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.
SB1,1479,21
18(3) All hearings shall be open to the public unless in a particular case the
19examiner determines that the hearing, or a portion of the hearing, shall be held in
20private having regard to the fact that the offender has not been convicted or to the
21interest of the victim.
SB1,1479,25
22949.315 Subpoenas. The department or any of its authorized agents may
23issue subpoenas for persons or records for any investigation or hearing conducted
24under this subchapter and may enforce compliance with such subpoenas as provided
25in s. 885.12.
SB1,1480,4
1949.32 Condition of victim. There is no privilege, except privileges arising
2from the attorney-client relationship, as to communications or records relevant to
3an issue of the physical condition of the victim in a proceeding under this subchapter
4in which that condition is an element.
SB1,1480,9
5949.33 Agency cooperation. Upon request by the department, any state or
6local agency, including a district attorney or law enforcement agency, shall make
7available all reports, files, and other appropriate information which the department
8requests in order to make a determination that a health care provider is eligible for
9an award under this subchapter.
SB1,1480,14
10949.36 Confidentiality. If a health care provider seeks an award under this
11subchapter, any personally identifiable information, as defined in s. 19.62 (5), of the
12victim who received the examination shall remain confidential unless written
13consent for the release of any personally identifiable information is provided by one
14of the following:
SB1,1480,15
15(1) Except as provided under sub. (2), the victim.
SB1,1480,16
16(2) If there is a guardian of the victim, the guardian of the victim.
SB1,1480,18
17949.37 Offenses. (1)
Prohibition. In connection with an award under this
18subchapter, no person may do any of the following:
SB1,1480,1919
(a) Submit a fraudulent application or claim for an award.
SB1,1480,2120
(b) Intentionally make or cause to be made any false statement or
21representation of a material fact.
SB1,1480,2422
(c) Intentionally conceal or fail to disclose information affecting the amount of
23or the initial or continued right to any such award when reasonably requested to
24provide such information by the department.
SB1,1481,3
1(2) Penalties. Any person who violates this section shall be fined not more than
2$500 or imprisoned not more than 6 months or both. The person shall forfeit any
3benefit received and shall reimburse the state for payments received.
SB1,1481,8
4(3) Damages. The state has a civil cause of action for relief against any person
5who violates this section for the amount of damages that the state sustained by
6reason of the violation and, in addition, for punitive damages not more than double
7the amount of damages that the state may have sustained, together with interest,
8and the cost of the suit.
SB1,1481,10
9(4) Action. The attorney general may bring any action and has such powers
10as may be necessary to enforce this section.
SB1,1481,13
11949.38 Report by the department. The department's biennial report under
12s. 15.04 (1) (d) shall include a report of its activities under this subchapter including
13all of the following:
SB1,1481,15
14(1) An explanation of the procedures for filing and processing claims under this
15subchapter.
SB1,1481,17
16(2) A description of the programs and policies instituted to promote awareness
17about the awards under this subchapter.
SB1,1481,18
18(3) An analysis of future needs and suggested program improvements.
SB1,1481,19
19(4) A copy of the forms used under this subchapter.
SB1,1481,21
20(5) A complete statistical analysis of the cases handled under this subchapter,
21including all of the following:
SB1,1481,2222
(a) The number of claims filed.
SB1,1481,2323
(b) The number of claims approved and the amount of each award.
SB1,1481,2424
(c) The number of claims denied and the reasons for rejection.
SB1,1481,2525
(d) A breakdown of claims by geographic area and month.
SB1, s. 3862
1Section 3862. 950.04 (1v) (f) of the statutes is amended to read:
SB1,1482,42
950.04
(1v) (f) To have the
parole
earned release review commission make a
3reasonable attempt to notify the victim of applications for parole
, release to extended
4supervision, or termination of extended supervision, as provided under s. 304.06 (1).
SB1, s. 3863
5Section
3863. 950.04 (1v) (rm) of the statutes is amended to read:
SB1,1482,66
950.04
(1v) (rm) To compensation, as provided under
subch. I of ch. 949.
SB1, s. 3864
7Section
3864. 950.08 (2g) (b) of the statutes is amended to read:
SB1,1482,108
950.08
(2g) (b) The availability of compensation under
subch. I of ch. 949 and
9the address and telephone number at which to contact the department for
10information concerning compensation under
subch. I of ch. 949.