AB342: Bill Text Engrossed

AB342-engrossed,39,20 (c) Referring to an appropriate law enforcement authority information relating to possible criminal conduct or otherwise cooperating with a law enforcement authority in matters of mutual interest.

AB342-engrossed,39,23 (d) Referring to an attorney disciplinary agency information relating to the possible misconduct or incapacity of an attorney or otherwise cooperating with an attorney disciplinary agency in matters of mutual interest.

AB342-engrossed,39,25 (e) Disclosing to the chief justice or director of state courts information relating to matters affecting the administration of the courts.

AB342-engrossed, s. 97 Section 97. 950.10 of the statutes is created to read:

AB342-engrossed,40,8 950.10 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 under article I, section 9m, of the Wisconsin constitution or for any act or omission in the performance of any power or duty under ch. 938 relating to the rights of, services for or notices to victims.

AB342-engrossed,40,12 (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-engrossed, s. 98 Section 98. 950.11 of the statutes is created to read:

AB342-engrossed,40,16 950.11 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-engrossed, s. 99 Section 99. 967.10 of the statutes is created to read:

AB342-engrossed,40,18 967.10 Waiting area for victims and witnesses. (1) In this section:

AB342-engrossed,40,19 (a) "Victim" has the meaning given in s. 950.02 (4).

AB342-engrossed,40,20 (b) "Witness" has the meaning given in s. 950.02 (5).

AB342-engrossed,41,2 (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-engrossed, s. 100 Section 100. 971.08 (1) (d) of the statutes is created to read:

AB342-engrossed,41,5 971.08 (1) (d) Inquire of the district attorney whether he or she has complied with s. 971.095 (2).

AB342-engrossed, s. 101 Section 101. 971.095 of the statutes is created to read:

AB342-engrossed,41,7 971.095 Consultation with and notices to victim. (1) In this section:

AB342-engrossed,41,8 (a) "District attorney" has the meaning given in s. 950.02 (2m).

AB342-engrossed,41,9 (b) "Victim" has the meaning given in s. 950.02 (4).

AB342-engrossed,41,17 (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. The duty to confer under this subsection does not limit the obligation of the district attorney to exercise his or her discretion concerning the handling of any criminal charge against the defendant.

AB342-engrossed,41,24 (3) At the request of a victim, a district attorney shall make a reasonable attempt to 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-engrossed,42,4 (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 make a reasonable attempt to 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-engrossed,42,8 (5) If a person is charged with committing a crime and the charge against the person is subsequently dismissed, the district attorney shall make a reasonable attempt to inform all of the victims of the crime with which the person was charged that the charge has been dismissed.

AB342-engrossed,42,11 (6) A district attorney shall make a reasonable attempt to provide information concerning the disposition of a case involving a crime to any victim of the crime who requests the information.

AB342-engrossed, s. 102 Section 102. 971.10 (3) (b) 3. of the statutes is created to read:

AB342-engrossed,42,13 971.10 (3) (b) 3. The interests of the victim, as defined in s. 950.02 (4).

AB342-engrossed, s. 103 Section 103. 971.17 (4m) (b) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB342-engrossed,42,18 971.17 (4m) (b) If the court conditionally releases a defendant under this section, the district attorney shall notify do all of the following in accordance with par. (c):

AB342-engrossed,42,22 1. The Make a reasonable attempt to notify the victim of the crime committed by the defendant or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.

AB342-engrossed,42,23 2. The Notify the department of corrections.

AB342-engrossed, s. 104 Section 104. 971.17 (6m) (b) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB342-engrossed,43,4 971.17 (6m) (b) If the court orders that the defendant's commitment is terminated under sub. (5) or that the defendant be discharged under sub. (6), the department of health and family services shall notify do all of the following in accordance with par. (c):

AB342-engrossed,43,9 1. If the person has submitted a card under par. (d) requesting notification, make a reasonable attempt to notify the victim of the crime committed by the defendant, or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.

AB342-engrossed,43,10 2. The Notify the department of corrections.

AB342-engrossed, s. 105 Section 105. 971.315 of the statutes is created to read:

AB342-engrossed,43,14 971.315 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-engrossed, s. 106 Section 106. 972.14 (1) (a) of the statutes is repealed.

AB342-engrossed, s. 107 Section 107. 972.14 (1) (ag) of the statutes is created to read:

AB342-engrossed,43,18 972.14 (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-engrossed, s. 108 Section 108. 972.14 (2m) of the statutes is created to read:

AB342-engrossed,43,25 972.14 (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-engrossed, s. 109 Section 109. 972.14 (3) (a) of the statutes is amended to read:

AB342-engrossed,44,8 972.14 (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-engrossed, s. 110 Section 110. 972.14 (3) (b) of the statutes is amended to read:

AB342-engrossed,44,15 972.14 (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 make a reasonable 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-engrossed, s. 111 Section 111. 972.15 (2m) of the statutes is amended to read:

AB342-engrossed,44,22 972.15 (2m) The person preparing the presentence investigation report shall make a reasonable attempt to contact the victim to determine the economic, physical and psychological effect of the crime on the victim. The person preparing the report may ask any appropriate person for information. This subsection does not preclude the person who prepares the report from including any information for the court concerning the impact of a crime on the victim.

AB342-engrossed, s. 112 Section 112. 980.11 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB342-engrossed,45,3 980.11 (2) (intro.) If the court places a person on supervised release under s. 980.06 or discharges a person under s. 980.09 or 980.10, the department shall notify do all of the following:

AB342-engrossed, s. 113 Section 113. 980.11 (2) (am) (intro.) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB342-engrossed,45,8 980.11 (2) (am) (intro.) Whichever Make a reasonable attempt to notify whichever of the following persons is appropriate, if he or she can be found, in accordance with sub. (3):

AB342-engrossed, s. 114 Section 114. 980.11 (2) (bm) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB342-engrossed,45,11 980.11 (2) (bm) The Notify the department of corrections.

AB342-engrossed, s. 115 Section 115. Nonstatutory provisions.

AB342-engrossed,45,16 (1) Initial appointments to the crime victims rights board. Notwithstanding section 15.255 (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-engrossed,45,19 (a) The district attorney, the representative of local law enforcement and the member specified under section 15.255 (2) (b) 4. of the statutes, as created by this act, who is appointed by the crime victims council, for terms expiring on May 1, 2001.

AB342-engrossed,45,22 (b) The member specified under section 15.255 (2) (b) 4. of the statutes, as created by this act, who is appointed by the governor and the person who is employed or contracted by a county board of supervisors, for terms expiring on May 1, 2003.

AB342-engrossed, s. 116 Section 116. Effective date.

AB342-engrossed,46,2 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB342-engrossed,46,3 (End)