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.
AB342-engrossed, s. 104 24Section 104. 971.17 (6m) (b) of the statutes, as affected by 1995 Wisconsin Act
25440
, is amended to read:
AB342-engrossed,43,4
1971.17 (6m) (b) If the court orders that the defendant's commitment is
2terminated under sub. (5) or that the defendant be discharged under sub. (6), the
3department of health and family services shall notify do all of the following in
4accordance with par. (c)
:
AB342-engrossed,43,95 1. If the person has submitted a card under par. (d) requesting notification,
6make a reasonable attempt to notify the victim of the crime committed by the
7defendant, or, if the victim died as a result of the crime, an adult member of the
8victim's family or, if the victim is younger than 18 years old, the victim's parent or
9legal guardian.
AB342-engrossed,43,1010 2. The Notify the department of corrections.
AB342-engrossed, s. 105 11Section 105. 971.315 of the statutes is created to read:
AB342-engrossed,43,14 12971.315 Inquiry upon dismissal. Before a court dismisses a criminal charge
13against a person, the court shall inquire of the district attorney whether he or she
14has complied with s. 971.095 (2).
AB342-engrossed, s. 106 15Section 106. 972.14 (1) (a) of the statutes is repealed.
AB342-engrossed, s. 107 16Section 107. 972.14 (1) (ag) of the statutes is created to read:
AB342-engrossed,43,1817 972.14 (1) (ag) "Crime considered at sentencing" means any crime for which
18the defendant was convicted and any read-in crime, as defined in s. 973.20 (1g) (b).
AB342-engrossed, s. 108 19Section 108. 972.14 (2m) of the statutes is created to read:
AB342-engrossed,43,2520 972.14 (2m) Before pronouncing sentence, the court shall inquire of the district
21attorney whether he or she has complied with s. 971.095 (2) and with sub. (3) (b),
22whether any of the victims of a crime considered at sentencing requested notice of
23the date, time and place of the sentencing hearing and, if so, whether the district
24attorney provided to the victim notice of the date, time and place of the sentencing
25hearing.
AB342-engrossed, s. 109
1Section 109. 972.14 (3) (a) of the statutes is amended to read:
AB342-engrossed,44,82 972.14 (3) (a) Before pronouncing sentence, the court shall also determine
3whether a victim of a crime considered at sentencing wants to make a statement to
4the court. If a victim wants to make a statement, the court shall
allow a the victim
5or family member of a homicide victim to make a statement in court or to submit a
6written statement to be read in court. The court may allow any other person to make
7or submit a statement under this paragraph. Any statement under this paragraph
8must be relevant to the sentence.
AB342-engrossed, s. 110 9Section 110. 972.14 (3) (b) of the statutes is amended to read:
AB342-engrossed,44,1510 972.14 (3) (b) After a conviction, if the district attorney knows of a victim or
11family member of a homicide or felony murder victim
of a crime to be considered at
12sentencing
, the district attorney shall make a reasonable attempt to contact that
13person to inform him or her of the right to make or provide a statement under par.
14(a). Any failure to comply with this paragraph is not a ground for an appeal of a
15judgment of conviction or for any court to reverse or modify a judgment of conviction.
AB342-engrossed, s. 111 16Section 111. 972.15 (2m) of the statutes is amended to read:
AB342-engrossed,44,2217 972.15 (2m) The person preparing the presentence investigation report shall
18make a reasonable attempt to contact the victim to determine the economic, physical
19and psychological effect of the crime on the victim. The person preparing the report
20may ask any appropriate person for information. This subsection does not preclude
21the person who prepares the report from including any information for the court
22concerning the impact of a crime on the victim.
AB342-engrossed, s. 112 23Section 112. 980.11 (2) (intro.) of the statutes, as affected by 1995 Wisconsin
24Act 440
, is amended to read:
AB342-engrossed,45,3
1980.11 (2) (intro.) If the court places a person on supervised release under s.
2980.06 or discharges a person under s. 980.09 or 980.10, the department shall notify
3do all of the following:
AB342-engrossed, s. 113 4Section 113. 980.11 (2) (am) (intro.) of the statutes, as affected by 1995
5Wisconsin Act 440
, is amended to read:
AB342-engrossed,45,86 980.11 (2) (am) (intro.) Whichever Make a reasonable attempt to notify
7whichever
of the following persons is appropriate, if he or she can be found, in
8accordance with sub. (3):
AB342-engrossed, s. 114 9Section 114. 980.11 (2) (bm) of the statutes, as created by 1995 Wisconsin Act
10440
, is amended to read:
AB342-engrossed,45,1111 980.11 (2) (bm) The Notify the department of corrections.
AB342-engrossed, s. 115 12Section 115. Nonstatutory provisions.
AB342-engrossed,45,1613 (1) Initial appointments to the crime victims rights board. Notwithstanding
14section 15.255 (2) of the statutes, as created by this act, the initial members of the
15crime victims rights board shall be appointed by the first day of the 4th month
16beginning after the effective date of this subsection for the following terms:
AB342-engrossed,45,1917 (a) The district attorney, the representative of local law enforcement and the
18member specified under section 15.255 (2) (b) 4. of the statutes, as created by this act,
19who is appointed by the crime victims council, for terms expiring on May 1, 2001.
AB342-engrossed,45,2220 (b) The member specified under section 15.255 (2) (b) 4. of the statutes, as
21created by this act, who is appointed by the governor and the person who is employed
22or contracted by a county board of supervisors, for terms expiring on May 1, 2003.
AB342-engrossed, s. 116 23Section 116. Effective date.
AB342-engrossed,46,2
1(1) This act takes effect on the first day of the 7th month beginning after
2publication.
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