12. To refuse an interview, deposition, or other discovery request made by the
accused or any person acting on behalf of the accused.
13. To full restitution from any person ordered to pay restitution to the victim
and to be provided with assistance collecting restitution.
14. To have any moneys or property collected from a person who has been
ordered to make restitution to the victim be applied first to restitution of the victim
before being applied to any amounts owed by that person to the government.
15. To compensation, as provided by law.
16. To timely information about the outcome of the case.
17. To timely notice about all rights granted under this constitutional
amendment and all other rights, privileges, or protections of the victim provided by
law, including how such rights, privileges, or protections are enforced.
Currently, the constitution requires the state to ensure that crime victims be
afforded certain privileges and protections, as provided by law, some of which are
similar to some of the rights enumerated above.
The constitutional amendment also authorizes the victim to enforce his or her
rights in the court of appeals and supreme court, and the attorney for the government
in the case involving the victim may seek enforcement of the victim's rights upon
request of the victim. The court or other authority with jurisdiction over the case
must act promptly with respect to such an action and must afford a remedy for the
violation of the victim's rights.
A constitutional amendment requires adoption by two successive legislatures,
and ratification by the people, before it can become effective.
1Resolved by the
assembly, the senate concurring, That:
Section 9m of article I of the constitution is renumbered section 9m. 3
(2) (intro.) of article I and amended to read:
[Article I] Section 9m (2) (intro.) This state shall treat crime victims, as defined
5by law, with fairness, dignity and respect for their privacy. This state shall ensure
6that crime victims have all of the following privileges and protections as provided by
7law: In order to preserve and protect victims' rights to justice and due process
8throughout the criminal and juvenile justice process, victims shall be entitled to all
1of the following rights, which shall vest at the time of victimization and be protected
2by law in a manner no less vigorous than the protections afforded to the accused:
3(a) To be treated with dignity, respect, courtesy, sensitivity, and fairness.
4(b) To privacy.
5(c) To proceedings free from unreasonable delay.
timely disposition of the case; the opportunity to attend court, free from
8(e) Upon request, to attend all
unless the trial court finds
9sequestration is necessary to a fair trial for the defendant;
involving the case.
reasonable protection from the accused throughout the criminal and
12(g) Upon request, to reasonable and timely
notification of court
13the opportunity to.
14(h) Upon request, to
confer with the prosecution; the opportunity to make a
15statement to the court at disposition; attorney for the government.
16(i) Upon request, to be heard in any proceeding during which a right of the
17victim is implicated, including release, plea, sentencing, disposition, parole,
18revocation, expungement, or pardon.
19(j) To have information pertaining to the economic, physical, and psychological
20effect upon the victim of the offense submitted to the authority with jurisdiction over
21the case and to have that information considered by that authority.
22(k) Upon request, to timely notice of any release or escape of the accused or
23death of the accused if the accused is in custody or on supervision at the time of death.
24(L) To refuse an interview, deposition, or other discovery request made by the
25accused or any person acting on behalf of the accused.
1(m) To full
from any person who has been ordered to pay restitution
2to the victim and to be provided with assistance collecting restitution.
3(n) To have any moneys or property collected from a person who has been
4ordered to make restitution to the victim be applied first to restitution of the victim
5before being applied to any amounts owed by that person to the government.
as provided by law.
7(p) To timely
information about the outcome of the case and the release of the
9(q) To timely notice about all rights under this section and all other rights,
10privileges, or protections of the victim provided by law, including how such rights,
11privileges, or protections are enforced.
12(3) Except as provided under sub. (2) (o), all provisions of this section are
The legislature shall provide
may prescribe further
remedies for the 14
violation of this section. Nothing in this section, or in any statute enacted pursuant
15to this section, shall limit any right of the accused which may be provided by law. and
16further procedures for compliance with and enforcement of this section.
Section 9m (1) of article I of the constitution is created to read:
[Article I] Section 9m (1) (a) In this section, notwithstanding any statutory 19
right, privilege, or protection, “victim” means any of the following:
1. A person against whom an act is committed that would constitute a crime 21
if committed by a competent adult.
2. If the person under subd. 1. is deceased or is physically or emotionally unable 23
to exercise his or her rights under this section, the person's spouse, parent or legal 24
guardian, sibling, child, person who resided with the deceased at the time of death, 25
or other lawful representative.
3. If the person under subd. 1. is a minor, the person's parent, legal guardian 2
or custodian, or other lawful representative.
4. If the person under subd. 1. is adjudicated incompetent, the person's legal 4
guardian or other lawful representative.
(b) “Victim” does not include the accused or a person who the court finds would 6
not act in the best interests of a victim who is deceased, incompetent, a minor, or 7
physically or emotionally unable to exercise his or her rights under this section.
Section 9m (4) of article I of the constitution is created to read:
[Article I] Section 9m (4) (a) In addition to any other available enforcement of 10
rights or remedy for a violation of this section or of other rights, privileges, or 11
protections provided by law, the victim, the victim's attorney or other lawful 12
representative, or the attorney for the government upon request of the victim may 13
assert and seek in any circuit court or before any other authority of competent 14
jurisdiction, enforcement of the rights in this section and any other right, privilege, 15
or protection afforded to the victim by law. The court or other authority with 16
jurisdiction over the case shall act promptly on such a request and afford a remedy 17
for the violation of any right of the victim. The court or other authority with 18
jurisdiction over the case shall clearly state on the record the reasons for any decision 19
regarding the disposition of a victim's right and shall provide those reasons to the 20
victim or the victim's attorney or other lawful representative.
(b) Victims may obtain review of all adverse decisions concerning their rights 22
as victims by courts or other authorities with jurisdiction under par. (a) by filing 23
petitions for supervisory writ in the court of appeals and supreme court.
Section 9m (5) of article I of the constitution is created to read:
[Article I] Section 9m (5) This section does not create any cause of action for 2
damages against the state; any political subdivision of the state; any officer, 3
employee, or agent of the state or a political subdivision of the state acting in his or 4
her official capacity; or any officer, employee, or agent of the courts acting in his or 5
her official capacity.
Section 9m (6) of article I of the constitution is created to read:
[Article I] Section 9m (6) This section is not intended and may not be 8
interpreted to supersede a defendant's federal constitutional rights or to afford party 9
status in a proceeding to any victim.
. Numbering of new provisions.
If another constitutional 11
amendment ratified by the people creates the number of any provision created in this 12
joint resolution, the chief of the legislative reference bureau shall determine the 13
sequencing and the numbering of the provisions whose numbers conflict.
14Be it further resolved, That
this proposed amendment be referred to the 15
legislature to be chosen at the next general election and that it be published for three 16
months previous to the time of holding such election.