Wisconsin 2019-2020 Regular Session Status: Passed Assembly 11 R cosponsors

AB 844 — Relating to: creating a sexual assault victim bill of rights; collection and reporting of data regarding sexual assault kits; storage and processing of sexual assault kits; tracking of sexual assault kits in sexual assault cases; and requiring the exercise of rule-making authority. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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    Introduced
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    Passed Assembly
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    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

509 added · 31 removed

Plain-language change summary

The recent amendments to Assembly Bill 844 include changing the terms "data bank" to "database" to clarify how information will be stored, and removing certain terms that could lead to ambiguity about the handling of sexual assault kits. Additionally, specific instructions for entering information collected in sexual assault cases into a state database have been added. These changes are significant because they aim to create clearer procedures for processing sexual assault kits, which can enhance transparency and accountability in handling these sensitive cases.

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- 2020 LEGISLATURE LRBa1104/1 CMH&MLJ:ahe&cdc ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 844 February 5, 2020 - Offered by RepresentatiHIESFELDTand STEFFEN.
- 2020 LEGISLATURE LRB-5536/1 MLJ/CMH/FFK:kjf&amn ASSEMBLY BILL 844 February 3, 2020 - Introduced by Representatives S TEFFEN, THIESFELDT, BRANDTJEN , AMES, LOUDENBECK , DITTRIC, GUNDRUM , MAGNAFIC, PETERSEN, SANFELIPPO, K RUG, KULP, M URSAU, M URPHY, T ITT, ZIMMERMAN , K NODL, KERKMAN and QUINN, cosponsored by SenatorACQUE.
At the locations indicated, amend the bill as follows:
Referred to Committee on Health.
A N A CT to repeal 165.77 (7) and 175.405;
to renumber 950.03 and 950.04 (1v) (dL);
to amend 165.845 (title), 165.845 (1) (a), 165.845 (1) (b), 165.845 (2), 949.20 (3) and 968.205 (3) (intro.);
and to create 50.378 (1m), 100.58, 118.60 (1) (f), 118.60 (1) (h), 118.60 (3g), 119.23 (1) (cf), 119.23 (1) (e), 119.23 (3g), 165.25 (20), 165.775, 165.788, 165.845 (1) (d), 165.847, 175.408, 895.537, 949.23, 950.02 (3t), 950.03 (2), 950.043 and 973.06 (1) (i) of the statutes;
relating to:
creating a sexual assault victim bill of rights;
collection and reporting of data regarding sexual assault kits;
storage and processing of sexual assault kits;
tracking of sexual assault kits in sexual assault cases;
and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau P ROCESSING OF SEXUAL ASSAULT KITS Under current law, there is no statutory procedure for the collection and processing of sexual assault kits.
This bill creates procedures for transmission, processing, and storage of sexual assault kitsUnder the bill, a health care professional who collects a sexual assault kit must do one of the following:
1) if the - 2020 Legislature - 2 - LRB-5536/1 MLJ/CMH/FFK:kjf&amn ASSEMBLY BILL 844 victim chooses to report the sexual assault to law enforcement, the health care professional must notify a law enforcement agency within 24 hours of collecting the kit;
or 2) if the victim chooses not to report the sexual assault to law enforcement, the health care professional must send the kit to the state crime laboratories for storage no more than two business days after collecting the kit.
Under the bill, if a law enforcement agency has been notified by a health care professional that a kit has been collected, the law enforcement agency must take possession of the kit within 48 hours, and must then send the kit to the state crime laboratories for processing no less than 48 hours and no more than seven days after taking possession of it.
If the victim changes his or her mind about wanting to have his or her kit analyzed after it is given to a law enforcement agency but before the agency sends the kit to the state crime laboratories for processing, the agency must send the kit to the state crime laboratories for storage rather than for processing.
Under the bill, 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 50 years;
or 2) if it has received the kit of a person who has consented to analysis, process the kit within 90 days and then securely store the kit for 50 years, until the date of the expiration of the statute of limitations, or until the end of a term of imprisonment or probation of a person convicted in the sexual assault case, whichever is longest.
S EXUAL ASSAULT VICTIM BILL OF RIGHTS This bill creates a sexual assault victim bill of rights.
In addition to the rights extended to crime victims under Wisconsin's basic bill of rights for victims and witnesses, this bill adds the following rights for victims of sexual assault, regardless of whether or not they choose to cooperate with a law enforcement agency:
the right to be provided with accurate written information about his or her rights as a sexual assault victim;
the right to bathe immediately following a sexual assault forensic examination;
the right to choose whether or not to cooperate with a law enforcement agency;
the right to have any sexual assault kit stored for 50 years or until the end of the prison term of the person convicted of the assault against him or her;
and the right to be notified in writing of the results of his or her sexual assault kit analysis, to be notified in writing of the occurrence of analysis of another sexual assault kit in which there is a matching DNA sample collected, and to be notified in writing 60 days prior to the destruction of any evidence obtained in a sexual assault forensic examination.
S EXUAL ASSAULT DATA Under current law, local law enforcement agencies must report certain crime statistics to the Department of Justice.
This bill requires DOJ to collect certain data regarding sexual assault kits collected and tested in Wisconsin in addition to the data currently being collected, and requires DOJ to submit an annual report to the legislature on those sexual assault kits.
Under the bill, DOJ must report specific information including the following:
the number of sexual assault kits collected and the dates of collection, the number of sexual assault kits submitted to DOJ laboratories for analysis, the number of kits submitted to DOJ laboratories for analysis that have not yet been analyzed and the reason they have not been LRB-5536/1 - 2020 Legislature - 3 - MLJ/CMH/FFK:kjf&amn ASSEMBLY BILL 844 analyzed, the dates of submission and, if applicable, analysis, and the number of kits not submitted to DOJ for analysis that remain in law enforcement custody and the reason the kits were not submitted.
The bill also requires DOJ to publish data on law enforcement agency compliance with DOJ reporting requirements.
This bill also requires DOJ to establish a data bank, to be known as the Wisconsin Sexual Assault Kit Tracking System, for the purpose of providing a victim of sexual assault access to information about the status of any sexual assault kit the victim has provided.
CITIZENSHIP OF INDIVIDUALS ARRESTED FOR AND CONVICTED OF SEXUAL ASSAULT Under the bill, if a person under arrest for sexual assault is not a U.S.
citizen and is not authorized to be in the United States under federal law, the law enforcement agency must notify U.S.
Immigration and Customs Enforcement.
In addition, if a person convicted for sexual assault is not a U.S.
citizen and is not authorized to be in the United States under federal law, DOJ must notify U.S.
Immigration and Customs Enforcement.
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P ARENTAL CHOICE PROGRAMS;
EXCEPTIONS FOR VICTIMS OF SEXUAL ASSAULT Under the bill, a pupil who is a victim of sexual assault may attend a private school participating in the Milwaukee Parental Choice Program, the Racine Parental Choice Program, or the statewide parental choice program, regardless of whether the pupil meets the standard eligibility requirements to participate in the parental choice program.
Additionally, the bill provides an alternative application procedure that allows a pupil who is victim of sexual assault to begin attending a private school under a parental choice program at any time during the school year.
For purposes of these provisions, a pupil is a victim of sexual assault if charges are filed for the sexual assault and the person against whom the charges were filed is a pupil or a school district employee.
M ISCELLANEOUS Current law allows a health care provider who conducts an examination to gather evidence regarding a sex offense to apply to DOJ for reimbursement of the examination costs, which include tests for sexually transmitted diseases and medications to prevent or treat a sexually transmitted disease.
This bill adds the following as costs that may be reimbursed:
1) if the health care provider believes that pregnancy could be a consequence of the sex offense, the costs of a pregnancy test, to be administered when a pregnancy may be detected and 2) a post-exposure prophylaxis.
The bill also provides authority to a court to require a defendant who is convicted of a crime in which a sexual assault kit was collected to pay the costs for collection of the sexual assault kit and prohibits the sale of at-home sexual assault evidence collection kits.
- 2020 Legislature - 4 - LRB-5536/1 MLJ/CMH/FFK:kjf&amn ASSEMBLY BILL 844 For further information see the state and local 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:
S ECTION 1.
50.378 (1m) of the statutes is created to read:
50.378(1m) N OTIFICATION OF VICTIM RIGHA hospital that provides emergency services to a victim of sexual assault, human trafficking, or child sexual abuse shall inform the victim of his or her rights under ss.
950.04 (1v) (ag), (bm), (c), (d), and (em) and 950.043 orally and, using a form provided by the department of justice, in writing.
S ECTION 2.
100.58 of the statutes is created to read:
100.58 At-home sexual assault evidence collection kits.
(1) In this section:
(a) “At-home sexual assault evidence collection kit” means a kit that is intended for use by a person who is not a health care professional or employee of a law enforcement agency to collect forensic evidence regarding a sex offense.
(b) “Health care professional” means a person licensed, certified, or registered under ch.
441, 448, or 455.
(c) “Sex offense” has the meaning given in s.
949.20 (7).
(2) No person may sell or offer for sale in this state an at-home sexual assault evidence collection kit.
S ECTION 3.
118.60 (1) (f) of the statutes is created to read:
118.60 (1) (f) “Sexual assault” means conduct that is in violation of s.
940.225, 948.02, 948.025, 948.055, 948.06, 948.08, 948.085, 948.09 or 948.10.
S ECTION 4.
118.60 (1) (h) of the statutes is created to read:
LRB-5536/1 - 2020 Legislature - 5 - MLJ/CMH/FFK:kjf&amn SECTION 4 ASSEMBLY BILL 844 118.60 (1) (h) “Victim" means an individual who is the victim of sexual assault if charges have been filed for the sexual assault and the individual against whom the charges are filed is a pupil or an employee of a school district.
SECTION 5.
118.60 (3g) of the statutes is created to read:
118.60 (3g) (a) 1.
Notwithstanding sub.
(2), a pupil in grades kindergarten to 12 who resides within an eligible school district and is a victim may attend a participating private school under this section.
2.
Notwithstanding sub.
(2), a pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, and is a victim may attend a participating private school under this section.
(b) 1.
Notwithstanding sub.
(3), the parent of a pupil under par.
(a) who wishes to attend a participating private school under this section may, in lieu of applying under sub.
(3), submit an application under this subsection, on a form provided by the department, at any time during the school year.
2.
If a participating private school receives an application under subd.
Page 9, line 23:
the participating private school shall notify the applicant, in writing, whether it has accepted the application no later than 60 days after receiving the application.
delete “data bank" and substitute “database".
A participating private school may reject an applicant under this paragraph only if the participating private school has reached its maximum general capacity or seating capacity.
If a participating private school rejects an application, the participating private school shall include the reason in the written notice.
3.
If an application is accepted by a participating private school under this paragraph, the pupil may immediately begin attending the participating private school.
- 2020 Legislature - 6 - LRB-5536/1 MLJ/CMH/FFK:kjf&amn ASSEMBLY BILL 844 SECTION 5 (c) The department may not count a pupil who attends a participating private school under this subsection for purposes of determining whether a school district has exceeded its pupil participation limit under sub.
(2) (be).
SECTION 6.
119.23 (1) (cf) of the statutes is created to read:
119.23 (1) (cf) “Sexual assault” means conduct that is in violation of s.
940.225, 948.02, 948.025, 948.055, 948.06, 948.08, 948.085, 948.09 or 948.10.
SECTION 7.
119.23 (1) (e) of the statutes is created to read:
119.23 (1) (e) “Victim" means an individual who is the victim of sexual assault if charges have been filed for the sexual assault and the individual against whom the charges are filed is a pupil or an employee of a school district.
SECTION 8.
119.23 (3g) of the statutes is created to read:
119.23 (3g) (a) 1.
Notwithstanding sub.
(2), a pupil in grades kindergarten to 12 who resides within the city and is a victim may attend a participating private school under this section.
Page 9, line 25:
Notwithstanding sub.
delete “alleged or suspected".
(2), a pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, and is a victim may attend a participating private school under this section.
(b) 1.
Notwithstanding sub.
(3), the parent of a pupil under par.
(a) who wishes to attend a participating private school under this section may, in lieu of applying under sub.
(3), submit an application under this subsection, on a form provided by the department, at any time during the school year.
2.
If a participating private school receives an application under subd.
1.
the participating private school shall notify the applicant, in writing, whether it has accepted the application no later than 60 days after receiving the application.
A participating private school may reject an applicant under this paragraph only if the LRB-5536/1 - 2020 Legislature - 7 - MLJ/CMH/FFK:kjf&amn SECTION 8 ASSEMBLY BILL 844 participating private school has reached its maximum general capacity or seating capacity.
If a participating private school rejects an application, the participating private school shall include the reason in the written notice.
Page 10, line 1:
If an application is accepted by a participating private school under this paragraph, the pupil may immediately begin attending the participating private school.
delete “data bank" and substitute “database".
SECTION 9.
4.
165.25 (20) of the statutes is created to read:
Page 10, line 5:
165.25 (20) S EXUAL ASSAULT VICTIM NOTICE.
delete the material beginning with “throughout" and ending with “process" on line 6.
On behalf of the state crime laboratories and law enforcement agencies, notify a sexual assault victim from whom a sexual assault kit, as defined in s.
5.
165.775 (1) (e), was collected, of all of the following:
Page 10, line 7:
(a) If the sexual assault kit is analyzed, the results of the analysis.
delete the material beginning with “storage" and ending with “analysis" on line 8 and substitute “destruction.”.
(b) If the sexual assault kit is analyzed and analysis identifies a foreign deoxyribonucleic acid profile, the occurrence of any future sexual assault kit analysis that identifies a matching foreign deoxyribonucleic acid profile.
6.
(c) At least 60 days before the end of the storage period under s.
Page 10, line 9:
165.775 (4) (a) or (5), the date on which the person's sexual assault kit will be destroyed.
delete the material beginning with “or" and ending with “regarding" on line 10.
SECTION 10.
7.
165.77 (7) of the statutes is repealed.
Page 10, line 10:
SECTION 11.
delete the material beginning with “throughout" and ending with “process" on line 11.
165.775 of the statutes is created to read:
LRBa1104/1 - 2020 Legislature - 2 - CMH&MLJ:ahe&cdc 8.
165.775 Sexual assault kits.
Page 10, line 12:
(1) In this section:
delete “and analyses of evidence obtained from" and substitute “relating to the location and status of".
(a) “Department” means the department of justice.
9.
(b) “Health care professional" has the meaning given in s.
Page 10, line 12:
154.01 (3).
after that line insert:
(c) “Sex offense” has the meaning given in s.
“(6m) (a) Whenever a Wisconsin law enforcement agency or a health care professional collects evidence in a case of sexual assault, the agency or professional shall enter the information required in the department's rules under sub.
949.20 (7).
(7) into the Wisconsin Sexual Assault Kit Tracking System.
(d) “Sexual assault forensic examination” means an examination performed by a health care professional to gather evidence regarding a sex offense.
(b) Whenever the crime laboratories perform deoxyribonucleic acid analysis of a sexual assault kit, the crime laboratories shall enter the information required in the department's rules under sub.
- 2020 Legislature - 8 - LRB-5536/1 MLJ/CMH/FFK:kjf&amn ASSEMBLY BILL 844 S ECTION 11 (e) “Sexual assault kit” means the evidence collected from a sexual assault forensic examination.
(7) into the Wisconsin Sexual Assault Kit Tracking System.”.
(f) “Wisconsin law enforcement agency" has the meaning given in s.
165.77 (1) (c).
(2) Whenever a health care professional conducts a sexual assault forensic examination and collects a sexual assault kit, the health care professional shall do one of the following:
(a) If the victim chooses to report the sexual assault to a Wisconsin law enforcement agency, or if reporting is required under s.
48.981 (2), notify a Wisconsin law enforcement agency within 24 hours after collecting the sexual assault kit.
(b) If the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency, and reporting is not required under s.
48.981 (2), send the sexual assault kit to the state crime laboratories for storage in accordance with the procedures specified in the rules promulgated under sub.
(7) no more than 2 business days after collecting the sexual assault kit.
(3) If a Wisconsin law enforcement agency receives notification under sub.
(2) (a), it shall do all of the following:
(a) Take possession of the sexual assault kit from the health care professional within 48 hours after receiving the notification.
(b) Except as provided in par.
(c), send the sexual assault kit to the state crime laboratories for processing in accordance with the procedures specified in the rules promulgated under sub.
(7) no less than 48 hours and no more than 7 days after taking possession of the sexual assault kit.
(c) If the Wisconsin law enforcement agency, after taking possession of the sexual assault kit under par.
(a) but before sending the sexual assault kit under par.
LRB-5536/1 - 2020 Legislature - 9 - MLJ/CMH/FFK:kjf&amn SECTION 11 ASSEMBLY BILL 844 (b), receives notification from the victim that the victim does not want to proceed with the analysis of his or her sexual assault kit, send the sexual assault kit to the state crime laboratories for storage in accordance with the procedures specified in the rules promulgated under sub.
(7) within 7 days after taking possession of the sexual assault kit.
(4) If the state crime laboratories takes possession of a sexual assault kit, it shall do all of the following:
(a) If 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, securely store the sexual assault kit for 50 years, during which time the sexual assault victim may choose to report the assault to a Wisconsin law enforcement agency.
(b) If the victim chooses to report the sexual assault to a Wisconsin law enforcement agency and thus has consented to the analysis of his or her sexual assault kit, process the kit in accordance with the procedures specified in the rules promulgated under sub.
(7) within 90 days after taking possession of the sexual assault kit.
(5) After the state crime laboratories have processed a sexual assault kit, notwithstanding s.
968.205, it shall securely store the sexual assault kit for 50 years, until the date of the expiration of the statute of limitations, or until the end of the term of imprisonment or probation of a person who was convicted in the sexual assault case, whichever is longest.
(6) The department shall establish a data bank, which shall be known as the Wisconsin Sexual Assault Kit Tracking System, for the purpose of providing victims of alleged or suspected sexual assault access to information about the status of any - 2020 Legislature - 10 - LRB-5536/1 MLJ/CMH/FFK:kjf&amn ASSEMBLY BILL 844 SECTION 11 sexual assault kit the victim has provided.
The data bank shall use electronic technologies to allow continuous, ongoing access to do all of the following:
(a) Allow health care professionals collecting sexual assault kits, forensic laboratories, law enforcement agencies, prosecutors, and the department to update and track the location and status of sexual assault kits throughout the criminal justice process, including the initial collection of evidence, receipt and storage at law enforcement agencies, receipt and analysis at forensic laboratories, and storage and any destruction after completion of analysis.
(b) Allow a victim of sexual assault to anonymously track or receive updates regarding the location and status of the victim's sexual assault kit throughout the criminal justice processNotwithstanding s.
165.79 (1), a victim may receive information and analyses of evidence obtained from the victim's sexual assault kit.
(7) The department shall promulgate rules to administer this section.
SECTION 12.
165.788 of the statutes is created to read:
165.788 Citizenship of individuals convicted of sexual assault.
(1) In this section, “sexual assault” has the meaning given in s.
165.93 (1) (b).
(2) If a person convicted of a sexual assault is not a U.S.
citizen and is not authorized to be in the United States under federal law, the department shall notify U.S.
immigration and customs enforcement.
SECTION 13.
165.845 (title) of the statutes is amended to read:
165.845 (title) Collect crime and criminal justiceata.
SECTION 14.
165.845 (1) (a) of the statutes is amended to read:
165.845 (1) (a) Collect information concerning the number and nature of offenses known to have been committed in this state, concerning sexual assault kits, as defined in s.
165.775 (1) (e), collected in this state, and concerning such other LRB-5536/1 - 2020 Legislature - 11 - MLJ/CMH/FFK:kjf&amn S ECTION 14 ASSEMBLY BILL 844 information as may be useful in the study of crime and the administration of justice.
The department of justice may determine any other information to be obtained regarding crime, evidence, and justice system data or statistics.
The information shall include data requested by federal agencies under the U.S.
department of justice, including but not limited to the federal bureau of investigation under its system of uniform crime reports for the United States.
SECTION 15.
165.845 (1) (b) of the statutes is amended to read:
165.845(1) (b) Furnish all reporting officials with forms or instructions or both that specify the nature of the information required under par.
(a), the time it is to be forwarded, the process for submitting the information,thod of classifying and any other matters that facilitate collection and compilation.
SECTION 16.
165.845 (1) (d) of the statutes is created to read:
165.845 (1) (d) Publish data at least annually on law enforcement agency compliance with the reporting requirement under par.
(a) relating to sexual assault kits.
SECTION 17.
165.845 (2) of the statutes is amended to read:
165.845 (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the department of justice with the information described in sub.
(1) (a) on the basis of the forms or instructions or both to be supplied by the department under sub.
(1) (a) department may conduct an audit to determine the accuracy of the data and other information it receives from law enforcement agencies and other criminal and juvenile justice system agencies.
SECTION 18.
165.847 of the statutes is created to read:
- 2020 Legislature - 12 - LRB-5536/1 MLJ/CMH/FFK:kjf&amn ASSEMBLY BILL 844 S ECTION 18 165.847 Report on status of sexual assault kits.
On an annual basis, using information collected under s.
165.845 (1) (a), the department of justice shall submit to the legislature for distribution under s.
13.172 (2) a report that includes all of the following information for that year:
(1) The total number of sexual assault kits collected in Wisconsin.
(2) The date that each sexual assault kit was collected.
(3) The number of sexual assault kits submitted to the crime laboratories for analysis.
(4) The date of submission of each sexual assault kit submitted to the crime laboratories.
(5) The date of analysis of each sexual assault kit submitted to the crime laboratories.
(6) The number of sexual assault kits that were submitted to the crime laboratories for analysis that have not yet been analyzed.
(7) For each unanalyzed sexual assault kit, the reason the kit has not been analyzed.
(8) The number of sexual assault kits that identified a foreign deoxyribonucleic acid profile, the number of such profiles uploaded into the combined deoxyribonucleic acid index system, and the number of such profiles that match a profile in the system.
(9) The number of sexual assault kits associated with further investigations.
(10) The number of criminal cases filed, the number of such active cases, and the number of such cases with dispositions resulting from the analysis of sexual assault kits.
LRB-5536/1 - 2020 Legislature - 13 - MLJ/CMH/FFK:kjf&amn S ECTION 18 ASSEMBLY BILL 844 (11) Any recommendations for statutory changes necessary to ensure that department practices regarding sexual assault kits conform with changes in technology and scientific best practices.
SECTION 19.
175.405 of the statutes is repealed.
SECTION 20.
175.408 of the statutes is created to read:
175.408 Citizenship of individuals arrested for sexual assault.
(1) In this section:
(a) “Law enforcement agency” has the meaning given in s.
165.83 (1) (b).
(b) “Sexual assault” has the meaning given in s.
165.93 (1) (b).
(2) If a person arrested for a sexual assault is not a U.S.
citizen and is not authorized to be in the United States under federal law, the law enforcement agency shall notify U.S.
immigration and customs enforcement.
SECTION 21.
895.537 of the statutes is created to read:
895.537 Liability exemption;
sexual assault evidence collection.
(1) In this section:
(a) “Health care professional” has the meaning given in s.
154.01 (3).
(b) “Sexual assault forensic examination” has the meaning given in s.
165.775 (1) (d).
(2) Any health care professional conducting a sexual assault forensic examination pursuant to informed consent or a court order is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
(3) Any employer of the person under sub.
(2) or any health care facility where the sexual assault forensic examination is conducted by that person has the same immunity from liability under sub (2).
- 2020 Legislature - 14 - LRB-5536/1 MLJ/CMH/FFK:kjf&amn ASSEMBLY BILL 844 SECTION 22 SECTION 22.
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 of;
any procedure during that examination process that tests for or prevents a sexually transmitted disease, and;
any medication provided or prescribed, during that 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, including post-exposure prophylaxis;
and a pregnancy test, to be administered at a time when a pregnancy could be detected, if the person performing the examination or procedure believes that pregnancy could be a consequence of the sex offense.
“Examination costs" does not include any processing or administrative costs, attorney fees, or other expenses.
SECTION 23.
949.23 of the statutes is created to read:
949.23 Victims rights.
A health care provider conducting an examination to gather evidence regarding a sex offense shall do all of the following:
(1) Inform the victim, orally and, using a form provided by the department of justice, in writing, of his or her rights under ss.
950.04 (1v) (ag), (bm), (c), (d), and (em) and 950.043.
(2) If facilities are available, provide to the victim an opportunity to bathe immediately following the examination.
SECTION 24.
950.02 (3t) of the statutes is created to read:
950.02 (3t) “Sexual assault victim” means an individual against whom a crime has been committed under s.
940.22, 940.225 (1) to (3m), 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.08, 948.085, 948.095, 948.10, 948.11 (2) (a) or (am), or 948.12, or s.
940.302 (2) if s.
940.302 (2) (a) 1.
b.
applies.
LRB-5536/1 - 2020 Legislature - 15 - MLJ/CMH/FFK:kjf&amn S ECTION 25 ASSEMBLY BILL 844 SECTION 25.
950.03 of the statutes is renumbered 950.03 (1).
SECTION 26.
950.03 (2) of the statutes is created to read:
950.03 (2) Notwithstanding sub.
(1), a sexual assault victim has the rights and is eligible for the services under this chapter regardless of whether the crime has been reported to law enforcement authorities.
A victim of sexual assault is under no obligation to seek medical attention, to have a sexual assault forensic examination administered, or to report the sexual assault to law enforcement authorities.
SECTION 27.
950.04 (1v) (dL) of the statutes is renumbered 950.043 (10).
SECTION 28.
950.043 of the statutes is created to read:
950.043 Bill of rights for victims of sexual assault.
In addition to the rights of victims under ss.
950.04 and 950.045, sexual assault victims have all of the following rights:
(1) To receive at no charge a sexual assault forensic examination performed by a department-certified sexual assault nurse or another health care professional with similar training.
(2) To receive oral and written information about his or her rights as a sexual assault victim at the time he or she seeks medical attention following a sexual assault, as provided under ss.
50.378 (1m) and 949.23 (1).
(3) If facilities are available, to bathe immediately following a sexual assault forensic examination.
(4) To report or decline to report the sexual assault to a law enforcement agency.
(5) To have any evidence collected in a sexual assault forensic examination transported to the state crime laboratories for storage or testing or both, as provided under s.
165.775.
- 2020 Legislature - 16 - LRB-5536/1 MLJ/CMH/FFK:kjf&amn ASSEMBLY BILL 844 SECTION 28 (6) If the victim chooses not to cooperate with a law enforcement agency, as defined in s.
949.20 (1), to have all evidence collected in a sexual assault forensic examination stored for 50 years, during which time the sexual assault victim may choose to report the assault to a law enforcement agency.
(7) If the victim chooses to cooperate with a law enforcement agency, as defined in s.
949.20 (1), and no conviction results from the sexual assault forensic examination, state crime laboratory testing, and subsequent law enforcement agency investigation, to have all evidence collected in the sexual assault forensic examination stored for 50 years.
(8) If the victim chooses to cooperate with a law enforcement agency, as defined in s.
949.20 (1), and a conviction results from the sexual assault forensic examination, state crime laboratory testing, and subsequent law enforcement agency investigation, to have all evidence collected in the sexual assault forensic examination stored until the end of the term of imprisonment or probation of the person who was convicted of the sexual assault.
(9) To have the department of justice make a reasonable attempt to notify him or her in writing 60 days prior to the destruction of any evidence acquired from a sexual assault forensic examination, as provided in s.
165.25 (20).
SECTION 29.
968.205 (3) (intro.) of the statutes is amended to read:
968.205 (3) (intro.) Subject Except in sexual assault cases, subject to sub.
(5), a law enforcement agency may destroy evidence that includes biological material before the expiration of the time period specified in sub.
(2) if all of the following apply:
SECTION 30.
973.06 (1) (i) of the statutes is created to read:
LRB-5536/1 - 2020 Legislature - 17 - MLJ/CMH/FFK:kjf&amn S ECTION 30 ASSEMBLY BILL 844 973.06 (1) (i) The cost of administration of any sexual assault kit under s.
165.775 that was administered in the case.
SECTION 31.0Nonstatutory provisions.
(1) Within 180 days of the effective date of this subsection, the department of justice shall promulgate emergency rules under s.
227.24 to implement s.
165.775 for the period before the effective date of the permanent rules but not to exceed the period authorized under s.
227.24 (1) (c), subject to extension under s.
227.24 (2).
Notwithstanding s.
227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(2) Within 180 days of the effective date of this subsection, the department of justice shall conduct an audit of all sexual assault kits and submit to the legislature for distribution under s.
13.172 (2) a report that includes all of the following information:
the number of sexual assault kits submitted to the state crime laboratories that have not yet been analyzed, the number of sexual assault kits not submitted to the state crime laboratories that remain in law enforcement custody, and the reasons those sexual assault kits were not submitted for analysis.
SECTION 32.Effective dates.
This act takes effect on the day after publication, except as follows:
(1) The treatment of ss.
165.77 (7), 165.775 (1) to (6), 165.845 (title), (1) (a), (b), and (d), and (2), 175.405, and 895.537 takes effect on the first day of the 7th month beginning after publication.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Fiscal estimate received

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

  4. Fiscal estimate received

  5. Received from Assembly

  6. Ordered immediately messaged

  7. Read a third time and passed, Ayes 62, Noes 36

  8. Rules suspended

  9. Ordered to a third reading

  10. Assembly Amendment 6 adopted

  11. Assembly Amendment 6 offered by Representative Steffen

  12. Assembly Amendment 5 adopted

  13. Assembly Amendment 4 adopted

  14. Assembly Amendment 3 adopted

  15. Assembly Amendment 2 adopted

  16. Assembly Amendment 1 adopted

  17. Decision of the Chair upheld, Ayes 62, Noes 36

  18. Decision of the Chair appealed

  19. Point of order that Assembly Substitute Amendment 2 not germane under Assembly Rule 54 (3)(c) well taken

  20. Assembly Substitute Amendment 2 offered by Representatives Sargent, Kolste, C. Taylor, Subeck, Riemer, Anderson, Vining, Hintz, Hesselbein, Spreitzer, Doyle, B. Meyers, McGuire, Neubauer, Fields, Pope, Ohnstad, Sinicki, Emerson, Cabrera, Bowen, Goyke, Crowley, Brostoff and Stuck

  21. Read a second time

  22. Fiscal estimate received

  23. Placed on calendar 2-11-2020 by Committee on Rules

  24. Referred to committee on Rules

  25. Report passage as amended recommended by Committee on Health, Ayes 8, Noes 5

  26. Report Assembly Amendment 5 adoption recommended by Committee on Health, Ayes 9, Noes 4

  27. Report Assembly Amendment 4 adoption recommended by Committee on Health, Ayes 9, Noes 4

  28. Report Assembly Amendment 3 adoption recommended by Committee on Health, Ayes 9, Noes 4

  29. Report Assembly Amendment 2 adoption recommended by Committee on Health, Ayes 9, Noes 4

  30. Report Assembly Amendment 1 adoption recommended by Committee on Health, Ayes 9, Noes 4

  31. Executive action taken

  32. Assembly Amendment 5 offered by Representative Sanfelippo

  33. Assembly Amendment 4 offered by Representative Sanfelippo

  34. Assembly Amendment 3 offered by Representative Sanfelippo

  35. Assembly Amendment 2 offered by Representatives Steffen and Thiesfeldt

  36. Assembly Amendment 1 offered by Representatives Thiesfeldt and Steffen

  37. Public hearing held

  38. Assembly Substitute Amendment 1 offered by Representatives Kolste, Subeck, Vining, Anderson and Riemer

  39. Read first time and referred to Committee on Health

  40. Introduced by Representatives Steffen, Thiesfeldt, Brandtjen, James, Loudenbeck, Dittrich, Gundrum, Magnafici, Petersen, Sanfelippo, Krug, Kulp, Mursau, Murphy, Tittl, Zimmerman, Knodl, Kerkman and Quinn; cosponsored by Senator Jacque

Sponsors

Sponsorship breakdown

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19 sponsors · 0 co-sponsors · 113 not signed on · 14 voted No

Sponsors (19)

Co-sponsors (0)

None.

Not signed on (113)

113 members have not signed on to this bill.

Show all 113 →

"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

SHALL THE DECISION OF THE CHAIR STAND

Passed 62 Yea · 36 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 36000
Democrat 01400
Unaffiliated 262200
Total 623600
% of votes cast 63%37%0%0%
How each member voted (98)
Member Party Vote
BALLWEG — Yea
BOWEN — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CABRERA — Nay
CONSIDINE — Nay
CROWLEY — Nay
EDMING — Yea
FIELDS — Nay
GOYKE — Nay
GRUSZYNSKI — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KOLSTE — Nay
KUGLITSCH — Yea
KULP — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Nay
MILROY — Nay
MYERS — Nay
NYGREN — Yea
OHNSTAD — Nay
OLDENBURG — Yea
OTT — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Yea
RIEMER — Nay
ROHRKASTE — Yea
SANFELIPPO — Yea
SARGENT — Nay
SCHRAA — Yea
SHANKLAND — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
STUCK — Nay
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
ZAMARRIPA — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hesselbein, Dianne Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Sinicki, Christine Democrat Nay
Spreitzer, Mark Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
August, Tyler Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Felzkowski, Mary Republican Yea
Gundrum, Rick Republican Yea
Hutton, Rob Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Quinn, Romaine Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Stafsholt, Rob Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul 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 →

PASSAGE

Passed 62 Yea · 36 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 36000
Unaffiliated 262200
Democrat 01400
Total 623600
% of votes cast 63%37%0%0%
How each member voted (98)
Member Party Vote
PETRYK — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Yea
RIEMER — Nay
ROHRKASTE — Yea
SANFELIPPO — Yea
SARGENT — Nay
SCHRAA — Yea
SHANKLAND — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
STUCK — Nay
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
ZAMARRIPA — Nay
SPEAKER — Yea
BALLWEG — Yea
BOWEN — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CABRERA — Nay
CONSIDINE — Nay
CROWLEY — Nay
EDMING — Yea
FIELDS — Nay
GOYKE — Nay
GRUSZYNSKI — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KOLSTE — Nay
KUGLITSCH — Yea
KULP — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Nay
MILROY — Nay
MYERS — Nay
NYGREN — Yea
OHNSTAD — Nay
OLDENBURG — Yea
OTT — Yea
Anderson, Clinton Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hesselbein, Dianne Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Sinicki, Christine Democrat Nay
Spreitzer, Mark Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
August, Tyler Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Felzkowski, Mary Republican Yea
Gundrum, Rick Republican Yea
Hutton, Rob Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Quinn, Romaine Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Stafsholt, Rob Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul 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 844?
AB 844 is sponsored by Steffen, David (Republican), Thiesfeldt, Brandtjen, James, Loudenbeck, Magnafici, Petersen, Kevin (Republican), Dittrich, Barbara (Republican), Sanfelippo, Krug, Scott (Republican), Kulp, Mursau, Jeffrey (Republican), Murphy, David (Republican), Tittl, Paul (Republican), Zimmerman, Shannon (Republican), Knodl, Daniel (Republican), Kerkman, Quinn, Romaine (Republican), and Gundrum, Rick (Republican).
What is the current status of AB 844?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 844?
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