LRBs0087/1
MPG:kjf
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY JOINT RESOLUTION 47
June 13, 2017 - Offered by Representative Novak.
AJR47-ASA1,1,4 1To renumber and amend section 9m of article I; and to create section 9m (1) of
2article I, section 9m (4) of article I, section 9m (5) of article I and section 9m (6)
3of article I of the constitution; relating to: the rights of crime victims (first
4consideration).
Analysis by the Legislative Reference Bureau
This constitutional amendment, proposed to the 2017 legislature on first
consideration, provides the following rights to victims of crime in this state:
1. To be treated with dignity, respect, courtesy, sensitivity, and fairness.
2. To privacy.
3. To proceedings free from unreasonable delay.
4. To timely disposition of the case, free from unreasonable delay.
5. To be present at all proceedings involving the case.
6. To reasonable protection from the accused throughout the criminal justice
process.
7. To reasonable and timely notification of proceedings.
8. To confer with the attorney for the government.
9. To be heard in any proceeding during which a right of the victim is
implicated.

10. To have information submitted to and considered by the authority with
jurisdiction over the case pertaining to the economic, physical, and psychological
effect of the crime or juvenile offense upon the victim.
11. To timely notice of any release, escape, or death of the accused.
12. To refuse an interview, deposition, or other discovery request made by the
accused or any person acting on behalf of the accused.
13. To full restitution and to be provided with assistance collecting restitution.
14. To have any moneys or property collected from a person who has been
ordered to make restitution to the victim be applied first to restitution of the victim
before being applied to any amounts owed by that person to the government.
15. To compensation, as provided by law.
16. To timely information about the outcome of the case.
17. To timely notice about all rights granted under this constitutional
amendment and all other rights, privileges, or protections of the victim provided by
law, including how such rights, privileges, or protections are enforced.
Currently, the constitution requires the state to ensure that crime victims be
afforded certain privileges and protections, as provided by law, some of which are
similar to some of the rights enumerated above.
The constitutional amendment also authorizes the victim to enforce his or her
rights in court, and the attorney for the government in the case involving the victim
may seek enforcement of the victim's rights upon request of the victim. The court or
other authority with jurisdiction over the case must act promptly with respect to such
an action and must afford a remedy for the violation of the victim's rights.
A constitutional amendment requires adoption by two successive legislatures,
and ratification by the people, before it can become effective.
AJR47-ASA1,2,1 1Resolved by the assembly, the senate concurring, That:
AJR47-ASA1,1 2Section 1. Section 9m of article I of the constitution is renumbered section 9m.
3(2) (intro.) of article I and amended to read:
AJR47-ASA1,2,104 [Article I] Section 9m (2) (intro.) This state shall treat crime victims, as defined
5by law, with fairness, dignity and respect for their privacy. This state shall ensure
6that crime victims have all of the following privileges and protections as provided by
7law:
In order to preserve and protect victims' rights to justice and due process
8throughout the criminal justice process, victims shall be entitled to all of the
9following rights, which shall vest at the time of victimization and be protected by law
10in a manner no less vigorous than the protections afforded to the accused:
AJR47-ASA1,3,1
1(a) To be treated with dignity, respect, courtesy, sensitivity, and fairness.
AJR47-ASA1,3,2 2(b) To privacy.
AJR47-ASA1,3,3 3(c) To proceedings free from unreasonable delay.
AJR47-ASA1,3,5 4(d) To timely disposition of the case; the opportunity to attend court, free from
5unreasonable delay.
AJR47-ASA1,3,7 6(e) To be present at all times at all proceedings unless the trial court finds
7sequestration is necessary to a fair trial for the defendant;
involving the case.
AJR47-ASA1,3,9 8(f) To reasonable protection from the accused throughout the criminal justice
9process;.
AJR47-ASA1,3,11 10(g) Upon request, to reasonable and timely notification of court proceedings;
11the opportunity to
.
AJR47-ASA1,3,13 12(h) Upon request, to confer with the prosecution; the opportunity to make a
13statement to the court at disposition;
attorney for the government.
AJR47-ASA1,3,16 14(i) Upon request, to be heard in any proceeding during which a right of the
15victim is implicated, including release, plea, sentencing, disposition, parole,
16revocation, expungement, or pardon.
AJR47-ASA1,3,20 17(j) To have information submitted to the authority with jurisdiction over the
18case pertaining to the economic, physical, and psychological effect of the crime or
19juvenile offense upon the victim and to have that information considered by that
20authority.
AJR47-ASA1,3,22 21(k) Upon request, to timely notice of any release or escape of the accused or
22death of the accused if the accused is in custody or on supervision at the time of death.
AJR47-ASA1,3,24 23(L) To refuse an interview, deposition, or other discovery request made by the
24accused or any person acting on behalf of the accused.
AJR47-ASA1,3,25 25(m) To full restitution; and to be provided with assistance collecting restitution.
AJR47-ASA1,4,3
1(n) To have any moneys or property collected from a person who has been
2ordered to make restitution to the victim be applied first to restitution of the victim
3before being applied to any amounts owed by that person to the government.
AJR47-ASA1,4,4 4(o) To compensation; and as provided by law.
AJR47-ASA1,4,6 5(p) To timely information about the outcome of the case and the release of the
6accused
.
AJR47-ASA1,4,9 7(q) To timely notice about all rights under this section and all other rights,
8privileges, or protections of the victim provided by law, including how such rights,
9privileges, or protections are enforced.
AJR47-ASA1,4,14 10(3) Except as provided under sub. (2) (o), all provisions of this section are
11self-executing.
The legislature shall may provide remedies for the violation further
12procedures for compliance with and enforcement
of this section. Nothing in this
13section, or in any statute enacted pursuant to this section, shall limit any right of the
14accused which may be provided by law.
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