AB342: Bill Text

AB342, s. 84 Section 84. 950.10 of the statutes is created to read:

AB342,33,18 950.10 Limitation on liability; grounds for appeal. (1) No cause of action for money damages may arise against the state, any political subdivision of the state or any employe or agent of the state or a political subdivision of the state for any act or omission in the performance of any power or duty under this chapter or ch. 938 or under article I, section 9m, of the Wisconsin constitution.

AB342,33,22 (2) A failure to provide a right, service or notice to a victim under this chapter or ch. 938 or under article I, section 9m, of the Wisconsin constitution is not a ground for an appeal of a judgment of conviction or sentence and is not grounds for any court to reverse or modify a judgment of conviction or sentence.

AB342, s. 85 Section 85. 950.11 of the statutes is created to read:

AB342,34,3 950.11 Penalties. A public official, employe or agency that intentionally fails to provide a right specified under s. 950.04 (1v) to a victim of a crime may be subject to a forfeiture of not more than $1,000.

AB342, s. 86 Section 86. 967.10 of the statutes is created to read:

AB342,34,5 967.10 Waiting area for victims and witnesses. (1) In this section:

AB342,34,6 (a) "Victim" has the meaning given in s. 950.02 (4).

AB342,34,7 (b) "Witness" has the meaning given in s. 950.02 (5).

AB342,34,14 (2) If an area is available and use of the area is practical, a county shall provide a waiting area for a victim or witness to use during court proceedings that is separate from any area used by the defendant, the defendant's relatives and defense witnesses. If a separate waiting area is not available or its use is not practical, a county shall provide other means to minimize the contact between the victim or witness and the defendant, the defendant's relatives and defense witnesses during court proceedings.

AB342, s. 87 Section 87. 971.08 (1) (d) of the statutes is created to read:

AB342,34,17 971.08 (1) (d) Inquire of the district attorney whether he or she has complied with s. 971.095 (2).

AB342, s. 88 Section 88. 971.095 of the statutes is created to read:

AB342,34,19 971.095 Consultation with and notices to victim. (1) In this section:

AB342,34,20 (a) "District attorney" has the meaning given in s. 950.02 (2m).

AB342,34,21 (b) "Victim" has the meaning given in s. 950.02 (4).

AB342,35,2 (2) In any case in which a defendant has been charged with a crime, the district attorney shall, as soon as practicable, offer all of the victims in the case who have requested the opportunity an opportunity to confer with the district attorney concerning the prosecution of the case and the possible outcomes of the prosecution, including potential plea agreements and sentencing recommendations.

AB342,35,8 (3) At the request of a victim, a district attorney shall provide the victim with notice of the date, time and place of scheduled court proceedings in a case involving the prosecution of a crime of which he or she is a victim and any changes in the date, time or place of a scheduled court proceeding for which the victim has received notice. This subsection does not apply to a proceeding held before the initial appearance to set conditions of release under ch. 969.

AB342,35,12 (4) If a person is arrested for a crime but the district attorney decides not to charge the person with a crime, the district attorney shall inform all of the victims of the act for which the person was arrested that the person will not be charged with a crime at that time.

AB342,35,15 (5) If a person is charged with committing a crime and the charge against the person is subsequently dismissed, the district attorney shall inform all of the victims of the crime with which the person was charged that the charge has been dismissed.

AB342,35,17 (6) A district attorney shall provide information concerning the disposition of a case involving a crime to any victim of the crime who requests the information.

AB342, s. 89 Section 89. 971.10 (3) (b) 3. of the statutes is created to read:

AB342,35,19 971.10 (3) (b) 3. The interests of the victim, as defined in s. 950.02 (4).

AB342, s. 90 Section 90. 971.315 of the statutes is created to read:

AB342,35,23 971.315 Inquiry upon dismissal. Before a court dismisses a criminal charge against a person, the court shall inquire of the district attorney whether he or she has complied with s. 971.095 (2).

AB342, s. 91 Section 91. 972.14 (1) (a) of the statutes is repealed.

AB342, s. 92 Section 92. 972.14 (1) (ag) of the statutes is created to read:

AB342,36,2 972.14 (1) (ag) "Crime considered at sentencing" means any crime for which the defendant was convicted and any read-in crime, as defined in s. 973.20 (1g) (b).

AB342, s. 93 Section 93. 972.14 (2m) of the statutes is created to read:

AB342,36,9 972.14 (2m) Before pronouncing sentence, the court shall inquire of the district attorney whether he or she has complied with s. 971.095 (2) and with sub. (3) (b), whether any of the victims of a crime considered at sentencing requested notice of the date, time and place of the sentencing hearing and, if so, whether the district attorney provided to the victim notice of the date, time and place of the sentencing hearing.

AB342, s. 94 Section 94. 972.14 (3) (a) of the statutes is amended to read:

AB342,36,17 972.14 (3) (a) Before pronouncing sentence, the court shall also determine whether a victim of a crime considered at sentencing wants to make a statement to the court. If a victim wants to make a statement, the court shall allow a the victim or family member of a homicide victim to make a statement in court or to submit a written statement to be read in court. The court may allow any other person to make or submit a statement under this paragraph. Any statement under this paragraph must be relevant to the sentence.

AB342, s. 95 Section 95. 972.14 (3) (b) of the statutes is amended to read:

AB342,36,24 972.14 (3) (b) After a conviction, if the district attorney knows of a victim or family member of a homicide or felony murder victim of a crime to be considered at sentencing, the district attorney shall attempt to contact that person to inform him or her of the right to make or provide a statement under par. (a). Any failure to comply with this paragraph is not a ground for an appeal of a judgment of conviction or for any court to reverse or modify a judgment of conviction.

AB342, s. 96 Section 96. Nonstatutory provisions.

AB342,37,4 (1) Initial appointments to the crime victims rights board. Notwithstanding section 15.225 (2) of the statutes, as created by this act, the initial members of the crime victims rights board shall be appointed by the first day of the 4th month beginning after the effective date of this subsection for the following terms:

AB342,37,7 (a) The district attorney, the representative of local law enforcement and the public member appointed by the crime victims council, for terms expiring on May 1, 2001.

AB342,37,10 (b) The public member appointed by the attorney general and the person who is employed or contracted by a county board of supervisors, for terms expiring on May 1, 2003.

AB342, s. 97 Section 97. Effective date.

AB342,37,13 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB342,37,14 (End)