AB342: Bill Text Engrossed

AB342-engrossed, s. 60 Section 60. 950.02 (4) of the statutes is renumbered 950.02 (4) (a) (intro.) and amended to read:

AB342-engrossed,25,21 950.02 (4) (a) (intro.) "Victim" means a any of the following:

AB342-engrossed,25,22 1. A person against whom a crime has been committed.

AB342-engrossed, s. 61 Section 61. 950.02 (4) (a) 2., 3., 4. and 5. of the statutes are created to read:

AB342-engrossed,25,25 950.02 (4) (a) 2. If the person specified in subd. 1. is a child, a parent, guardian or legal custodian of the child.

AB342-engrossed,26,4 3. If a person specified in subd. 1. is physically or emotionally unable to exercise the rights granted under s. 950.04 or article I, section 9m, of the Wisconsin constitution, a person designated by the person specified in subd. 1. or a family member of the person specified in subd. 1.

AB342-engrossed,26,5 4. If a person specified in subd. 1. is deceased, any of the following:

AB342-engrossed,26,6 a. A family member of the person who is deceased.

AB342-engrossed,26,7 b. A person who resided with the person who is deceased.

AB342-engrossed,26,9 5. If a person specified in subd. 1. has been determined to be incompetent under ch. 880, the guardian of the person appointed under ch. 880.

AB342-engrossed, s. 62 Section 62. 950.02 (4) (b) of the statutes is created to read:

AB342-engrossed,26,12 950.02 (4) (b) "Victim" does not include the person charged with or alleged to have committed the crime.

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

AB342-engrossed,26,16 950.04 (2w) (title) Rights of witnesses. (intro.) Victims and witnesses Witnesses of crimes have the following rights:

AB342-engrossed, s. 64 Section 64. 950.04 (1) of the statutes is renumbered 950.04 (2w) (a) and amended to read:

AB342-engrossed,26,23 950.04 (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-engrossed, s. 65 Section 65. 950.04 (1v) of the statutes is created to read:

AB342-engrossed,26,25 950.04 (1v) Rights of victims. Victims of crimes have the following rights:

AB342-engrossed,27,3 (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-engrossed,27,10 (b) To attend court proceedings in the case, subject to ss. 906.15 and 938.299 (1). The court may require the victim to exercise his or her right under this paragraph using telephone or live audiovisual means, if available, if the victim is under arrest, incarcerated, imprisoned or otherwise detained by any law enforcement agency or is admitted or committed on an inpatient basis to a treatment facility under ch. 51, 971 or 980, and the victim does not have a person specified in s. 950.02 (4) (a) 3. to exercise the victim's right under this paragraph.

AB342-engrossed,27,14 (bm) To be provided with appropriate 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-engrossed,27,15 (c) To be accompanied by a service representative, as provided under s. 895.73.

AB342-engrossed,27,20 (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-engrossed,27,21 (e) To be provided a waiting area under ss. 938.2965 and 967.10.

AB342-engrossed,27,24 (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-engrossed,28,2 (f) To have the parole commission make a reasonable attempt to notify the victim of applications for parole, as provided under s. 304.06 (1).

AB342-engrossed,28,5 (g) To have reasonable attempts made to notify the victim 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-engrossed,28,8 (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-engrossed,28,10 (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-engrossed,28,13 (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-engrossed,28,17 (L) To have the district attorney or corporation counsel, whichever is applicable, make a reasonable 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-engrossed,28,19 (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-engrossed,28,21 (n) To have direct input in the parole decision-making process, as provided by the rules promulgated under s. 304.06 (1) (em).

AB342-engrossed,28,24 (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-engrossed,29,2 (p) To have the person preparing a presentence investigation under s. 972.15 make a reasonable attempt to contact the victim, as provided in s. 972.15 (2m).

AB342-engrossed,29,4 (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-engrossed,29,6 (r) To a judgment for unpaid restitution, as provided under ss. 895.035 (2m) and 973.09 (3) (b).

AB342-engrossed,29,7 (rm) To compensation, as provided under ch. 949.

AB342-engrossed,29,12 (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-engrossed,29,14 (t) To receive information from law enforcement agencies, as provided under s. 950.08 (2g).

AB342-engrossed,29,16 (u) To receive information from district attorneys, as provided under s. 950.08 (2r).

AB342-engrossed,29,18 (um) To have district attorneys make a reasonable attempt to notify the victim under s. 971.17 (4m) regarding conditional releases under s. 971.17.

AB342-engrossed,29,25 (v) To have the department of corrections make a reasonable attempt to notify the victim 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-engrossed,30,3 (w) To have the department of corrections make a reasonable attempt to notify the victim under s. 303.068 (4m) regarding leave granted to qualified inmates under 303.068.

AB342-engrossed,30,6 (x) To have the department of health and family services make a reasonable attempt to notify the victim 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-engrossed,30,9 (xm) To have the department of health and family services make a reasonable attempt to notify the victim under s. 980.11 regarding supervised release under s. 980.06 and discharge under s. 980.09 or 980.10.

AB342-engrossed,30,12 (y) To have reasonable attempts made to notify the victim concerning actions taken in a juvenile proceeding, as provided under ss. 938.24 (5m), 938.25 (2m), 938.312 and 938.346.

AB342-engrossed,30,14 (ym) To have the governor make a reasonable attempt to notify the victim of a pardon application, as provided under s. 304.09 (2) and (3).

AB342-engrossed,30,16 (z) To make a written statement concerning pardon applications, as provided under s. 304.10 (2).

AB342-engrossed,30,19 (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-engrossed,30,22 (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, as provided under s. 950.09 (2).

AB342-engrossed, s. 66 Section 66. 950.04 (2) of the statutes is renumbered 950.04 (2w) (b).

AB342-engrossed, s. 67 Section 67. 950.04 (2m) of the statutes is renumbered 950.04 (1v) (pm).

AB342-engrossed, s. 68 Section 68. 950.04 (2w) (f) of the statutes is created to read:

AB342-engrossed,31,1 950.04 (2w) (f) To be provided a waiting area under ss. 938.2965 and 967.10.

AB342-engrossed, s. 69 Section 69. 950.04 (3) of the statutes is renumbered 950.04 (2w) (c).

AB342-engrossed, s. 70 Section 70. 950.04 (4) of the statutes is renumbered 950.04 (2w) (d) and amended to read:

AB342-engrossed,31,7 950.04 (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-engrossed, s. 71 Section 71. 950.04 (5) of the statutes is renumbered 950.04 (2w) (e).

AB342-engrossed, s. 72 Section 72. 950.04 (6) of the statutes is repealed.

AB342-engrossed, s. 73 Section 73. 950.04 (7) of the statutes is renumbered 950.04 (2w) (fm).

AB342-engrossed, s. 74 Section 74. 950.04 (8) of the statutes is renumbered 950.04 (2w) (g) and amended to read:

AB342-engrossed,31,16 950.04 (2w) (g) To be provided with appropriate 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-engrossed, s. 75 Section 75. 950.04 (9) of the statutes is renumbered 950.04 (2w) (h) and amended to read:

AB342-engrossed,31,21 950.04 (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-engrossed, s. 76 Section 76. 950.04 (10) of the statutes is repealed.

AB342-engrossed, s. 77 Section 77. 950.045 of the statutes, as affected by 1995 Wisconsin Act 440, is repealed.

AB342-engrossed, s. 78 Section 78. 950.05 (title) of the statutes is repealed.

AB342-engrossed, s. 79 Section 79. 950.05 (1) (intro.) of the statutes is repealed.

AB342-engrossed, s. 80 Section 80. 950.05 (1) (a) to (i) of the statutes are renumbered 950.06 (1m) (a) to (i).

AB342-engrossed, s. 81 Section 81. 950.05 (2) of the statutes is repealed.

AB342-engrossed, s. 82 Section 82. 950.055 (2) (intro.) of the statutes is amended to read:

AB342-engrossed,32,10 950.055 (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-engrossed, s. 83 Section 83. 950.055 (3) of the statutes is amended to read:

AB342-engrossed,32,17 950.055 (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-engrossed, s. 84 Section 84. 950.06 (title) of the statutes is amended to read:

AB342-engrossed,32,19 950.06 (title) Responsibility Reimbursement for rights and services.

AB342-engrossed, s. 85 Section 85. 950.06 (1) of the statutes is repealed.

AB342-engrossed, s. 86 Section 86. 950.06 (1m) (intro.) of the statutes is created to read:

AB342-engrossed,32,24 950.06 (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-engrossed, s. 87 Section 87. 950.06 (2) of the statutes is amended to read:

AB342-engrossed,33,12 950.06 (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-engrossed, s. 88 Section 88. 950.06 (2m) of the statutes is repealed.

AB342-engrossed, s. 89 Section 89. 950.06 (4) of the statutes is amended to read:

AB342-engrossed,34,6 950.06 (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-engrossed, s. 90 Section 90. 950.08 (title) of the statutes is amended to read:

AB342-engrossed,34,8 950.08 (title) Hotline, information Information and mediation services.

AB342-engrossed, s. 91 Section 91. 950.08 (1) (title) of the statutes is created to read:

AB342-engrossed,34,10 950.08 (1) (title) Duties of department; toll-free telephone number.