AB643,4,119 949.06 (1) (b) (intro.) Work loss, which shall be of a victim, a parent of a victim,
10or in the case of a homicide, a family member of a victim, shall be subject to the limits
11set forth under par. (bg) and shall be
determined as follows:
AB643,10 12Section 10. 949.06 (1) (b) 1. of the statutes is amended to read:
AB643,4,1513 949.06 (1) (b) 1. If the victim or parent of a victim was employed at the time of
14the injury, loss of actual earnings shall be based upon the victim's his or her net salary
15income at the time of the injury.
AB643,11 16Section 11. 949.06 (1) (b) 2. of the statutes is amended to read:
AB643,4,2017 949.06 (1) (b) 2. If the victim was not employed at the time of the injury or, if
18as a direct result of the injury, the victim suffered a disability causing a loss of
19potential earnings income, the award may be based upon a sufficient showing by the
20victim that he or she actually incurred loss of earnings. The amount of income.
AB643,5,2 213. If a victim is released by a physician to return to work with restrictions but
22is unable to return to the job he or she was performing at the time the crime was
23committed,
the award shall be reduced by any income from substitute work actually
24performed by the victim or by income the victim would have earned in available

1appropriate substitute work the victim was capable of performing, but unreasonably
2failed to undertake.
AB643,12 3Section 12. 949.06 (1) (b) 4. of the statutes is created to read:
AB643,5,64 949.06 (1) (b) 4. The department may award each victim, parent of a victim,
5or in the case of a homicide, family member of a victim not more than 2 weeks of lost
6wages without requiring proof of disability from a physician.
AB643,13 7Section 13. 949.06 (1) (bg) of the statutes is created to read:
AB643,5,108 949.06 (1) (bg) The department may award each parent of a victim not more
9than $3,000 total for reimbursement of expenses under par. (a) related to mental
10health treatment and for work loss under par. (b).
AB643,14 11Section 14. 949.06 (1) (bm) of the statutes is amended to read:
AB643,5,1612 949.06 (1) (bm) If the victim is a homemaker at the time of the injury, the victim
13was a caregiver in his or her home
, an amount sufficient to ensure that the duties
14and responsibilities are continued until the victim is able to resume the performance
15of the duties, or until the cost of services reaches the maximum allowable under sub.
16(2)
s. 949.08 (1m) (a), whichever is less.
AB643,15 17Section 15. 949.06 (1) (br) of the statutes is created to read:
AB643,5,2018 949.06 (1) (br) If as a direct result of the personal injury, the victim suffered
19a protracted disability, reasonable and necessary housing accessibility adaptations,
20but not to exceed $5,000.
AB643,16 21Section 16. 949.06 (1) (cg) of the statutes is created to read:
AB643,5,2322 949.06 (1) (cg) Reasonable replacement value of any computer or mobile
23telephone that is held for evidentiary purposes, but not to exceed $200.
AB643,17 24Section 17. 949.06 (1) (d) of the statutes is amended to read:
AB643,6,3
1949.06 (1) (d) Reasonable funeral and burial expenses, not to exceed $2,000
2$5,000. The funeral and burial award may not be considered by the department
3under sub. (2).
AB643,18 4Section 18. 949.06 (1) (e) of the statutes is renumbered 949.06 (1) (e) (intro.)
5and amended to read:
AB643,6,106 949.06 (1) (e) (intro.) Dependent's economic loss, which shall include
7contributions of things of economic value provided by the victim to dependents but
8lost as a result of the victim's death.
Loss of support, which shall be determined on
9the basis of the victim's net salary annual income at the time of death, and shall be
10calculated as an amount equal to 4 times follows:
AB643,6,13 111. The department shall determine the victim's average net annual earnings
12income, and shall multiply that amount by 4. Subject to subds. 2. and 3., the loss of
13support award is this amount
.
AB643,19 14Section 19. 949.06 (1) (e) 2. and 3. of the statutes are created to read:
AB643,6,1815 949.06 (1) (e) 2. The department shall deduct from the amount calculated
16under subd. 1. an amount equal to benefits the dependents received or are to receive,
17over the course of 4 years, as a survivor benefit from the federal social security
18program.
AB643,6,2119 3. The department shall deduct from the amount calculated under subd. 1. the
20amount of any life insurance proceeds the dependents received as a result of the
21victim's death.
AB643,20 22Section 20. 949.06 (1m) (a) of the statutes is amended to read:
AB643,7,223 949.06 (1m) (a) In this subsection, "family member" means any spouse,
24domestic partner under ch. 770, parent, grandparent, stepparent, foster parent,
25child, stepchild, adopted child, grandchild, foster child, brother, sister, half brother,

1or half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a
2domestic partner under ch. 770
.
AB643,21 3Section 21. 949.06 (1m) (b) of the statutes is amended to read:
AB643,7,104 949.06 (1m) (b) In accordance with this subchapter, the department shall make
5awards, as appropriate, to persons who, immediately prior to the crime, lived in the
6same household with and to family members of a victim of s. 940.01, 940.02, 940.05,
7940.06, 940.07, 940.08 or 940.09 for any of the economic losses specified in sub. (1)
8as a result of the person's or family member's reaction to the death. A dependent may
9recover both under sub. (1) and this subsection, subject to the limitation under sub.
10(2)
s. 949.08 (1m) (a).
AB643,22 11Section 22. 949.06 (2) of the statutes is renumbered 949.08 (1m) (a) and
12amended to read:
AB643,7,1613 949.08 (1m) (a) The Except as provided in par. (b), the department may not
14make an award of more than $40,000 for any one injury or death and the department
15may not make any award for expenses incurred after 4 years from the date of the
16injury or death
.
AB643,23 17Section 23. 949.06 (3) (b) of the statutes is amended to read:
AB643,8,218 949.06 (3) (b) From insurance payments or program, including worker's
19compensation and unemployment insurance. The department may reduce an award
20related to a crime under s. 346.62 (4), 346.63 (2) or (6), 940.09, 940.10, or 940.25, if
21the victim was not in compliance with s. 344.62 (1) at the time of the crime, by an
22amount equal to the payment the victim would have received from an insurance
23program or payment if the victim had been in compliance with s. 344.62 (1). The
24department may not reduce an award by an amount received or to be received from

1an insurance payment or program if it has deducted that amount from an award for
2economic loss under sub. (1) (e) 3.
AB643,24 3Section 24. 949.06 (3) (d) of the statutes is repealed.
AB643,25 4Section 25. 949.07 of the statutes is amended to read:
AB643,8,13 5949.07 Manner of payment. The award , combining both the compensation
6award and the funeral and burial award, if applicable, shall
may be paid in a lump
7sum, except that in the case of death or protracted disability the award may provide
8for
or in periodic payments. The department may pay any portion of an award
9directly to the provider of any service which is the basis for that portion of the award.
10No award may be subject to execution, attachment, garnishment or other process,
11except that an award for allowable expense is not exempt from a claim of a creditor
12to the extent that the creditor provided products, services or accommodations the
13costs of which are included in the award.
AB643,26 14Section 26. 949.08 (1) of the statutes is amended to read:
AB643,8,2115 949.08 (1) No order for the payment of an award may be made unless the
16application was made within 1 year after the date of the personal injury or death, and
17the personal injury or death was the result of an incident or offense which had been
18reported to the police within 5 days of its occurrence or, if the incident or offense could
19not reasonably have been reported within such period, within 5 days of the time when
20a report could reasonably have been made. The department may waive the one-year
21requirement
requirements under this subsection in the interest of justice.
AB643,27 22Section 27. 949.08 (1m) (b) of the statutes is created to read:
AB643,9,423 949.08 (1m) (b) If an applicant was a child at the time of the injury, the
24department may consider for payment eligible expenses that the applicant incurred
25not more than 1 year before he or she submitted an application for an award under

1this subchapter. The department may not make any award after 4 years have passed
2since the date the person made the application or after 4 years have passed since the
3date on which the person incurred the expense prior to submitting the application,
4whichever occurs first.
AB643,28 5Section 28. 949.08 (2) (e) of the statutes is amended to read:
AB643,9,116 949.08 (2) (e) Is an adult passenger in the offender's vehicle, the crime involved
7is specified in s. 346.63 (2) or 940.25, and the passenger knew the offender was
8committing that offense under the influence of an intoxicant, a controlled substance,
9or another drug to a degree that renders him or her incapable of safely driving
. This
10paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30,
11940.305, 940.31 or 948.30.
AB643,29 12Section 29. 949.08 (2) (em) of the statutes is amended to read:
AB643,9,1813 949.08 (2) (em) Is an adult passenger in the offender's commercial motor
14vehicle, the crime involved is specified in s. 346.63 (6) or 940.25, and the passenger
15knew the offender was committing that offense under the influence of an intoxicant,
16a controlled substance, or another drug to a degree that renders him or her incapable
17of safely driving
. This paragraph does not apply if the victim is also a victim of a
18crime specified in s. 940.30, 940.305, 940.31, or 948.30.
AB643,30 19Section 30. 949.10 of the statutes is repealed.
AB643,9,2020 (End)
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