Amendment AA3-AB342

LRBa0736/3

JEO:kaf:ch

1997 - 1998 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO 1997 ASSEMBLY BILL 342

October 28, 1997 - Offered by Committee on Judiciary.

AB342-AA3,1,1 At the locations indicated, amend the bill as follows:

AB342-AA3,1,5 1. Page 32, line 12: after the period insert "In reviewing a complaint under this subsection, the board may not begin any investigation or take any action specified in pars. (a) to (d) until the board first determines that there is probable cause to believe that the subject of the complaint violated the rights of a crime victim.".

AB342-AA3,1,6 2. Page 33, line 12: after that line insert:

AB342-AA3,1,7 " Section 83m. 950.095 of the statutes is created to read:

AB342-AA3,1,11 950.095 Confidentiality of complaints. (1) (a) The records of the department relating to a complaint made under s. 950.08 (3) are confidential unless the subject of the complaint waives the right to confidentiality in writing to the department.

AB342-AA3,2,2 (am) Before a finding of probable cause under s. 950.09 (2), a complaint referred to the crime victims rights board under s. 950.09 (2) is confidential unless the subject of the complaint waives the right to confidentiality in writing to the crime victims rights board.

AB342-AA3,2,12 (b) If a complaint becomes known to the public before the completion of action by the department under s. 950.08 (3) or a finding of probable cause by the crime victims rights board under s. 950.09 (2), the department or the crime victims rights board, whichever is applicable, may issue statements in order to confirm that a complaint has been made or is being reviewed, to clarify the procedural aspects of actions taken under ss. 950.08 (3) and 950.09 (2), to explain the right of the subject of the complaint to respond to the complaint, to state that the subject of the complaint denies the allegations, if applicable, to state that action under ss. 950.08 (3) and 950.09 (2) has been completed and no basis for the complaint was found or to correct public misinformation.

AB342-AA3,2,15 (1m) In investigating a complaint made under s. 950.08 (3) or being reviewed under s. 950.09 (2), the department or the crime victims rights board, whichever is applicable, shall do all of the following:

AB342-AA3,2,17 (a) Act to avoid unnecessary embarrassment to and publicity for the subject of the complaint.

AB342-AA3,2,20 (b) Request any person contacted for information not to disclose that an investigation is being conducted or the nature of any inquiries made by the department or the crime victims rights board.

AB342-AA3,2,22 (2) This section does not preclude the department or the crime victims rights board from doing any of the following:

AB342-AA3,2,24 (a) Informing the person who made the complaint of the outcome of any action by the department or review by the crime victims rights board.

AB342-AA3,3,2 (b) Referring to the judicial commission information relating to alleged misconduct by or an alleged disability of a judge or court commissioner.

AB342-AA3,3,5 (c) Referring to an appropriate law enforcement authority information relating to possible criminal conduct or otherwise cooperating with a law enforcement authority in matters of mutual interest.

AB342-AA3,3,8 (d) Referring to an attorney disciplinary agency information relating to the possible misconduct or incapacity of an attorney or otherwise cooperating with an attorney disciplinary agency in matters of mutual interest.

AB342-AA3,3,10 (e) Disclosing to the chief justice or director of state courts information relating to matters affecting the administration of the courts.".

AB342-AA3,3,11 (End)