Amendment CSA1-SB40

SB40-CSA1, s. 3849 Section 3849. 949.11 (2) of the statutes is amended to read:

SB40-CSA1,1473,17 949.11 (2) The division of hearings and appeals in the department of administration shall appoint hearing examiners to make findings and orders under s. 227.46 and this chapter subchapter.

SB40-CSA1, s. 3850 Section 3850. 949.115 of the statutes is amended to read:

SB40-CSA1,1473,22 949.115 Subpoenas. The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this chapter subchapter and may enforce compliance with such subpoenas as provided in s. 885.12.

SB40-CSA1, s. 3851 Section 3851. 949.12 of the statutes is amended to read:

SB40-CSA1,1474,3 949.12 Condition of claimant. There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical, mental or emotional condition of the claimant or victim in a proceeding under this chapter subchapter in which that condition is an element.

SB40-CSA1, s. 3852 Section 3852. 949.13 of the statutes is amended to read:

SB40-CSA1,1474,9 949.13 Agency cooperation. Upon request by the department, any state or local agency, including a district attorney or law enforcement agency, shall make available all reports, files and other appropriate information which the department requests in order to make a determination that a person is eligible for an award under this chapter subchapter.

SB40-CSA1, s. 3853 Section 3853. 949.15 (1) of the statutes is amended to read:

SB40-CSA1,1474,20 949.15 (1) Whenever the department orders the payment of an award under this chapter subchapter as a result of the occurrence of an event that creates a cause of action on the part of a claimant against any person, the department is subrogated to the rights of the claimant and may bring an action against the person for the amount of the damages sustained by the claimant. If an amount greater than that paid under the award order is recovered and collected in any such action, the department shall pay the balance to the claimant. If the person responsible for the injury or death has previously made restitution payments to the general fund under s. 973.20, any judgment obtained by the department under this section shall be reduced by the amount of the restitution payments to the general fund.

SB40-CSA1, s. 3854 Section 3854. 949.16 of the statutes is amended to read:

SB40-CSA1,1474,25 949.16 Confidentiality of records. The record of a proceeding before an examiner or the department under this chapter subchapter is a public record. Any record or report obtained by an examiner or the department, the confidentiality of which is protected by any other law or rule, shall remain confidential.

SB40-CSA1, s. 3855 Section 3855. 949.165 (12) of the statutes is amended to read:

SB40-CSA1,1475,4 949.165 (12) Payment is not an award. Any payment from an escrow account under this section shall not be considered as an award by the department under this chapter subchapter.

SB40-CSA1, s. 3856 Section 3856. 949.18 (intro.) of the statutes is amended to read:

SB40-CSA1,1475,8 949.18 Report by the department. (intro.) The department's biennial report under s. 15.04 (1) (d) shall include a report of its activities under this chapter subchapter including:

SB40-CSA1, s. 3857 Section 3857. 949.18 (1) of the statutes is amended to read:

SB40-CSA1,1475,11 949.18 (1) An explanation of the procedures for filing and processing claims under this chapter subchapter.

SB40-CSA1, s. 3858 Section 3858. 949.18 (4) of the statutes is amended to read:

SB40-CSA1,1475,13 949.18 (4) A copy of the forms utilized under this chapter subchapter.

SB40-CSA1, s. 3859 Section 3859. 949.18 (5) (intro.) of the statutes is amended to read:

SB40-CSA1,1475,16 949.18 (5) (intro.) A complete statistical analysis of the cases handled under this chapter subchapter, including:

SB40-CSA1, s. 3860 Section 3860. 949.18 (5) (e) of the statutes is amended to read:

SB40-CSA1,1475,18 949.18 (5) (e) A summary of cases handled under this chapter subchapter.

SB40-CSA1, s. 3861 Section 3861. Subchapter II of chapter 949 [precedes 949.20] of the statutes is created to read:

SB40-CSA1,1475,21 Chapter 949

SB40-CSA1,1475,24 Subchapter II sexual assault forensic examination compensation

SB40-CSA1,1475,25 949.20 Definitions. In this subchapter:

SB40-CSA1,1476,3 (1) "Cooperate with a law enforcement agency" means to report a sex offense to a law enforcement agency or to aid a law enforcement agency in the investigation of a sex offense.

SB40-CSA1,1476,4 (2) "Department" means the department of justice.

SB40-CSA1,1476,12 (3) "Examination costs" means the costs of an examination that is done to gather evidence regarding a sex offense, any procedure during that examination process that tests for or prevents a sexually transmitted disease, and any medication provided or prescribed, during that examination process, that prevents or treats a sexually transmitted disease that the person performing the examination or procedure believes could be a consequence of the sex offense. "Examination costs" does not include any processing or administrative costs, attorney fees, or other expenses.

SB40-CSA1,1476,13 (4) "Guardian of the victim" means one of the following:

SB40-CSA1,1476,15 1. If the victim is under 18 years of age, the parent, guardian, or legal custodian of the victim.

SB40-CSA1,1476,17 2. If the victim has been determined to be incompetent under ch. 54, the guardian of the victim.

SB40-CSA1,1476,18 (5) "Health care provider" means any person providing health care services.

SB40-CSA1,1476,19 (6) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

SB40-CSA1,1476,22 (7) "Sex offense" means an act committed in the state that, if committed by a competent adult, would be a violation, or an attempted violation, of s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.08, or 948.09.

SB40-CSA1,1476,23 (8) "Sexually transmitted disease" has the meaning given in s. 252.11 (1).

SB40-CSA1,1476,24 (9) "Victim" means a person against whom a sex offense has been committed.

SB40-CSA1,1477,5 949.22 Administration. The department shall administer this subchapter. The department shall appoint a program director to assist in administering this subchapter. The department shall promulgate rules for the implementation and operation of this subchapter. The rules shall include procedures to ensure that any limitation of an award is calculated in a fair and equitable manner.

SB40-CSA1,1477,8 949.24 Application for award. (1) Eligibility. Any health care provider who conducts an examination to gather evidence regarding a sex offense may apply for an award under this subchapter.

SB40-CSA1,1477,10 (2) Forms. The department shall prescribe application forms for awards under this subchapter and shall furnish health care providers with the forms.

SB40-CSA1,1477,18 (3) Medical records. An applicant shall submit to the department reports from any physician, physician's assistant, or nurse who treated or examined the victim to gather evidence regarding a sex offense, performed any procedure during that treatment or examination that tests for or prevents a sexually transmitted disease, or provided or prescribed any medication to prevent or treat a sexually transmitted disease. The applicant may not submit to the department any other records than those pertaining to the examination, treatment, procedure, or medication for which the applicant is seeking an award.

SB40-CSA1,1477,22 949.26 Computation of awards. (1) Except as provided in sub. (1m), the department shall make an award under this section to a health care provider who conducts an examination to gather evidence regarding a sex offense to reimburse the health care provider only for the examination costs, as follows:

SB40-CSA1,1478,2 (a) If, under sub. (2) (b), the health care provider is not authorized to seek payment from insurance or another available source of payment, the award shall be the examination costs, regardless of whether the victim, or any guardian of the victim, cooperates with a law enforcement agency regarding the sex offense.

SB40-CSA1,1478,7 (b) If, under sub. (2) (b), the health care provider is authorized to seek payment from insurance or another available source of payment and the victim, or any guardian of the victim, does not cooperate with a law enforcement agency regarding the sex offense, the award shall be the examination costs, reduced by any payment to be received as a result of the authorization under sub. (2) (b).

SB40-CSA1,1478,10 (1m) The department may not make an award under this section if, under sub. (2) (b), the health care provider is authorized to seek payment and the victim, or any guardian of the victim, cooperates with a law enforcement agency.

SB40-CSA1,1478,12 (2) (a) A health care provider seeking an award under this section may not seek payment for any examination costs from the victim or any guardian of the victim.

SB40-CSA1,1478,16 (b) A health care provider seeking an award under this section may not seek payment for any examination costs from insurance or another available source of payment unless the victim or any guardian of the victim authorizes the health care provider to seek payment.

SB40-CSA1,1478,20 (3) The department may not refuse to make an award under this section because the victim or the guardian of the victim does not cooperate with a law enforcement agency regarding the sex offense, or due to lack of an investigation or prosecution of the sex offense.

SB40-CSA1,1478,24 949.28 Limitations on awards. (1) No order for the payment of an award under this subchapter may be made unless the application was made within one year after the date of the examination. The department may waive the one-year requirement under this subsection in the interest of justice.

SB40-CSA1,1479,2 (2) The department may not make an award under this subchapter that exceeds the examination costs of the victim.

SB40-CSA1,1479,5 (3) The department may not make an award under this subchapter for any part of the examination costs of the victim for which the health care provider seeking the award has received compensation from any other source.

SB40-CSA1,1479,8 949.31 Hearings. (1) The procedure of ch. 227 for contested cases applies to hearings under this subchapter except as otherwise provided in this section and s. 949.32.

SB40-CSA1,1479,11 (2) The division of hearings and appeals in the department of administration shall appoint hearing examiners to make findings and orders under s. 227.46 and this subchapter.

SB40-CSA1,1479,15 (3) All hearings shall be open to the public unless in a particular case the examiner determines that the hearing, or a portion of the hearing, shall be held in private having regard to the fact that the offender has not been convicted or to the interest of the victim.

SB40-CSA1,1479,19 949.315 Subpoenas. The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this subchapter and may enforce compliance with such subpoenas as provided in s. 885.12.

SB40-CSA1,1479,23 949.32 Condition of victim. There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical condition of the victim in a proceeding under this subchapter in which that condition is an element.

SB40-CSA1,1480,3 949.33 Agency cooperation. Upon request by the department, any state or local agency, including a district attorney or law enforcement agency, shall make available all reports, files, and other appropriate information which the department requests in order to make a determination that a health care provider is eligible for an award under this subchapter.

SB40-CSA1,1480,8 949.36 Confidentiality. If a health care provider seeks an award under this subchapter, any personally identifiable information, as defined in s. 19.62 (5), of the victim who received the examination shall remain confidential unless written consent for the release of any personally identifiable information is provided by one of the following:

SB40-CSA1,1480,9 (1) Except as provided under sub. (2), the victim.

SB40-CSA1,1480,10 (2) If there is a guardian of the victim, the guardian of the victim.

SB40-CSA1,1480,12 949.37 Offenses. (1) Prohibition. In connection with an award under this subchapter, no person may do any of the following:

SB40-CSA1,1480,13 (a) Submit a fraudulent application or claim for an award.

SB40-CSA1,1480,15 (b) Intentionally make or cause to be made any false statement or representation of a material fact.

SB40-CSA1,1480,18 (c) Intentionally conceal or fail to disclose information affecting the amount of or the initial or continued right to any such award when reasonably requested to provide such information by the department.

SB40-CSA1,1480,21 (2) Penalties. Any person who violates this section shall be fined not more than $500 or imprisoned not more than 6 months or both. The person shall forfeit any benefit received and shall reimburse the state for payments received.

SB40-CSA1,1481,2 (3) Damages. The state has a civil cause of action for relief against any person who violates this section for the amount of damages that the state sustained by reason of the violation and, in addition, for punitive damages not more than double the amount of damages that the state may have sustained, together with interest, and the cost of the suit.

SB40-CSA1,1481,4 (4) Action. The attorney general may bring any action and has such powers as may be necessary to enforce this section.

SB40-CSA1,1481,7 949.38 Report by the department. The department's biennial report under s. 15.04 (1) (d) shall include a report of its activities under this subchapter including all of the following:

SB40-CSA1,1481,9 (1) An explanation of the procedures for filing and processing claims under this subchapter.

SB40-CSA1,1481,11 (2) A description of the programs and policies instituted to promote awareness about the awards under this subchapter.

SB40-CSA1,1481,12 (3) An analysis of future needs and suggested program improvements.

SB40-CSA1,1481,13 (4) A copy of the forms used under this subchapter.

SB40-CSA1,1481,15 (5) A complete statistical analysis of the cases handled under this subchapter, including all of the following:

SB40-CSA1,1481,16 (a) The number of claims filed.

SB40-CSA1,1481,17 (b) The number of claims approved and the amount of each award.

SB40-CSA1,1481,18 (c) The number of claims denied and the reasons for rejection.

SB40-CSA1,1481,19 (d) A breakdown of claims by geographic area and month.

SB40-CSA1, s. 3863 Section 3863. 950.04 (1v) (rm) of the statutes is amended to read:

SB40-CSA1,1481,21 950.04 (1v) (rm) To compensation, as provided under subch. I of ch. 949.

SB40-CSA1, s. 3864 Section 3864. 950.08 (2g) (b) of the statutes is amended to read:

SB40-CSA1,1481,25 950.08 (2g) (b) The availability of compensation under subch. I of ch. 949 and the address and telephone number at which to contact the department for information concerning compensation under subch. I of ch. 949.

SB40-CSA1, s. 3865 Section 3865. 950.08 (2r) (d) of the statutes is amended to read:

SB40-CSA1,1482,4 950.08 (2r) (d) The availability of compensation under subch. I of ch. 949, including information concerning eligibility for compensation and the procedure for applying for compensation.

SB40-CSA1, s. 3866 Section 3866. 961.41 (5) (c) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB40-CSA1,1482,9 961.41 (5) (c) 1. Two-thirds The first $850,000 plus two-thirds of all moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.435 (6) (gb).

SB40-CSA1,1482,13 2. One-third of all All moneys in excess of $850,000 and up to $1,275,000 plus one-third of moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku).

SB40-CSA1, s. 3869 Section 3869. 967.06 of the statutes is renumbered 967.06 (1) and amended to read: