SB1,1470,1211
938.57
(3) (a) 3. Received funding under s.
46.495 48.569 (1) (d) immediately
12prior to his or her 17th birthday.
SB1, s. 3833
13Section
3833. 938.57 (3) (b) of the statutes is amended to read:
SB1,1470,1614
938.57
(3) (b) The funding provided for the maintenance of a juvenile under par.
15(a) shall be in an amount equal to that to which the juvenile would receive under s.
1646.495 48.569 (1) (d) if the juvenile were 16 years of age.
SB1, s. 3834
17Section
3834. 938.78 (2) (h) of the statutes is amended to read:
SB1,1470,2318
938.78
(2) (h) Paragraph (a) does not prohibit the department of
health and
19family services children and families, a county department, or a licensed child
20welfare agency from entering the content of any record kept or information received
21by that department, county department, or licensed child welfare agency into the
22statewide automated child welfare information system established under s.
46.03 2348.47 (7g).
SB1, s. 3835
24Section
3835. 948.22 (4) (b) of the statutes is amended to read:
SB1,1471,7
1948.22
(4) (b) For a person not subject to a court order requiring child,
2grandchild or spousal support payments, when the person knows or reasonably
3should have known that he or she has a dependent, failure to provide support equal
4to at least the amount established by rule by the department of
workforce
5development children and families under s. 49.22 (9) or causing a spouse, grandchild
6or child to become a dependent person, or continue to be a dependent person, as
7defined in s. 49.01 (2).
SB1, s. 3836
8Section
3836. 948.31 (1) (a) 2. of the statutes is amended to read:
SB1,1471,139
948.31
(1) (a) 2. The department of
health and family services children and
10families or the department of corrections or any person, county department under
11s. 46.215, 46.22
, or 46.23
, or licensed child welfare agency, if custody or supervision
12of the child has been transferred under ch. 48 or 938 to that department, person
, or
13agency.
SB1, s. 3837
14Section
3837. Subchapter I (title) of chapter 949 [precedes 949.001] of the
15statutes is created to read:
SB1,1471,1616
chapter 949
SB1,1471,1817
SUBCHAPTER I
18
Crime victim compensation
SB1, s. 3838
19Section
3838. 949.01 (intro.) of the statutes is amended to read:
SB1,1471,20
20949.01 Definitions. (intro.) In this
chapter subchapter:
SB1, s. 3839
21Section
3839. 949.02 of the statutes is amended to read:
SB1,1472,2
22949.02 Administration. The department shall administer this
chapter 23subchapter. The department shall appoint a program director to assist in
24administering this
chapter subchapter. The department shall promulgate rules for
25the implementation and operation of this
chapter
subchapter. The rules shall
1include procedures to ensure that any limitation of an award is calculated in a fair
2and equitable manner.
SB1, s. 3840
3Section
3840. 949.035 (1) of the statutes is amended to read:
SB1,1472,94
949.035
(1) If a Wisconsin resident suffers injury or death in a situation
5described in s. 949.03 except that the act occurred outside this state, the resident has
6the same rights under this
chapter subchapter as if the act had occurred in this state
7upon a showing that the state, territory, country or political subdivision of a country
8in which the act occurred does not have a compensation of victims of crimes law which
9covers the injury or death suffered by the person.
SB1, s. 3841
10Section
3841. 949.04 (1) (intro.) of the statutes is amended to read:
SB1,1472,1211
949.04
(1) Eligibility. (intro.) Any person may apply for an award under this
12chapter subchapter.
SB1, s. 3842
13Section
3842. 949.04 (2) of the statutes is amended to read:
SB1,1472,1714
949.04
(2) Forms. The department shall prescribe application forms for awards
15under this
chapter subchapter and shall furnish law enforcement agencies with the
16forms. The law enforcement agency investigating a crime shall provide forms to each
17person who may be eligible to file a claim under this subchapter.
SB1, s. 3843
18Section
3843. 949.06 (1) (intro.) of the statutes is amended to read:
SB1,1472,2119
949.06
(1) (intro.) In accordance with this
chapter subchapter, the department
20shall make awards, as appropriate, for any of the following economic losses incurred
21as a direct result of an injury:
SB1, s. 3844
22Section
3844. 949.06 (1m) (b) of the statutes is amended to read:
SB1,1473,423
949.06
(1m) (b) In accordance with this
chapter subchapter, the department
24shall make awards, as appropriate, to persons who, immediately prior to the crime,
25lived in the same household with and to family members of a victim of s. 940.01,
1940.02, 940.05, 940.06, 940.07, 940.08 or 940.09 for any of the economic losses
2specified in sub. (1) as a result of the person's or family member's reaction to the
3death. A dependent may recover both under sub. (1) and this subsection, subject to
4the limitation under sub. (2).
SB1, s. 3845
5Section
3845. 949.06 (3) (f) of the statutes is created to read:
SB1,1473,66
949.06
(3) (f) From an award under s. 949.26.
SB1, s. 3846
7Section
3846. 949.06 (4) (b) of the statutes is amended to read:
SB1,1473,108
949.06
(4) (b) The department may suspend proceedings under this
chapter 9subchapter for a period it deems appropriate on the grounds that a prosecution for
10an offense arising out of the act or omission has been commenced or is imminent.
SB1, s. 3847
11Section
3847. 949.09 of the statutes is amended to read:
SB1,1473,16
12949.09 Effect of conviction. If any person has been convicted of any offense
13with respect to an act or omission on which a claim under this
chapter subchapter 14is based, proof of that conviction shall be taken as conclusive evidence that the
15offense has been committed, unless an appeal or any proceeding with regard thereto
16is pending.
SB1, s. 3848
17Section
3848. 949.11 (1) of the statutes is amended to read:
SB1,1473,2018
949.11
(1) The procedure of ch. 227 for contested cases applies to hearings
19under this
chapter subchapter except as otherwise provided in this section and ss.
20949.12 and 949.14.
SB1, s. 3849
21Section
3849. 949.11 (2) of the statutes is amended to read:
SB1,1473,2422
949.11
(2) The division of hearings and appeals in the department of
23administration shall appoint hearing examiners to make findings and orders under
24s. 227.46 and this
chapter subchapter.
SB1, s. 3850
25Section
3850. 949.115 of the statutes is amended to read:
SB1,1474,4
1949.115 Subpoenas. The department or any of its authorized agents may
2issue subpoenas for persons or records for any investigation or hearing conducted
3under this
chapter subchapter and may enforce compliance with such subpoenas as
4provided in s. 885.12.
SB1, s. 3851
5Section
3851. 949.12 of the statutes is amended to read:
SB1,1474,10
6949.12 Condition of claimant. There is no privilege, except privileges
7arising from the attorney-client relationship, as to communications or records
8relevant to an issue of the physical, mental or emotional condition of the claimant
9or victim in a proceeding under this
chapter subchapter in which that condition is
10an element.
SB1, s. 3852
11Section
3852. 949.13 of the statutes is amended to read:
SB1,1474,16
12949.13 Agency cooperation. Upon request by the department, any state or
13local agency, including a district attorney or law enforcement agency, shall make
14available all reports, files and other appropriate information which the department
15requests in order to make a determination that a person is eligible for an award
16under this
chapter subchapter.
SB1, s. 3853
17Section
3853. 949.15 (1) of the statutes is amended to read:
SB1,1475,218
949.15
(1) Whenever the department orders the payment of an award under
19this
chapter subchapter as a result of the occurrence of an event that creates a cause
20of action on the part of a claimant against any person, the department is subrogated
21to the rights of the claimant and may bring an action against the person for the
22amount of the damages sustained by the claimant. If an amount greater than that
23paid under the award order is recovered and collected in any such action, the
24department shall pay the balance to the claimant. If the person responsible for the
25injury or death has previously made restitution payments to the general fund under
1s. 973.20, any judgment obtained by the department under this section shall be
2reduced by the amount of the restitution payments to the general fund.
SB1, s. 3854
3Section
3854. 949.16 of the statutes is amended to read:
SB1,1475,7
4949.16 Confidentiality of records. The record of a proceeding before an
5examiner or the department under this
chapter subchapter is a public record. Any
6record or report obtained by an examiner or the department, the confidentiality of
7which is protected by any other law or rule, shall remain confidential.
SB1, s. 3855
8Section
3855. 949.165 (12) of the statutes is amended to read:
SB1,1475,119
949.165
(12) Payment is not an award. Any payment from an escrow account
10under this section shall not be considered as an award by the department under this
11chapter subchapter.
SB1, s. 3856
12Section
3856. 949.18 (intro.) of the statutes is amended to read:
SB1,1475,15
13949.18 Report by the department. (intro.) The department's biennial
14report under s. 15.04 (1) (d) shall include a report of its activities under this
chapter 15subchapter including:
SB1, s. 3857
16Section
3857. 949.18 (1) of the statutes is amended to read:
SB1,1475,1817
949.18
(1) An explanation of the procedures for filing and processing claims
18under this
chapter subchapter.
SB1, s. 3858
19Section
3858. 949.18 (4) of the statutes is amended to read:
SB1,1475,2020
949.18
(4) A copy of the forms utilized under this
chapter subchapter.
SB1, s. 3859
21Section
3859. 949.18 (5) (intro.) of the statutes is amended to read:
SB1,1475,2322
949.18
(5) (intro.) A complete statistical analysis of the cases handled under
23this
chapter subchapter, including:
SB1, s. 3860
24Section
3860. 949.18 (5) (e) of the statutes is amended to read:
SB1,1475,2525
949.18
(5) (e) A summary of cases handled under this
chapter subchapter.
SB1, s. 3861
1Section
3861. Subchapter II of chapter 949 [precedes 949.20] of the statutes
2is created to read:
SB1,1476,64
Subchapter II
5
sexual assault forensic
6
examination compensation
SB1,1476,7
7949.20 Definitions. In this subchapter:
SB1,1476,10
8(1) "Cooperate with a law enforcement agency" means to report a sex offense
9to a law enforcement agency or to aid a law enforcement agency in the investigation
10of a sex offense.
SB1,1476,11
11(2) "Department" means the department of justice.
SB1,1476,19
12(3) "Examination costs" means the costs of an examination that is done to
13gather evidence regarding a sex offense, any procedure during that examination
14process that tests for or prevents a sexually transmitted disease, and any medication
15provided or prescribed, during that examination process, that prevents or treats a
16sexually transmitted disease that the person performing the examination or
17procedure believes could be a consequence of the sex offense. "Examination costs"
18does not include any processing or administrative costs, attorney fees, or other
19expenses.
SB1,1476,20
20(4) "Guardian of the victim" means one of the following:
SB1,1476,2221
1. If the victim is under 18 years of age, the parent, guardian, or legal custodian
22of the victim.
SB1,1476,2423
2. If the victim has been determined to be incompetent under ch. 54, the
24guardian of the victim.
SB1,1476,25
25(5) "Health care provider" means any person providing health care services.
SB1,1477,1
1(6) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB1,1477,4
2(7) "Sex offense" means an act committed in the state that, if committed by a
3competent adult, would be a violation, or an attempted violation, of s. 940.225,
4948.02, 948.025, 948.05, 948.06, 948.08, or 948.09.
SB1,1477,5
5(8) "Sexually transmitted disease" has the meaning given in s. 252.11 (1).
SB1,1477,6
6(9) "Victim" means a person against whom a sex offense has been committed.
SB1,1477,11
7949.22 Administration. The department shall administer this subchapter.
8The department shall appoint a program director to assist in administering this
9subchapter. The department shall promulgate rules for the implementation and
10operation of this subchapter. The rules shall include procedures to ensure that any
11limitation of an award is calculated in a fair and equitable manner.
SB1,1477,14
12949.24 Application for award. (1) Eligibility. Any health care provider who
13conducts an examination to gather evidence regarding a sex offense may apply for
14an award under this subchapter.
SB1,1477,16
15(2) Forms. The department shall prescribe application forms for awards under
16this subchapter and shall furnish health care providers with the forms.
SB1,1477,24
17(3) Medical records. An applicant shall submit to the department reports
18from any physician, physician's assistant, or nurse who treated or examined the
19victim to gather evidence regarding a sex offense, performed any procedure during
20that treatment or examination that tests for or prevents a sexually transmitted
21disease, or provided or prescribed any medication to prevent or treat a sexually
22transmitted disease. The applicant may not submit to the department any other
23records than those pertaining to the examination, treatment, procedure, or
24medication for which the applicant is seeking an award.
SB1,1478,4
1949.26 Computation of awards.
(1) Except as provided in sub. (1m), the
2department shall make an award under this section to a health care provider who
3conducts an examination to gather evidence regarding a sex offense to reimburse the
4health care provider only for the examination costs, as follows:
SB1,1478,85
(a) If, under sub. (2) (b), the health care provider is not authorized to seek
6payment from insurance or another available source of payment, the award shall be
7the examination costs, regardless of whether the victim, or any guardian of the
8victim, cooperates with a law enforcement agency regarding the sex offense.
SB1,1478,139
(b) If, under sub. (2) (b), the health care provider is authorized to seek payment
10from insurance or another available source of payment and the victim, or any
11guardian of the victim, does not cooperate with a law enforcement agency regarding
12the sex offense, the award shall be the examination costs, reduced by any payment
13to be received as a result of the authorization under sub. (2) (b).
SB1,1478,16
14(1m) The department may not make an award under this section if, under sub.
15(2) (b), the health care provider is authorized to seek payment and the victim, or any
16guardian of the victim, cooperates with a law enforcement agency.
SB1,1478,18
17(2) (a) A health care provider seeking an award under this section may not seek
18payment for any examination costs from the victim or any guardian of the victim.
SB1,1478,2219
(b) A health care provider seeking an award under this section may not seek
20payment for any examination costs from insurance or another available source of
21payment unless the victim or any guardian of the victim authorizes the health care
22provider to seek payment.
SB1,1479,2
23(3) The department may not refuse to make an award under this section
24because the victim or the guardian of the victim does not cooperate with a law
1enforcement agency regarding the sex offense, or due to lack of an investigation or
2prosecution of the sex offense.
SB1,1479,6
3949.28 Limitations on awards. (1) No order for the payment of an award
4under this subchapter may be made unless the application was made within one year
5after the date of the examination. The department may waive the one-year
6requirement under this subsection in the interest of justice.
SB1,1479,8
7(2) The department may not make an award under this subchapter that
8exceeds the examination costs of the victim.
SB1,1479,11
9(3) The department may not make an award under this subchapter for any part
10of the examination costs of the victim for which the health care provider seeking the
11award has received compensation from any other source.
SB1,1479,14
12949.31 Hearings. (1) The procedure of ch. 227 for contested cases applies to
13hearings under this subchapter except as otherwise provided in this section and s.
14949.32.
SB1,1479,17
15(2) The division of hearings and appeals in the department of administration
16shall appoint hearing examiners to make findings and orders under s. 227.46 and
17this subchapter.