AJR47-ASA2,3,4 4(b) To privacy.
AJR47-ASA2,3,5 5(c) To proceedings free from unreasonable delay.
AJR47-ASA2,3,7 6(d) To timely disposition of the case; the opportunity to attend court, free from
7unreasonable delay.
AJR47-ASA2,3,9 8(e) Upon request, to attend all proceedings unless the trial court finds
9sequestration is necessary to a fair trial for the defendant;
involving the case.
AJR47-ASA2,3,11 10(f) To reasonable protection from the accused throughout the criminal and
11juvenile
justice process;.
AJR47-ASA2,3,13 12(g) Upon request, to reasonable and timely notification of court proceedings;
13the opportunity to
.
AJR47-ASA2,3,15 14(h) Upon request, to confer with the prosecution; the opportunity to make a
15statement to the court at disposition;
attorney for the government.
AJR47-ASA2,3,18 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.
AJR47-ASA2,3,21 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.
AJR47-ASA2,3,23 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.
AJR47-ASA2,3,25 24(L) To refuse an interview, deposition, or other discovery request made by the
25accused or any person acting on behalf of the accused.
AJR47-ASA2,4,2
1(m) To full restitution; from any person who has been ordered to pay restitution
2to the victim and to be provided with assistance collecting restitution.
AJR47-ASA2,4,5 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.
AJR47-ASA2,4,6 6(o) To compensation; and as provided by law.
AJR47-ASA2,4,8 7(p) To timely information about the outcome of the case and the release of the
8accused
.
AJR47-ASA2,4,11 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.
AJR47-ASA2,4,16 12(3) Except as provided under sub. (2) (o), all provisions of this section are
13self-executing.
The legislature shall provide may prescribe further remedies for the
14violation 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.
AJR47-ASA2,2 17Section 2 . Section 9m (1) of article I of the constitution is created to read:
AJR47-ASA2,4,1918 [Article I] Section 9m (1) (a) In this section, notwithstanding any statutory
19right, privilege, or protection, “victim” means any of the following:
AJR47-ASA2,4,2120 1. A person against whom an act is committed that would constitute a crime
21if committed by a competent adult.
AJR47-ASA2,4,2522 2. If the person under subd. 1. is deceased or is physically or emotionally unable
23to exercise his or her rights under this section, the person's spouse, parent or legal
24guardian, sibling, child, person who resided with the deceased at the time of death,
25or other lawful representative.
AJR47-ASA2,5,2
13. If the person under subd. 1. is a minor, the person's parent, legal guardian
2or custodian, or other lawful representative.
AJR47-ASA2,5,43 4. If the person under subd. 1. is adjudicated incompetent, the person's legal
4guardian or other lawful representative.
AJR47-ASA2,5,75 (b) “Victim” does not include the accused or a person who the court finds would
6not act in the best interests of a victim who is deceased, incompetent, a minor, or
7physically or emotionally unable to exercise his or her rights under this section.
AJR47-ASA2,3 8Section 3 . Section 9m (4) of article I of the constitution is created to read:
AJR47-ASA2,5,209 [Article I] Section 9m (4) (a) In addition to any other available enforcement of
10rights or remedy for a violation of this section or of other rights, privileges, or
11protections provided by law, the victim, the victim's attorney or other lawful
12representative, or the attorney for the government upon request of the victim may
13assert and seek in any circuit court or before any other authority of competent
14jurisdiction, enforcement of the rights in this section and any other right, privilege,
15or protection afforded to the victim by law. The court or other authority with
16jurisdiction over the case shall act promptly on such a request and afford a remedy
17for the violation of any right of the victim. The court or other authority with
18jurisdiction over the case shall clearly state on the record the reasons for any decision
19regarding the disposition of a victim's right and shall provide those reasons to the
20victim or the victim's attorney or other lawful representative.
AJR47-ASA2,5,2321 (b) Victims may obtain review of all adverse decisions concerning their rights
22as victims by courts or other authorities with jurisdiction under par. (a) by filing
23petitions for supervisory writ in the court of appeals and supreme court.
AJR47-ASA2,4 24Section 4 . Section 9m (5) of article I of the constitution is created to read:
AJR47-ASA2,6,5
1[Article I] Section 9m (5) This section does not create any cause of action for
2damages against the state; any political subdivision of the state; any officer,
3employee, or agent of the state or a political subdivision of the state acting in his or
4her official capacity; or any officer, employee, or agent of the courts acting in his or
5her official capacity.
AJR47-ASA2,5 6Section 5 . Section 9m (6) of article I of the constitution is created to read:
AJR47-ASA2,6,97 [Article I] Section 9m (6) This section is not intended and may not be
8interpreted to supersede a defendant's federal constitutional rights or to afford party
9status in a proceeding to any victim.
AJR47-ASA2,6 10Section 6 . Numbering of new provisions. If another constitutional
11amendment ratified by the people creates the number of any provision created in this
12joint resolution, the chief of the legislative reference bureau shall determine the
13sequencing and the numbering of the provisions whose numbers conflict.
AJR47-ASA2,6,16 14Be it further resolved, That this proposed amendment be referred to the
15legislature to be chosen at the next general election and that it be published for three
16months previous to the time of holding such election.
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