LRB-4089/2
RPN:bjk:rs
2009 - 2010 LEGISLATURE
March 4, 2010 - Introduced by Representatives Shilling, Turner, Hilgenberg,
Milroy, Molepske Jr., Sinicki and Suder, cosponsored by Senators Taylor
and Kreitlow. Referred to Committee on Judiciary and Ethics.
AB810,1,2
1An Act to create 905.16 of the statutes;
relating to: creating a privilege for
2communications to veteran mentors.
Analysis by the Legislative Reference Bureau
Under current law, a communication between certain persons, such as between
spouses, between a lawyer and client, and between a patient and a physician, is
considered privileged and may not be disclosed without permission of the person who
made the communication. The spouse, client, or patient may prevent the disclosure
of the privileged communication, with certain exceptions.
This bill creates a privilege against disclosure of a communication made
between a veteran or a member of the armed forces or national guard and a veteran
mentor. A veteran mentor is a veteran who is authorized by a circuit court judge to
provide assistance and advice to a veteran or a member of the armed forces or
national guard regarding court-related matters. To be a veteran mentor, the person
must have completed a judicially approved veterans mentoring training program
and completed a background information form approved by a circuit court. The
privilege does not apply to communications that the veteran has agreed in writing
to allow to be disclosed as a condition of his or her participation in the veterans
mentoring program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB810, s. 1
1Section
1. 905.16 of the statutes is created to read:
AB810,2,3
2905.16 Communications to veteran mentors. (1) Definitions. As used in
3this section:
AB810,2,74
(a) A communication is "confidential" if not intended to be disclosed to 3rd
5parties other than to those persons present to further the interests of the veteran or
6the member of the armed forces or national guard or to persons reasonably necessary
7for the transmission of the communication.
AB810,2,88
(b) A "veteran mentor" is an individual who meets all of the following criteria:
AB810,2,119
1. Served on active duty in the U.S. armed forces or in forces incorporated in
10the U.S. armed forces, served in a reserve unit of the U.S. armed forces, or served in
11the national guard.
AB810,2,1312
2. Is on the list of persons authorized by a circuit court judge to provide
13assistance and advice in a veterans mentoring program.
AB810,2,1514
3. Has successfully completed a judicially approved veterans mentoring
15training program.
AB810,2,1716
4. Has completed a background information form approved by a circuit court
17judge from a county that is participating in a veterans mentoring program.
AB810,2,2118
(c) "Veterans mentoring program" is program approved by a circuit court judge
19to provide assistance and advice to veterans and current members of the U.S. armed
20forces, forces incorporated in the U.S. armed forces, a reserve unit of the U.S. armed
21forces, or the national guard, in court-related matters.
AB810,2,24
22(2) General rule of privilege. A person has a privilege to refuse to disclose
23and to prevent another from disclosing a confidential communication by the person
24to a veteran mentor.
AB810,3,5
1(3) Who may claim the privilege. The privilege may be claimed by the person,
2by the person's guardian or conservator, or by the person's personal representative
3if the person is deceased. The veteran mentor may claim the privilege on behalf of
4the person. The veteran mentor's authority to claim the privilege on behalf of the
5person is presumed in the absence of evidence to the contrary.
AB810,3,8
6(4) Exception. There is no privilege under this section as to communications
7that the veteran has agreed in writing to allow to be disclosed as a condition of his
8or her participation in the veterans mentoring program.
