Wisconsin 2023-2024 Regular Session Status: Enacted Bipartisan · 18 R · 1 D cosponsors

AB 36 — Relating to: a time limit for processing sexual assault kits. (FE)

Last action — Senator Hesselbein added as a cosponsor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 13, 2023. Enacted.

Signed by Governor Tony Evers (Democratic) on December 06, 2023.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 22 sponsors

    22 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (18 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

86 added · 15 removed

Plain-language change summary

The recent amendment to Bill AB 36 introduces a clear timeline for processing sexual assault kits, requiring state crime laboratories to begin work on a kit within five business days of receipt. Additionally, the amendment specifies that the processing must be completed within six months, ensuring a timely resolution for survivors seeking justice. This change matters because it aims to reduce the backlog of unprocessed kits and improve support for victims of sexual assault, making the justice system more responsive.

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Latest
- 2024 LEGISLATURE LRBa0003/1 MJW&CMH:skw ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 36 March 9, 2023 - Offered by RepresentatiTEFFEN.
- 2024 LEGISLATURE LRB-0956/2 CMH&MJW:cjs&skw ASSEMBLY BILL 36 February 13, 2023 - Introduced by Representatives S TEFFEN , LLEN , ARMSTRONG , BROOKS , CABRERA , ONOVAN , REEN , GUNDRUM , USTAFSON , KITCHENS , NODL , M ACCO , MOSES, MURPHY , MURSAU , NOVAK , 'CONNOR , PENTERMAN , ETTINGER , SUBECK , TITTLand TUSLER , cosponsored by Senators AMES , BALLWEG , OWLES , Q UINN, PREITZER and T AYLOR.
At the locations indicated, amend the bill as follows:
Referred to Committee on Criminal Justice and Public Safety.
A N A CT to consolidate, renumber and amend 165.775 (4) (intro.) and (b);
to amend 165.775 (3) (b) and 165.775 (4) (a);
and to create 165.775 (4) (b) 2.
and 3.
of the statutes;
relating to:
a time limit for processing sexual assault kits.
Analysis by the Legislative Reference Bureau Current law contains procedures for the transmission, processing, and storage of sexual assault kits.
Under current law, once the state crime laboratories takes possession of a sexual assault kit, it must do one of the following:
1) if it has received the kit of a person who has not consented to analysis, securely store the kit for a period of 10 years;
or 2) if it has received the kit of a person who has consented to analysis, process the kit in accordance with Department of Justice procedures and then send the kit to a law enforcement agency for storage for a statutorily prescribed period of time.
This bill provides a specific timeline for the state crime laboratories to process sexual assault kits.
The bill requires that the state crime laboratories begin processing a kit within five business days of receipt and complete processing it within calendar days after beginning.
The timeline applies only to the following sexual assault kits:
Page 2, line 12:
Kits of a person who has consented to analysis by reporting the sexual assault if the perpetrator of the sexual assault is unknown and there is a threat to public safety.
delete “(6).
The" and substitute “(6) and shall complete processing the kit within 6 months after the state crime laboratories receives it, except that the".
Page 3, line 15:
Kits containing evidence collected from a sexual assault examination performed as part of the investigation of a suspicious death.
delete the material beginning with “as" and ending with “(b)." on line 16 and substitute “by both the county sheriff and district attorney for the county where the sexual assault was committed or, if the sexual assault was committed in Milwaukee, by both the Milwaukee chief of police and Milwaukee district attorney.”.
- 2024 Legislature - 2 - LRB-0956/2 CMH&MJW:cjs&skw ASSEMBLY BILL 36 3.
Kits requested to be processed by persons who are authorized to request the state crime laboratories to conduct a criminal investigation.
Under current law, this includes sheriffs, coroners, medical examiners, district attorneys, police chiefs, state prison wardens or superintendents, the attorney general, or the governor.
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.
165.775 (3) (b) of the statutes is amended to read:
165.775 (3) (b) Except as provided in par.
(c), within 14 days after taking possession of the sexual assault kit, send the sexual assault kit to the state crime laboratories for processing in accordance with the procedures specified in the rules promulgated under sub.
(6) within 14 days after taking possession of the sexual assault kit sub.
(4) (b).
SECTION 2.
165.775 (4) (intro.) and (b) of the statutes are consolidated, renumbered 165.775 (4) (b) (intro.) and amended to read:
165.775 (4) (b) (intro.) If Except as provided in par.
(a), if the state crime laboratories takes possession of a sexual assault kit, it shall do all of the following:
(b) If the state crime laboratories shall begin processing the kit in accordance with the procedures specified in the rules promulgated under sub.
(6).
The state crime laboratories shall begin processing the kit within 5 business days of taking possession and shall complete processing the kit within 60 calendar days after the processing has begun if any of the following applies:
1.
The victim chooses to report the sexual assault to a Wisconsin law enforcement agency and thus has consented to , the identity of the person who perpetrated the sexual assault is unknown, and there is a threat to public safety.
Show all 56 changed rows (16 more)
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Latest
For purposes of this subsection, a victim's report to a law enforcement agency shall be LRB-0956/2 - 2024 Legislature - 3 - CMH&MJW:cjs&skw SECTION 2 ASSEMBLY BILL 36 considered consent fore analysis of his or her sexual assault kit, process the kit in accordance with the procedures specified in the rules promulgated under sub.
(6).
SECTION 3.
165.775 (4) (a) of the statutes is amended to read:
165.775 (4) (a) If the state crime laboratories takes possession of a sexual assault kit and the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency and thus has not consented to the analysis of his or her sexual assault kit, , the state crime laboratories shall securely store the sexual assault kit for a period of 10 years, during which time the sexual assault victim may choose to report the assault to a Wisconsin law enforcement agency.
SECTION 4.
165.775 (4) (b) 2.
and 3.
of the statutes are created to read:
165.775 (4) (b) 2.
The sexual assault kit contains evidence collected from a sexual assault forensic examination that was performed as part of an investigation of a death that involves unexplained, unusual, or suspicious circumstances, as determined by a law enforcement agency.
3.
The sexual assault kit was requested to be processed as provided under s.
165.75 (3) (b).
SECTION 5.0Effective date.
(1) This act takes effect on the first day of the 7th month beginning after publication.
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Action History

  1. Senator Hesselbein added as a cosponsor

  2. Published 12-7-2023

  3. Report approved by the Governor on 12-6-2023. 2023 Wisconsin Act 58

  4. Presented to the Governor on 11-30-2023

  5. Report correctly enrolled on 11-8-2023

  6. Received from Senate concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in

  9. Rules suspended to give bill its third reading

  10. Ordered to a third reading

  11. Read a second time

  12. Senator Agard added as a cosponsor

  13. Placed on calendar 11-7-2023 pursuant to Senate Rule 18(1)

  14. Available for scheduling

  15. Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 7, Noes 0

  16. Executive action taken

  17. Public hearing held

  18. Read first time and referred to committee on Judiciary and Public Safety

  19. Received from Assembly

  20. Ordered immediately messaged

  21. Representative Rozar added as a coauthor

  22. Read a third time and passed, Ayes 94, Noes 0

  23. Rules suspended

  24. Ordered to a third reading

  25. Assembly Amendment 1 adopted

  26. Assembly Amendment 1 to Assembly Amendment 1 adopted

  27. Read a second time

  28. Placed on calendar 4-18-2023 by Committee on Rules

  29. Representative C. Anderson added as a coauthor

  30. Referred to committee on Rules

  31. Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 14, Noes 0

  32. Report Assembly Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 14, Noes 0

  33. Report Assembly Amendment 1 to Assembly Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 14, Noes 0

  34. Executive action taken

  35. Fiscal estimate received

  36. Assembly Amendment 1 to Assembly Amendment 1 offered by Representative Steffen

  37. Public hearing held

  38. Assembly Amendment 1 offered by Representative Steffen

  39. Representative Andraca added as a coauthor

  40. Read first time and referred to Committee on Criminal Justice and Public Safety

  41. Introduced by Representatives Steffen, Allen, Armstrong, Brooks, Cabrera, Donovan, Green, Gundrum, Gustafson, Kitchens, Knodl, Macco, Moses, Murphy, Mursau, Novak, O'Connor, Penterman, Rettinger, Subeck, Tittl and Tusler; cosponsored by Senators James, Ballweg, Cowles, Quinn, Spreitzer and Taylor

Sponsors

Sponsorship breakdown

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22 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (22)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

Show all 110 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 94 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 24000
Republican 42000
Unaffiliated 28000
Total 94000
% of votes cast 100%0%0%0%
How each member voted (94)
Member Party Vote
BALDEH — Yea
BINSFELD — Yea
BODDEN — Yea
BRANDTJEN — Yea
CABRERA — Yea
CONLEY — Yea
CONSIDINE — Yea
EDMING — Yea
JOHNSON — Yea
KATSMA — Yea
MACCO — Yea
MAGNAFICI — Yea
MICHALSKI — Yea
MYERS — Yea
OHNSTAD — Yea
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
RETTINGER — Yea
RIEMER — Yea
ROZAR — Yea
SAPIK — Yea
SCHMIDT — Yea
SCHRAA — Yea
SCHUTT — Yea
SHANKLAND — Yea
SHELTON — Yea
SPEAKER — Yea
Anderson, Clinton Democrat Yea
Andraca, Deb Democrat Yea
Bare, Mike Democrat Yea
Billings, Jill Democrat Yea
Clancy, Ryan Democrat Yea
Doyle, Steve Democrat Yea
Drake, Dora Democrat Yea
Emerson, Jodi Democrat Yea
Haywood, Kalan Democrat Yea
Hong, Francesca Democrat Yea
Jacobson, Jenna Democrat Yea
Joers, Alex Democrat Yea
Madison, Darrin Democrat Yea
McGuire, Tip Democrat Yea
Moore Omokunde, Supreme Democrat Yea
Neubauer, Greta Democrat Yea
Ortiz-Velez, Sylvia Democrat Yea
Palmeri, Lori Democrat Yea
Ratcliff, Melissa Democrat Yea
Sinicki, Christine Democrat Yea
Snodgrass, Lee Democrat Yea
Stubbs, Shelia Democrat Yea
Subeck, Lisa Democrat Yea
Vining, Robyn Democrat Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors AB 36?
AB 36 is sponsored by Steffen, David (Republican), Allen, Scott (Republican), Armstrong, David (Republican), Brooks, Robert (Republican), Cabrera, Donovan, Bob (Republican), Green, Chanz (Republican), Gundrum, Rick (Republican), Gustafson, Nate (Republican), Kitchens, Joel (Republican), Knodl, Daniel (Republican), Macco, Moses, Clint (Republican), Murphy, David (Republican), Mursau, Jeffrey (Republican), Novak, Todd (Republican), O'Connor, Jerry (Republican), Penterman, William (Republican), Rettinger, Subeck, Lisa (Democrat), Tittl, Paul (Republican), and Tusler, Ron (Republican).
What is the current status of AB 36?
This bill has been enacted into law. Introduced February 13, 2023. Enacted.
Where can I track AB 36?
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