2023 Wisconsin Statutes & Annotations
Chapter 165 - Department of justice.
165.775 - Sexual assault kits.
165.775 Sexual assault kits.
(1) In this section:
(a) “Department” means the department of justice.
(b) “Health care professional" has the meaning given in s. 154.01 (3).
(c) “Sex offense” has the meaning given in s. 949.20 (7).
(d) “Sexual assault forensic examination” means an examination performed by a health care professional to gather evidence regarding a sex offense.
(e) “Sexual assault kit” means the evidence collected from a sexual assault forensic examination.
(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. (6) within 72 hours 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 72 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. (6) within 14 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. (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. (6) within 14 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 a period of 10 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. (6).
(5) If a law enforcement agency takes possession of a sexual assault kit after it has been processed by the state crime laboratories, notwithstanding s. 968.205, it shall securely store the sexual assault kit for a period of 50 years, or 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 promulgate rules to administer this section.
History: 2021 a. 116; s. 35.17 correction in (5).
