Amendment ASA2-AJR47

LRBs0108/1

MPG:kjf&ahe

2017 - 2018 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO ASSEMBLY JOINT RESOLUTION 47

September 5, 2017 - Offered by Representatives Novak and Crowley.

AJR47-ASA2,1,4 To renumber and amend section 9m of article I; and to create section 9m (1) of article I, section 9m (4) of article I, section 9m (5) of article I and section 9m (6) of article I of the constitution; relating to: the rights of crime victims (first consideration).

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. Upon request, to attend all proceedings involving the case.

6. To reasonable protection from the accused throughout the criminal and juvenile justice process.

7. Upon request, to reasonable and timely notification of proceedings.

8. Upon request, to confer with the attorney for the government.

9. Upon request, 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. Upon request, 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 from any person ordered to pay restitution to the victim 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 the court of appeals and supreme 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-ASA2,2,1 Resolved by the assembly, the senate concurring, That:

AJR47-ASA2,1 Section 1 . Section 9m of article I of the constitution is renumbered section 9m. (2) (intro.) of article I and amended to read:

AJR47-ASA2,3,2 [Article I] Section 9m (2) (intro.) This state shall treat crime victims, as defined by law, with fairness, dignity and respect for their privacy. This state shall ensure that crime victims have all of the following privileges and protections as provided by law: In order to preserve and protect victims' rights to justice and due process throughout the criminal and juvenile justice process, victims shall be entitled to all of the following rights, which shall vest at the time of victimization and be protected by law in a manner no less vigorous than the protections afforded to the accused:

AJR47-ASA2,3,3 (a) To be treated with dignity, respect, courtesy, sensitivity, and fairness.

AJR47-ASA2,3,4 (b) To privacy.

AJR47-ASA2,3,5 (c) To proceedings free from unreasonable delay.

AJR47-ASA2,3,7 (d) To timely disposition of the case; the opportunity to attend court, free from unreasonable delay.

AJR47-ASA2,3,9 (e) Upon request, to attend all proceedings unless the trial court finds sequestration is necessary to a fair trial for the defendant; involving the case.

AJR47-ASA2,3,11 (f) To reasonable protection from the accused throughout the criminal and juvenile justice process;.

AJR47-ASA2,3,13 (g) Upon request, to reasonable and timely notification of court proceedings; the opportunity to.

AJR47-ASA2,3,15 (h) Upon request, to confer with the prosecution; the opportunity to make a statement to the court at disposition; attorney for the government.

AJR47-ASA2,3,18 (i) Upon request, to be heard in any proceeding during which a right of the victim is implicated, including release, plea, sentencing, disposition, parole, revocation, expungement, or pardon.

AJR47-ASA2,3,21 (j) To have information pertaining to the economic, physical, and psychological effect upon the victim of the offense submitted to the authority with jurisdiction over the case and to have that information considered by that authority.

AJR47-ASA2,3,23 (k) Upon request, to timely notice of any release or escape of the accused or death of the accused if the accused is in custody or on supervision at the time of death.

AJR47-ASA2,3,25 (L) To refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused.

AJR47-ASA2,4,2 (m) To full restitution; from any person who has been ordered to pay restitution to the victim and to be provided with assistance collecting restitution.

AJR47-ASA2,4,5 (n) 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.

AJR47-ASA2,4,6 (o) To compensation; and as provided by law.

AJR47-ASA2,4,8 (p) To timely information about the outcome of the case and the release of the accused.

AJR47-ASA2,4,11 (q) To timely notice about all rights under this section and all other rights, privileges, or protections of the victim provided by law, including how such rights, privileges, or protections are enforced.

AJR47-ASA2,4,16 (3) Except as provided under sub. (2) (o), all provisions of this section are self-executing. The legislature shall provide may prescribe further remedies for the violation of this section. Nothing in this section, or in any statute enacted pursuant to this section, shall limit any right of the accused which may be provided by law. and further procedures for compliance with and enforcement of this section.