Amendment SSA1-SB354

LRBs0260/1

PJH:jld:rs

2013 - 2014 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 354

February 4, 2014 - Offered by Senator Cowles.

SB354-SSA1,1,4 An Act to renumber and amend 905.045 (1) (b); to amend 905.045 (1) (a) and (c) and 905.045 (2), (3) and (4); and to create 50.378, 146.82 (4) (b) 3., 950.02 (4g) and 950.04 (1v) (cg) and (cr) of the statutes; relating to: granting victims of certain crimes the right to be accompanied by a victim advocate.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB354-SSA1,1 Section 1. 50.378 of the statutes is created to read:

SB354-SSA1,1,6 50.378 Victim advocates. (1) Definitions. In this section:

SB354-SSA1,1,7 (a) "Victim advocate" has the meaning given in s. 905.045 (1) (b).

SB354-SSA1,1,12 (b) "Victim of sexual assault, human trafficking, or child abuse" means a person who alleges or for whom it is alleged that he or she suffered from a violation of s. 940.22, 940.225, or 940.302, involving a commercial sex act, or ss. 948.01 to 948.11 and who, as a result of the alleged violation, presents as a patient at a hospital that provides emergency services.

SB354-SSA1,2,5 (2) Right to accompaniment by a victim advocate. (a) Except as provided in par. (f), a hospital that provides emergency services to a victim of sexual assault, human trafficking, or child abuse shall, at the request of the victim, permit a victim advocate to accompany the victim to any examination or consultation that is performed at the hospital as a result of the violation.

SB354-SSA1,2,9 (b) A parent, guardian, or legal custodian of a minor who is a victim of sexual assault, human trafficking, or child abuse may make a request under par. (a) for a victim advocate to accompany the minor victim of sexual assault, human trafficking, or child abuse.

SB354-SSA1,2,12 (c) A minor who is a victim of sexual assault, human trafficking, or child abuse may make a request under par. (a) for a victim advocate to accompany him or her without the consent of his or her parent, guardian, or legal custodian.

SB354-SSA1,2,21 (d) The hospital shall notify the victim and, if the victim is a minor, the victim's parent, guardian, or legal custodian, of his or her right to be accompanied by a victim advocate. The hospital shall make notification under this paragraph prior to examining or treating the victim, unless the delay caused by notification would endanger the health or safety of the victim. The hospital shall make notification under this paragraph using a form provided by the department under sub. (4) (c) unless a form is not available or the victim requests verbal notification, in which case the notification shall be made verbally and shall include all of the following information:

SB354-SSA1,2,22 1. The right to request accompaniment under pars. (a) to (c).

SB354-SSA1,2,23 2. The right to exclude a victim advocate under par. (e).

SB354-SSA1,2,24 3. The procedure to complain to the department under sub. (4).

SB354-SSA1,3,3 (e) A victim may request exclusion of a victim advocate at any examination or consultation that is performed at the hospital as a result of the sexual assault, human trafficking, or child abuse.

SB354-SSA1,3,7 (f) The hospital may exclude the victim advocate if his or her presence or continued presence obstructs the provision of necessary medical care to the victim, and the hospital need not delay examining or treating the victim pending the arrival of a victim advocate, if the delay would endanger the health or safety of the victim.

SB354-SSA1,3,11 (3) Immunity from liability. A hospital and its employees or agents are immune from civil liability for allowing a victim advocate to accompany a victim, for any failure to comply with any requirement in sub. (2), and for any act or omission by a victim advocate.

SB354-SSA1,3,14 (4) Duties of the department. (a) The department shall respond to any complaint received by the department concerning noncompliance by a hospital with the requirements of sub. (2).

SB354-SSA1,3,16 (b) The department shall develop guidelines for, and provide assistance to, hospitals subject to the requirements of sub. (2).

SB354-SSA1,3,22 (c) The department shall prescribe a form to be used by hospitals that provide emergency services to victims of sexual assault, human trafficking, or child abuse to provide notification to victims and, if a victim is a minor, the victim's parent, guardian, or legal custodian, of his or her right to be accompanied by a victim advocate under sub. (2). The form shall include all of the information provided in sub. (2) (d) 1. to 3.

SB354-SSA1,2 Section 2. 146.82 (4) (b) 3. of the statutes is created to read:

SB354-SSA1,4,3 146.82 (4) (b) 3. A victim advocate, as defined in s. 50.378 (1) (a), who is accompanying a victim of sexual assault, human trafficking, or child abuse under s. 50.378 (2).

SB354-SSA1,3 Section 3. 905.045 (1) (a) and (c) of the statutes are amended to read:

SB354-SSA1,4,10 905.045 (1) (a) "Abusive conduct" means abuse, as defined in s. 813.122 (1) (a), of a child, as defined in s. 48.02 (2), interspousal battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 813.12 (1) (am), or sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225 , human trafficking involving a commercial sex act under s. 940.302, or child abuse under ss. 948.01 to 948.11.

SB354-SSA1,4,19 (c) A communication or information is "confidential" if not intended to be disclosed to 3rd persons other than persons present to further the interest of the person receiving counseling, assistance, or support services, persons reasonably necessary for the transmission of the communication or information, and persons who are participating in providing counseling, assistance, or support services under the direction of an a victim advocate, including family members of the person receiving counseling, assistance, or support services and members of any group of individuals with whom the person receives counseling, assistance, or support services.

SB354-SSA1,4 Section 4. 905.045 (1) (b) of the statutes is renumbered 905.045 (1) (e) and amended to read:

SB354-SSA1,4,24 905.045 (1) (e) "Advocate" " Victim advocate" means an individual who is an employee of or a volunteer for an organization the purpose of which is to provide counseling, assistance, or support services free of charge to a victim.

SB354-SSA1,5 Section 5. 905.045 (2), (3) and (4) of the statutes are amended to read:

SB354-SSA1,5,8 905.045 (2) General rule of privilege. A victim has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated among the victim, an a victim advocate who is acting in the scope of his or her duties as an a victim advocate, and persons who are participating in providing counseling, assistance, or support services under the direction of an a victim advocate, if the communication was made or the information was obtained or disseminated for the purpose of providing counseling, assistance, or support services to the victim.

SB354-SSA1,5,13 (3) Who may claim the privilege. The privilege may be claimed by the victim, by the victim's guardian or conservator, or by the victim's personal representative if the victim is deceased. The victim advocate may claim the privilege on behalf of the victim. The victim advocate's authority to do so is presumed in the absence of evidence to the contrary.

SB354-SSA1,5,15 (4) Exceptions. Subsection (2) does not apply to any report concerning child abuse that an a victim advocate is required to make under s. 48.981.

SB354-SSA1,6 Section 6. 950.02 (4g) of the statutes is created to read:

SB354-SSA1,5,17 950.02 (4g) "Victim advocate" has the meaning given in s. 905.045 (1) (e).

SB354-SSA1,7 Section 7. 950.04 (1v) (cg) and (cr) of the statutes are created to read:

SB354-SSA1,5,22 950.04 (1v) (cg) If he or she is a victim of a violation of ss. 940.22, 940.225, 940.302, or 948.01 to 948.11, to be accompanied by a victim advocate at law enforcement interviews, unless the presence of the victim advocate obstructs or delays the interview.

SB354-SSA1,6,3 (cr) Subject to par. (cg), if he or she is a victim of a violation of ss. 940.22, 940.225, 940.302, or 948.01 to 948.11, to be accompanied by a victim advocate at interviews and proceedings at which he or she is requested or allowed to attend that are related to the crime committed against him or her, including prosecution interviews, department of corrections proceedings, court proceedings, and postconviction proceedings.

SB354-SSA1,8 Section 8. Initial applicability.

SB354-SSA1,6,6 (1) This act first applies to violations that are committed against a victim on the effective date of this subsection.

SB354-SSA1,9 Section 9. Effective date.

SB354-SSA1,6,9 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB354-SSA1,6,10 (End)