SB195,12,146
938.32
(1) (b) 1. Before entering into a consent decree in a proceeding in which
7a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection
8or services under s. 938.13 (12), the court shall
determine whether a victim of the
9juvenile's act wants to make a statement to the court. If a victim wants to make a
10statement, the court shall allow
a the victim
or a family member of a homicide victim 11to make a statement
in court or to submit a written statement to be read to the court.
12The court may allow any other person to make or submit a statement under this
13subdivision. Any statement made under this subdivision must be relevant to the
14consent decree.
SB195, s. 22
15Section
22. 938.32 (1) (b) 1m. of the statutes is created to read:
SB195,12,2316
938.32
(1) (b) 1m. Before entering into a consent decree in a proceeding in
17which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of
18protection or services under s. 938.13 (12), the court shall inquire of the district
19attorney or corporation counsel whether he or she has complied with par. (am) and
20whether he or she has complied with subd. 2., whether any of the known victims
21requested notice of the date, time and place of any hearing to be held on the consent
22decree and, if so, whether the district attorney provided to the victim notice of the
23date, time and place of the hearing.
SB195, s. 23
24Section
23. 938.32 (1) (b) 2. of the statutes is amended to read:
SB195,13,7
1938.32
(1) (b) 2. Before entering into a consent decree in a proceeding in which
2a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection
3or services under s. 938.13 (12), the district attorney or corporation counsel shall
4attempt to contact any known victim
or family member of a homicide victim to inform
5that person of the right to make a statement under subd. 1. Any failure to comply
6with this subdivision is not a ground for discharge of the juvenile, parent, guardian
7or legal custodian from fulfilling the terms and conditions of the consent decree.
SB195, s. 24
8Section
24. 938.331 of the statutes is amended to read:
SB195,13,19
9938.331 Court reports; effect on victim. If the delinquent act would
10constitute a felony if committed by an adult, the person preparing the report under
11s. 938.33 (1) shall attempt to determine the economic, physical and psychological
12effect of the delinquent act on the victim
, as defined in s. 938.02 (20m) (a) 1. and 4.
13The person preparing the report may ask any appropriate person for information.
14This section does not preclude the person who prepares the report from including any
15information for the court concerning the impact of a delinquent act on the victim.
16If the delinquent act would not constitute a felony but a victim
, as defined in s. 938.02
17(20m) (a) 1., has suffered bodily harm or the act involved theft or damage to property,
18the person preparing the report is encouraged to seek the information described in
19this section.
SB195, s. 25
20Section
25. 938.335 (3m) (a) of the statutes is amended to read:
SB195,14,421
938.335
(3m) (a) Before imposing a disposition in a proceeding in which a
22juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of
23protection or services under s. 938.13 (12), the court shall
determine whether a
24victim of the juvenile's act wants to make a statement to the court. If a victim wants
25to make a statement, the court shall allow
a
the victim
or a family member of a
1homicide victim to make a statement
in court or to submit a written statement to be
2read to the court. The court may allow any other person to make or submit a
3statement under this paragraph. Any statement made under this paragraph must
4be relevant to the disposition.
SB195, s. 26
5Section
26. 938.335 (3m) (am) of the statutes is created to read:
SB195,14,126
938.335
(3m) (am) Before imposing a disposition in a proceeding in which a
7juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of
8protection or services under s. 938.13 (12), the court shall inquire of the district
9attorney or corporation counsel whether he or she has complied with par. (b),
10whether any of the known victims requested notice of the date, time and place of the
11dispositional hearing and, if so, whether the district attorney or corporation counsel
12provided to the victim notice of the date, time and place of the hearing.
SB195, s. 27
13Section
27. 938.335 (3m) (b) of the statutes is amended to read:
SB195,14,2014
938.335
(3m) (b) After a finding that a juvenile is delinquent under s. 938.12
15or is found to be in need of protection or services under s. 938.13 (12), the district
16attorney or corporation counsel shall attempt to contact any known victim
or family
17member of a homicide victim to inform that person of the right to make a statement
18under par. (a). Any failure to comply with this paragraph is not a ground for an
19appeal of a dispositional order or for any court to reverse or modify a dispositional
20order.
SB195, s. 28
21Section
28. 938.346 (1) (d) 1. of the statutes is amended to read:
SB195,15,522
938.346
(1) (d) 1. Information regarding
any decision to close a case under s.
23938.24 (5m), any deferred prosecution agreement under s. 938.245,
any decision not
24to file a petition under s. 938.25 (2m), any consent decree under s. 938.32 or any
25dispositional order under ss. 938.34 to 938.345. The information may not include
1reports under s. 938.295 or 938.33 or any other information that deals with sensitive
2personal matters of the juvenile and the juvenile's family and that does not directly
3relate to the act or alleged act committed against the victim. This subdivision does
4not affect the right of a victim to attend any hearing that the victim is permitted to
5attend under s. 938.299 (1) (am).
SB195, s. 29
6Section
29. 938.346 (1) (em) of the statutes is created to read:
SB195,15,107
938.346
(1) (em) The right to confer, if requested, with an intake worker
8regarding deferred prosecution agreements under s. 938.245 (1m) or with a district
9attorney or corporation counsel under s. 938.265 regarding the possible outcomes of
10the proceedings and under s. 938.32 (1) (am) regarding consent decrees.
SB195, s. 30
11Section
30. 938.346 (1) (fm) of the statutes is created to read:
SB195,15,1212
938.346
(1) (fm) All of the following:
SB195,15,1313
1. The right to a separate waiting area as provided under s. 938.2965.
SB195,15,1514
2. The right to have his or her interest considered concerning continuances in
15the case under s. 938.315 (2)
SB195,15,1816
3. The right to have victim impact information included in a court report under
17s. 938.33 and to have the person preparing the court report attempt to contact the
18victim, as provided under s. 938.331.
SB195,15,1919
4. The right to employer intercession services under s. 950.04 (1v) (bm).
SB195, s. 31
20Section
31. 938.346 (1) (h) of the statutes is created to read:
SB195,15,2121
938.346
(1) (h) All of the following:
SB195,15,2322
1. The right to be accompanied by a service representative, as provided under
23s. 895.73.
SB195,15,2524
2. The right to restitution, as provided under ss. 938.245, 938.32 (1t) and 938.34
25(5).
SB195,16,1
13. The right to compensation, as provided under ch. 949.
SB195,16,22
4. The right to a speedy disposition of the case under s. 950.04 (1v) (k).
SB195,16,43
5. The right to have personal property returned, as provided under s. 950.04
4(1v) (s).
SB195,16,85
6. The right to complain to the department of justice concerning the treatment
6of crime victims, as provided under s. 950.08 (3), and to request review by the crime
7victims rights board of complaint mediation conducted by the department of justice,
8as provided under s. 950.09 (2).
SB195, s. 32
9Section
32. 938.346 (1m) of the statutes is amended to read:
SB195,16,2310
938.346
(1m) The intake worker shall provide notice of the information
11specified in sub. (1) (a), (b)
and, (c)
and (h), the information specified in sub. (1) (d)
12relating to a deferred prosecution agreement under s. 938.245
, the information
13specified in sub. (1) (em) relating to the right to confer, if requested, on deferred
14prosecution agreements and the information specified in sub. (3) if the
inquiry is
15terminated without a deferred prosecution agreement before the filing of a petition 16juvenile's case is closed. The district attorney or corporation counsel shall provide
17notice of the information specified in sub. (1) (e), (f)
, (fm) and (g), the information
18specified in sub. (1) (d) relating to a consent decree under s. 938.32 or a dispositional
19order under ss. 938.34 to 938.345
, the information specified in sub. (1) (em) relating
20to the right to request an opportunity to confer, if requested, on amendment of
21petitions, consent decrees and disposition recommendations and the information
22under sub. (3) if
he or she decides not to file a petition or the proceeding is terminated
23without a consent decree or dispositional order after the filing of a petition.
SB195, s. 33
24Section
33. 938.346 (3) of the statutes is amended to read:
SB195,17,10
1938.346
(3) If an inquiry
or proceeding is closed
, dismissed by an intake worker 2or otherwise does not result in a deferred prosecution agreement,
the intake worker
3shall make a reasonable attempt to inform each known victim of the juvenile's
4alleged act as provided in s. 938.24 (5m). If a district attorney or corporation counsel
5decides not to file a petition or if, after a petition is filed, a proceeding is dismissed
6or otherwise does not result in a consent decree or dispositional order, a
district
7attorney or corporation counsel shall make a reasonable attempt
shall be made to
8inform each known victim of the juvenile's alleged act
that the inquiry or proceeding
9has been terminated as provided in s. 938.25 (2m) or 938.312, whichever is
10applicable.
SB195, s. 34
11Section
34. 938.346 (4) of the statutes is amended to read:
SB195,17,1312
938.346
(4) If the victim
, as defined in s. 938.02 (20m) (a) 1., is a child, the notice
13under this section shall be given to the child's parents, guardian or legal custodian.
SB195, s. 35
14Section
35. 938.346 (5) of the statutes is amended to read:
SB195,17,2015
938.346
(5) Chief judges and circuit judges shall establish by policy and rule
16procedures for the implementation of this section.
The Subject to subs. (1m) and (3),
17the policies and rules shall specify when, how and by whom the notice under this
18section shall be provided to victims
and with whom victims may confer regarding
19deferred prosecution agreements, amendment of petitions, consent decrees and
20disposition recommendations.
SB195, s. 36
21Section
36. 938.396 (1g) of the statutes is amended to read:
SB195,18,522
938.396
(1g) If requested by the victim-witness coordinator, a law enforcement
23agency shall disclose to the victim-witness coordinator any information in its records
24relating to the enforcement of rights under the constitution, this chapter and s.
25950.04 or the provision of services under s.
950.05
950.06 (1m). The victim-witness
1coordinator may use the information only for the purpose of enforcing those rights
2and providing those services and may make that information available only as
3necessary to ensure that victims and witnesses of crimes, as defined in s. 950.02 (1m),
4receive the rights and services to which they are entitled under the constitution, this
5chapter and ch. 950.
SB195, s. 37
6Section
37. 938.396 (1t) of the statutes is amended to read:
SB195,18,167
938.396
(1t) If a juvenile who has been ordered to make restitution for any
8injury, loss or damage caused by the juvenile and if the juvenile has failed to make
9that restitution within one year after the entry of the order, the
victim's insurer
of
10the victim, as defined in s. 938.02 (20m) (a) 1., may request a law enforcement agency
11to disclose to the insurer any information in its records relating to the injury, loss or
12damage suffered by the victim, including the name and address of the juvenile and
13the juvenile's parents, and the law enforcement agency may, subject to official agency
14policy, disclose to the victim's insurer that information. The insurer may use and
15further disclose the information only for the purpose of investigating a claim arising
16out of the juvenile's act.
SB195, s. 38
17Section
38. 938.396 (2) (f) of the statutes is amended to read:
SB195,19,218
938.396
(2) (f) Upon request of the victim-witness coordinator to review court
19records for the purpose of enforcing rights under the constitution, this chapter and
20s. 950.04 and providing services under s.
950.05
950.06 (1m), the court shall open for
21inspection by the victim-witness coordinator the records of the court relating to the
22enforcement of those rights or the provision of those services. The victim-witness
23coordinator may use any information obtained under this paragraph only for the
24purpose of enforcing those rights and providing those services and may make that
25information available only as necessary to ensure that victims and witnesses of
1crimes, as defined in s. 950.02 (1m), receive the rights and services to which they are
2entitled under the constitution, this chapter and ch. 950.
SB195, s. 39
3Section
39. 938.396 (2) (fm) of the statutes is amended to read:
SB195,19,74
938.396
(2) (fm) Upon request of
a victim's an insurer
of the victim, as defined
5in s. 938.02 (20m) (a) 1., the court shall disclose to an authorized representative of
6the requester the amount of restitution, if any, that the court has ordered a juvenile
7to make to the victim.
SB195, s. 40
8Section
40. 938.51 (1) (c) of the statutes is amended to read:
SB195,19,129
938.51
(1) (c) Notify
, if the victim
died as a result of the juvenile's delinquent
10act
and, if the criteria under par. (b) are met
, an adult member of the victim's family
11or, if the victim is younger than 18 years old and if the criteria under par. (b) are met,
12the victim's parent or legal guardian of the juvenile's release.
SB195, s. 41
13Section
41. 938.51 (1m) of the statutes is amended to read:
SB195,19,2114
938.51
(1m) The department or county department having supervision over a
15juvenile shall determine the local agencies that it will notify under sub. (1) (a) based
16on the residence of the juvenile's parents or on the juvenile's intended residence
17specified in the juvenile's aftercare supervision plan or, if those methods do not
18indicate the community in which the juvenile will reside following release from a
19secured correctional facility
, from a secured child caring institution or from the
20supervision of the department or county department, the community in which the
21juvenile states that he or she intends to reside.
SB195, s. 42
22Section
42. 938.51 (2) of the statutes is amended to read:
SB195,20,923
938.51
(2) The department shall design and prepare cards for any person
24specified in sub. (1) (b), (c) or (d) to send to the department or county department
25having supervision over the juvenile. The cards shall have space for any such person
1to provide his or her name, telephone number and mailing address, the name of the
2applicable juvenile and any other information that the department determines is
3necessary. The department shall provide the cards, without charge, to district
4attorneys. District attorneys shall provide the cards, without charge, to persons
5specified in sub. (1) (b) to (d). These persons may send completed cards to the
6department or county department having supervision over the juvenile.
All
7department and county department records or portions of records that relate to
8telephone numbers and mailing addresses of these persons are not subject to
9inspection or copying under s. 19.35 (1).
SB195, s. 43
10Section
43. 938.51 (4) (a) of the statutes is amended to read:
SB195,20,1511
938.51
(4) (a) Any known victim of the act for which the juvenile was found
12delinquent, if the criteria under sub. (1) (b) are met
; an adult member of the victim's
13family, if the victim died as a result of the juvenile's delinquent act and if the criteria
14under sub. (1) (b) are met; or the victim's parent or guardian, if the victim is younger
15than 18 years old and if the criteria under sub. (1) (b) are met.
SB195, s. 44
16Section
44. 950.02 (1m) of the statutes is amended to read:
SB195,20,1917
950.02
(1m) "Crime" means an act committed in this state which, if committed
18by a competent adult, would constitute a crime, as defined in s. 939.12
, or which, if
19committed by a responsible child, would constitute a delinquent act under ch. 938.
SB195, s. 45
20Section
45. 950.02 (1t) of the statutes is created to read:
SB195,20,2521
950.02
(1t) "Custodial agency" means any person authorized to arrest or take
22into actual physical custody an individual who is alleged to have committed a crime.
23"Custodial agency" includes a law enforcement agency, a sheriff, superintendent or
24other keeper of a jail and a person authorized to take custody of a juvenile under s.
25938.19 or 938.20 (4).
SB195, s. 46
1Section
46. 950.02 (2m) of the statutes is created to read:
SB195,21,22
950.02
(2m) "District attorney" means any of the following:
SB195,21,43
(a) The district attorney or other person authorized to prosecute a criminal case
4or a delinquency proceeding under ch. 938.
SB195,21,65
(b) A person designated by a person specified in par. (a) to perform the district
6attorney's duties under this chapter.
SB195, s. 47
7Section
47. 950.02 (3m) of the statutes is created to read:
SB195,21,98
950.02
(3m) "Law enforcement agency" has the meaning given in s. 165.83 (1)
9(b).
SB195, s. 48
10Section
48. 950.02 (4) of the statutes is renumbered 950.02 (4) (a) (intro.) and
11amended to read:
SB195,21,1212
950.02
(4) (a) (intro.) "Victim" means
a any of the following:
SB195,21,13
131. A person against whom a crime has been committed.
SB195, s. 49
14Section
49. 950.02 (4) (a) 2., 3., 4. and 5. of the statutes are created to read:
SB195,21,1615
950.02
(4) (a) 2. If the person specified in subd. 1. is a child, a parent, guardian
16or legal custodian of the child.
SB195,21,2017
3. If a person specified in subd. 1. is physically or emotionally unable to exercise
18the rights granted under s. 950.04 or article I, section 9m, of the Wisconsin
19constitution, a person designated by the person specified in subd. 1. or a family
20member of the person specified in subd. 1.
SB195,21,2121
4. If a person specified in subd. 1. is deceased, any of the following:
SB195,21,2222
a. A family member of the person who is deceased.
SB195,21,2323
b. A person who resided with the person who is deceased.
SB195,21,2524
5. If a person specified in subd. 1. has been determined to be incompetent under
25ch. 880, the guardian of the person appointed under ch. 880.
SB195, s. 50
1Section
50. 950.02 (4) (b) of the statutes is created to read:
SB195,22,32
950.02
(4) (b) "Victim" does not include the person charged with or alleged to
3have committed the crime.
SB195, s. 51
4Section
51. 950.04 (intro.) of the statutes is renumbered 950.04 (2w) (intro.)
5and amended to read:
SB195,22,76
950.04
(2w) (title)
Rights of witnesses. (intro.)
Victims and witnesses 7Witnesses of crimes have the following rights:
SB195, s. 52
8Section
52. 950.04 (1) of the statutes is renumbered 950.04 (2w) (a) and
9amended to read:
SB195,22,1410
950.04
(2w) (a) To
be informed by local law enforcement agencies and request
11information from the district attorney
of about the final disposition of the case.
If the
12crime charged is a felony or is specified in ch. 940, the victim shall be notified
13whenever the defendant or perpetrator is released from custody. The victim shall be
14notified of a pardon application by the governor under s. 304.09 (3).
SB195, s. 53
15Section
53. 950.04 (1v) of the statutes is created to read:
SB195,22,1616
950.04
(1v) Rights of victims. Victims of crimes have the following rights:
SB195,22,1917
(a) To have his or her interest considered when the court is deciding whether
18to grant a continuance in the case, as provided under ss. 938.315 (2) and 971.10 (3)
19(b) 3.
SB195,22,2120
(b) To attend court proceedings in the case, subject to ss. 906.15 and 938.299
21(1).
SB195,22,2522
(bm) To be provided with appropriate employer intercession services to ensure
23that employers of victims will cooperate with the criminal justice process and the
24juvenile justice process in order to minimize an employe's loss of pay and other
25benefits resulting from court appearances.
SB195,23,1
1(c) To be accompanied by a service representative, as provided under s. 895.73.
SB195,23,62
(d) To request an order for, and to be given the results of, testing to determine
3the presence of a sexually transmitted disease or of any strain of human
4immunodeficiency virus, of antigen or nonantigen products of any strain of human
5immunodeficiency virus, or of an antibody of any strain of human immunodeficiency
6virus, as provided under ss. 938.296 or 968.38.
SB195,23,77
(e) To be provided a waiting area under ss. 938.2965 and 967.10.