AB342, s. 2 9Section 2. 906.15 of the statutes is renumbered 906.15 (1) and amended to
10read:
AB342,5,1411 906.15 (1) At the request of a party, the judge or court commissioner shall order
12witnesses excluded so that they cannot hear the testimony of other witnesses, and
13the
. The judge or court commissioner may also make the order of his or her own
14motion. This section
AB342,5,15 15(2) Subsection (1) does not authorize exclusion of (1) a any of the following:
AB342,5,16 16(a) A party who is a natural person, or (2) an.
AB342,5,18 17(b) An officer or employe of a party which is not a natural person designated
18as its representative by its attorney, or (3) a.
AB342,5,20 19(c) A person whose presence is shown by a party to be essential to the
20presentation of the party's cause.
AB342,5,24 21(3) The judge or court commissioner may direct that all such excluded and
22non-excluded witnesses be kept separate until called and may prevent them from
23communicating with one another until they have been examined or the hearing is
24ended.
AB342, s. 3 25Section 3. 906.15 (2) (d) of the statutes is created to read:
AB342,6,7
1906.15 (2) (d) A victim, as defined in s. 950.02 (4), in a criminal case or a victim,
2as defined in s. 938.02 (20m), in a delinquency proceeding under ch. 938, unless the
3judge or court commissioner finds that exclusion of the victim is necessary to provide
4a fair trial for the defendant or a fair fact-finding hearing for the juvenile. The
5presence of a victim during the testimony of other witnesses may not by itself be a
6basis for a finding that exclusion of the victim is necessary to provide a fair trial for
7the defendant or a fair fact-finding hearing for the juvenile.
AB342, s. 4 8Section 4. 938.02 (20m) of the statutes is created to read:
AB342,6,99 938.02 (20m) (a) "Victim" means any of the following:
AB342,6,1010 1. A person against whom a delinquent act has been committed.
AB342,6,1211 2. If the person specified in subd. 1. is a child, a parent, guardian or legal
12custodian of the child.
AB342,6,1613 3. If a person specified in subd. 1. is physically or emotionally unable to exercise
14the rights granted under this chapter, s. 950.04 or article I, section 9m, of the
15Wisconsin constitution, a person designated by the person specified in subd. 1. or a
16family member, as defined in s. 950.02 (3), of the person specified in subd. 1.
AB342,6,1717 4. If a person specified in subd. 1. is deceased, any of the following:
AB342,6,1818 a. A family member, as defined in s. 950.02 (3), of the person who is deceased.
AB342,6,1919 b. A person who resided with the person who is deceased.
AB342,6,2120 5. If a person specified in subd. 1. has been determined to be incompetent under
21ch. 880, the guardian of the person appointed under ch. 880.
AB342,6,2322 (b) "Victim" does not include a juvenile alleged to have committed the
23delinquent act.
AB342, s. 5 24Section 5. 938.02 (21) of the statutes is amended to read:
AB342,7,5
1938.02 (21) "Victim-witness coordinator" means a person employed or
2contracted by the county board of supervisors under s. 950.06 to enforce the rights
3of victims and witnesses of crimes and
to provide services for those the victims and
4witnesses of crimes or a person employed or contracted by the department of justice
5to provide the services specified in s. 950.08.
AB342, s. 6 6Section 6. 938.067 (6g) of the statutes is created to read:
AB342,7,87 938.067 (6g) Provide information and notices to and confer with victims as
8required under s. 938.346 (1m).
AB342, s. 7 9Section 7. 938.24 (5) of the statutes is amended to read:
AB342,8,710 938.24 (5) The intake worker shall request that a petition be filed, enter into
11a deferred prosecution agreement or close the case within 40 days or sooner of receipt
12of referral information. Before entering into a deferred prosecution agreement, the
13intake worker shall comply with s. 938.245 (1m), if applicable.
If the case is closed
14or a deferred prosecution agreement is entered into, the district attorney, corporation
15counsel or other official under s. 938.09 shall receive written notice of such action.
16If the case is closed, the known victims of the juvenile's alleged act shall receive notice
17as provided under sub. (5m), if applicable.
In addition, if a deferred prosecution
18agreement is entered into placing a juvenile in a youth village program as described
19in s. 118.42, the judge or juvenile court commissioner shall receive written notice of
20such action and, on receipt of that notice, shall enter an order requiring compliance
21with that agreement. A notice of deferred prosecution of an alleged delinquency case
22shall include a summary of the facts surrounding the allegation and a list of prior
23intake referrals and dispositions. If a law enforcement officer has made a
24recommendation concerning the juvenile, the intake worker shall forward this
25recommendation to the district attorney under s. 938.09. Notwithstanding the

1requirements of this section, the district attorney may initiate a delinquency petition
2under s. 938.25 within 20 days after notice that the case has been closed or that a
3deferred prosecution agreement has been entered into. The judge shall grant
4appropriate relief as provided in s. 938.315 (3) with respect to any such petition
5which is not referred or filed within the time limits specified within this subsection.
6Failure to object if a petition is not referred or filed within a time limit specified in
7this subsection waives that time limit.
AB342, s. 8 8Section 8. 938.24 (5m) of the statutes is created to read:
AB342,8,129 938.24 (5m) If a juvenile is alleged to be delinquent under s. 938.12 or to be in
10need of protection or services under s. 938.13 (12) and the intake worker decides to
11close the case, the intake worker shall make a reasonable attempt to inform all of the
12known victims of the juvenile's act that the case is being closed at that time.
AB342, s. 9 13Section 9. 938.245 (1m) of the statutes is created to read:
AB342,8,1914 938.245 (1m) If a juvenile is alleged to be delinquent under s. 938.12 or to be
15in need of protection or services under s. 938.13 (12), an intake worker shall, as soon
16as practicable but in any event before entering into a deferred prosecution agreement
17under sub. (1), offer all of the victims of the juvenile's alleged act who have requested
18the opportunity an opportunity to confer with the intake worker concerning the
19proposed deferred prosecution agreement.
AB342, s. 10 20Section 10. 938.25 (2m) of the statutes is created to read:
AB342,8,2521 938.25 (2m) If a juvenile is alleged to be delinquent under s. 938.12 or to be in
22need of protection or services under s. 938.13 (12) and the district attorney or
23corporation counsel decides not to file a petition, the district attorney or corporation
24counsel shall make a reasonable attempt to inform all of the known victims of the
25juvenile's act that a petition will not be filed against the juvenile at that time.
AB342, s. 11
1Section 11. 938.265 of the statutes is created to read:
AB342,9,10 2938.265 Consultation with victims. In a case in which the juvenile is alleged
3to be delinquent under s. 938.12 or to be in need of protection or services under s.
4938.13 (12), the district attorney or corporation counsel shall, as soon as practicable
5but in any event before the plea hearing under s. 938.30, offer all of the victims of the
6juvenile's alleged act who have requested the opportunity an opportunity to confer
7with the district attorney or corporation counsel concerning the possible outcomes
8of the proceeding against the juvenile, including potential plea agreements and
9recommendations that the district attorney or corporation counsel may make
10concerning dispositions under s. 938.34 or 938.345.
AB342, s. 12 11Section 12. 938.27 (4m) of the statutes is amended to read:
AB342,9,2212 938.27 (4m) The district attorney or corporation counsel shall attempt to
13contact any known victim or alleged victim of a juvenile's act or alleged act and any
14known family member of a homicide victim or alleged homicide victim
to inform them
15of the right to receive notice of any hearing under this chapter involving the juvenile.
16If a victim, or alleged victim or family member of a homicide victim or of an alleged
17homicide victim
indicates that he or she wishes to receive notice of any hearing under
18this chapter involving the juvenile, the district attorney or corporation counsel shall
19notify, under s. 938.273, that victim, or alleged victim or family member of any
20hearing under this chapter involving the juvenile. Any failure to comply with this
21subsection is not a ground for an appeal of a judgment or dispositional order or for
22any court to reverse or modify a judgment or dispositional order.
AB342, s. 13 23Section 13. 938.273 (2) of the statutes is amended to read:
AB342,9,2524 938.273 (2) Service of summons or notice required by this subchapter may be
25made by any suitable person under the direction of the court. Notification of the

1victim or alleged victim of a juvenile's act or of a family member of a homicide victim
2or of an alleged homicide victim
under s. 938.27 (4m) shall be made by the district
3attorney or corporation counsel.
AB342, s. 14 4Section 14. 938.296 (1) (e) of the statutes is created to read:
AB342,10,55 938.296 (1) (e) "Victim" has the meaning given in s. 938.02 (20m) (a) 1.
AB342, s. 15 6Section 15. 938.2965 of the statutes is created to read:
AB342,10,8 7938.2965 Waiting area for victims and witnesses. (1) In this section,
8"witness" has the meaning given in s. 950.02 (5).
AB342,10,15 9(2) If an area is available and use of the area is practical, a county shall provide
10a waiting area for a victim or witness to use during hearings under this chapter that
11if separate from any area used by the juvenile, the juvenile's relatives and witnesses
12for the juvenile. If a separate waiting area is not available or its use is not practical,
13a county shall provide other means to minimize the contact between the victim or
14witness and the juvenile, the juvenile's relatives and witnesses for the juvenile
15during hearings under this chapter.
AB342, s. 16 16Section 16. 938.30 (4m) of the statutes is created to read:
AB342,10,2417 938.30 (4m) Before accepting a plea under sub. (4) in a proceeding in which a
18juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or
19services under s. 938.13 (12), the court shall inquire of the district attorney or
20corporation counsel whether he or she has complied with s. 938.265 and whether he
21or she has complied with s. 938.27 (4m), whether any of the known victims requested
22notice of the date, time and place of the plea hearing and, if so, whether the district
23attorney or corporation counsel provided to the victim notice of the date, time and
24place of the hearing.
AB342, s. 17 25Section 17. 938.31 (2) of the statutes is amended to read:
AB342,11,8
1938.31 (2) The hearing shall be to the court. If the hearing involves a child
2victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02
3(5), the court may order the taking and allow the use of a videotaped deposition under
4s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At
5the conclusion of the hearing, the court shall make a determination of the facts. If
6the court finds that the juvenile is not within the jurisdiction of the court or the court
7finds that the facts alleged in the petition or citation have not been proved, the court
8shall dismiss the petition or citation with prejudice.
AB342, s. 18 9Section 18. 938.312 of the statutes is created to read:
AB342,11,15 10938.312 Notice of dismissal. If a petition alleges that a juvenile is delinquent
11under s. 938.12 or in need of protection or services under s. 938.13 (12) and the
12petition is dismissed or does not otherwise result in a consent decree or dispositional
13order, the district attorney or corporation counsel shall make a reasonable attempt
14to inform each known victim of the juvenile's alleged act that the petition has been
15dismissed or will not result in a consent decree or dispositional order.
AB342, s. 19 16Section 19. 938.315 (2) of the statutes is amended to read:
AB342,11,2117 938.315 (2) A continuance may be granted by the court only upon a showing
18of good cause in open court or during a telephone conference under s. 807.13 on the
19record and only for so long as is necessary, taking into account the request or consent
20of the representative of the public under s. 938.09 or the parties , the interests of the
21victims
and the interest of the public in the prompt disposition of cases.
AB342, s. 20 22Section 20. 938.32 (1) (am) of the statutes is created to read:
AB342,12,423 938.32 (1) (am) Before entering into a consent decree in a case in which the
24juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or
25services under s. 938.13 (12), the district attorney or corporation counsel shall, as

1soon as practicable but in any event before agreeing to the consent decree, offer all
2of the victims of the juvenile's alleged act who have requested the opportunity an
3opportunity to confer with the district attorney or corporation counsel concerning the
4proposed consent decree.
AB342, s. 21 5Section 21. 938.32 (1) (b) 1. of the statutes is amended to read:
AB342,12,146 938.32 (1) (b) 1. Before entering into a consent decree in a proceeding in which
7a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection
8or services under s. 938.13 (12), the court shall determine whether a victim of the
9juvenile's act wants to make a statement to the court. If a victim wants to make a
10statement, the court shall
allow a the victim or a family member of a homicide victim
11to make a statement in court or to submit a written statement to be read to the court.
12The court may allow any other person to make or submit a statement under this
13subdivision. Any statement made under this subdivision must be relevant to the
14consent decree.
AB342, s. 22 15Section 22. 938.32 (1) (b) 1m. of the statutes is created to read:
AB342,12,2316 938.32 (1) (b) 1m. Before entering into a consent decree in a proceeding in
17which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of
18protection or services under s. 938.13 (12), the court shall inquire of the district
19attorney or corporation counsel whether he or she has complied with par. (am) and
20whether he or she has complied with subd. 2., whether any of the known victims
21requested notice of the date, time and place of any hearing to be held on the consent
22decree and, if so, whether the district attorney provided to the victim notice of the
23date, time and place of the hearing.
AB342, s. 23 24Section 23. 938.32 (1) (b) 2. of the statutes is amended to read:
AB342,13,7
1938.32 (1) (b) 2. Before entering into a consent decree in a proceeding in which
2a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection
3or services under s. 938.13 (12), the district attorney or corporation counsel shall
4attempt to contact any known victim or family member of a homicide victim to inform
5that person of the right to make a statement under subd. 1. Any failure to comply
6with this subdivision is not a ground for discharge of the juvenile, parent, guardian
7or legal custodian from fulfilling the terms and conditions of the consent decree.
AB342, s. 24 8Section 24. 938.331 of the statutes is amended to read:
AB342,13,19 9938.331 Court reports; effect on victim. If the delinquent act would
10constitute a felony if committed by an adult, the person preparing the report under
11s. 938.33 (1) shall attempt to determine the economic, physical and psychological
12effect of the delinquent act on the victim, as defined in s. 938.02 (20m) (a) 1. and 4.
13The person preparing the report may ask any appropriate person for information.
14This section does not preclude the person who prepares the report from including any
15information for the court concerning the impact of a delinquent act on the victim.
16If the delinquent act would not constitute a felony but a victim, as defined in s. 938.02
17(20m) (a) 1.,
has suffered bodily harm or the act involved theft or damage to property,
18the person preparing the report is encouraged to seek the information described in
19this section.
AB342, s. 25 20Section 25. 938.335 (3m) (a) of the statutes is amended to read:
AB342,14,421 938.335 (3m) (a) Before imposing a disposition in a proceeding in which a
22juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of
23protection or services under s. 938.13 (12), the court shall determine whether a
24victim of the juvenile's act wants to make a statement to the court. If a victim wants
25to make a statement, the court shall
allow a the victim or a family member of a

1homicide victim
to make a statement in court or to submit a written statement to be
2read to the court. The court may allow any other person to make or submit a
3statement under this paragraph. Any statement made under this paragraph must
4be relevant to the disposition.
AB342, s. 26 5Section 26. 938.335 (3m) (am) of the statutes is created to read:
AB342,14,126 938.335 (3m) (am) Before imposing a disposition in a proceeding in which a
7juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of
8protection or services under s. 938.13 (12), the court shall inquire of the district
9attorney or corporation counsel whether he or she has complied with par. (b),
10whether any of the known victims requested notice of the date, time and place of the
11dispositional hearing and, if so, whether the district attorney or corporation counsel
12provided to the victim notice of the date, time and place of the hearing.
AB342, s. 27 13Section 27. 938.335 (3m) (b) of the statutes is amended to read:
AB342,14,2014 938.335 (3m) (b) After a finding that a juvenile is delinquent under s. 938.12
15or is found to be in need of protection or services under s. 938.13 (12), the district
16attorney or corporation counsel shall attempt to contact any known victim or family
17member of a homicide victim
to inform that person of the right to make a statement
18under par. (a). Any failure to comply with this paragraph is not a ground for an
19appeal of a dispositional order or for any court to reverse or modify a dispositional
20order.
AB342, s. 28 21Section 28. 938.346 (1) (d) 1. of the statutes is amended to read:
AB342,15,522 938.346 (1) (d) 1. Information regarding any decision to close a case under s.
23938.24 (5m),
any deferred prosecution agreement under s. 938.245, any decision not
24to file a petition under s. 938.25 (2m),
any consent decree under s. 938.32 or any
25dispositional order under ss. 938.34 to 938.345. The information may not include

1reports under s. 938.295 or 938.33 or any other information that deals with sensitive
2personal matters of the juvenile and the juvenile's family and that does not directly
3relate to the act or alleged act committed against the victim. This subdivision does
4not affect the right of a victim to attend any hearing that the victim is permitted to
5attend under s. 938.299 (1) (am).
AB342, s. 29 6Section 29. 938.346 (1) (em) of the statutes is created to read:
AB342,15,107 938.346 (1) (em) The right to confer, if requested, with an intake worker
8regarding deferred prosecution agreements under s. 938.245 (1m) or with a district
9attorney or corporation counsel under s. 938.265 regarding the possible outcomes of
10the proceedings and under s. 938.32 (1) (am) regarding consent decrees.
AB342, s. 30 11Section 30. 938.346 (1) (fm) of the statutes is created to read:
AB342,15,1212 938.346 (1) (fm) All of the following:
AB342,15,1313 1. The right to a separate waiting area as provided under s. 938.2965.
AB342,15,1514 2. The right to have his or her interest considered concerning continuances in
15the case under s. 938.315 (2)
AB342,15,1816 3. The right to have victim impact information included in a court report under
17s. 938.33 and to have the person preparing the court report attempt to contact the
18victim, as provided under s. 938.331.
AB342,15,1919 4. The right to employer intercession services under s. 950.04 (1v) (bm).
AB342, s. 31 20Section 31. 938.346 (1) (h) of the statutes is created to read:
AB342,15,2121 938.346 (1) (h) All of the following:
AB342,15,2322 1. The right to be accompanied by a service representative, as provided under
23s. 895.73.
AB342,15,2524 2. The right to restitution, as provided under ss. 938.245, 938.32 (1t) and 938.34
25(5).
AB342,16,1
13. The right to compensation, as provided under ch. 949.
AB342,16,22 4. The right to a speedy disposition of the case under s. 950.04 (1v) (k).
AB342,16,43 5. The right to have personal property returned, as provided under s. 950.04
4(1v) (s).
AB342,16,85 6. The right to complain to the department of justice concerning the treatment
6of crime victims, as provided under s. 950.08 (3), and to request review by the crime
7victims rights board of complaint mediation conducted by the department of justice,
8as provided under s. 950.09 (2).
AB342, s. 32 9Section 32. 938.346 (1m) of the statutes is amended to read:
AB342,16,2310 938.346 (1m) The intake worker shall provide notice of the information
11specified in sub. (1) (a), (b) and, (c) and (h), the information specified in sub. (1) (d)
12relating to a deferred prosecution agreement under s. 938.245, the information
13specified in sub. (1) (em) relating to the right to confer, if requested, on deferred
14prosecution agreements
and the information specified in sub. (3) if the inquiry is
15terminated without a deferred prosecution agreement before the filing of a petition

16juvenile's case is closed. The district attorney or corporation counsel shall provide
17notice of the information specified in sub. (1) (e), (f), (fm) and (g), the information
18specified in sub. (1) (d) relating to a consent decree under s. 938.32 or a dispositional
19order under ss. 938.34 to 938.345, the information specified in sub. (1) (em) relating
20to the right to request an opportunity to confer, if requested, on amendment of
21petitions, consent decrees and disposition recommendations
and the information
22under sub. (3) if he or she decides not to file a petition or the proceeding is terminated
23without a consent decree or dispositional order after the filing of a petition.
AB342, s. 33 24Section 33. 938.346 (3) of the statutes is amended to read:
AB342,17,10
1938.346 (3) If an inquiry or proceeding is closed, dismissed by an intake worker
2or otherwise does not result in a deferred prosecution agreement, the intake worker
3shall make a reasonable attempt to inform each known victim of the juvenile's
4alleged act as provided in s. 938.24 (5m). If a district attorney or corporation counsel
5decides not to file a petition or if, after a petition is filed, a proceeding is dismissed
6or otherwise does not result in a
consent decree or dispositional order, a district
7attorney or corporation counsel shall make a
reasonable attempt shall be made to
8inform each known victim of the juvenile's alleged act that the inquiry or proceeding
9has been terminated
as provided in s. 938.25 (2m) or 938.312, whichever is
10applicable
.
AB342, s. 34 11Section 34. 938.346 (4) of the statutes is amended to read:
Loading...
Loading...