LRB-1689/1
PJH:klm&emw
2015 - 2016 LEGISLATURE
January 7, 2016 - Introduced by Representatives Hutton, Ballweg, E. Brooks,
Horlacher, Jarchow, Kleefisch, Knodl, Kremer, T. Larson, Ripp,
Rohrkaste, Subeck and Tittl, cosponsored by Senators Petrowski,
Wanggaard, Harris Dodd, Olsen and L. Taylor. Referred to Committee on
Criminal Justice and Public Safety.
AB643,1,8
1An Act to repeal 949.06 (3) (d) and 949.10;
to renumber and amend 949.06
2(1) (e) and 949.06 (2);
to amend 949.01 (4), 949.01 (5), 949.03 (1) (b), 949.03 (1)
3(c), 949.04 (2) (b), 949.06 (1) (a), 949.06 (1) (b) (intro.), 949.06 (1) (b) 1., 949.06
4(1) (b) 2., 949.06 (1) (bm), 949.06 (1) (d), 949.06 (1m) (a), 949.06 (1m) (b), 949.06
5(3) (b), 949.07, 949.08 (1), 949.08 (2) (e) and 949.08 (2) (em); and
to create
6949.01 (4g), 949.03 (1) (bn), 949.06 (1) (b) 4., 949.06 (1) (bg), 949.06 (1) (br),
7949.06 (1) (cg), 949.06 (1) (e) 2. and 3. and 949.08 (1m) (b) of the statutes;
8relating to: compensating victims of crime.
Analysis by the Legislative Reference Bureau
This bill makes changes to the administration of financial compensation to
victims of crime. Under current law, a person who is the victim of a crime or a close
relative of a victim of a homicide may receive compensation for certain losses he or
she suffers as a result of the crime, including payment for medical treatment,
replacement of property taken as evidence, and certain economic losses, including
loss of income that occurs as a result of the crime and lost economic benefits to
dependents who had been supported financially by the victim of the crime.
Under current law, within one year after the crime occurs, the victim or the
victim's close relative may apply to the Department of Justice (DOJ) for an award if
the person reported the crime to law enforcement within five days after the crime
occurred. Current law allows DOJ to grant an award after the one-year deadline for
application has passed if the department determines it is in the interest of justice.
Under current law, DOJ may award up to $40,000 per injury or death. DOJ may
make periodic payments in the case of a death or protracted disability. Current law
also allows DOJ to provide, in cases of homicide, up to an additional $2,000 for
funeral and burial expenses.
This bill makes several changes to DOJ's victim compensation award program.
Under the bill, if a victim suffers a disability as a result of the crime, covered expenses
may include reasonable housing accessibility adaptations. The bill adds victims of
certain crimes to the list of persons eligible for compensation and increases the
funeral and burial allowance to $5,000. The bill also allows a parent of a child who
was the victim to receive compensation up to $3,000 for economic losses and for
mental health treatment.
Under the bill, DOJ will consider reimbursing crime-related expenses incurred
within four years after the crime occurred, except that if a victim was a minor child
at the time the crime occurred, he or she may receive payments for up to four years
after he or she applies for compensation. The bill allows DOJ to make periodic
payments without requiring death or a protracted disability.
The bill clarifies the method for determining the amount to compensate a
dependent for the loss of the victim's economic support. Under the bill, DOJ
multiplies the victim's annual net earnings by four and subtracts from that amount
four years' worth of federal Social Security payments the dependents are expected
to receive and any life insurance proceeds the dependents receive.
Under the bill, if the victim's losses or the relative's losses are due to certain
crimes involving a motor vehicle and the victim did not carry the minimum insurance
required by law, the bill allows DOJ to reduce the amount it pays by the amount the
victim would have received in insurance proceeds if he or she had carried the
mandatory insurance.
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:
AB643,1
1Section
1. 949.01 (4) of the statutes is amended to read:
AB643,3,22
949.01
(4) "Medical treatment" includes medical, surgical,
psychiatric,
3psychological, dental, optometric, chiropractic, podiatric and hospital care;
4medicines prescription medications; medical, dental and surgical supplies; crutches;
5artificial members; appliances and training in the use of artificial members and
1appliances. "Medical treatment" includes any Christian Science treatment for cure
2or relief from the effects of injury.
AB643,2
3Section
2. 949.01 (4g) of the statutes is created to read:
AB643,3,54
949.01
(4g) "Parent of a victim" means a person who is a parent, guardian, or
5legal custodian of a child under the age of 18 who is a victim under sub. (6).
AB643,3
6Section
3. 949.01 (5) of the statutes is amended to read:
AB643,3,87
949.01
(5) "Personal injury" means actual bodily harm and includes pregnancy
8and mental or
nervous shock psychological trauma.
AB643,4
9Section
4. 949.03 (1) (b) of the statutes is amended to read:
AB643,3,1610
949.03
(1) (b) The commission or the attempt to commit any crime specified in
11s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08,
12940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.235,
13940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305, 940.31, 940.32,
14941.327,
942.09, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), 943.32, 943.81,
15943.86, 943.87, 948.02, 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07,
16948.075, 948.08, 948.085, 948.09, 948.095, 948.20,
948.21 (1), 948.30 or 948.51.
AB643,5
17Section
5. 949.03 (1) (bn) of the statutes is created to read:
AB643,3,1918
949.03
(1) (bn) The commission or the attempt to commit abuse described in
19s. 48.02 (1) (g).
AB643,6
20Section
6. 949.03 (1) (c) of the statutes is amended to read:
AB643,3,2321
949.03
(1) (c) The commission or the attempt to commit the crime specified in
22s. 346.67 (1) if the victim was a pedestrian
, a person riding a bicycle, or a person in
23a buggy.
AB643,7
24Section
7. 949.04 (2) (b) of the statutes is amended to read:
AB643,4,5
1949.04
(2) (b)
The Upon request, the department shall furnish law enforcement
2agencies with the
application forms under par. (a). The law enforcement agency
3investigating a crime shall provide
forms information about the availability of crime
4victim compensation under this subchapter to each person who may be eligible to file
5a claim under this subchapter.
AB643,8
6Section
8. 949.06 (1) (a) of the statutes is amended to read:
AB643,4,77
949.06
(1) (a) Medical treatment
, subject to the limits set forth under par. (bg).
AB643,9
8Section
9. 949.06 (1) (b) (intro.) of the statutes is amended to read:
AB643,4,119
949.06
(1) (b) (intro.) Work loss
, which shall be of a victim, a parent of a victim,
10or in the case of a homicide, a family member of a victim, shall be subject to the limits
11set forth under par. (bg) and shall be determined as follows:
AB643,10
12Section
10. 949.06 (1) (b) 1. of the statutes is amended to read:
AB643,4,1513
949.06
(1) (b) 1. If the victim
or parent of a victim was employed at the time of
14the injury, loss of actual earnings shall be based upon
the victim's his or her net
salary 15income at the time of the injury.
AB643,11
16Section
11. 949.06 (1) (b) 2. of the statutes is amended to read:
AB643,4,2017
949.06
(1) (b) 2. If the victim was not employed at the time of the injury or, if
18as a direct result of the injury, the victim suffered a disability causing a loss of
19potential
earnings income, the award may be based upon a sufficient showing by the
20victim that he or she actually incurred loss of
earnings. The amount of income.
AB643,5,2
213. If a victim is released by a physician to return to work with restrictions but
22is unable to return to the job he or she was performing at the time the crime was
23committed, the award shall be reduced by any income from substitute work actually
24performed by the victim or by income the victim would have earned in available
1appropriate substitute work the victim was capable of performing, but unreasonably
2failed to undertake.
AB643,12
3Section
12. 949.06 (1) (b) 4. of the statutes is created to read:
AB643,5,64
949.06
(1) (b) 4. The department may award each victim, parent of a victim,
5or in the case of a homicide, family member of a victim not more than 2 weeks of lost
6wages without requiring proof of disability from a physician.
AB643,13
7Section
13. 949.06 (1) (bg) of the statutes is created to read:
AB643,5,108
949.06
(1) (bg) The department may award each parent of a victim not more
9than $3,000 total for reimbursement of expenses under par. (a) related to mental
10health treatment and for work loss under par. (b).
AB643,14
11Section
14. 949.06 (1) (bm) of the statutes is amended to read:
AB643,5,1612
949.06
(1) (bm) If
the victim is a homemaker at the time of the injury, the victim
13was a caregiver in his or her home, an amount sufficient to ensure that the duties
14and responsibilities are continued until the victim is able to resume the performance
15of the duties, or until the cost of services reaches the maximum allowable under
sub.
16(2) s. 949.08 (1m) (a), whichever is less.
AB643,15
17Section
15. 949.06 (1) (br) of the statutes is created to read:
AB643,5,2018
949.06
(1) (br) If as a direct result of the personal injury, the victim suffered
19a protracted disability, reasonable and necessary housing accessibility adaptations,
20but not to exceed $5,000.
AB643,16
21Section
16. 949.06 (1) (cg) of the statutes is created to read:
AB643,5,2322
949.06
(1) (cg) Reasonable replacement value of any computer or mobile
23telephone that is held for evidentiary purposes, but not to exceed $200.
AB643,17
24Section
17. 949.06 (1) (d) of the statutes is amended to read:
AB643,6,3
1949.06
(1) (d) Reasonable funeral and burial expenses, not to exceed
$2,000 2$5,000.
The funeral and burial award may not be considered by the department
3under sub. (2).
AB643,18
4Section
18. 949.06 (1) (e) of the statutes is renumbered 949.06 (1) (e) (intro.)
5and amended to read:
AB643,6,106
949.06
(1) (e) (intro.)
Dependent's economic loss, which shall include
7contributions of things of economic value provided by the victim to dependents but
8lost as a result of the victim's death. Loss of support
, which shall be determined on
9the basis of the victim's net
salary annual income at the time of death, and shall be
10calculated as
an amount equal to 4 times follows:
AB643,6,13
111. The department shall determine the victim's
average net annual
earnings
12income, and shall multiply that amount by 4. Subject to subds. 2. and 3., the loss of
13support award is this amount.
AB643,19
14Section
19. 949.06 (1) (e) 2. and 3. of the statutes are created to read:
AB643,6,1815
949.06
(1) (e) 2. The department shall deduct from the amount calculated
16under subd. 1. an amount equal to benefits the dependents received or are to receive,
17over the course of 4 years, as a survivor benefit from the federal social security
18program.