AB342-engrossed, s. 81 4Section 81. 950.05 (2) of the statutes is repealed.
AB342-engrossed, s. 82 5Section 82. 950.055 (2) (intro.) of the statutes is amended to read:
AB342-engrossed,32,106 950.055 (2) Additional services. (intro.) In addition to all rights afforded to
7victims and witnesses under s. 950.04 and services provided under s. 950.05 950.06
8(1m)
, counties are encouraged to provide the following additional services on behalf
9of children who are involved in criminal or delinquency proceedings as victims or
10witnesses:
AB342-engrossed, s. 83 11Section 83. 950.055 (3) of the statutes is amended to read:
AB342-engrossed,32,1712 950.055 (3) Program responsibility. In each county, the county board is
13responsible for the enforcement of rights and the provision of services under this
14section. A county may seek reimbursement for services provided under this section
15as part of its program plan submitted to the department under s. 950.06. To the
16extent possible, counties shall utilize volunteers and existing public resources for the
17provision of these services.
AB342-engrossed, s. 84 18Section 84. 950.06 (title) of the statutes is amended to read:
AB342-engrossed,32,19 19950.06 (title) Responsibility Reimbursement for rights and services.
AB342-engrossed, s. 85 20Section 85. 950.06 (1) of the statutes is repealed.
AB342-engrossed, s. 86 21Section 86. 950.06 (1m) (intro.) of the statutes is created to read:
AB342-engrossed,32,2422 950.06 (1m) (intro.) To be eligible for reimbursement under this section for the
23provision of services to victims and witnesses, a county shall provide all of the
24following services to victims and witnesses:
AB342-engrossed, s. 87 25Section 87. 950.06 (2) of the statutes is amended to read:
AB342-engrossed,33,12
1950.06 (2) The costs of enforcing rights under s. 950.04 and providing services
2under s. 950.05 sub. (1m) shall be paid for by the county, but the county is eligible
3to receive reimbursement from the state for not more than 90% of the costs incurred
4in providing those services under s. 950.05. For costs incurred on or after January
51, 1982, the county is eligible to receive funding from the state for not more than 90%
6of the costs incurred in providing services under s. 950.05
. The department shall
7determine the level of services for which a county may be reimbursed. The county
8board shall file a claim for reimbursement with the department. The department
9shall reimburse the counties from the appropriations under s. 20.455 (5) (c) and (g)
10on a semiannual basis for services provided. If a county has a program plan approved
11after July 2, 1983, the department may reimburse the county only for services
12provided on or after January 1, 1984.
AB342-engrossed, s. 88 13Section 88. 950.06 (2m) of the statutes is repealed.
AB342-engrossed, s. 89 14Section 89. 950.06 (4) of the statutes is amended to read:
AB342-engrossed,34,615 950.06 (4) If the county seeks reimbursement under sub. (2), the county board
16shall submit a program plan to the department for its approval. The county is eligible
17for reimbursement under sub. (2) only if the department has approved the plan. The
18program plan shall describe the level of services to victims and witnesses that the
19county intends to provide; the personnel or agencies responsible for related
20administrative programs and individual services; proposed staffing for the program;
21proposed education, training and experience requirements for program staff and the
22staff of agencies providing related administrative programs and individual services;
23the county's budget for implementing the program and other information the
24department determines to be necessary for its review. The plan shall provide that
25the district attorney, local law enforcement agencies and the courts shall make

1available to the person or agency responsible for administering the program all
2reports or files, except reports or files which are required by statute to be kept
3confidential, if the reports or files are required by the person or agency to carry out
4program responsibilities. Each year, the county board shall submit a report to the
5department on the operation of the plan, including the enforcement of rights under
6s. 950.04 and
the provision of services under s. 950.05 sub. (1m).
AB342-engrossed, s. 90 7Section 90. 950.08 (title) of the statutes is amended to read:
AB342-engrossed,34,8 8950.08 (title) Hotline, information Information and mediation services.
AB342-engrossed, s. 91 9Section 91. 950.08 (1) (title) of the statutes is created to read:
AB342-engrossed,34,1010 950.08 (1) (title) Duties of department; toll-free telephone number.
AB342-engrossed, s. 92 11Section 92. 950.08 (2) (title) of the statutes is created to read:
AB342-engrossed,34,1212 950.08 (2) (title) Duties of department; general informational program.
AB342-engrossed, s. 93 13Section 93. 950.08 (2g), (2r) and (2s) of the statutes are created to read:
AB342-engrossed,34,1814 950.08 (2g) Information to be provided by law enforcement agencies. No
15later than 24 hours after a law enforcement agency has initial contact with a victim
16of a crime that the law enforcement agency is responsible for investigating, the law
17enforcement agency shall make a reasonable attempt to provide to the victim written
18information on all of the following:
AB342-engrossed,34,1919 (a) A list of the rights of victims under s. 950.04 (1v).
AB342-engrossed,34,2220 (b) The availability of compensation under ch. 949 and the address and
21telephone number at which to contact the department for information concerning
22compensation under ch. 949.
AB342-engrossed,35,423 (c) The address and telephone number of the intake worker, corporation
24counsel or district attorney whom the victim may contact to obtain information
25concerning the rights of victims and to request notice of court proceedings under ss.

1938.27 (4m) and (6), 938.273 (2), 938.299 (1) (am) and 938.335 (3m) (b) or ss. 971.095
2(3) and 972.14 (3) (b), whichever is applicable, and to request the opportunity to
3confer under ss. 938.245 (1m), 938.265 or 938.32 (1) (am) or s. 971.095 (2), whichever
4is applicable.
AB342-engrossed,35,75 (d) The address and telephone number of the custodial agency that the victim
6may contact to obtain information concerning the taking into custody or arrest of a
7suspect in connection with the crime of which he or she is a victim.
AB342-engrossed,35,118 (e) The address and telephone number of the custodial agency that the victim
9may contact for information concerning release under s. 938.20 or 938.21 or ch. 969,
10whichever is appropriate, of a person arrested or taken into custody for the crime of
11which he or she is a victim.
AB342-engrossed,35,1412 (f) Suggested procedures for the victim to follow if he or she is subject to threats
13or intimidation arising out of his or her cooperation with law enforcement and
14prosecution efforts relating to a crime of which he or she is a victim.
AB342-engrossed,35,1715 (g) The address and telephone number at which the victim may contact the
16department or any local agency that provides victim assistance in order to obtain
17further information about services available for victims, including medical services.
AB342-engrossed,35,23 18(2r) Information to be provided by a district attorney in criminal cases. As
19soon as practicable, but in no event later than 10 days after the initial appearance
20under s. 970.01 or 24 hours before a preliminary examination under s. 970.03,
21whichever is earlier, of a person charged with a crime in a court of criminal
22jurisdiction, a district attorney shall make a reasonable attempt to provide to each
23victim of the crime written information on all of the following:
AB342-engrossed,35,2424 (a) A brief statement of the procedure for prosecuting a crime.
AB342-engrossed,36,2
1(b) A list of the rights of victims under s. 950.04 (1v) and information about how
2to exercise those rights.
AB342-engrossed,36,43 (c) The person or agency to notify if the victim changes his or her address and
4wants to continue to receive notices and services under s. 950.04 or 971.095 (3).
AB342-engrossed,36,75 (d) The availability of compensation under ch. 949, including information
6concerning eligibility for compensation and the procedure for applying for
7compensation.
AB342-engrossed,36,98 (e) The person to contact for further information about a case involving the
9prosecution of a crime of which he or she is a victim.
AB342-engrossed,36,12 10(2s) Information concerning juvenile cases. Notification of a victim of an act
11committed by a juvenile concerning the rights of victims under ch. 938 shall be
12provided as specified in s. 938.346.
AB342-engrossed, s. 94 13Section 94. 950.08 (3) of the statutes is amended to read:
AB342-engrossed,36,2214 950.08 (3) (title) Duties of department; mediation. The department may
15receive complaints, seek to mediate complaints and, with the consent of the involved
16parties, actually mediate complaints regarding the treatment of crime victims and
17witnesses by public officials, employes or agencies or under crime victim and witness
18assistance programs. The department may act as a liaison between crime victims
19or witnesses and others when seeking to mediate these complaints and may request
20a written response regarding the complaint from the subject of a complaint. If asked
21by the department to provide a written response regarding a complaint, the subject
22of a complaint shall respond to the department's request within a reasonable time
.
AB342-engrossed, s. 95 23Section 95. 950.09 of the statutes is created to read:
AB342-engrossed,36,25 24950.09 Crime victims rights board. (1) In this section, "board" means the
25crime victims rights board.
AB342-engrossed,37,9
1(2) At the request of one of the involved parties, the board may review a
2complaint made to the department under s. 950.08 (3) regarding a violation of the
3rights of a crime victim. A party may not request the board to review a complaint
4under this subsection until the department has completed its action on the complaint
5under s. 950.08 (3). In reviewing a complaint under this subsection, the board may
6not begin any investigation or take any action specified in pars. (a) to (d) until the
7board first determines that there is probable cause to believe that the subject of the
8complaint violated the rights of a crime victim. Based on its review of a complaint
9under this subsection, the board may do any of the following:
AB342-engrossed,37,1210 (a) Issue private and public reprimands of public officials, employes or agencies
11that violate the rights of crime victims provided under this chapter, ch. 938 and
12article I, section 9m, of the Wisconsin constitution.
AB342-engrossed,37,1513 (b) Refer to the judicial commission a violation or alleged violation by a judge
14of the rights of crime victims provided under this chapter, ch. 938 and article I,
15section 9m, of the Wisconsin constitution.
AB342-engrossed,37,1816 (c) Seek appropriate equitable relief on behalf of a victim if such relief is
17necessary to protect the rights of the victim. The board may not seek to appeal,
18reverse or modify a judgment of conviction or a sentence in a criminal case.
AB342-engrossed,38,219 (d) Bring civil actions to assess a forfeiture under s. 950.11. Notwithstanding
20s. 778.06, an action or proposed action authorized under this paragraph may be
21settled for such sum as may be agreed upon between the parties. In settling actions
22or proposed actions, the board shall treat comparable situations in a comparable
23manner and shall assure that any settlement bears a reasonable relationship to the
24severity of the offense or alleged offense. Forfeiture actions brought by the board

1shall be brought in the circuit court for the county in which the violation is alleged
2to have occurred.
AB342-engrossed,38,5 3(3) In addition to its powers under sub. (2), the board may issue reports and
4recommendations concerning the securing and provision of crime victims rights and
5services.
AB342-engrossed,38,7 6(4) Actions of the board are not subject to approval or review by the attorney
7general.
AB342-engrossed,38,9 8(5) The board shall promulgate rules establishing procedures for the exercise
9of its powers under this section.
AB342-engrossed, s. 96 10Section 96. 950.095 of the statutes is created to read:
AB342-engrossed,38,14 11950.095 Confidentiality of complaints. (1) (a) The records of the
12department relating to a complaint made under s. 950.08 (3) are confidential unless
13the subject of the complaint waives the right to confidentiality in writing to the
14department.
AB342-engrossed,38,1815 (am) Before a finding of probable cause under s. 950.09 (2), a complaint referred
16to the crime victims rights board under s. 950.09 (2) is confidential unless the subject
17of the complaint waives the right to confidentiality in writing to the crime victims
18rights board.
AB342-engrossed,39,319 (b) If a complaint becomes known to the public before the completion of action
20by the department under s. 950.08 (3) or a finding of probable cause by the crime
21victims rights board under s. 950.09 (2), the department or the crime victims rights
22board, whichever is applicable, may issue statements in order to confirm that a
23complaint has been made or is being reviewed, to clarify the procedural aspects of
24actions taken under ss. 950.08 (3) and 950.09 (2), to explain the right of the subject
25of the complaint to respond to the complaint, to state that the subject of the complaint

1denies the allegations, if applicable, to state that action under ss. 950.08 (3) and
2950.09 (2) has been completed and no basis for the complaint was found or to correct
3public misinformation.
AB342-engrossed,39,6 4(1m) In investigating a complaint made under s. 950.08 (3) or being reviewed
5under s. 950.09 (2), the department or the crime victims rights board, whichever is
6applicable, shall do all of the following:
AB342-engrossed,39,87 (a) Act to avoid unnecessary embarrassment to and publicity for the subject of
8the complaint.
AB342-engrossed,39,119 (b) Request any person contacted for information not to disclose that an
10investigation is being conducted or the nature of any inquiries made by the
11department or the crime victims rights board.
AB342-engrossed,39,13 12(2) This section does not preclude the department or the crime victims rights
13board from doing any of the following:
AB342-engrossed,39,1514 (a) Informing the person who made the complaint of the outcome of any action
15by the department or review by the crime victims rights board.
AB342-engrossed,39,1716 (b) Referring to the judicial commission information relating to alleged
17misconduct by or an alleged disability of a judge or court commissioner.
AB342-engrossed,39,2018 (c) Referring to an appropriate law enforcement authority information relating
19to possible criminal conduct or otherwise cooperating with a law enforcement
20authority in matters of mutual interest.
AB342-engrossed,39,2321 (d) Referring to an attorney disciplinary agency information relating to the
22possible misconduct or incapacity of an attorney or otherwise cooperating with an
23attorney disciplinary agency in matters of mutual interest.
AB342-engrossed,39,2524 (e) Disclosing to the chief justice or director of state courts information relating
25to matters affecting the administration of the courts.
AB342-engrossed, s. 97
1Section 97. 950.10 of the statutes is created to read:
AB342-engrossed,40,8 2950.10 Limitation on liability; grounds for appeal. (1) No cause of action
3for money damages may arise against the state, any political subdivision of the state
4or any employe or agent of the state or a political subdivision of the state for any act
5or omission in the performance of any power or duty under this chapter or under
6article I, section 9m, of the Wisconsin constitution or for any act or omission in the
7performance of any power or duty under ch. 938 relating to the rights of, services for
8or notices to victims.
AB342-engrossed,40,12 9(2) A failure to provide a right, service or notice to a victim under this chapter
10or ch. 938 or under article I, section 9m, of the Wisconsin constitution is not a ground
11for an appeal of a judgment of conviction or sentence and is not grounds for any court
12to reverse or modify a judgment of conviction or sentence.
AB342-engrossed, s. 98 13Section 98. 950.11 of the statutes is created to read:
AB342-engrossed,40,16 14950.11 Penalties. A public official, employe or agency that intentionally fails
15to provide a right specified under s. 950.04 (1v) to a victim of a crime may be subject
16to a forfeiture of not more than $1,000.
AB342-engrossed, s. 99 17Section 99. 967.10 of the statutes is created to read:
AB342-engrossed,40,18 18967.10 Waiting area for victims and witnesses. (1) In this section:
AB342-engrossed,40,1919 (a) "Victim" has the meaning given in s. 950.02 (4).
AB342-engrossed,40,2020 (b) "Witness" has the meaning given in s. 950.02 (5).
AB342-engrossed,41,2 21(2) If an area is available and use of the area is practical, a county shall provide
22a waiting area for a victim or witness to use during court proceedings that is separate
23from any area used by the defendant, the defendant's relatives and defense
24witnesses. If a separate waiting area is not available or its use is not practical, a
25county shall provide other means to minimize the contact between the victim or

1witness and the defendant, the defendant's relatives and defense witnesses during
2court proceedings.
AB342-engrossed, s. 100 3Section 100. 971.08 (1) (d) of the statutes is created to read:
AB342-engrossed,41,54 971.08 (1) (d) Inquire of the district attorney whether he or she has complied
5with s. 971.095 (2).
AB342-engrossed, s. 101 6Section 101. 971.095 of the statutes is created to read:
AB342-engrossed,41,7 7971.095 Consultation with and notices to victim. (1) In this section:
AB342-engrossed,41,88 (a) "District attorney" has the meaning given in s. 950.02 (2m).
AB342-engrossed,41,99 (b) "Victim" has the meaning given in s. 950.02 (4).
AB342-engrossed,41,17 10(2) In any case in which a defendant has been charged with a crime, the district
11attorney shall, as soon as practicable, offer all of the victims in the case who have
12requested the opportunity an opportunity to confer with the district attorney
13concerning the prosecution of the case and the possible outcomes of the prosecution,
14including potential plea agreements and sentencing recommendations. The duty to
15confer under this subsection does not limit the obligation of the district attorney to
16exercise his or her discretion concerning the handling of any criminal charge against
17the defendant.
AB342-engrossed,41,24 18(3) At the request of a victim, a district attorney shall make a reasonable
19attempt to provide the victim with notice of the date, time and place of scheduled
20court proceedings in a case involving the prosecution of a crime of which he or she
21is a victim and any changes in the date, time or place of a scheduled court proceeding
22for which the victim has received notice. This subsection does not apply to a
23proceeding held before the initial appearance to set conditions of release under ch.
24969.
AB342-engrossed,42,4
1(4) If a person is arrested for a crime but the district attorney decides not to
2charge the person with a crime, the district attorney shall make a reasonable attempt
3to inform all of the victims of the act for which the person was arrested that the
4person will not be charged with a crime at that time.
AB342-engrossed,42,8 5(5) If a person is charged with committing a crime and the charge against the
6person is subsequently dismissed, the district attorney shall make a reasonable
7attempt to inform all of the victims of the crime with which the person was charged
8that the charge has been dismissed.
AB342-engrossed,42,11 9(6) A district attorney shall make a reasonable attempt to provide information
10concerning the disposition of a case involving a crime to any victim of the crime who
11requests the information.
AB342-engrossed, s. 102 12Section 102. 971.10 (3) (b) 3. of the statutes is created to read:
AB342-engrossed,42,1313 971.10 (3) (b) 3. The interests of the victim, as defined in s. 950.02 (4).
AB342-engrossed, s. 103 14Section 103. 971.17 (4m) (b) of the statutes, as affected by 1995 Wisconsin Act
15440
, is amended to read:
AB342-engrossed,42,1816 971.17 (4m) (b) If the court conditionally releases a defendant under this
17section, the district attorney shall notify do all of the following in accordance with
18par. (c):
AB342-engrossed,42,2219 1. The Make a reasonable attempt to notify the victim of the crime committed
20by the defendant or, if the victim died as a result of the crime, an adult member of
21the victim's family or, if the victim is younger than 18 years old, the victim's parent
22or legal guardian.
AB342-engrossed,42,2323 2. The Notify the department of corrections.
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