AB342-engrossed,16,102 938.32 (1) (b) 1. Before entering into a consent decree in a proceeding in which
3a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection
4or services under s. 938.13 (12), the court shall determine whether a victim of the
5juvenile's act wants to make a statement to the court. If a victim wants to make a
6statement, the court shall
allow a the victim or a family member of a homicide victim
7to make a statement in court or to submit a written statement to be read to the court.
8The court may allow any other person to make or submit a statement under this
9subdivision. Any statement made under this subdivision must be relevant to the
10consent decree.
AB342-engrossed, s. 32 11Section 32. 938.32 (1) (b) 1m. of the statutes is created to read:
AB342-engrossed,16,2012 938.32 (1) (b) 1m. Before entering into a consent decree in a proceeding in
13which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of
14protection or services under s. 938.13 (12), the court shall inquire of the district
15attorney or corporation counsel whether he or she has complied with par. (am),
16whether he or she has complied with subd. 2. and whether he or she has complied
17with s. 938.27 (4m), whether any of the known victims requested notice of the date,
18time and place of any hearing to be held on the consent decree and, if so, whether the
19district attorney provided to the victim notice of the date, time and place of the
20hearing.
AB342-engrossed, s. 33 21Section 33. 938.32 (1) (b) 2. of the statutes is amended to read:
AB342-engrossed,17,422 938.32 (1) (b) 2. Before entering into a consent decree in a proceeding in which
23a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection
24or services under s. 938.13 (12), the district attorney or corporation counsel shall
25make a reasonable attempt to contact any known victim or family member of a

1homicide victim
to inform that person of the right to make a statement under subd.
21. Any failure to comply with this subdivision is not a ground for discharge of the
3juvenile, parent, guardian or legal custodian from fulfilling the terms and conditions
4of the consent decree.
AB342-engrossed, s. 34 5Section 34. 938.331 of the statutes is amended to read:
AB342-engrossed,17,16 6938.331 Court reports; effect on victim. If the delinquent act would
7constitute a felony if committed by an adult, the person preparing the report under
8s. 938.33 (1) shall attempt to determine the economic, physical and psychological
9effect of the delinquent act on the victim, as defined in s. 938.02 (20m) (a) 1. and 4.
10The person preparing the report may ask any appropriate person for information.
11This section does not preclude the person who prepares the report from including any
12information for the court concerning the impact of a delinquent act on the victim.
13If the delinquent act would not constitute a felony but a victim, as defined in s. 938.02
14(20m) (a) 1.,
has suffered bodily harm or the act involved theft or damage to property,
15the person preparing the report is encouraged to seek the information described in
16this section.
AB342-engrossed, s. 35 17Section 35. 938.335 (3m) (a) of the statutes is amended to read:
AB342-engrossed,18,218 938.335 (3m) (a) Before imposing a disposition in a proceeding in which a
19juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of
20protection or services under s. 938.13 (12), the court shall determine whether a
21victim of the juvenile's act wants to make a statement to the court. If a victim wants
22to make a statement, the court shall
allow a the victim or a family member of a
23homicide victim
to make a statement in court or to submit a written statement to be
24read to the court. The court may allow any other person to make or submit a

1statement under this paragraph. Any statement made under this paragraph must
2be relevant to the disposition.
AB342-engrossed, s. 36 3Section 36. 938.335 (3m) (am) of the statutes is created to read:
AB342-engrossed,18,114 938.335 (3m) (am) Before imposing a disposition in a proceeding in which a
5juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of
6protection or services under s. 938.13 (12), the court shall inquire of the district
7attorney or corporation counsel whether he or she has complied with par. (b) and
8whether he or she has complied with s. 938.27 (4m), whether any of the known
9victims requested notice of the date, time and place of the dispositional hearing and,
10if so, whether the district attorney or corporation counsel provided to the victim
11notice of the date, time and place of the hearing.
AB342-engrossed, s. 37 12Section 37. 938.335 (3m) (b) of the statutes is amended to read:
AB342-engrossed,18,1913 938.335 (3m) (b) After a finding that a juvenile is delinquent under s. 938.12
14or is found to be in need of protection or services under s. 938.13 (12), the district
15attorney or corporation counsel shall make a reasonable attempt to contact any
16known victim or family member of a homicide victim to inform that person of the
17right to make a statement under par. (a). Any failure to comply with this paragraph
18is not a ground for an appeal of a dispositional order or for any court to reverse or
19modify a dispositional order.
AB342-engrossed, s. 38 20Section 38. 938.346 (1) (d) 1. of the statutes is amended to read:
AB342-engrossed,19,421 938.346 (1) (d) 1. Information regarding any decision to close a case under s.
22938.24 (5m),
any deferred prosecution agreement under s. 938.245, any decision not
23to file a petition under s. 938.25 (2m),
any consent decree under s. 938.32 or any
24dispositional order under ss. 938.34 to 938.345. The information may not include
25reports under s. 938.295 or 938.33 or any other information that deals with sensitive

1personal matters of the juvenile and the juvenile's family and that does not directly
2relate to the act or alleged act committed against the victim. This subdivision does
3not affect the right of a victim to attend any hearing that the victim is permitted to
4attend under s. 938.299 (1) (am).
AB342-engrossed, s. 39 5Section 39. 938.346 (1) (em) of the statutes is created to read:
AB342-engrossed,19,96 938.346 (1) (em) The right to confer, if requested, with an intake worker
7regarding deferred prosecution agreements under s. 938.245 (1m) or with a district
8attorney or corporation counsel under s. 938.265 regarding the possible outcomes of
9the proceedings and under s. 938.32 (1) (am) regarding consent decrees.
AB342-engrossed, s. 40 10Section 40. 938.346 (1) (fm) of the statutes is created to read:
AB342-engrossed,19,1111 938.346 (1) (fm) All of the following:
AB342-engrossed,19,1212 1. The right to a separate waiting area as provided under s. 938.2965.
AB342-engrossed,19,1413 2. The right to have his or her interest considered concerning continuances in
14the case under s. 938.315 (2)
AB342-engrossed,19,1715 3. The right to have victim impact information included in a court report under
16s. 938.33 and to have the person preparing the court report attempt to contact the
17victim, as provided under s. 938.331.
AB342-engrossed,19,1818 4. The right to employer intercession services under s. 950.04 (1v) (bm).
AB342-engrossed, s. 41 19Section 41. 938.346 (1) (h) of the statutes is created to read:
AB342-engrossed,19,2020 938.346 (1) (h) All of the following:
AB342-engrossed,19,2221 1. The right to be accompanied by a service representative, as provided under
22s. 895.73.
AB342-engrossed,19,2423 2. The right to restitution, as provided under ss. 938.245, 938.32 (1t) and 938.34
24(5).
AB342-engrossed,19,2525 3. The right to compensation, as provided under ch. 949.
AB342-engrossed,20,1
14. The right to a speedy disposition of the case under s. 950.04 (1v) (k).
AB342-engrossed,20,32 5. The right to have personal property returned, as provided under s. 950.04
3(1v) (s).
AB342-engrossed,20,64 6. The right to complain to the department of justice concerning the treatment
5of crime victims, as provided under s. 950.08 (3), and to request review by the crime
6victims rights board of the complaint, as provided under s. 950.09 (2).
AB342-engrossed, s. 42 7Section 42. 938.346 (1m) of the statutes is amended to read:
AB342-engrossed,20,228 938.346 (1m) The intake worker shall make a reasonable attempt to provide
9notice of the information specified in sub. (1) (a), (b) and, (c) and (h), the information
10specified in sub. (1) (d) relating to a deferred prosecution agreement under s. 938.245,
11the information specified in sub. (1) (em) relating to the right to confer, if requested,
12on deferred prosecution agreements
and the information specified in sub. (3) if the
13inquiry is terminated without a deferred prosecution agreement before the filing of
14a petition
juvenile's case is closed. The district attorney or corporation counsel shall
15make a reasonable attempt to provide notice of the information specified in sub. (1)
16(e), (f), (fm) and (g), the information specified in sub. (1) (d) relating to a consent
17decree under s. 938.32 or a dispositional order under ss. 938.34 to 938.345, the
18information specified in sub. (1) (em) relating to the right to request an opportunity
19to confer, if requested, on amendment of petitions, consent decrees and disposition
20recommendations
and the information under sub. (3) if he or she decides not to file
21a petition or
the proceeding is terminated without a consent decree or dispositional
22order after the filing of a petition.
AB342-engrossed, s. 43 23Section 43. 938.346 (3) of the statutes is amended to read:
AB342-engrossed,21,824 938.346 (3) If an inquiry or proceeding is closed, dismissed by an intake worker
25or otherwise does not result in a deferred prosecution agreement, the intake worker

1shall make a reasonable attempt to inform each known victim of the juvenile's
2alleged act as provided in s. 938.24 (5m). If a district attorney or corporation counsel
3decides not to file a petition or if, after a petition is filed, a proceeding is dismissed
4or otherwise does not result in a
consent decree or dispositional order, a district
5attorney or corporation counsel shall make a
reasonable attempt shall be made to
6inform each known victim of the juvenile's alleged act that the inquiry or proceeding
7has been terminated
as provided in s. 938.25 (2m) or 938.312, whichever is
8applicable
.
AB342-engrossed, s. 44 9Section 44. 938.346 (4) of the statutes is amended to read:
AB342-engrossed,21,1110 938.346 (4) If the victim, as defined in s. 938.02 (20m) (a) 1., is a child, the notice
11under this section shall be given to the child's parents, guardian or legal custodian.
AB342-engrossed, s. 45 12Section 45. 938.346 (5) of the statutes is amended to read:
AB342-engrossed,21,1813 938.346 (5) Chief judges and circuit judges shall establish by policy and rule
14procedures for the implementation of this section. The Subject to subs. (1m) and (3),
15the
policies and rules shall specify when, how and by whom the notice under this
16section shall be provided to victims and with whom victims may confer regarding
17deferred prosecution agreements, amendment of petitions, consent decrees and
18disposition recommendations
.
AB342-engrossed, s. 46 19Section 46. 938.396 (1g) of the statutes is amended to read:
AB342-engrossed,22,320 938.396 (1g) If requested by the victim-witness coordinator, a law enforcement
21agency shall disclose to the victim-witness coordinator any information in its records
22relating to the enforcement of rights under the constitution, this chapter and s.
23950.04 or the provision of services under s. 950.05 950.06 (1m). The victim-witness
24coordinator may use the information only for the purpose of enforcing those rights
25and providing those services and may make that information available only as

1necessary to ensure that victims and witnesses of crimes, as defined in s. 950.02 (1m),
2receive the rights and services to which they are entitled under the constitution, this
3chapter and ch. 950.
AB342-engrossed, s. 47 4Section 47. 938.396 (1t) of the statutes is amended to read:
AB342-engrossed,22,145 938.396 (1t) If a juvenile who has been ordered to make restitution for any
6injury, loss or damage caused by the juvenile and if the juvenile has failed to make
7that restitution within one year after the entry of the order, the victim's insurer of
8the victim, as defined in s. 938.02 (20m) (a) 1.,
may request a law enforcement agency
9to disclose to the insurer any information in its records relating to the injury, loss or
10damage suffered by the victim, including the name and address of the juvenile and
11the juvenile's parents, and the law enforcement agency may, subject to official agency
12policy, disclose to the victim's insurer that information. The insurer may use and
13further disclose the information only for the purpose of investigating a claim arising
14out of the juvenile's act.
AB342-engrossed, s. 48 15Section 48. 938.396 (2) (f) of the statutes is amended to read:
AB342-engrossed,22,2516 938.396 (2) (f) Upon request of the victim-witness coordinator to review court
17records for the purpose of enforcing rights under the constitution, this chapter and
18s. 950.04 and providing services under s. 950.05 950.06 (1m), the court shall open for
19inspection by the victim-witness coordinator the records of the court relating to the
20enforcement of those rights or the provision of those services. The victim-witness
21coordinator may use any information obtained under this paragraph only for the
22purpose of enforcing those rights and providing those services and may make that
23information available only as necessary to ensure that victims and witnesses of
24crimes, as defined in s. 950.02 (1m), receive the rights and services to which they are
25entitled under the constitution, this chapter and ch. 950.
AB342-engrossed, s. 49
1Section 49. 938.396 (2) (fm) of the statutes is amended to read:
AB342-engrossed,23,52 938.396 (2) (fm) Upon request of a victim's an insurer of the victim, as defined
3in s. 938.02 (20m) (a) 1.
, the court shall disclose to an authorized representative of
4the requester the amount of restitution, if any, that the court has ordered a juvenile
5to make to the victim.
AB342-engrossed, s. 50 6Section 50. 938.51 (1) (intro.) of the statutes is amended to read:
AB342-engrossed,23,117 938.51 (1) (intro.)  At least 15 days prior to the date of release of a juvenile from
8a secured correctional facility or a secured child caring institution and at least 15
9days prior to the release of a juvenile from the supervision of the department or a
10county department, the department or county department having supervision over
11the juvenile shall make a reasonable attempt to do all of the following:
AB342-engrossed, s. 51 12Section 51. 938.51 (1) (c) of the statutes is amended to read:
AB342-engrossed,23,1613 938.51 (1) (c) Notify, if the victim died as a result of the juvenile's delinquent
14act and, if the criteria under par. (b) are met, an adult member of the victim's family
15or, if the victim is younger than 18 years old and if the criteria under par. (b) are met,
16the victim's parent or legal guardian of the juvenile's release
.
AB342-engrossed, s. 52 17Section 52. 938.51 (1m) of the statutes is amended to read:
AB342-engrossed,23,2518 938.51 (1m) The department or county department having supervision over a
19juvenile shall determine the local agencies that it will notify under sub. (1) (a) based
20on the residence of the juvenile's parents or on the juvenile's intended residence
21specified in the juvenile's aftercare supervision plan or, if those methods do not
22indicate the community in which the juvenile will reside following release from a
23secured correctional facility, from a secured child caring institution or from the
24supervision of the department or county department, the community in which the
25juvenile states that he or she intends to reside.
AB342-engrossed, s. 53
1Section 53. 938.51 (2) of the statutes is amended to read:
AB342-engrossed,24,132 938.51 (2) The department shall design and prepare cards for any person
3specified in sub. (1) (b), (c) or (d) to send to the department or county department
4having supervision over the juvenile. The cards shall have space for any such person
5to provide his or her name, telephone number and mailing address, the name of the
6applicable juvenile and any other information that the department determines is
7necessary. The department shall provide the cards, without charge, to district
8attorneys. District attorneys shall provide the cards, without charge, to persons
9specified in sub. (1) (b) to (d). These persons may send completed cards to the
10department or county department having supervision over the juvenile. All
11department and county department records or portions of records that relate to
12telephone numbers and mailing addresses of these persons are not subject to
13inspection or copying under s. 19.35 (1).
AB342-engrossed, s. 54 14Section 54. 938.51 (4) (intro.) of the statutes is amended to read:
AB342-engrossed,24,1815 938.51 (4) (intro.) If a juvenile escapes in violation of s. 946.42 (3), as soon as
16possible after the department or county department having supervision over the
17juvenile discovers that escape, that department or county department shall make a
18reasonable effort attempt to notify by telephone all of the following persons:
AB342-engrossed, s. 55 19Section 55. 938.51 (4) (a) of the statutes is amended to read:
AB342-engrossed,24,2420 938.51 (4) (a) Any known victim of the act for which the juvenile was found
21delinquent, if the criteria under sub. (1) (b) are met; an adult member of the victim's
22family, if the victim died as a result of the juvenile's delinquent act and if the criteria
23under sub. (1) (b) are met; or the victim's parent or guardian, if the victim is younger
24than 18 years old and if the criteria under sub. (1) (b) are met
.
AB342-engrossed, s. 56 25Section 56. 950.02 (1m) of the statutes is amended to read:
AB342-engrossed,25,3
1950.02 (1m) "Crime" means an act committed in this state which, if committed
2by a competent adult, would constitute a crime, as defined in s. 939.12 , or which, if
3committed by a responsible child, would constitute a delinquent act under ch. 938
.
AB342-engrossed, s. 57 4Section 57. 950.02 (1t) of the statutes is created to read:
AB342-engrossed,25,95 950.02 (1t) "Custodial agency" means any person authorized to arrest or take
6into actual physical custody an individual who is alleged to have committed a crime.
7"Custodial agency" includes a law enforcement agency, a sheriff, superintendent or
8other keeper of a jail and a person authorized to take custody of a juvenile under s.
9938.19 or 938.20 (4).
AB342-engrossed, s. 58 10Section 58. 950.02 (2m) of the statutes is created to read:
AB342-engrossed,25,1111 950.02 (2m) "District attorney" means any of the following:
AB342-engrossed,25,1312 (a) The district attorney or other person authorized to prosecute a criminal case
13or a delinquency proceeding under ch. 938.
AB342-engrossed,25,1514 (b) A person designated by a person specified in par. (a) to perform the district
15attorney's duties under this chapter.
AB342-engrossed, s. 59 16Section 59. 950.02 (3m) of the statutes is created to read:
AB342-engrossed,25,1817 950.02 (3m) "Law enforcement agency" has the meaning given in s. 165.83 (1)
18(b).
AB342-engrossed, s. 60 19Section 60. 950.02 (4) of the statutes is renumbered 950.02 (4) (a) (intro.) and
20amended to read:
AB342-engrossed,25,2121 950.02 (4) (a) (intro.) "Victim" means a any of the following:
AB342-engrossed,25,22 221. A person against whom a crime has been committed.
AB342-engrossed, s. 61 23Section 61. 950.02 (4) (a) 2., 3., 4. and 5. of the statutes are created to read:
AB342-engrossed,25,2524 950.02 (4) (a) 2. If the person specified in subd. 1. is a child, a parent, guardian
25or legal custodian of the child.
AB342-engrossed,26,4
13. If a person specified in subd. 1. is physically or emotionally unable to exercise
2the rights granted under s. 950.04 or article I, section 9m, of the Wisconsin
3constitution, a person designated by the person specified in subd. 1. or a family
4member of the person specified in subd. 1.
AB342-engrossed,26,55 4. If a person specified in subd. 1. is deceased, any of the following:
AB342-engrossed,26,66 a. A family member of the person who is deceased.
AB342-engrossed,26,77 b. A person who resided with the person who is deceased.
AB342-engrossed,26,98 5. If a person specified in subd. 1. has been determined to be incompetent under
9ch. 880, the guardian of the person appointed under ch. 880.
AB342-engrossed, s. 62 10Section 62. 950.02 (4) (b) of the statutes is created to read:
AB342-engrossed,26,1211 950.02 (4) (b) "Victim" does not include the person charged with or alleged to
12have committed the crime.
AB342-engrossed, s. 63 13Section 63. 950.04 (intro.) of the statutes is renumbered 950.04 (2w) (intro.)
14and amended to read:
AB342-engrossed,26,1615 950.04 (2w) (title) Rights of witnesses. (intro.) Victims and witnesses
16Witnesses of crimes have the following rights:
AB342-engrossed, s. 64 17Section 64. 950.04 (1) of the statutes is renumbered 950.04 (2w) (a) and
18amended to read:
AB342-engrossed,26,2319 950.04 (2w) (a) To be informed by local law enforcement agencies and request
20information from
the district attorney of about the final disposition of the case. If the
21crime charged is a felony or is specified in ch. 940, the victim shall be notified
22whenever the defendant or perpetrator is released from custody. The victim shall be
23notified of a pardon application by the governor under s. 304.09 (3).
AB342-engrossed, s. 65 24Section 65. 950.04 (1v) of the statutes is created to read:
AB342-engrossed,26,2525 950.04 (1v) Rights of victims. Victims of crimes have the following rights:
AB342-engrossed,27,3
1(a) To have his or her interest considered when the court is deciding whether
2to grant a continuance in the case, as provided under ss. 938.315 (2) and 971.10 (3)
3(b) 3.
AB342-engrossed,27,104 (b) To attend court proceedings in the case, subject to ss. 906.15 and 938.299
5(1). The court may require the victim to exercise his or her right under this
6paragraph using telephone or live audiovisual means, if available, if the victim is
7under arrest, incarcerated, imprisoned or otherwise detained by any law
8enforcement agency or is admitted or committed on an inpatient basis to a treatment
9facility under ch. 51, 971 or 980, and the victim does not have a person specified in
10s. 950.02 (4) (a) 3. to exercise the victim's right under this paragraph.
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