AWARDS FOR THE VICTIMS OF CRIMES
Residents; victims of crime outside the state.
Application for award.
Award; to whom payable.
Computation of award.
Manner of payment.
Limitations on awards.
Effect of conviction.
Condition of claimant.
Department subrogation rights.
Confidentiality of records.
Escrow accounts; moneys received as a result of the commission of a serious crime.
Report by the department.
The legislature finds and declares that the state has a moral responsibility to aid innocent victims of violent crime. In order to maintain and to strengthen our democratic system of law and social order, it is essential that the rights of the victim of a crime should be as fully protected as the rights of the criminal offender. Adequate protection and assistance of victims of crime will also encourage greater public cooperation in the successful apprehension and prosecution of criminal offenders. It is the intention of the legislature that the state should provide sufficient assistance to victims of crime and their families in order to ease their financial burden and to maintain their dignity as they go through a difficult and often traumatic period. It is also the intention of the legislature that the department should actively publicize the crime victim compensation program and promote its use.
History: 1979 c. 189
In this chapter:
"Crime" means an act committed in this state which would constitute a crime as defined in s. 939.12
if committed by a competent adult who has no legal defense for the act.
"Department" means the department of justice.
"Dependent" means any spouse, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of spouse of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death and includes any child of the victim born after the victim's death.
"Medical treatment" includes medical, surgical, dental, optometric, chiropractic, podiatric and hospital care; medicines; medical, dental and surgical supplies; crutches; artificial members; appliances and training in the use of artificial members and appliances. "Medical treatment" includes any Christian Science treatment for cure or relief from the effects of injury.
"Personal injury" means actual bodily harm and includes pregnancy and mental or nervous shock.
"Victim" means a person who is injured or killed by an incident specified in s. 949.03 (1) (a)
, or by any act or omission of any other person that is within the description of any of the offenses listed in s. 949.03 (1) (b)
or within the description of the offense listed and the condition provided in s. 949.03 (1) (c)
. This definition does not apply to s. 949.165
The department shall administer this chapter. The department shall appoint a program director to assist in administering this chapter. The department shall promulgate rules for the implementation and operation of this chapter. The rules shall include procedures to ensure that any limitation of an award under s. 949.06 (5) (e)
is calculated in a fair and equitable manner.
Compensable acts. 949.03(1)(1)
The department may order the payment of an award for personal injury or death which results from:
Preventing or attempting to prevent the commission of a crime; apprehending or attempting to apprehend a suspected criminal; aiding or attempting to aid a police officer to apprehend or arrest a suspected criminal; aiding or attempting to aid a victim of a crime specified in par. (b)
; or aiding or attempting to aid a victim of the crime specified and the condition provided in par. (c)
The commission or the attempt to commit any crime specified in s. 346.62 (4)
, 346.63 (2)
, 940.22 (2)
, 943.23 (1g)
The commission or the attempt to commit the crime specified in s. 346.67 (1)
if the victim was a pedestrian.
History: 1975 c. 224
; 1975 c. 344
; 1977 c. 173
; 1979 c. 118
; 1983 a. 199
; 1985 a. 275
; 1985 a. 293
; 1985 a. 306
; 1987 a. 90
; 1989 a. 105
; 1993 a. 92
; 1995 a. 153
; 1997 a. 35
Residents; victims of crime outside the state. 949.035(1)(1)
If a Wisconsin resident suffers injury or death in a situation described in s. 949.03
except that the act occurred outside this state, the resident has the same rights under this chapter as if the act had occurred in this state upon a showing that the state, territory, country or political subdivision of a country in which the act occurred does not have a compensation of victims of crimes law which covers the injury or death suffered by the person.
The department shall keep a current record of the laws relating to compensation of victims of crimes in other states and territories of the United States. The department need not keep a current record of laws in other countries. Upon request, the department shall assist Wisconsin residents to determine if they meet the criteria specified in sub. (1)
In this section, "resident" means a person who maintains a place of permanent abode in this state.
History: 1979 c. 34
; 1985 a. 242
Application for award. 949.04(1)
Any person may apply for an award under this chapter.
Application by a minor may be made on the minor's behalf by his or her parent or guardian.
Application by an incompetent may be made on the incompetent's behalf by the guardian or other person authorized to administer the incompetent's estate.
The department shall prescribe application forms for awards under this chapter and shall furnish law enforcement agencies with the forms. The law enforcement agency investigating a crime shall provide forms to each person who may be eligible to file a claim under this subchapter.
(3) Medical and dental records.
The applicant shall submit to the department reports from all physicians, osteopaths, dentists, optometrists, chiropractors or podiatrists who treated or examined the victim at the time of or subsequent to the victim's injury or death. The department may also order such other examinations and reports of the victim's previous medical and dental history, injury or death as it believes would be of material aid in its determination.
Award; to whom payable. 949.05(1)
In any case in which a person is injured or killed by an incident specified in s. 949.03 (1) (a)
, by any act or omission of any other person that is within the description of crimes under s. 949.03 (1) (b)
or by any act or omission of any person that is within the description of the crime listed and the condition provided under s. 949.03 (1) (c)
, the department may order the payment of an award: