AB342: Bill Text

AB342, s. 51 Section 51. 950.04 (intro.) of the statutes is renumbered 950.04 (2w) (intro.) and amended to read:

AB342,22,7 950.04 (2w) (title) Rights of witnesses. (intro.) Victims and witnesses Witnesses of crimes have the following rights:

AB342, s. 52 Section 52. 950.04 (1) of the statutes is renumbered 950.04 (2w) (a) and amended to read:

AB342,22,14 950.04 (2w) (a) To be informed by local law enforcement agencies and request information from the district attorney of about the final disposition of the case. If the crime charged is a felony or is specified in ch. 940, the victim shall be notified whenever the defendant or perpetrator is released from custody. The victim shall be notified of a pardon application by the governor under s. 304.09 (3).

AB342, s. 53 Section 53. 950.04 (1v) of the statutes is created to read:

AB342,22,16 950.04 (1v) Rights of victims. Victims of crimes have the following rights:

AB342,22,19 (a) To have his or her interest considered when the court is deciding whether to grant a continuance in the case, as provided under ss. 938.315 (2) and 971.10 (3) (b) 3.

AB342,22,21 (b) To attend court proceedings in the case, subject to ss. 906.15 and 938.299 (1).

AB342,22,25 (bm) To be provided with appropriate employer intercession services to ensure that employers of victims will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employe's loss of pay and other benefits resulting from court appearances.

AB342,23,1 (c) To be accompanied by a service representative, as provided under s. 895.73.

AB342,23,6 (d) To request an order for, and to be given the results of, testing to determine the presence of a sexually transmitted disease or of any strain of human immunodeficiency virus, of antigen or nonantigen products of any strain of human immunodeficiency virus, or of an antibody of any strain of human immunodeficiency virus, as provided under ss. 938.296 or 968.38.

AB342,23,7 (e) To be provided a waiting area under ss. 938.2965 and 967.10.

AB342,23,10 (em) To have his or her interests considered by the court in determining whether to exclude persons from a preliminary hearing, as provided under s. 970.03 (4).

AB342,23,11 (f) To be notified of applications for parole, as provided under s. 304.06 (1).

AB342,23,13 (g) To be notified of hearings or court proceedings, as provided under ss. 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

AB342,23,16 (i) To have, at his or her request, the opportunity to consult with intake workers, district attorneys and corporation counsel in cases under ch. 938, as provided under ss. 938.245 (1m), 938.265 and 938.32 (1) (am).

AB342,23,18 (j) To have, at his or her request, the opportunity to consult with the prosecution in a case brought in a court of criminal jurisdiction, as provided under s. 971.095 (2).

AB342,23,21 (k) To a speedy disposition of the case in which they are involved as a victim in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter.

AB342,23,24 (L) To have the district attorney or corporation counsel, whichever is applicable, attempt to contact the victim concerning the victim's right to make a statement, as provided under ss. 938.32 (1) (b) 2., 938.335 (3m) (b) and 972.14 (3) (b).

AB342,24,2 (m) To provide statements concerning sentencing, disposition or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1., 938.335 (3m) (a) and 972.14 (3) (a).

AB342,24,4 (n) To have direct input in the parole decision-making process, as provided by the rules promulgated under s. 304.06 (1) (em).

AB342,24,7 (o) To have information concerning the impact of a delinquent act on the victim included in a court report under s. 938.33 and to have the person preparing the court report attempt to contact the victim, as provided under s. 938.331.

AB342,24,9 (p) To have the person preparing a presentence investigation under s. 972.15 attempt to contact the victim, as provided in s. 972.15 (2m).

AB342,24,11 (q) To restitution, as provided under ss. 938.245 (2) (a) 5., 938.32 (1t), 938.34 (5), 938.345, 943.212, 943.23 (6), 943.245, 943.51 and 973.20.

AB342,24,13 (r) To a judgment for unpaid restitution, as provided under ss. 895.035 (2m) and 973.09 (3) (b).

AB342,24,14 (rm) To compensation, as provided under ch. 949.

AB342,24,19 (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.

AB342,24,21 (t) To receive information from law enforcement agencies, as provided under s. 950.08 (2g).

AB342,24,23 (u) To receive information from district attorneys, as provided under s. 950.08 (2r).

AB342,24,25 (um) To notification by district attorneys under s. 971.17 (4m) regarding conditional releases under s. 971.17.

AB342,25,7 (v) To notification by the department of corrections under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 regarding release upon expiration of certain sentences, under s. 304.063 regarding parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.

AB342,25,9 (w) To reasonable notification by the department of corrections under s. 303.068 (4m) regarding leave granted to qualified inmates under 303.068.

AB342,25,12 (x) To notification by the department of health and family services under s. 971.17 (6m) regarding termination or discharge under s. 971.17 and under s. 51.37 (10) regarding home visits under s. 51.37 (10).

AB342,25,15 (xm) To notification by the department of health and family services under s. 980.11 regarding supervised release under s. 980.06 and discharge under s. 980.09 or 980.10.

AB342,25,17 (y) To notification concerning actions taken in a juvenile proceeding, as provided under ss. 938.24 (5m), 938.25 (2m), 938.312 and 938.346.

AB342,25,19 (ym) To notification by the governor of a pardon application, as provided under s. 304.09 (2).

AB342,25,21 (z) To make a written statement concerning pardon applications, as provided under s. 304.10 (2).

AB342,25,24 (zm) To request information from a district attorney concerning the disposition of a case involving a crime of which he or she was a victim, as provided under s. 971.095 (6).

AB342,26,4 (zx) To complain to the department of justice concerning the treatment of crime victims, as provided under s. 950.08 (3), and to request review by the crime victims rights board of the complaint mediation conducted by the department of justice, as provided under s. 950.09 (2).

AB342, s. 54 Section 54. 950.04 (2) of the statutes is renumbered 950.04 (2w) (b).

AB342, s. 55 Section 55. 950.04 (2m) of the statutes is renumbered 950.04 (1v) (pm).

AB342, s. 56 Section 56. 950.04 (2w) (f) of the statutes is created to read:

AB342,26,8 950.04 (2w) (f) To be provided a waiting area under ss. 938.2965 and 967.10.

AB342, s. 57 Section 57. 950.04 (3) of the statutes is renumbered 950.04 (2w) (c).

AB342, s. 58 Section 58. 950.04 (4) of the statutes is renumbered 950.04 (2w) (d) and amended to read:

AB342,26,14 950.04 (2w) (d) To be informed of financial assistance and other social services available as a result of being a witness or a victim of a crime, including information on how to apply for the assistance and services.

AB342, s. 59 Section 59. 950.04 (5) of the statutes is renumbered 950.04 (2w) (e).

AB342, s. 60 Section 60. 950.04 (6) of the statutes is repealed.

AB342, s. 61 Section 61. 950.04 (7) of the statutes is renumbered 950.04 (2w) (fm).

AB342, s. 62 Section 62. 950.04 (8) of the statutes is renumbered 950.04 (2w) (g) and amended to read:

AB342,26,23 950.04 (2w) (g) To be provided with appropriate employer intercession services to ensure that employers of victims and witnesses will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employe's loss of pay and other benefits resulting from court appearances.

AB342, s. 63 Section 63. 950.04 (9) of the statutes is renumbered 950.04 (2w) (h) and amended to read:

AB342,27,3 950.04 (2w) (h) To be entitled to a speedy disposition of the case in which they are involved as a victim or witness in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter.

AB342, s. 64 Section 64. 950.04 (10) of the statutes is repealed.

AB342, s. 65 Section 65. 950.045 of the statutes, as affected by 1995 Wisconsin Act 440, is repealed.

AB342, s. 66 Section 66. 950.05 (title) of the statutes is repealed.

AB342, s. 67 Section 67. 950.05 (1) of the statutes is repealed.

AB342, s. 68 Section 68. 950.05 (1) (a) to (i) of the statutes are renumbered 950.06 (1m) (a) to (i).

AB342, s. 69 Section 69. 950.05 (2) of the statutes is repealed.

AB342, s. 70 Section 70. 950.055 (2) (intro.) of the statutes is amended to read:

AB342,27,17 950.055 (2) Additional services. (intro.) In addition to all rights afforded to victims and witnesses under s. 950.04 and services provided under s. 950.05 950.06 (1m), counties are encouraged to provide the following additional services on behalf of children who are involved in criminal or delinquency proceedings as victims or witnesses:

AB342, s. 71 Section 71. 950.055 (3) of the statutes is amended to read:

AB342,27,24 950.055 (3) Program responsibility. In each county, the county board is responsible for the enforcement of rights and the provision of services under this section. A county may seek reimbursement for services provided under this section as part of its program plan submitted to the department under s. 950.06. To the extent possible, counties shall utilize volunteers and existing public resources for the provision of these services.

AB342, s. 72 Section 72. 950.06 (title) of the statutes is amended to read:

AB342,28,1 950.06 (title) Responsibility Reimbursement for rights and services.

AB342, s. 73 Section 73. 950.06 (1) of the statutes is repealed:

AB342, s. 74 Section 74. 950.06 (1m) (intro.) of the statutes is created to read:

AB342,28,6 950.06 (1m) (intro.) To be eligible for reimbursement under this section for the provision of services to victims and witnesses, a county shall provide all of the following services to victims and witnesses:

AB342, s. 75 Section 75. 950.06 (2) of the statutes is amended to read:

AB342,28,19 950.06 (2) The costs of enforcing rights under s. 950.04 and providing services under s. 950.05 sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services under s. 950.05. For costs incurred on or after January 1, 1982, the county is eligible to receive funding from the state for not more than 90% of the costs incurred in providing services under s. 950.05. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse the counties from the appropriations under s. 20.455 (5) (c) and (g) on a semiannual basis for services provided. If a county has a program plan approved after July 2, 1983, the department may reimburse the county only for services provided on or after January 1, 1984.

AB342, s. 76 Section 76. 950.06 (2m) of the statutes is repealed.

AB342, s. 77 Section 77. 950.06 (4) of the statutes is amended to read:

AB342,29,13 950.06 (4) If the county seeks reimbursement under sub. (2), the county board shall submit a program plan to the department for its approval. The county is eligible for reimbursement under sub. (2) only if the department has approved the plan. The program plan shall describe the level of services to victims and witnesses that the county intends to provide; the personnel or agencies responsible for related administrative programs and individual services; proposed staffing for the program; proposed education, training and experience requirements for program staff and the staff of agencies providing related administrative programs and individual services; the county's budget for implementing the program and other information the department determines to be necessary for its review. The plan shall provide that the district attorney, local law enforcement agencies and the courts shall make available to the person or agency responsible for administering the program all reports or files, except reports or files which are required by statute to be kept confidential, if the reports or files are required by the person or agency to carry out program responsibilities. Each year, the county board shall submit a report to the department on the operation of the plan, including the enforcement of rights under s. 950.04 and the provision of services under s. 950.05 sub. (1m).

AB342, s. 78 Section 78. 950.08 (title) of the statutes is amended to read:

AB342,29,15 950.08 (title) Hotline, information Information and mediation services.

AB342, s. 79 Section 79. 950.08 (1) (title) of the statutes is created to read:

AB342,29,17 950.08 (1) (title) Duties of department; toll-free telephone number.

AB342, s. 80 Section 80. 950.08 (2) (title) of the statutes is created to read:

AB342,29,19 950.08 (2) (title) Duties of department; general informational program.

AB342, s. 81 Section 81. 950.08 (2g), (2r) and (2s) of the statutes are created to read:

AB342,29,25 950.08 (2g) Information to be provided by law enforcement agencies. No later than 24 hours after a law enforcement agency has initial contact with a victim of a crime that the law enforcement agency is responsible for investigating, the law enforcement agency shall provide to the victim written information on all of the following:

AB342,30,1 (a) A list of the rights of victims under s. 950.04 (1v).

AB342,30,4 (b) The availability of compensation under ch. 949 and the address and telephone number at which to contact the department for information concerning compensation under ch. 949.

AB342,30,11 (c) The address and telephone number of the intake worker, corporation counsel or district attorney whom the victim may contact to obtain information concerning the rights of victims and to request notice of court proceedings under ss. 938.27 (4m) and (6), 938.273 (2), 938.299 (1) (am) and 938.335 (3m) (b) or ss. 971.095 (3) and 972.14 (3) (b), whichever is applicable, and to request the opportunity to confer under ss. 938.245 (1m), 938.265 or 938.32 (1) (am) or s. 971.095 (2), whichever is applicable.

AB342,30,14 (d) The address and telephone number of the custodial agency that the victim may contact to obtain information concerning the taking into custody or arrest of a suspect in connection with the crime of which he or she is a victim.

AB342,30,18 (e) The address and telephone number of the custodial agency that the victim may contact for information concerning release under s. 938.20 or 938.21 or ch. 969, whichever is appropriate, of a person arrested or taken into custody for the crime of which he or she is a victim.

AB342,30,21 (f) Suggested procedures for the victim to follow if he or she is subject to threats or intimidation arising out of his or her cooperation with law enforcement and prosecution efforts relating to a crime of which he or she is a victim.

AB342,30,24 (g) The address and telephone number at which the victim may contact the department or any local agency that provides victim assistance in order to obtain further information about services available for victims, including medical services.

AB342,31,6 (2r) Information to be provided by a district attorney in criminal cases. As soon as practicable, but in no event later than 10 days after the initial appearance under s. 970.01 or 24 hours before a preliminary examination under s. 970.03, whichever is earlier, of a person charged with a crime in a court of criminal jurisdiction, a district attorney shall provide to each victim of the crime written information on all of the following: