2013 - 2014 LEGISLATURE
January 9, 2014 - Introduced by Representatives Strachota, Pridemore and
Czaja, cosponsored by Senator Grothman. Referred to Committee on
1An Act to amend
972.15 (4); and to create
950.04 (1v) (pd) and 972.15 (4r) of 2
the statutes; relating to: allowing a victim of a crime to view portions of a
3presentence investigation report.
Analysis by the Legislative Reference Bureau
Under current law, if a person is convicted of a crime, the court may order a
presentence investigation report be prepared. Generally, the presentence
investigation report is confidential. However, under current law, the district
attorney and the defendant's attorney are entitled to have and keep a copy of the
presentence investigation report. If the defendant is not represented by counsel, the
defendant is entitled to view the presentence investigation report but may not keep
a copy of the report. A district attorney or defendant's attorney who receives a copy
of the report shall keep it confidential. A defendant who views the contents of a
presentence investigation report shall keep the information in the report
Also under current law, a victim of a crime has certain rights, including the
right to have the person preparing a presentence investigation report make a
reasonable attempt to contact the victim in order to determine the economic,
physical, and psychological effect of the crime on the victim. The victim does not have
the right to view the presentence investigation report.
Under this bill, a victim of a crime has a right to view the sentencing
recommendations contained in the presentence investigation report and the portions
of the report that contain information pertaining to the victim himself or herself.
Under the bill, a victim who views any contents of a presentence investigation report
may not keep a copy of any portion of the report and must keep the information he
or she views confidential.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
950.04 (1v) (pd) of the statutes is created to read:
(pd) Subject to the limits set forth in s. 972.15 (4r), to view portions 3
of a presentence investigation report prepared under s. 972.15 that relate to the 4
crime upon the victim.
972.15 (4) of the statutes is amended to read:
Except as provided in sub. (4m), (4r),
(5), or (6), after sentencing the 7
presentence investigation report shall be confidential and shall not be made 8
available to any person except upon specific authorization of the court.
972.15 (4r) of the statutes is created to read:
The victim of the crime is entitled to view all sentencing 11
recommendations included in the presentence investigation report, including any 12
recommendations under sub. (2b) or (2c), and any portion of the presentence 13
investigation report that contains information pertaining to the victim that was 14
obtained pursuant to sub. (2m). A victim who views any contents of a presentence 15
investigation report may not keep a copy of any portion of the report and shall keep 16
the information he or she views confidential.