AB342: Bill Text Engrossed

AB342-engrossed,9,20 906.15 (2) (d) A victim, as defined in s. 950.02 (4), in a criminal case or a victim, as defined in s. 938.02 (20m), in a delinquency proceeding under ch. 938, unless the judge or court commissioner finds that exclusion of the victim is necessary to provide a fair trial for the defendant or a fair fact-finding hearing for the juvenile. The presence of a victim during the testimony of other witnesses may not by itself be a basis for a finding that exclusion of the victim is necessary to provide a fair trial for the defendant or a fair fact-finding hearing for the juvenile.

AB342-engrossed, s. 14 Section 14. 938.02 (20m) of the statutes is created to read:

AB342-engrossed,9,22 938.02 (20m) (a) "Victim" means any of the following:

AB342-engrossed,9,23 1. A person against whom a delinquent act has been committed.

AB342-engrossed,9,25 2. If the person specified in subd. 1. is a child, a parent, guardian or legal custodian of the child.

AB342-engrossed,10,4 3. If a person specified in subd. 1. is physically or emotionally unable to exercise the rights granted under this chapter, s. 950.04 or article I, section 9m, of the Wisconsin constitution, a person designated by the person specified in subd. 1. or a family member, as defined in s. 950.02 (3), of the person specified in subd. 1.

AB342-engrossed,10,5 4. If a person specified in subd. 1. is deceased, any of the following:

AB342-engrossed,10,6 a. A family member, as defined in s. 950.02 (3), of the person who is deceased.

AB342-engrossed,10,7 b. A person who resided with the person who is deceased.

AB342-engrossed,10,9 5. If a person specified in subd. 1. has been determined to be incompetent under ch. 880, the guardian of the person appointed under ch. 880.

AB342-engrossed,10,11 (b) "Victim" does not include a juvenile alleged to have committed the delinquent act.

AB342-engrossed, s. 15 Section 15. 938.02 (21) of the statutes is amended to read:

AB342-engrossed,10,17 938.02 (21) "Victim-witness coordinator" means a person employed or contracted by the county board of supervisors under s. 950.06 to enforce the rights of victims and witnesses of crimes and to provide services for those the victims and witnesses of crimes or a person employed or contracted by the department of justice to provide the services specified in s. 950.08.

AB342-engrossed, s. 16 Section 16. 938.067 (6g) of the statutes is created to read:

AB342-engrossed,10,20 938.067 (6g) Provide information and notices to and confer with victims as required under s. 938.346 (1m).

AB342-engrossed, s. 17 Section 17. 938.24 (5) of the statutes is amended to read:

AB342-engrossed,11,19 938.24 (5) The intake worker shall request that a petition be filed, enter into a deferred prosecution agreement or close the case within 40 days or sooner of receipt of referral information. Before entering into a deferred prosecution agreement, the intake worker shall comply with s. 938.245 (1m), if applicable. If the case is closed or a deferred prosecution agreement is entered into, the district attorney, corporation counsel or other official under s. 938.09 shall receive written notice of such action. If the case is closed, the known victims of the juvenile's alleged act shall receive notice as provided under sub. (5m), if applicable. In addition, if a deferred prosecution agreement is entered into placing a juvenile in a youth village program as described in s. 118.42, the judge or juvenile court commissioner shall receive written notice of such action and, on receipt of that notice, shall enter an order requiring compliance with that agreement. A notice of deferred prosecution of an alleged delinquency case shall include a summary of the facts surrounding the allegation and a list of prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the juvenile, the intake worker shall forward this recommendation to the district attorney under s. 938.09. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 938.25 within 20 days after notice that the case has been closed or that a deferred prosecution agreement has been entered into. The judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any such petition which is not referred or filed within the time limits specified within this subsection. Failure to object if a petition is not referred or filed within a time limit specified in this subsection waives that time limit.

AB342-engrossed, s. 18 Section 18. 938.24 (5m) of the statutes is created to read:

AB342-engrossed,11,24 938.24 (5m) If a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12) and the intake worker decides to close the case, the intake worker shall make a reasonable attempt to inform all of the known victims of the juvenile's act that the case is being closed at that time.

AB342-engrossed, s. 19 Section 19. 938.245 (1m) of the statutes is created to read:

AB342-engrossed,12,8 938.245 (1m) If a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), an intake worker shall, as soon as practicable but in any event before entering into a deferred prosecution agreement under sub. (1), offer all of the victims of the juvenile's alleged act who have requested the opportunity an opportunity to confer with the intake worker concerning the proposed deferred prosecution agreement. The duty to confer under this subsection does not limit the obligation of the intake worker to perform his or her responsibilities under this section.

AB342-engrossed, s. 20 Section 20. 938.25 (2m) of the statutes is created to read:

AB342-engrossed,12,14 938.25 (2m) If a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12) and the district attorney or corporation counsel decides not to file a petition, the district attorney or corporation counsel shall make a reasonable attempt to inform all of the known victims of the juvenile's act that a petition will not be filed against the juvenile at that time.

AB342-engrossed, s. 21 Section 21. 938.265 of the statutes is created to read:

AB342-engrossed,13,2 938.265 Consultation with victims. In a case in which the juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the district attorney or corporation counsel shall, as soon as practicable but in any event before the plea hearing under s. 938.30, offer all of the victims of the juvenile's alleged act who have requested the opportunity an opportunity to confer with the district attorney or corporation counsel concerning the possible outcomes of the proceeding against the juvenile, including potential plea agreements and recommendations that the district attorney or corporation counsel may make concerning dispositions under s. 938.34 or 938.345. The duty to confer under this section does not limit the obligation of the district attorney or corporation counsel to exercise his or her discretion concerning the handling of the proceeding against the juvenile.

AB342-engrossed, s. 22 Section 22. 938.27 (4m) of the statutes is amended to read:

AB342-engrossed,13,15 938.27 (4m) The district attorney or corporation counsel shall make a reasonable attempt to contact any known victim or alleged victim of a juvenile's act or alleged act and any known family member of a homicide victim or alleged homicide victim to inform them of the right to receive notice of any hearing under this chapter involving the juvenile. If a victim, or alleged victim or family member of a homicide victim or of an alleged homicide victim indicates that he or she wishes to receive notice of any hearing under this chapter involving the juvenile, the district attorney or corporation counsel shall make a reasonable attempt to notify, under s. 938.273, that victim, or alleged victim or family member of any hearing under this chapter involving the juvenile. Any failure to comply with this subsection is not a ground for an appeal of a judgment or dispositional order or for any court to reverse or modify a judgment or dispositional order.

AB342-engrossed, s. 23 Section 23. 938.273 (2) of the statutes is amended to read:

AB342-engrossed,13,21 938.273 (2) Service of summons or notice required by this subchapter may be made by any suitable person under the direction of the court. Notification of the victim or alleged victim of a juvenile's act or of a family member of a homicide victim or of an alleged homicide victim under s. 938.27 (4m) shall be made by the district attorney or corporation counsel.

AB342-engrossed, s. 24 Section 24. 938.296 (1) (e) of the statutes is created to read:

AB342-engrossed,13,23 938.296 (1) (e) "Victim" has the meaning given in s. 938.02 (20m) (a) 1.

AB342-engrossed, s. 25 Section 25. 938.2965 of the statutes is created to read:

AB342-engrossed,14,2 938.2965 Waiting area for victims and witnesses. (1) In this section, "witness" has the meaning given in s. 950.02 (5).

AB342-engrossed,14,9 (2) If an area is available and use of the area is practical, a county shall provide a waiting area for a victim or witness to use during hearings under this chapter that if separate from any area used by the juvenile, the juvenile's relatives and witnesses for the juvenile. If a separate waiting area is not available or its use is not practical, a county shall provide other means to minimize the contact between the victim or witness and the juvenile, the juvenile's relatives and witnesses for the juvenile during hearings under this chapter.

AB342-engrossed, s. 26 Section 26. 938.30 (4m) of the statutes is created to read:

AB342-engrossed,14,18 938.30 (4m) Before accepting a plea under sub. (4) in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the court shall inquire of the district attorney or corporation counsel whether he or she has complied with s. 938.265 and whether he or she has complied with s. 938.27 (4m), whether any of the known victims requested notice of the date, time and place of the plea hearing and, if so, whether the district attorney or corporation counsel provided to the victim notice of the date, time and place of the hearing.

AB342-engrossed, s. 27 Section 27. 938.31 (2) of the statutes is amended to read:

AB342-engrossed,15,2 938.31 (2) The hearing shall be to the court. If the hearing involves a child victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02 (5), the court may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court shall make a determination of the facts. If the court finds that the juvenile is not within the jurisdiction of the court or the court finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.

AB342-engrossed, s. 28 Section 28. 938.312 of the statutes is created to read:

AB342-engrossed,15,9 938.312 Notice of dismissal. If a petition alleges that a juvenile is delinquent under s. 938.12 or in need of protection or services under s. 938.13 (12) and the petition is dismissed or does not otherwise result in a consent decree or dispositional order, the district attorney or corporation counsel shall make a reasonable attempt to inform each known victim of the juvenile's alleged act that the petition has been dismissed or will not result in a consent decree or dispositional order.

AB342-engrossed, s. 29 Section 29. 938.315 (2) of the statutes is amended to read:

AB342-engrossed,15,15 938.315 (2) A continuance may be granted by the court only upon a showing of good cause in open court or during a telephone conference under s. 807.13 on the record and only for so long as is necessary, taking into account the request or consent of the representative of the public under s. 938.09 or the parties , the interests of the victims and the interest of the public in the prompt disposition of cases.

AB342-engrossed, s. 30 Section 30. 938.32 (1) (am) of the statutes is created to read:

AB342-engrossed,15,25 938.32 (1) (am) Before entering into a consent decree in a case in which the juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the district attorney or corporation counsel shall, as soon as practicable but in any event before agreeing to the consent decree, offer all of the victims of the juvenile's alleged act who have requested the opportunity an opportunity to confer with the district attorney or corporation counsel concerning the proposed consent decree. The duty to confer under this paragraph does not limit the obligation of the district attorney or corporation counsel to exercise his or her discretion concerning the handling of the proceeding against the juvenile.

AB342-engrossed, s. 31 Section 31. 938.32 (1) (b) 1. of the statutes is amended to read:

AB342-engrossed,16,10 938.32 (1) (b) 1. Before entering into a consent decree in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the court shall determine whether a victim of the juvenile's act wants to make a statement to the court. If a victim wants to make a statement, the court shall allow a the victim or a family member of a homicide victim to make a statement in court or to submit a written statement to be read to the court. The court may allow any other person to make or submit a statement under this subdivision. Any statement made under this subdivision must be relevant to the consent decree.

AB342-engrossed, s. 32 Section 32. 938.32 (1) (b) 1m. of the statutes is created to read:

AB342-engrossed,16,20 938.32 (1) (b) 1m. Before entering into a consent decree in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the court shall inquire of the district attorney or corporation counsel whether he or she has complied with par. (am), whether he or she has complied with subd. 2. and whether he or she has complied with s. 938.27 (4m), whether any of the known victims requested notice of the date, time and place of any hearing to be held on the consent decree and, if so, whether the district attorney provided to the victim notice of the date, time and place of the hearing.

AB342-engrossed, s. 33 Section 33. 938.32 (1) (b) 2. of the statutes is amended to read:

AB342-engrossed,17,4 938.32 (1) (b) 2. Before entering into a consent decree in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the district attorney or corporation counsel shall make a reasonable attempt to contact any known victim or family member of a homicide victim to inform that person of the right to make a statement under subd. 1. Any failure to comply with this subdivision is not a ground for discharge of the juvenile, parent, guardian or legal custodian from fulfilling the terms and conditions of the consent decree.

AB342-engrossed, s. 34 Section 34. 938.331 of the statutes is amended to read:

AB342-engrossed,17,16 938.331 Court reports; effect on victim. If the delinquent act would constitute a felony if committed by an adult, the person preparing the report under s. 938.33 (1) shall attempt to determine the economic, physical and psychological effect of the delinquent act on the victim, as defined in s. 938.02 (20m) (a) 1. and 4. The person preparing the report may ask any appropriate person for information. This section does not preclude the person who prepares the report from including any information for the court concerning the impact of a delinquent act on the victim. If the delinquent act would not constitute a felony but a victim, as defined in s. 938.02 (20m) (a) 1., has suffered bodily harm or the act involved theft or damage to property, the person preparing the report is encouraged to seek the information described in this section.

AB342-engrossed, s. 35 Section 35. 938.335 (3m) (a) of the statutes is amended to read:

AB342-engrossed,18,2 938.335 (3m) (a) Before imposing a disposition in a proceeding in which a juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of protection or services under s. 938.13 (12), the court shall determine whether a victim of the juvenile's act wants to make a statement to the court. If a victim wants to make a statement, the court shall allow a the victim or a family member of a homicide victim to make a statement in court or to submit a written statement to be read to the court. The court may allow any other person to make or submit a statement under this paragraph. Any statement made under this paragraph must be relevant to the disposition.

AB342-engrossed, s. 36 Section 36. 938.335 (3m) (am) of the statutes is created to read:

AB342-engrossed,18,11 938.335 (3m) (am) Before imposing a disposition in a proceeding in which a juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of protection or services under s. 938.13 (12), the court shall inquire of the district attorney or corporation counsel whether he or she has complied with par. (b) and whether he or she has complied with s. 938.27 (4m), whether any of the known victims requested notice of the date, time and place of the dispositional hearing and, if so, whether the district attorney or corporation counsel provided to the victim notice of the date, time and place of the hearing.

AB342-engrossed, s. 37 Section 37. 938.335 (3m) (b) of the statutes is amended to read:

AB342-engrossed,18,19 938.335 (3m) (b) After a finding that a juvenile is delinquent under s. 938.12 or is found to be in need of protection or services under s. 938.13 (12), the district attorney or corporation counsel shall make a reasonable attempt to contact any known victim or family member of a homicide victim to inform that person of the right to make a statement under par. (a). Any failure to comply with this paragraph is not a ground for an appeal of a dispositional order or for any court to reverse or modify a dispositional order.

AB342-engrossed, s. 38 Section 38. 938.346 (1) (d) 1. of the statutes is amended to read:

AB342-engrossed,19,4 938.346 (1) (d) 1. Information regarding any decision to close a case under s. 938.24 (5m), any deferred prosecution agreement under s. 938.245, any decision not to file a petition under s. 938.25 (2m), any consent decree under s. 938.32 or any dispositional order under ss. 938.34 to 938.345. The information may not include reports under s. 938.295 or 938.33 or any other information that deals with sensitive personal matters of the juvenile and the juvenile's family and that does not directly relate to the act or alleged act committed against the victim. This subdivision does not affect the right of a victim to attend any hearing that the victim is permitted to attend under s. 938.299 (1) (am).

AB342-engrossed, s. 39 Section 39. 938.346 (1) (em) of the statutes is created to read:

AB342-engrossed,19,9 938.346 (1) (em) The right to confer, if requested, with an intake worker regarding deferred prosecution agreements under s. 938.245 (1m) or with a district attorney or corporation counsel under s. 938.265 regarding the possible outcomes of the proceedings and under s. 938.32 (1) (am) regarding consent decrees.

AB342-engrossed, s. 40 Section 40. 938.346 (1) (fm) of the statutes is created to read:

AB342-engrossed,19,11 938.346 (1) (fm) All of the following:

AB342-engrossed,19,12 1. The right to a separate waiting area as provided under s. 938.2965.

AB342-engrossed,19,14 2. The right to have his or her interest considered concerning continuances in the case under s. 938.315 (2)

AB342-engrossed,19,17 3. The right to have victim impact information included in a court report under s. 938.33 and to have the person preparing the court report attempt to contact the victim, as provided under s. 938.331.

AB342-engrossed,19,18 4. The right to employer intercession services under s. 950.04 (1v) (bm).

AB342-engrossed, s. 41 Section 41. 938.346 (1) (h) of the statutes is created to read:

AB342-engrossed,19,20 938.346 (1) (h) All of the following:

AB342-engrossed,19,22 1. The right to be accompanied by a service representative, as provided under s. 895.73.

AB342-engrossed,19,24 2. The right to restitution, as provided under ss. 938.245, 938.32 (1t) and 938.34 (5).

AB342-engrossed,19,25 3. The right to compensation, as provided under ch. 949.

AB342-engrossed,20,1 4. The right to a speedy disposition of the case under s. 950.04 (1v) (k).

AB342-engrossed,20,3 5. The right to have personal property returned, as provided under s. 950.04 (1v) (s).

AB342-engrossed,20,6 6. The right to complain to the department of justice concerning the treatment of crime victims, as provided under s. 950.08 (3), and to request review by the crime victims rights board of the complaint, as provided under s. 950.09 (2).

AB342-engrossed, s. 42 Section 42. 938.346 (1m) of the statutes is amended to read:

AB342-engrossed,20,22 938.346 (1m) The intake worker shall make a reasonable attempt to provide notice of the information specified in sub. (1) (a), (b) and, (c) and (h), the information specified in sub. (1) (d) relating to a deferred prosecution agreement under s. 938.245, the information specified in sub. (1) (em) relating to the right to confer, if requested, on deferred prosecution agreements and the information specified in sub. (3) if the inquiry is terminated without a deferred prosecution agreement before the filing of a petition juvenile's case is closed. The district attorney or corporation counsel shall make a reasonable attempt to provide notice of the information specified in sub. (1) (e), (f), (fm) and (g), the information specified in sub. (1) (d) relating to a consent decree under s. 938.32 or a dispositional order under ss. 938.34 to 938.345, the information specified in sub. (1) (em) relating to the right to request an opportunity to confer, if requested, on amendment of petitions, consent decrees and disposition recommendations and the information under sub. (3) if he or she decides not to file a petition or the proceeding is terminated without a consent decree or dispositional order after the filing of a petition.

AB342-engrossed, s. 43 Section 43. 938.346 (3) of the statutes is amended to read:

AB342-engrossed,21,8 938.346 (3) If an inquiry or proceeding is closed, dismissed by an intake worker or otherwise does not result in a deferred prosecution agreement, the intake worker shall make a reasonable attempt to inform each known victim of the juvenile's alleged act as provided in s. 938.24 (5m). If a district attorney or corporation counsel decides not to file a petition or if, after a petition is filed, a proceeding is dismissed or otherwise does not result in a consent decree or dispositional order, a district attorney or corporation counsel shall make a reasonable attempt shall be made to inform each known victim of the juvenile's alleged act that the inquiry or proceeding has been terminated as provided in s. 938.25 (2m) or 938.312, whichever is applicable.

AB342-engrossed, s. 44 Section 44. 938.346 (4) of the statutes is amended to read:

AB342-engrossed,21,11 938.346 (4) If the victim, as defined in s. 938.02 (20m) (a) 1., is a child, the notice under this section shall be given to the child's parents, guardian or legal custodian.

AB342-engrossed, s. 45 Section 45. 938.346 (5) of the statutes is amended to read:

AB342-engrossed,21,18 938.346 (5) Chief judges and circuit judges shall establish by policy and rule procedures for the implementation of this section. The Subject to subs. (1m) and (3), the policies and rules shall specify when, how and by whom the notice under this section shall be provided to victims and with whom victims may confer regarding deferred prosecution agreements, amendment of petitions, consent decrees and disposition recommendations.

AB342-engrossed, s. 46 Section 46. 938.396 (1g) of the statutes is amended to read:

AB342-engrossed,22,3 938.396 (1g) If requested by the victim-witness coordinator, a law enforcement agency shall disclose to the victim-witness coordinator any information in its records relating to the enforcement of rights under the constitution, this chapter and s. 950.04 or the provision of services under s. 950.05 950.06 (1m). The victim-witness coordinator may use the information only for the purpose of enforcing those rights and providing those services and may make that information available only as necessary to ensure that victims and witnesses of crimes, as defined in s. 950.02 (1m), receive the rights and services to which they are entitled under the constitution, this chapter and ch. 950.

AB342-engrossed, s. 47 Section 47. 938.396 (1t) of the statutes is amended to read:

AB342-engrossed,22,14 938.396 (1t) If a juvenile who has been ordered to make restitution for any injury, loss or damage caused by the juvenile and if the juvenile has failed to make that restitution within one year after the entry of the order, the victim's insurer of the victim, as defined in s. 938.02 (20m) (a) 1., may request a law enforcement agency to disclose to the insurer any information in its records relating to the injury, loss or damage suffered by the victim, including the name and address of the juvenile and the juvenile's parents, and the law enforcement agency may, subject to official agency policy, disclose to the victim's insurer that information. The insurer may use and further disclose the information only for the purpose of investigating a claim arising out of the juvenile's act.

AB342-engrossed, s. 48 Section 48. 938.396 (2) (f) of the statutes is amended to read: