2001 - 2002 LEGISLATURE
March 15, 2001 - Introduced by Senators Burke, Grobschmidt, Huelsman,
Roessler and Rosenzweig, cosponsored by Representatives Huber,
Gronemus, Richards, Staskunas and Stone, by request of Wisconsin District
Attorney's Association. Referred to Committee on Judiciary, Consumer
Affairs, and Campaign Finance Reform.
1An Act to amend
938.335 (3m) (b), 950.04 (1v) (g), 950.08 (2g) (c) and 972.14 (3) 2
(b) of the statutes; relating to: notice to a victim of the right to make a
3statement at sentencing or disposition.
Analysis by the Legislative Reference Bureau
Under current law, a victim of a crime of which a defendant is convicted or any
other crime to be considered by the court at sentencing has the right to make or
provide a statement prior to the court imposing sentence. Current law also requires
the prosecutor to make a reasonable attempt to contact any known victim to inform
him or her of that right. Similarly, current law entitles a victim of a juvenile's
delinquent act to make a statement prior to the court entering a dispositional order
and requires the prosecutor to make a reasonable attempt after the court finds the
juvenile delinquent or in need of protection or services to inform the victim of his or
her right to make a statement.
This bill revises the prosecutor's obligation to provide a known victim notice of
his or her right to make a statement with respect to the time at which that obligation
must be met. Specifically, the bill eliminates the requirement that the notice be
provided after a conviction or after the court finds a juvenile delinquent or in need
of protection or services. Thus, under the bill, the prosecutor may provide the victim
notice of his or her right at any time during the proceedings.
For further information see the 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:
SB92, s. 1
938.335 (3m) (b) of the statutes is amended to read:
(b) After a finding that a juvenile is delinquent under s. 938.12
3or is found to be in need of protection or services under s. 938.13 (12), the The
attorney or corporation counsel shall make a reasonable attempt to contact any 5
known victim to inform that person of the right to make a statement under par. (a). 6
Any failure to comply with this paragraph is not a ground for an appeal of a 7
dispositional order or for any court to reverse or modify a dispositional order.
SB92, s. 2
950.04 (1v) (g) of the statutes is amended to read:
(g) To have reasonable attempts made to notify the victim of 10
hearings or court proceedings, as provided under ss. 938.27 (4m) and (6), 938.273 (2),
971.095 (3) and 972.14 (3) (b)
SB92, s. 3
950.08 (2g) (c) of the statutes is amended to read:
(c) The address and telephone number of the intake worker, 14
or district attorney whom the victim may contact to obtain 15
information concerning the rights of victims and to request notice of court 16
proceedings under ss. 938.27 (4m) and (6), 938.273 (2), and
938.299 (1) (am) and
17938.335 (3m) (b) or ss. or under s.
and 972.14 (3) (b)
, whichever is 18
applicable, and to request the opportunity to confer under ss. s.
938.245 (1m), 19
or 938.32 (1) (am) or under
s. 971.095 (2), whichever is applicable.
SB92, s. 4
972.14 (3) (b) of the statutes is amended to read:
(b) After a conviction, if If
the district attorney knows of a victim of 2
a crime to be considered at sentencing, the district attorney shall make a reasonable 3
attempt to contact that person to inform him or her of the right to make or provide 4
a statement under par. (a). Any failure to comply with this paragraph is not a ground 5
for an appeal of a judgment of conviction or for any court to reverse or modify a 6
judgment of conviction.