LRB-3059/1
JEO:kaf:jf
1997 - 1998 LEGISLATURE
May 6, 1997 - Introduced by Representatives Krug, Green, Rutkowski, Duff, R.
Potter, Schneider, Brandemuehl, Baumgart, Dobyns, Black, Freese, Boyle,
Hahn, Carpenter, Harsdorf, Coggs, Seratti, Hanson, Sykora, Hasenohrl,
Underheim, Ryba, Walker, Springer, Travis, Huebsch, Turner, Vander Loop,
Hutchison, Wasserman, Kelso, L. Young, Ladwig, Ziegelbauer, F. Lasee,
Hebl, Lazich, Huber, J. Lehman, Kreuser, M. Lehman, La Fave, Lorge, Meyer,
Musser, Morris-Tatum, Olsen, Notestein, Plale, Ourada, Plouff, Porter,
Riley, Robson, Albers and Bock, cosponsored by Senators Moore, Huelsman,
Adelman, Plache, Welch, C. Potter, Wirch, Rosenzweig, Moen, Grobschmidt
and Drzewiecki, by request of Attorney General James Doyle; Crime Victims
Council; Wisconsin Coalition Against Sexual Assault; Parents of Murdered
Children; Mothers Against Drunk Driving; Wisconsin Chiefs of Police
Association; Wisconsin Victim/Witness Professionals Association; Coalition of
Wisconsin Aging Groups; Wisconsin Merchants Federation; AFSCME, Locals
3021 and 3394 (Correctional Officers). Referred to Committee on Judiciary.
AB342,2,6
1An Act to repeal 950.04 (6), 950.04 (10), 950.045, 950.05 (title), 950.05 (1),
2950.05 (2), 950.06 (1), 950.06 (2m) and 972.14 (1) (a);
to renumber 950.04 (2),
3950.04 (2m), 950.04 (3), 950.04 (5), 950.04 (7) and 950.05 (1) (a) to (i);
to
4renumber and amend 906.15, 950.02 (4), 950.04 (intro.), 950.04 (1), 950.04
5(4), 950.04 (8) and 950.04 (9);
to amend 938.02 (21), 938.24 (5), 938.27 (4m),
6938.273 (2), 938.31 (2), 938.315 (2), 938.32 (1) (b) 1., 938.32 (1) (b) 2., 938.331,
7938.335 (3m) (a), 938.335 (3m) (b), 938.346 (1) (d) 1., 938.346 (1m), 938.346 (3),
8938.346 (4), 938.346 (5), 938.396 (1g), 938.396 (1t), 938.396 (2) (f), 938.396 (2)
9(fm), 938.51 (1) (c), 938.51 (1m), 938.51 (2), 938.51 (4) (a), 950.02 (1m), 950.055
10(2) (intro.), 950.055 (3), 950.06 (title), 950.06 (2), 950.06 (4), 950.08 (title),
11950.08 (3), 972.14 (3) (a) and 972.14 (3) (b); and
to create 15.255 (2), 906.15 (2)
12(d), 938.02 (20m), 938.067 (6g), 938.24 (5m), 938.245 (1m), 938.25 (2m),
13938.265, 938.296 (1) (e), 938.2965, 938.30 (4m), 938.312, 938.32 (1) (am), 938.32
14(1) (b) 1m., 938.335 (3m) (am), 938.346 (1) (em), 938.346 (1) (fm), 938.346 (1) (h),
1950.02 (1t), 950.02 (2m), 950.02 (3m), 950.02 (4) (a) 2., 3., 4. and 5., 950.02 (4)
2(b), 950.04 (1v), 950.04 (2w) (f), 950.06 (1m) (intro.), 950.08 (1) (title), 950.08 (2)
3(title), 950.08 (2g), (2r) and (2s), 950.09, 950.10, 950.11, 967.10, 971.08 (1) (d),
4971.095, 971.10 (3) (b) 3., 971.315, 972.14 (1) (ag) and 972.14 (2m) of the
5statutes;
relating to: rights of victims of crime, granting rule-making
6authority and providing a penalty.
Analysis by the Legislative Reference Bureau
Currently, both the statutes and the state constitution provide various rights
to victims of a crime. Currently, "crime" generally includes an act by a juvenile that
would be a crime if committed by an adult. In addition, in certain cases "crime victim"
includes family members of a victim who died as a result of the crime and parents
or guardians of a victim who is a child.
Among the rights provided to crime victims under current statutes are the
following: the right to a speedy disposition of the case in which he or she is involved
as a victim; the right to have stolen or other personal property returned expeditiously
once it is no longer needed as evidence; the right to information concerning financial
assistance and other social services available to crime victims; the right to provide
statements to the court concerning sentencing, disposition or parole; the right to seek
restitution from the offender and compensation from the state crime victim
compensation program; and the right to be informed of the final disposition of the
case. In addition, crime victims who have requested such notification have the right
to be notified about certain court proceedings that are scheduled in the case in which
he or she is involved as a victim and about release to the community of a person who
committed a crime against the victim, whether that release is to community
confinement, to parole or other conditional or supervised release or at the conclusion
of the person's sentence or commitment to a mental health institution.
The state constitution provides that crime victims are entitled to the rights
provided under current statutes as well as to the following rights: the opportunity
to attend court proceedings unless the trial court finds sequestration is necessary to
a fair trial for the defendant; reasonable protection from the accused throughout the
criminal justice process; and the opportunity to confer with the prosecution. The
constitution also requires the legislature to provide remedies for the violation of the
rights of crime victims guaranteed by the constitution.
Currently, prosecutors and, in juvenile delinquency cases, court intake workers
are responsible for notifying victims of certain of their rights and providing
information on how to exercise those rights. In addition, counties are encouraged but
not required to enforce crime victims' rights and to provide various services to crime
victims. If a county undertakes to enforce victims' rights and provide services to
crime victims, the county must bear the costs of the enforcement and services, though
it may be eligible to receive reimbursement from the state for providing services to
crime victims. In addition, the department of justice (DOJ) must provide
information about and referral to crime victim services, crisis counseling and
emotional support for crime victims and assistance in securing resources and
protection for crime victims. DOJ may also receive and mediate complaints
regarding the treatment of crime victims by public officials, employes or agencies or
crime victim assistance programs.
This bill does all of the following relating to the rights of victims of crime:
1. The bill provides that county boards do not have the primary responsibility
for enforcing victims rights (though county boards will be responsible for providing
some services necessary to provide victims their rights and, as under current law,
counties will be eligible for reimbursement for the provision of certain services).
Instead, the bill specifies that law enforcement agencies and prosecutors or their
designees or, in juvenile delinquency cases, court intake workers are responsible for
notifying victims of their rights and providing information on how to exercise those
rights. In addition, the bill creates a crime victims rights board (board), which
consists of a district attorney, a representative of local law enforcement agencies, a
person employed or contracted by a county to provide services to victims and
witnesses and 2 public members. At the request of one of the parties involved, the
board may review a complaint made to DOJ regarding a violation of the rights of a
crime victim since DOJ has completed its action on the complaint. Based on its
review of the complaint, the board may do any of the following: a) issue private or
public reprimands of public officials, employes or agencies that violate the rights of
crime victims; b) refer violations of the rights of crime victims by judges to the judicial
commission; c) seek appropriate equitable relief on behalf of a victim if such relief is
necessary to protect the rights of the victim; or d) bring a civil action to assess a
forfeiture of not more than $1,000. The board may also issue reports and
recommendations concerning the securing and provision of crime victim rights and
services.
2. The bill expands the statutory definition of "crime victim" that is used for
purposes of providing most rights and services to crime victims. Under the bill,
"crime victim" includes, in addition to the person against whom the crime is
committed, all of the following persons: a) a parent, guardian or legal custodian of
the victim, if the victim is a child; b) a family member of the victim or another person
designated by the victim, if the victim is physically or emotionally unable to exercise
his or her rights; c) a family member of the victim or a person who resided with the
victim, if the victim is deceased; and d) the guardian of the victim, if the victim has
been found incompetent and had a guardian appointed for him or her by a court.
3. The bill requires prosecutors and, in juvenile delinquency cases, court intake
workers to confer with a crime victim concerning the case or certain actions being
taken in the case, if the victim has requested the opportunity to confer. In juvenile
cases a court intake worker must confer with victims concerning deferred
prosecution agreements, while a prosecutor of a juvenile delinquency case must
confer with victims concerning proposed consent decrees and the possible outcomes
of the delinquency proceeding. In adult criminal cases, a prosecutor must confer with
victims concerning the prosecution of the case and the possible outcomes of the
prosecution.
4. The bill requires notices to victims concerning certain actions taken in a case.
Specifically, the bill requires a prosecutor in an adult criminal case to provide, to
victims who have requested it, notice of the date, time and place of scheduled court
proceedings in the case (other than bail hearings scheduled before the initial
appearance in court of the accused). The bill also requires prosecutors and, in
juvenile delinquency cases, court intake workers to notify victims if a case is being
closed without a person being charged or if a case in which a person was charged is
dismissed.
5. The bill prohibits a court from excluding a victim from the courtroom during
a trial or juvenile delinquency fact-finding hearing unless exclusion is necessary to
provide a fair trial or fair fact-finding hearing.
For further information see the state and 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:
AB342, s. 1
1Section
1. 15.255 (2) of the statutes is created to read:
AB342,4,32
15.255
(2) Crime victims rights board. (a) There is created a crime victims
3rights board which is attached to the department of justice under s. 15.03.
AB342,4,44
(b) The crime victims rights board shall be composed of 5 members as follows:
AB342,4,55
1. One district attorney holding office in this state.
AB342,4,66
2. One representative of local law enforcement in this state.
AB342,4,87
3. One person who is employed or contracted by a county board of supervisors
8under s. 950.06 to provide services for victims and witnesses of crimes.
AB342,4,109
4. Two public members, not employed in law enforcement, by a district attorney
10or as specified in subd. 3., who are citizens of this state.
AB342,4,1411
(c) The members of the crime victims rights board specified in par. (b) 1., 2. and
123. and one of the members specified in par. (b) 4. shall be appointed by the attorney
13general. One of the members specified in par. (b) 4. shall be appointed by the crime
14victims council.
AB342,5,4
1(d) The members of the crime victims rights board under par. (a) shall be
2appointed for 4-year terms, but no member shall serve beyond the time when the
3member ceases to hold the office or employment by reason of which the member was
4initially eligible for appointment.
AB342,5,85
(e) Notwithstanding the provisions of any statute, ordinance, local law or
6charter provision, membership on the crime victims rights board does not disqualify
7any member from holding any other public office or employment, or cause the
8forfeiture thereof.
AB342, s. 2
9Section
2. 906.15 of the statutes is renumbered 906.15 (1) and amended to
10read:
AB342,5,1411
906.15
(1) At the request of a party
, the judge or court commissioner shall order
12witnesses excluded so that they cannot hear the testimony of other witnesses
, and
13the. The judge or court commissioner may
also make the order of his or her own
14motion.
This section
AB342,5,15
15(2) Subsection (1) does not authorize exclusion of
(1) a any of the following:
AB342,5,16
16(a) A party who is a natural person
, or (2) an.
AB342,5,18
17(b) An officer or employe of a party which is not a natural person designated
18as its representative by its attorney
, or (3) a.
AB342,5,20
19(c) A person whose presence is shown by a party to be essential to the
20presentation of the party's cause.
AB342,5,24
21(3) The judge or court commissioner may direct that all
such excluded and
22non-excluded witnesses be kept separate until called and may prevent them from
23communicating with one another until they have been examined or the hearing is
24ended.
AB342, s. 3
25Section
3. 906.15 (2) (d) of the statutes is created to read:
AB342,6,7
1906.15
(2) (d) A victim, as defined in s. 950.02 (4), in a criminal case or a victim,
2as defined in s. 938.02 (20m), in a delinquency proceeding under ch. 938, unless the
3judge or court commissioner finds that exclusion of the victim is necessary to provide
4a fair trial for the defendant or a fair fact-finding hearing for the juvenile. The
5presence of a victim during the testimony of other witnesses may not by itself be a
6basis for a finding that exclusion of the victim is necessary to provide a fair trial for
7the defendant or a fair fact-finding hearing for the juvenile.
AB342, s. 4
8Section
4. 938.02 (20m) of the statutes is created to read:
AB342,6,99
938.02
(20m) (a) "Victim" means any of the following:
AB342,6,1010
1. A person against whom a delinquent act has been committed.
AB342,6,1211
2. If the person specified in subd. 1. is a child, a parent, guardian or legal
12custodian of the child.
AB342,6,1613
3. If a person specified in subd. 1. is physically or emotionally unable to exercise
14the rights granted under this chapter, s. 950.04 or article I, section 9m, of the
15Wisconsin constitution, a person designated by the person specified in subd. 1. or a
16family member, as defined in s. 950.02 (3), of the person specified in subd. 1.
AB342,6,1717
4. If a person specified in subd. 1. is deceased, any of the following:
AB342,6,1818
a. A family member, as defined in s. 950.02 (3), of the person who is deceased.
AB342,6,1919
b. A person who resided with the person who is deceased.
AB342,6,2120
5. If a person specified in subd. 1. has been determined to be incompetent under
21ch. 880, the guardian of the person appointed under ch. 880.
AB342,6,2322
(b) "Victim" does not include a juvenile alleged to have committed the
23delinquent act.
AB342, s. 5
24Section
5. 938.02 (21) of the statutes is amended to read:
AB342,7,5
1938.02
(21) "Victim-witness coordinator" means a person employed or
2contracted by the county board of supervisors under s. 950.06
to enforce the rights
3of victims and witnesses of crimes and to provide services for
those the victims and
4witnesses
of crimes or a person employed or contracted by the department of justice
5to provide the services specified in s. 950.08.
AB342, s. 6
6Section
6. 938.067 (6g) of the statutes is created to read:
AB342,7,87
938.067
(6g) Provide information and notices to and confer with victims as
8required under s. 938.346 (1m).
AB342, s. 7
9Section
7. 938.24 (5) of the statutes is amended to read:
AB342,8,710
938.24
(5) The intake worker shall request that a petition be filed, enter into
11a deferred prosecution agreement or close the case within 40 days or sooner of receipt
12of referral information.
Before entering into a deferred prosecution agreement, the
13intake worker shall comply with s. 938.245 (1m), if applicable. If the case is closed
14or a deferred prosecution agreement is entered into, the district attorney, corporation
15counsel or other official under s. 938.09 shall receive written notice of such action.
16If the case is closed, the known victims of the juvenile's alleged act shall receive notice
17as provided under sub. (5m), if applicable. In addition, if a deferred prosecution
18agreement is entered into placing a juvenile in a youth village program as described
19in s. 118.42, the judge or juvenile court commissioner shall receive written notice of
20such action and, on receipt of that notice, shall enter an order requiring compliance
21with that agreement. A notice of deferred prosecution of an alleged delinquency case
22shall include a summary of the facts surrounding the allegation and a list of prior
23intake referrals and dispositions. If a law enforcement officer has made a
24recommendation concerning the juvenile, the intake worker shall forward this
25recommendation to the district attorney under s. 938.09. Notwithstanding the
1requirements of this section, the district attorney may initiate a delinquency petition
2under s. 938.25 within 20 days after notice that the case has been closed or that a
3deferred prosecution agreement has been entered into. The judge shall grant
4appropriate relief as provided in s. 938.315 (3) with respect to any such petition
5which is not referred or filed within the time limits specified within this subsection.
6Failure to object if a petition is not referred or filed within a time limit specified in
7this subsection waives that time limit.