of the statutes is amended to read:
157157 949.24 (1) ELIGIBILITY. Any health care provider who conducts an examination
158158 to gather evidence regarding a sex offense may apply for an award under this
159159 subchapter.
160160 SECTION 11. 949.24 (3) of the statutes is amended to read:
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187187 SECTION 11
188188 SENATE BILL 697
189189 949.24 (3) MEDICAL RECORDS. An applicant shall submit to the department
190190 reports from any physician, physician's assistant, or nurse who treated or examined
191191 the victim to gather evidence regarding a sex offense, performed any procedure
192192 during that treatment or examination that tests for or prevents a sexually
193193 transmitted disease, or provided or prescribed any medication to prevent or treat a
194194 sexually transmitted disease. The applicant may not submit to the department any
195195 other records than those pertaining to the examination, treatment, procedure, or
196196 medication for which the applicant is seeking an award.
197197 SECTION 12. 949.26 (1) of the statutes is amended to read:
198198 949.26 (1) Except as provided in sub. (1m), the department shall make an
199199 award under this section to a health care provider who conducts an examination to
200200 gather evidence regarding a sex offense to reimburse the health care provider only
201201 for the examination costs, as follows:
202202 (a) If, under sub. (2) (b), the health care provider is not authorized to seek
203203 payment from insurance or another available source of payment, the award shall be
204204 the examination costs, regardless of whether the victim, or any guardian of the
205205 victim, cooperates with a law enforcement agency regarding the sex offense.
206206 (b) If, under sub. (2) (b), the health care provider is authorized to seek payment
207207 from insurance or another available source of payment and the victim, or any
208208 guardian of the victim, does not cooperate with a law enforcement agency regarding
209209 the sex offense, the award shall be the examination costs, reduced by any payment
210210 to be received as a result of the authorization under sub. (2) (b).
211211 SECTION 13. 949.26 (3) of the statutes is amended to read:
212212 949.26 (3) The department may not refuse to make an award under this
213213 section because the victim or the guardian of the victim does not cooperate with
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240240 SECTION 13 SENATE BILL 697
241241 a law enforcement agency regarding the sex offense, or due to lack of an
242242 investigation or prosecution of the sex offense.
243243 SECTION 14. Jus 11.16 (4) of the administrative code is amended to read:
244244 Jus 11.16 (4) MAXIMUM AMOUNT OF AWARD. The department will pay two-thirds
245245 of the amount billed for eligible services, up to a maximum of $1200 $3,000 for each
246246 examination. In exceptional cases, the department in its sole discretion may approve
247247 an award in excess of the maximum amount if the health care provider submits
248248 evidence that that maximum amount did not fairly and equitably compensate it for
249249 the costs incurred in conducting the examination. Beginning January 1, 2017 2025,
250250 the maximum amount of an award shall be adjusted annually by the “inflation
251251 factor" as defined in s. 79.05 (1) (am), Stats., and certified by the department of
252252 revenue under s. 79.05 (2m), Stats.
253253 SECTION 15.0Nonstatutory provisions.
254254 (1) GRANT ADMINISTRATOR. The authorized FTE positions for the department of
255255 justice are increased by 1.0 GPR positions to be funded from the appropriation under
256256 s. 20.455 (5) (dm) for the purpose of administering the grant program under s.
257257 165.934.
258258 SECTION 16.0Fiscal changes.
259259 (1) EXAMINATION TRAINING. In the schedule under s. 20.005 (3) for the
260260 appropriation to the department of justice under s. 20.455 (5) (a), the dollar amount
261261 for fiscal year 2023-24 is increased by $100,000 to increase the authorized FTE
262262 positions for the department by 0.5 GPR positions to train health care providers on
263263 how to conduct examinations to gather evidence of domestic abuse and
264264 strangulation. In the schedule under s. 20.005 (3) for the appropriation to the
265265 department of justice under s. 20.455 (5) (a), the dollar amount for fiscal year
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293293 SECTION 16
294294 SENATE BILL 697
295295 2024-25 is increased by $100,000 to provide funding for the position authorized
296296 under this subsection.
297297 SECTION 17.0Effective date.
298298 (1) Notwithstanding s. 227.265, this act takes effect on the day after
299299 publication.
300300 (END)
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