LRB-4586/1
CMH:wlj:rs
2005 - 2006 LEGISLATURE
February 27, 2006 - Introduced by Representative Kessler. Referred to
Committee on Judiciary.
AB1063,1,3
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 person is convicted or any other
crime to be considered by the court at sentencing has the right to make or provide
a statement before the court imposes the 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 crime committed by
a child 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:
AB1063, s. 1
1Section
1. 938.335 (3m) (b) of the statutes is amended to read:
AB1063,2,72
938.335
(3m) (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 district
4attorney or corporation counsel shall make a reasonable
, timely attempt to contact
5any known victim to inform that person of the right to make a statement under par.
6(a). Any failure to comply with this paragraph is not a ground for an appeal of a
7dispositional order or for any court to reverse or modify a dispositional order.
AB1063, s. 2
8Section
2. 950.04 (1v) (g) of the statutes is amended to read:
AB1063,2,119
950.04
(1v) (g) To have reasonable attempts made to notify the victim of
10hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
11938.27 (4m) and (6), 938.273 (2),
and 971.095 (3)
and 972.14 (3) (b).
AB1063, s. 3
12Section
3. 950.08 (2g) (c) of the statutes is amended to read:
AB1063,2,1913
950.08
(2g) (c) The address and telephone number of the intake worker,
14corporation counsel
, or district attorney whom the victim may contact to obtain
15information concerning the rights of victims and to request notice of court
16proceedings under
ss. s. 938.27 (4m)
and or (6), 938.273 (2), 938.299 (1) (am)
and 17938.335 (3m) (b), or
ss. 971.095 (3)
and 972.14 (3) (b), whichever is applicable, and
18to request the opportunity to confer under
ss. s. 938.245 (1m), 938.265
or, 938.32 (1)
19(am)
, or
s. 971.095 (2), whichever is applicable.
AB1063, s. 4
20Section
4. 972.14 (3) (b) of the statutes is amended to read:
AB1063,3,6
1972.14
(3) (b)
After a conviction, if If the district attorney knows of a victim of
2a crime to be considered at sentencing, the district attorney shall make a reasonable
,
3timely attempt to contact that person to inform him or her of the right to make or
4provide a statement under par. (a). Any failure to comply with this paragraph is not
5a ground for an appeal of a judgment of conviction or for any court to reverse or modify
6a judgment of conviction.
