Wisconsin Legislature:

To publication time, none of the joint resolutions passed by the 2019 Wisconsin Legislature had approved a constitutional amendment on second consideration.

Second Consideration

Subject of Amendment

Enrolled

Article I, Section 9m

The rights of crime victims.

[2019 SJR-2]

JR-3

Constitutional Amendments—April 7, 2020, Election

One question submitting an amendment to the Wisconsin Constitution for ratification was on the April 7, 2020, statewide election ballot. The number of votes cast for or against the question, shown below, is from the Wisconsin Elections Commission’s canvass reporting system, certified on May 4, 2020. The amendment was ratified by a majority of the members voting on the question.

Question 1: “Additional rights of crime victims. Shall section 9m of article I of the constitution, which gives certain rights to crime victims, be amended to give crime victims additional rights, to require that the rights of crime victims be protected with equal force to the protections afforded the accused while leaving the federal constitutional rights of the accused intact, and to allow crime victims to enforce their rights in court?” [2019 SJR-2] [JR-3]

( Yes: 1,107,067 — No: 371,013 )

Ratified Amendments

This part of the Numerical Listing of Sections Affected by Wisconsin Acts shows the full current text of each section of the Wisconsin Constitution that was created or changed through an amendment validly ratified by the voters of Wisconsin since the publication of the 2019-20 Wisconsin Statutes. Amendments to the Wisconsin Constitution become “effective at the time the chairperson of the board or the chairperson’s designee certifies that the amendment or referendum question is approved.” [Sec. 7.70 (3) (h), Wis. Stats.]

Article I

Declaration of Rights

Victims of crime. SECTION 9m. [As created April 1993 and amended April 2020]

(1) (a) In this section, notwithstanding any statutory right, privilege, or protection, "victim" means any of the following:

1. A person against whom an act is committed that would constitute a crime if committed by a competent adult.

2. If the person under subd. 1. is deceased or is physically or emotionally unable to exercise his or her rights under this section, the person's spouse, parent or legal guardian, sibling, child, person who resided with the deceased at the time of death, or other lawful representative.

3. If the person under subd. 1. is a minor, the person's parent, legal guardian or custodian, or other lawful representative.

4. If the person under subd. 1. is adjudicated incompetent, the person's legal guardian or other lawful representative.

(b) "Victim" does not include the accused or a person who the court finds would not act in the best interests of a victim who is deceased, incompetent, a minor, or physically or emotionally unable to exercise his or her rights under this section.

(2) 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:

(a) To be treated with dignity, respect, courtesy, sensitivity, and fairness.

(b) To privacy.

(d) To timely disposition of the case, free from unreasonable delay.

(e) Upon request, to attend all proceedings involving the case.

(f) To reasonable protection from the accused throughout the criminal and juvenile justice process.

(g) Upon request, to reasonable and timely notification of proceedings.

(h) Upon request, to confer with the attorney for the government.

(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.

(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.

(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.

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

(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.

(n) To compensation as provided by law.

(o) Upon request, to reasonable and timely information about the status of the investigation and the outcome of the case.

(p) 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.

(3) Except as provided under sub. (2) (n), all provisions of this section are self-executing. The legislature may prescribe further remedies for the violation of this section and further procedures for compliance with and enforcement of this section.

(4) (a) In addition to any other available enforcement of rights or remedy for a violation of this section or of other rights, privileges, or protections provided by law, the victim, the victim's attorney or other lawful representative, or the attorney for the government upon request of the victim may assert and seek in any circuit court or before any other authority of competent jurisdiction, enforcement of the rights in this section and any other right, privilege, or protection afforded to the victim by law. The court or other authority with jurisdiction over the case shall act promptly on such a request and afford a remedy for the violation of any right of the victim. The court or other authority with jurisdiction over the case shall clearly state on the record the reasons for any decision regarding the disposition of a victim's right and shall provide those reasons to the victim or the victim's attorney or other lawful representative.

(b) Victims may obtain review of all adverse decisions concerning their rights as victims by courts or other authorities with jurisdiction under par. (a) by filing petitions for supervisory writ in the court of appeals and supreme court.

(5) This section does not create any cause of action for damages against the state; any political subdivision of the state; any officer, employee, or agent of the state or a political subdivision of the state acting in his or her official capacity; or any officer, employee, or agent of the courts acting in his or her official capacity.

(6) This section is not intended and may not be interpreted to supersede a defendant's federal constitutional rights or to afford party status in a proceeding to any victim.