AB342: Bill Text Engrossed

AB342-engrossed, s. 81 Section 81. 950.05 (2) of the statutes is repealed.

AB342-engrossed, s. 82 Section 82. 950.055 (2) (intro.) of the statutes is amended to read:

AB342-engrossed,32,10 950.055 (2) Additional services. (intro.) In addition to all rights afforded to victims and witnesses under s. 950.04 and services provided under s. 950.05 950.06 (1m), counties are encouraged to provide the following additional services on behalf of children who are involved in criminal or delinquency proceedings as victims or witnesses:

AB342-engrossed, s. 83 Section 83. 950.055 (3) of the statutes is amended to read:

AB342-engrossed,32,17 950.055 (3) Program responsibility. In each county, the county board is responsible for the enforcement of rights and the provision of services under this section. A county may seek reimbursement for services provided under this section as part of its program plan submitted to the department under s. 950.06. To the extent possible, counties shall utilize volunteers and existing public resources for the provision of these services.

AB342-engrossed, s. 84 Section 84. 950.06 (title) of the statutes is amended to read:

AB342-engrossed,32,19 950.06 (title) Responsibility Reimbursement for rights and services.

AB342-engrossed, s. 85 Section 85. 950.06 (1) of the statutes is repealed.

AB342-engrossed, s. 86 Section 86. 950.06 (1m) (intro.) of the statutes is created to read:

AB342-engrossed,32,24 950.06 (1m) (intro.) To be eligible for reimbursement under this section for the provision of services to victims and witnesses, a county shall provide all of the following services to victims and witnesses:

AB342-engrossed, s. 87 Section 87. 950.06 (2) of the statutes is amended to read:

AB342-engrossed,33,12 950.06 (2) The costs of enforcing rights under s. 950.04 and providing services under s. 950.05 sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services under s. 950.05. For costs incurred on or after January 1, 1982, the county is eligible to receive funding from the state for not more than 90% of the costs incurred in providing services under s. 950.05. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse the counties from the appropriations under s. 20.455 (5) (c) and (g) on a semiannual basis for services provided. If a county has a program plan approved after July 2, 1983, the department may reimburse the county only for services provided on or after January 1, 1984.

AB342-engrossed, s. 88 Section 88. 950.06 (2m) of the statutes is repealed.

AB342-engrossed, s. 89 Section 89. 950.06 (4) of the statutes is amended to read:

AB342-engrossed,34,6 950.06 (4) If the county seeks reimbursement under sub. (2), the county board shall submit a program plan to the department for its approval. The county is eligible for reimbursement under sub. (2) only if the department has approved the plan. The program plan shall describe the level of services to victims and witnesses that the county intends to provide; the personnel or agencies responsible for related administrative programs and individual services; proposed staffing for the program; proposed education, training and experience requirements for program staff and the staff of agencies providing related administrative programs and individual services; the county's budget for implementing the program and other information the department determines to be necessary for its review. The plan shall provide that the district attorney, local law enforcement agencies and the courts shall make available to the person or agency responsible for administering the program all reports or files, except reports or files which are required by statute to be kept confidential, if the reports or files are required by the person or agency to carry out program responsibilities. Each year, the county board shall submit a report to the department on the operation of the plan, including the enforcement of rights under s. 950.04 and the provision of services under s. 950.05 sub. (1m).

AB342-engrossed, s. 90 Section 90. 950.08 (title) of the statutes is amended to read:

AB342-engrossed,34,8 950.08 (title) Hotline, information Information and mediation services.

AB342-engrossed, s. 91 Section 91. 950.08 (1) (title) of the statutes is created to read:

AB342-engrossed,34,10 950.08 (1) (title) Duties of department; toll-free telephone number.

AB342-engrossed, s. 92 Section 92. 950.08 (2) (title) of the statutes is created to read:

AB342-engrossed,34,12 950.08 (2) (title) Duties of department; general informational program.

AB342-engrossed, s. 93 Section 93. 950.08 (2g), (2r) and (2s) of the statutes are created to read:

AB342-engrossed,34,18 950.08 (2g) Information to be provided by law enforcement agencies. No later than 24 hours after a law enforcement agency has initial contact with a victim of a crime that the law enforcement agency is responsible for investigating, the law enforcement agency shall make a reasonable attempt to provide to the victim written information on all of the following:

AB342-engrossed,34,19 (a) A list of the rights of victims under s. 950.04 (1v).

AB342-engrossed,34,22 (b) The availability of compensation under ch. 949 and the address and telephone number at which to contact the department for information concerning compensation under ch. 949.

AB342-engrossed,35,4 (c) The address and telephone number of the intake worker, corporation counsel or district attorney whom the victim may contact to obtain information concerning the rights of victims and to request notice of court proceedings under ss. 938.27 (4m) and (6), 938.273 (2), 938.299 (1) (am) and 938.335 (3m) (b) or ss. 971.095 (3) and 972.14 (3) (b), whichever is applicable, and to request the opportunity to confer under ss. 938.245 (1m), 938.265 or 938.32 (1) (am) or s. 971.095 (2), whichever is applicable.

AB342-engrossed,35,7 (d) The address and telephone number of the custodial agency that the victim may contact to obtain information concerning the taking into custody or arrest of a suspect in connection with the crime of which he or she is a victim.

AB342-engrossed,35,11 (e) The address and telephone number of the custodial agency that the victim may contact for information concerning release under s. 938.20 or 938.21 or ch. 969, whichever is appropriate, of a person arrested or taken into custody for the crime of which he or she is a victim.

AB342-engrossed,35,14 (f) Suggested procedures for the victim to follow if he or she is subject to threats or intimidation arising out of his or her cooperation with law enforcement and prosecution efforts relating to a crime of which he or she is a victim.

AB342-engrossed,35,17 (g) The address and telephone number at which the victim may contact the department or any local agency that provides victim assistance in order to obtain further information about services available for victims, including medical services.

AB342-engrossed,35,23 (2r) Information to be provided by a district attorney in criminal cases. As soon as practicable, but in no event later than 10 days after the initial appearance under s. 970.01 or 24 hours before a preliminary examination under s. 970.03, whichever is earlier, of a person charged with a crime in a court of criminal jurisdiction, a district attorney shall make a reasonable attempt to provide to each victim of the crime written information on all of the following:

AB342-engrossed,35,24 (a) A brief statement of the procedure for prosecuting a crime.

AB342-engrossed,36,2 (b) A list of the rights of victims under s. 950.04 (1v) and information about how to exercise those rights.

AB342-engrossed,36,4 (c) The person or agency to notify if the victim changes his or her address and wants to continue to receive notices and services under s. 950.04 or 971.095 (3).

AB342-engrossed,36,7 (d) The availability of compensation under ch. 949, including information concerning eligibility for compensation and the procedure for applying for compensation.

AB342-engrossed,36,9 (e) The person to contact for further information about a case involving the prosecution of a crime of which he or she is a victim.

AB342-engrossed,36,12 (2s) Information concerning juvenile cases. Notification of a victim of an act committed by a juvenile concerning the rights of victims under ch. 938 shall be provided as specified in s. 938.346.

AB342-engrossed, s. 94 Section 94. 950.08 (3) of the statutes is amended to read:

AB342-engrossed,36,22 950.08 (3) (title) Duties of department; mediation. The department may receive complaints, seek to mediate complaints and, with the consent of the involved parties, actually mediate complaints regarding the treatment of crime victims and witnesses by public officials, employes or agencies or under crime victim and witness assistance programs. The department may act as a liaison between crime victims or witnesses and others when seeking to mediate these complaints and may request a written response regarding the complaint from the subject of a complaint. If asked by the department to provide a written response regarding a complaint, the subject of a complaint shall respond to the department's request within a reasonable time.

AB342-engrossed, s. 95 Section 95. 950.09 of the statutes is created to read:

AB342-engrossed,36,25 950.09 Crime victims rights board. (1) In this section, "board" means the crime victims rights board.

AB342-engrossed,37,9 (2) At the request of one of the involved parties, the board may review a complaint made to the department under s. 950.08 (3) regarding a violation of the rights of a crime victim. A party may not request the board to review a complaint under this subsection until the department has completed its action on the complaint under s. 950.08 (3). In reviewing a complaint under this subsection, the board may not begin any investigation or take any action specified in pars. (a) to (d) until the board first determines that there is probable cause to believe that the subject of the complaint violated the rights of a crime victim. Based on its review of a complaint under this subsection, the board may do any of the following:

AB342-engrossed,37,12 (a) Issue private and public reprimands of public officials, employes or agencies that violate the rights of crime victims provided under this chapter, ch. 938 and article I, section 9m, of the Wisconsin constitution.

AB342-engrossed,37,15 (b) Refer to the judicial commission a violation or alleged violation by a judge of the rights of crime victims provided under this chapter, ch. 938 and article I, section 9m, of the Wisconsin constitution.

AB342-engrossed,37,18 (c) Seek appropriate equitable relief on behalf of a victim if such relief is necessary to protect the rights of the victim. The board may not seek to appeal, reverse or modify a judgment of conviction or a sentence in a criminal case.

AB342-engrossed,38,2 (d) Bring civil actions to assess a forfeiture under s. 950.11. Notwithstanding s. 778.06, an action or proposed action authorized under this paragraph may be settled for such sum as may be agreed upon between the parties. In settling actions or proposed actions, the board shall treat comparable situations in a comparable manner and shall assure that any settlement bears a reasonable relationship to the severity of the offense or alleged offense. Forfeiture actions brought by the board shall be brought in the circuit court for the county in which the violation is alleged to have occurred.

AB342-engrossed,38,5 (3) In addition to its powers under sub. (2), the board may issue reports and recommendations concerning the securing and provision of crime victims rights and services.

AB342-engrossed,38,7 (4) Actions of the board are not subject to approval or review by the attorney general.

AB342-engrossed,38,9 (5) The board shall promulgate rules establishing procedures for the exercise of its powers under this section.

AB342-engrossed, s. 96 Section 96. 950.095 of the statutes is created to read:

AB342-engrossed,38,14 950.095 Confidentiality of complaints. (1) (a) The records of the department relating to a complaint made under s. 950.08 (3) are confidential unless the subject of the complaint waives the right to confidentiality in writing to the department.

AB342-engrossed,38,18 (am) Before a finding of probable cause under s. 950.09 (2), a complaint referred to the crime victims rights board under s. 950.09 (2) is confidential unless the subject of the complaint waives the right to confidentiality in writing to the crime victims rights board.

AB342-engrossed,39,3 (b) If a complaint becomes known to the public before the completion of action by the department under s. 950.08 (3) or a finding of probable cause by the crime victims rights board under s. 950.09 (2), the department or the crime victims rights board, whichever is applicable, may issue statements in order to confirm that a complaint has been made or is being reviewed, to clarify the procedural aspects of actions taken under ss. 950.08 (3) and 950.09 (2), to explain the right of the subject of the complaint to respond to the complaint, to state that the subject of the complaint denies the allegations, if applicable, to state that action under ss. 950.08 (3) and 950.09 (2) has been completed and no basis for the complaint was found or to correct public misinformation.

AB342-engrossed,39,6 (1m) In investigating a complaint made under s. 950.08 (3) or being reviewed under s. 950.09 (2), the department or the crime victims rights board, whichever is applicable, shall do all of the following:

AB342-engrossed,39,8 (a) Act to avoid unnecessary embarrassment to and publicity for the subject of the complaint.

AB342-engrossed,39,11 (b) Request any person contacted for information not to disclose that an investigation is being conducted or the nature of any inquiries made by the department or the crime victims rights board.

AB342-engrossed,39,13 (2) This section does not preclude the department or the crime victims rights board from doing any of the following:

AB342-engrossed,39,15 (a) Informing the person who made the complaint of the outcome of any action by the department or review by the crime victims rights board.

AB342-engrossed,39,17 (b) Referring to the judicial commission information relating to alleged misconduct by or an alleged disability of a judge or court commissioner.

AB342-engrossed,39,20 (c) Referring to an appropriate law enforcement authority information relating to possible criminal conduct or otherwise cooperating with a law enforcement authority in matters of mutual interest.

AB342-engrossed,39,23 (d) Referring to an attorney disciplinary agency information relating to the possible misconduct or incapacity of an attorney or otherwise cooperating with an attorney disciplinary agency in matters of mutual interest.

AB342-engrossed,39,25 (e) Disclosing to the chief justice or director of state courts information relating to matters affecting the administration of the courts.

AB342-engrossed, s. 97 Section 97. 950.10 of the statutes is created to read:

AB342-engrossed,40,8 950.10 Limitation on liability; grounds for appeal. (1) No cause of action for money damages may arise against the state, any political subdivision of the state or any employe or agent of the state or a political subdivision of the state for any act or omission in the performance of any power or duty under this chapter or under article I, section 9m, of the Wisconsin constitution or for any act or omission in the performance of any power or duty under ch. 938 relating to the rights of, services for or notices to victims.

AB342-engrossed,40,12 (2) A failure to provide a right, service or notice to a victim under this chapter or ch. 938 or under article I, section 9m, of the Wisconsin constitution is not a ground for an appeal of a judgment of conviction or sentence and is not grounds for any court to reverse or modify a judgment of conviction or sentence.

AB342-engrossed, s. 98 Section 98. 950.11 of the statutes is created to read:

AB342-engrossed,40,16 950.11 Penalties. A public official, employe or agency that intentionally fails to provide a right specified under s. 950.04 (1v) to a victim of a crime may be subject to a forfeiture of not more than $1,000.

AB342-engrossed, s. 99 Section 99. 967.10 of the statutes is created to read:

AB342-engrossed,40,18 967.10 Waiting area for victims and witnesses. (1) In this section:

AB342-engrossed,40,19 (a) "Victim" has the meaning given in s. 950.02 (4).

AB342-engrossed,40,20 (b) "Witness" has the meaning given in s. 950.02 (5).

AB342-engrossed,41,2 (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 court proceedings that is separate from any area used by the defendant, the defendant's relatives and defense witnesses. 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 defendant, the defendant's relatives and defense witnesses during court proceedings.

AB342-engrossed, s. 100 Section 100. 971.08 (1) (d) of the statutes is created to read:

AB342-engrossed,41,5 971.08 (1) (d) Inquire of the district attorney whether he or she has complied with s. 971.095 (2).

AB342-engrossed, s. 101 Section 101. 971.095 of the statutes is created to read:

AB342-engrossed,41,7 971.095 Consultation with and notices to victim. (1) In this section:

AB342-engrossed,41,8 (a) "District attorney" has the meaning given in s. 950.02 (2m).

AB342-engrossed,41,9 (b) "Victim" has the meaning given in s. 950.02 (4).

AB342-engrossed,41,17 (2) In any case in which a defendant has been charged with a crime, the district attorney shall, as soon as practicable, offer all of the victims in the case who have requested the opportunity an opportunity to confer with the district attorney concerning the prosecution of the case and the possible outcomes of the prosecution, including potential plea agreements and sentencing recommendations. The duty to confer under this subsection does not limit the obligation of the district attorney to exercise his or her discretion concerning the handling of any criminal charge against the defendant.

AB342-engrossed,41,24 (3) At the request of a victim, a district attorney shall make a reasonable attempt to provide the victim with notice of the date, time and place of scheduled court proceedings in a case involving the prosecution of a crime of which he or she is a victim and any changes in the date, time or place of a scheduled court proceeding for which the victim has received notice. This subsection does not apply to a proceeding held before the initial appearance to set conditions of release under ch. 969.

AB342-engrossed,42,4 (4) If a person is arrested for a crime but the district attorney decides not to charge the person with a crime, the district attorney shall make a reasonable attempt to inform all of the victims of the act for which the person was arrested that the person will not be charged with a crime at that time.

AB342-engrossed,42,8 (5) If a person is charged with committing a crime and the charge against the person is subsequently dismissed, the district attorney shall make a reasonable attempt to inform all of the victims of the crime with which the person was charged that the charge has been dismissed.

AB342-engrossed,42,11 (6) A district attorney shall make a reasonable attempt to provide information concerning the disposition of a case involving a crime to any victim of the crime who requests the information.

AB342-engrossed, s. 102 Section 102. 971.10 (3) (b) 3. of the statutes is created to read:

AB342-engrossed,42,13 971.10 (3) (b) 3. The interests of the victim, as defined in s. 950.02 (4).

AB342-engrossed, s. 103 Section 103. 971.17 (4m) (b) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB342-engrossed,42,18 971.17 (4m) (b) If the court conditionally releases a defendant under this section, the district attorney shall notify do all of the following in accordance with par. (c):

AB342-engrossed,42,22 1. The Make a reasonable attempt to notify the victim of the crime committed by the defendant or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.

AB342-engrossed,42,23 2. The Notify the department of corrections.