LRB-3690/1
RPN:kmg:ks
1995 - 1996 LEGISLATURE
May 10, 1995 - Introduced by Representatives Boyle, Green, Krug, Notestein,
Plombon, Bell, Coggs, Wirch, Black, Riley, R. Potter and Wasserman,
cosponsored by Senators Jauch, Burke, Huelsman, Andrea, Darling and
Clausing. Referred to Committee on Judiciary.
AB372,1,2
1An Act to amend 895.73 (2) of the statutes;
relating to: the presence of a victim's
2service representative at interviews and meetings.
Analysis by the Legislative Reference Bureau
Under current law, a victim of domestic abuse, harassment, sexual exploitation
by a therapist, sexual assault or child abuse has the right to select a service
representative (a member of an organization or program that provides support
services to victims without charging a fee) to attend hearings, depositions and court
proceedings with the victim. Current law gives the service representative the right
to attend those hearings, depositions and court proceedings with the victim and to
confer with the victim during those events, except when the victim is testifying or is
represented by private counsel.
This bill allows the service representative to also attend all interviews and
meetings related to the hearings, depositions and court proceedings and to confer
with the victim during those events.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB372, s. 1
3Section
1. 895.73 (2) of the statutes is amended to read:
AB372,2,144
895.73
(2) Right to be present. A complainant has the right to select a service
5representative to attend, with the complainant, hearings, depositions and court
6proceedings, whether criminal or civil,
and all interviews and meetings related to
7those hearings, depositions and court proceedings, if abusive conduct is alleged to
1have occurred against the complainant or if a crime is alleged to have been committed
2against the complainant and if the abusive conduct or the crime is a factor under s.
3767.24 or is a factor in the complainant's ability to represent his or her interest at the
4hearing, deposition or court proceeding. The complainant shall notify the court
5orally, or in writing, of that selection. A service representative selected by a
6complainant has the right to be present at every hearing, deposition and court
7proceeding
and all interviews and meetings related to those hearings, depositions
8and court proceedings that the complainant is required or authorized to attend. The
9service representative selected by the complainant has the right to sit adjacent to the
10complainant and confer orally and in writing with the complainant in a reasonable
11manner during every hearing, deposition or court proceeding
and related interviews
12and meetings, except when the complainant is testifying or is represented by private
13counsel. The service representative may not sit at counsel table during a jury trial.
14The service representative may address the court if permitted to do so by the court.
AB372,2,17
16(1) This act first applies to interviews and meetings occurring on the effective
17date of this subsection.
