2019 - 2020 LEGISLATURE
February 15, 2019 - Introduced by Senators Jacque, Darling, Olsen and
Wanggaard, cosponsored by Representatives Horlacher, Brandtjen,
Dittrich, Hutton, Kulp, Ramthun, Skowronski, Steffen, Tittl, Tusler,
Zimmerman and Brooks. Referred to Committee on Insurance, Financial
Services, Government Oversight and Courts.
SB32,1,2 1An Act to amend 950.04 (1v) (m); and to create 971.097 of the statutes;
2relating to: crime victim impact statements.
Analysis by the Legislative Reference Bureau
Under current law, a crime victim may offer a statement regarding the impact
of the crime on his or her life, which may be considered at sentencing, disposition,
or parole hearings.
This bill names such a statement a “victim impact statement.” Under the bill,
a victim impact statement is confidential, and unless the statement contains
exculpatory information, the statement is not considered a witness statement that
must be disclosed by the prosecuting attorney to the court and to the defendant at
trial. The bill allows a victim to amend or retract a victim impact statement he or
she has provided up until the time at which it is disclosed. Under the bill, a victim
impact statement may not be disclosed until after a plea has been entered or a
conviction has been obtained in a criminal case, at which time the statement must
be disclosed to the court, the prosecuting attorney, and the defendant or the
defendant's attorney, and the judge must enter a protective order barring
redisclosure of the statement. The bill requires that a disclosed statement be kept
confidential and returned to the court at the conclusion of representation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1Section 1. 950.04 (1v) (m) of the statutes is amended to read:
SB32,2,42 950.04 (1v) (m) To provide statements a victim impact statement, as defined
3in s. 971.097 (1) (b),
concerning sentencing, disposition, or parole, as provided under
4ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 (3) (a).
SB32,2 5Section 2. 971.097 of the statutes is created to read:
SB32,2,6 6971.097 Victim impact statements. (1) Definitions. In this section:
SB32,2,77 (a) “Victim” has the meaning given in s. 950.02 (4).
SB32,2,108 (b) “Victim impact statement” means a statement provided by a victim
9concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e),
10938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 (3) (a).
SB32,2,17 11(2) Victim impact statement confidentiality, disclosure. (a) A victim impact
12statement provided to a prosecuting attorney or the court is confidential, is not
13subject to public inspection or copying under s. 19.35, and may not be disclosed or
14disseminated except as provided in par. (c). Unless a victim impact statement
15contains exculpatory information, it is not a witness statement for purposes of s.
16971.23 (1) (e) and may not be furnished to the court or to the defendant or the
17defendant's attorney under s. 971.23 (1) (e).
SB32,2,2218 (b) A victim may provide a victim impact statement to a prosecuting attorney
19or the court at any time, and the statement shall be kept confidential until it is
20disclosed under par. (c). At any time before disclosure of a victim impact statement
21under par. (c), the victim may change or retract his or her victim impact statement,
22and the original statement may not be disclosed.
SB32,3,1123 (c) In a criminal case, a victim impact statement shall be disclosed to the court,
24the prosecuting attorney, and the defendant or the defendant's attorney after a guilty
25plea has been entered or, if the defendant pleads not guilty, after a conviction has

1been obtained in the case. If a victim impact statement is disclosed, the court shall
2enter a protective order under s. 971.23 (6) that provides that any statement
3provided to the court, the prosecuting attorney, and the defendant or the defendant's
4attorney shall be kept confidential and may not be redisclosed or disseminated
5unless specifically authorized by the court. Any statement provided in paper form
6shall be turned over to the court at the conclusion of representation. Any provided
7or stored electronic statement shall be deleted at the conclusion of representation by
8the prosecuting attorney and the defendant or the defendant's attorney, each of
9whom shall provide the court with an affidavit affirming that the statement has been
10deleted. The court shall retain any victim impact statement under seal as specified
11in SCR 72.01.
SB32,3,1212 (End)