SB 332 — Relating to: tracking of sexual assault kits in sexual assault cases and making an appropriation. (FE)

- 2020 LEGISLATURE LRBa0516/1LRB-3750/1 MLJ:cdcMLJ:kjf SENATE AMENDMENT 1, TO SENATE BILL 332 SeptemberJuly 30,31, 2019 - OfferedIntroduced by SenatorSenators ARLING.ARLING, CHACHTNER , FEYEN, CARPENTER, JACQUE , OHNSON , MARKLEIN , INGHAND , SHILLIN, L.TAYLOR , WIRCH, OLSEN and L ARSON, cosponsored by Representatives T HIESFELDT, C .

AtTAYLOR, theR locationsODRIGUEZ, indicated,ANDERSON amend, theBILLING, billBOWEN as, follows:BRANDTJEN , CABRERA, CONSIDINE, C ROWLEY, D ITTRIC, D UCHOW , FIELDS, KOLSTE, K RUG, K UGLITSCH, KURTZ, M URSAU , OHNSTAD, ROHRKASTE , ARGENT , SHANKLAND , INICKI, KOWRONSKI , SPREITZER, VINING, ZIMMERMAN , NEUBAUER , L.M YERS, SUBECK and T USLER.

1.Referred to Committee on Insurance, Financial Services, Government Oversight and Courts.

PageA 1,N lineA 3:CT to repeal 175.405;

afterto “cases"amend insert165.77 “,(title); granting rule-making authority,".

2.and to create 165.77 (1) (bf) and (bm) and 165.77 (7g) of the statutes;

Pagerelating 1,to: line 4:

deletetracking theof materialsexual beginningassault withkits thatin linesexual andassault endingcases withand linemaking 6an andappropriation. substitute:

“SAnalysis ECTIONby 1.the Legislative Reference Bureau This bill requires the Department of Justice to establish a data bank, to be known as the Wisconsin Sexual Assault Kit Tracking System, for the purpose of providing victims of sexual assault access to information about the status of any sexual assault kit the victim has provided.

165.775For offurther information see the statutesstate isfiscal createdestimate, which will be printed as an appendix to read:this bill.

165.775The Sexualpeople assaultof kitthe trackingstate system.of Wisconsin, represented in senate and assembly, do enact as follows:

(1)SECTION In1. this section:

(a)165.77 “Health(title) careof professional" has the meaningstatutes givenis inamended s.to read:

154.01165.77 (3).(title) Deoxyribonucleic acid analysis and data bank banks.

(b)SECTION “Law2. enforcement agency" means a governmental unit of one or more persons employed full-time by the federal government, a state or a political subdivision of a state for the purpose of preventing and detecting crime and enforcing federal or state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.”.

3.165.77 (1) (bf) and (bm) of the statutes are created to read:

Page165.77 1,(1) line(bf) 7:“Sexual assault forensic examination” means an examination performed by a health care professional to gather evidence regarding a sex offense.

delete- “165.772020 (1)Legislature (bf)"- and2 substitute- “(c)".LRB-3750/1 MLJ:kjf SENATE BILL 332 SECTION 2 (bm) “Sexual assault kit” means the evidence collected from a sexual assault forensic examination.

LRBa0516/1SECTION -3. 2020 Legislature - 2 - MLJ:cdc 4.

Page165.77 2,(7g) lineof 1:the statutes is created to read:

delete165.77 “(bm)"(7g) andThe substitutedepartment “(d)".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 sexual assault kit the victim has provided.

5.The data bank shall use electronic technologies to allow continuous, ongoing access to do all of the following:

Page(a) 2,Allow linehealth 2: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.

after(b) thatAllow linea insert: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.

“(e)165.79 “Wisconsin(1), law enforcement agency" means a governmentalvictim unitmay ofreceive oneinformation or more persons employed full-time by this state or a political subdivision of this state for the purpose of preventing and detectinganalyses crime and enforcing state laws or local ordinances, employees of whichevidence unitobtained arefrom authorized to make arrests for crimes while acting within the scopevictim's ofsexual theirassault authority.”.kit.

6.SECTION 4.

Page175.405 2,of linethe 3:statutes is repealed.

deleteSECTION that5.0Fiscal line.changes.

7.(1) WISCONSINS EXUALA SSAULTKIT TRACKINGS YSTEM.In the schedule under s.

Page20.005 2,(3) linefor 4:the appropriation to the department of justice under s.

delete20.455 “165.77(2) (7g)"(a), andthe substitutedollar “(2)".amount for fiscal year 2019-20 is increased by $400,000 to create the data bank required under s.

8.165.77 (7g).

PageIn 2,the lineschedule 4:under s.

delete20.005 “data(3) bank"for andthe substituteappropriation “database".to the department of justice under s.

9.20.455 (2) (a), the dollar amount LRB-3750/1 - 2020 Legislature - 3 - MLJ:kjf SECTION 5 SENATE BILL 332 for fiscal year 2020-21 is increased by $400,000 to create the data bank required under s.

Page165.77 2,(7g). line 6:

delete “alleged or suspected".

10.

Page 2, line 11:

delete the material beginning with “throughout" and ending with “process" on line 12.