165.775 Sexual assault kits.

739 words·~3 min read·/wi/chapter-165/165-775-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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

(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.

(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), 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 sub.

(b).

(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.

(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, the state crime laboratories shall securely store the sexual assault kit for a period of 20 years, during which time the sexual assault victim may choose to report the assault to a Wisconsin law enforcement agency.

(b)Except as provided in par.

(a), if the state crime laboratories takes possession of a sexual assault kit, the state crime laboratories shall begin processing the kit in accordance with the procedures specified in the rules promulgated under sub.

(6)and shall complete processing the kit within 6 months after the state crime laboratories receives it, except that 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, the identity of the person who perpetrated the sexual assault is unknown, and there is a threat to public safety. For purposes of this subsection, a victim’s report to a law enforcement agency shall be considered consent for the analysis of his or her sexual assault kit.

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.

(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.