AB342-engrossed,5,76 4. Two members, not employed in law enforcement, by a district attorney or as
7specified in subd. 3., who are citizens of this state.
AB342-engrossed,5,128 (c) The members of the crime victims rights board specified in par. (b) 2. and
93. shall be appointed by the attorney general. One of the members specified in par.
10(b) 4. shall be appointed by the crime victims council and the other member shall be
11appointed by the governor. The member specified in par. (b) 1. shall be appointed by
12the Wisconsin District Attorneys' Association.
AB342-engrossed,5,1613 (d) The members of the crime victims rights board under par. (a) shall be
14appointed for 4-year terms, but no member shall serve beyond the time when the
15member ceases to hold the office or employment by reason of which the member was
16initially eligible for appointment.
AB342-engrossed,5,2017 (e) Notwithstanding the provisions of any statute, ordinance, local law or
18charter provision, membership on the crime victims rights board does not disqualify
19any member from holding any other public office or employment, or cause the
20forfeiture thereof.
AB342-engrossed, s. 2 21Section 2. 51.37 (10) (dg) of the statutes is amended to read:
AB342-engrossed,5,2422 51.37 (10) (dg) If the department grants a patient an extended home visit or
23leave under this subsection, the department shall notify do all of the following, if they
24can be found,
in accordance with par. (dm):
AB342-engrossed,5,2525 1. The Notify the office of the judge who committed the patient.
AB342-engrossed,6,2
12. The Notify the office of the district attorney who participated in the
2commitment proceedings.
AB342-engrossed,6,63 3. The Make a reasonable attempt to notify the victim of the crime committed
4by the patient or, if the victim died as a result of the crime, an adult member of the
5victim's family or, if the victim is younger than 18 years old, the victim's parent or
6legal guardian, after the submission of a card under par. (dx) requesting notification.
AB342-engrossed, s. 3 7Section 3. 301.046 (4) (b) (intro.) of the statutes is amended to read:
AB342-engrossed,6,128 301.046 (4) (b) (intro.) Before a prisoner is confined under sub. (1) for a violation
9of s. 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07, the
10department shall make a reasonable effort attempt to notify all of the following
11persons, if they can be found, in accordance with par. (c) and after receiving a
12completed card under par. (d):
AB342-engrossed, s. 4 13Section 4. 301.048 (4m) (b) (intro.) of the statutes is amended to read:
AB342-engrossed,6,1914 301.048 (4m) (b) (intro.) As soon as possible after a prisoner, probationer or
15parolee who has violated s. 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2),
16948.025, 948.06 or 948.07 enters the intensive sanctions program, the department
17shall make a reasonable effort attempt to notify all of the following persons, if they
18can be found, in accordance with par. (c) and after receiving a completed card under
19par. (d):
AB342-engrossed, s. 5 20Section 5. 301.38 (2) (intro.) of the statutes is amended to read:
AB342-engrossed,6,2421 301.38 (2) (intro.) If a prisoner escapes from a Type 1 prison, the department
22shall make a reasonable effort attempt to notify all of the following persons, if they
23can be found, in accordance with sub. (3) and after receiving a completed card under
24sub. (4):
AB342-engrossed, s. 6
1Section 6. 301.46 (3) (b) of the statutes, as created by 1995 Wisconsin Act 440,
2is amended to read:
AB342-engrossed,7,83 301.46 (3) (b) When a person is registered under s. 301.45 (2) or when the
4person informs the department of a change in information under s. 301.45 (4), the
5department shall make a reasonable attempt to notify the victim or a member of the
6victim's family who has, according to the records of the department or the
7information provided under par. (d), requested to be notified about a person required
8to register under s. 301.45.
AB342-engrossed, s. 7 9Section 7. 302.115 (2) (intro.) of the statutes is amended to read:
AB342-engrossed,7,1510 302.115 (2) (intro.) Before an inmate who is in a prison serving a sentence for
11a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025,
12948.06 or 948.07 is released from imprisonment because he or she has reached the
13expiration date of his or her sentence, the department shall make a reasonable effort
14attempt to notify all of the following persons, if they can be found, in accordance with
15sub. (3) and after receiving a completed card under sub. (4):
AB342-engrossed, s. 8 16Section 8. 303.068 (4m) (b) (intro.) of the statutes is amended to read:
AB342-engrossed,7,2117 303.068 (4m) (b) (intro.) Before an inmate who is imprisoned for a violation of
18s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or
19948.07 is released on leave under this section, the department shall make a
20reasonable effort attempt to notify all of the following persons, if they can be found,
21in accordance with par. (c) and after receiving a completed card under par. (d):
AB342-engrossed, s. 9 22Section 9. 304.06 (1) (c) (intro.) of the statutes is amended to read:
AB342-engrossed,7,2523 304.06 (1) (c) (intro.) If an inmate applies for parole under this subsection, the
24parole commission shall make a reasonable attempt to notify the following, if they
25can be found, in accordance with par. (d):
AB342-engrossed, s. 10
1Section 10. 304.063 (2) (intro.) of the statutes is amended to read:
AB342-engrossed,8,62 304.063 (2) (intro.) Before a prisoner is released on parole under s. 302.11,
3304.02 or 304.06, if applicable, for a violation of s. 940.01, 940.03, 940.05, 940.225 (1)
4or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07, the department shall make a
5reasonable effort attempt to notify all of the following persons, if they can be found,
6in accordance with sub. (3) and after receiving a completed card under sub. (4):
AB342-engrossed, s. 11 7Section 11. 304.09 (3) of the statutes is amended to read:
AB342-engrossed,8,218 304.09 (3) The notice shall inform the persons under sub. (2) of the manner in
9which they may provide written statements or participate in any applicable hearing.
10The applicant shall serve notice on the persons under sub. (2) (a) and (b) and the at
11least 3 weeks before the hearing of the application. The governor shall make a
12reasonable attempt to
serve notice on the person under sub. (2) (c). Each such notice
13shall be served
at least 3 weeks before the hearing of the application. The notice shall
14be published at least once each week for 2 successive weeks before the hearing in a
15newspaper of general circulation in the county where the offense was committed. If
16there is no such newspaper, the notice shall be posted in a conspicuous place on the
17door of the courthouse of the county for 3 weeks before the hearing and published
18once each week for 2 consecutive weeks before the hearing in a newspaper published
19in an adjoining county. Publication as required in this subsection shall be completed
20by a date designated by the governor. The date shall be a reasonable time prior to
21the hearing date.
AB342-engrossed, s. 12 22Section 12. 906.15 of the statutes is renumbered 906.15 (1) and amended to
23read:
AB342-engrossed,9,224 906.15 (1) At the request of a party, the judge or court commissioner shall order
25witnesses excluded so that they cannot hear the testimony of other witnesses, and

1the
. The judge or court commissioner may also make the order of his or her own
2motion. This section
AB342-engrossed,9,3 3(2) Subsection (1) does not authorize exclusion of (1) a any of the following:
AB342-engrossed,9,4 4(a) A party who is a natural person, or (2) an.
AB342-engrossed,9,6 5(b) An officer or employe of a party which is not a natural person designated
6as its representative by its attorney, or (3) a.
AB342-engrossed,9,8 7(c) A person whose presence is shown by a party to be essential to the
8presentation of the party's cause.
AB342-engrossed,9,12 9(3) The judge or court commissioner may direct that all such excluded and
10non-excluded witnesses be kept separate until called and may prevent them from
11communicating with one another until they have been examined or the hearing is
12ended.
AB342-engrossed, s. 13 13Section 13. 906.15 (2) (d) of the statutes is created to read:
AB342-engrossed,9,2014 906.15 (2) (d) A victim, as defined in s. 950.02 (4), in a criminal case or a victim,
15as defined in s. 938.02 (20m), in a delinquency proceeding under ch. 938, unless the
16judge or court commissioner finds that exclusion of the victim is necessary to provide
17a fair trial for the defendant or a fair fact-finding hearing for the juvenile. The
18presence of a victim during the testimony of other witnesses may not by itself be a
19basis for a finding that exclusion of the victim is necessary to provide a fair trial for
20the defendant or a fair fact-finding hearing for the juvenile.
AB342-engrossed, s. 14 21Section 14. 938.02 (20m) of the statutes is created to read:
AB342-engrossed,9,2222 938.02 (20m) (a) "Victim" means any of the following:
AB342-engrossed,9,2323 1. A person against whom a delinquent act has been committed.
AB342-engrossed,9,2524 2. If the person specified in subd. 1. is a child, a parent, guardian or legal
25custodian of the child.
AB342-engrossed,10,4
13. If a person specified in subd. 1. is physically or emotionally unable to exercise
2the rights granted under this chapter, s. 950.04 or article I, section 9m, of the
3Wisconsin constitution, a person designated by the person specified in subd. 1. or a
4family member, as defined in s. 950.02 (3), of the person specified in subd. 1.
AB342-engrossed,10,55 4. If a person specified in subd. 1. is deceased, any of the following:
AB342-engrossed,10,66 a. A family member, as defined in s. 950.02 (3), of the person who is deceased.
AB342-engrossed,10,77 b. A person who resided with the person who is deceased.
AB342-engrossed,10,98 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,10,1110 (b) "Victim" does not include a juvenile alleged to have committed the
11delinquent act.
AB342-engrossed, s. 15 12Section 15. 938.02 (21) of the statutes is amended to read:
AB342-engrossed,10,1713 938.02 (21) "Victim-witness coordinator" means a person employed or
14contracted by the county board of supervisors under s. 950.06 to enforce the rights
15of victims and witnesses of crimes and
to provide services for those the victims and
16witnesses of crimes or a person employed or contracted by the department of justice
17to provide the services specified in s. 950.08.
AB342-engrossed, s. 16 18Section 16. 938.067 (6g) of the statutes is created to read:
AB342-engrossed,10,2019 938.067 (6g) Provide information and notices to and confer with victims as
20required under s. 938.346 (1m).
AB342-engrossed, s. 17 21Section 17. 938.24 (5) of the statutes is amended to read:
AB342-engrossed,11,1922 938.24 (5) The intake worker shall request that a petition be filed, enter into
23a deferred prosecution agreement or close the case within 40 days or sooner of receipt
24of referral information. Before entering into a deferred prosecution agreement, the
25intake worker shall comply with s. 938.245 (1m), if applicable.
If the case is closed

1or a deferred prosecution agreement is entered into, the district attorney, corporation
2counsel or other official under s. 938.09 shall receive written notice of such action.
3If the case is closed, the known victims of the juvenile's alleged act shall receive notice
4as provided under sub. (5m), if applicable.
In addition, if a deferred prosecution
5agreement is entered into placing a juvenile in a youth village program as described
6in s. 118.42, the judge or juvenile court commissioner shall receive written notice of
7such action and, on receipt of that notice, shall enter an order requiring compliance
8with that agreement. A notice of deferred prosecution of an alleged delinquency case
9shall include a summary of the facts surrounding the allegation and a list of prior
10intake referrals and dispositions. If a law enforcement officer has made a
11recommendation concerning the juvenile, the intake worker shall forward this
12recommendation to the district attorney under s. 938.09. Notwithstanding the
13requirements of this section, the district attorney may initiate a delinquency petition
14under s. 938.25 within 20 days after notice that the case has been closed or that a
15deferred prosecution agreement has been entered into. The judge shall grant
16appropriate relief as provided in s. 938.315 (3) with respect to any such petition
17which is not referred or filed within the time limits specified within this subsection.
18Failure to object if a petition is not referred or filed within a time limit specified in
19this subsection waives that time limit.
AB342-engrossed, s. 18 20Section 18. 938.24 (5m) of the statutes is created to read:
AB342-engrossed,11,2421 938.24 (5m) If a juvenile is alleged to be delinquent under s. 938.12 or to be in
22need of protection or services under s. 938.13 (12) and the intake worker decides to
23close the case, the intake worker shall make a reasonable attempt to inform all of the
24known victims of the juvenile's act that the case is being closed at that time.
AB342-engrossed, s. 19 25Section 19. 938.245 (1m) of the statutes is created to read:
AB342-engrossed,12,8
1938.245 (1m) If a juvenile is alleged to be delinquent under s. 938.12 or to be
2in need of protection or services under s. 938.13 (12), an intake worker shall, as soon
3as practicable but in any event before entering into a deferred prosecution agreement
4under sub. (1), offer all of the victims of the juvenile's alleged act who have requested
5the opportunity an opportunity to confer with the intake worker concerning the
6proposed deferred prosecution agreement. The duty to confer under this subsection
7does not limit the obligation of the intake worker to perform his or her
8responsibilities under this section.
AB342-engrossed, s. 20 9Section 20. 938.25 (2m) of the statutes is created to read:
AB342-engrossed,12,1410 938.25 (2m) If a juvenile is alleged to be delinquent under s. 938.12 or to be in
11need of protection or services under s. 938.13 (12) and the district attorney or
12corporation counsel decides not to file a petition, the district attorney or corporation
13counsel shall make a reasonable attempt to inform all of the known victims of the
14juvenile's act that a petition will not be filed against the juvenile at that time.
AB342-engrossed, s. 21 15Section 21. 938.265 of the statutes is created to read:
AB342-engrossed,13,2 16938.265 Consultation with victims. In a case in which the juvenile is alleged
17to be delinquent under s. 938.12 or to be in need of protection or services under s.
18938.13 (12), the district attorney or corporation counsel shall, as soon as practicable
19but in any event before the plea hearing under s. 938.30, offer all of the victims of the
20juvenile's alleged act who have requested the opportunity an opportunity to confer
21with the district attorney or corporation counsel concerning the possible outcomes
22of the proceeding against the juvenile, including potential plea agreements and
23recommendations that the district attorney or corporation counsel may make
24concerning dispositions under s. 938.34 or 938.345. The duty to confer under this
25section does not limit the obligation of the district attorney or corporation counsel to

1exercise his or her discretion concerning the handling of the proceeding against the
2juvenile.
AB342-engrossed, s. 22 3Section 22. 938.27 (4m) of the statutes is amended to read:
AB342-engrossed,13,154 938.27 (4m) The district attorney or corporation counsel shall make a
5reasonable
attempt to contact any known victim or alleged victim of a juvenile's act
6or alleged act and any known family member of a homicide victim or alleged homicide
7victim
to inform them of the right to receive notice of any hearing under this chapter
8involving the juvenile. If a victim, or alleged victim or family member of a homicide
9victim or of an alleged homicide victim
indicates that he or she wishes to receive
10notice of any hearing under this chapter involving the juvenile, the district attorney
11or corporation counsel shall make a reasonable attempt to notify, under s. 938.273,
12that victim, or alleged victim or family member of any hearing under this chapter
13involving the juvenile. Any failure to comply with this subsection is not a ground for
14an appeal of a judgment or dispositional order or for any court to reverse or modify
15a judgment or dispositional order.
AB342-engrossed, s. 23 16Section 23. 938.273 (2) of the statutes is amended to read:
AB342-engrossed,13,2117 938.273 (2) Service of summons or notice required by this subchapter may be
18made by any suitable person under the direction of the court. Notification of the
19victim or alleged victim of a juvenile's act or of a family member of a homicide victim
20or of an alleged homicide victim
under s. 938.27 (4m) shall be made by the district
21attorney or corporation counsel.
AB342-engrossed, s. 24 22Section 24. 938.296 (1) (e) of the statutes is created to read:
AB342-engrossed,13,2323 938.296 (1) (e) "Victim" has the meaning given in s. 938.02 (20m) (a) 1.
AB342-engrossed, s. 25 24Section 25. 938.2965 of the statutes is created to read:
AB342-engrossed,14,2
1938.2965 Waiting area for victims and witnesses. (1) In this section,
2"witness" has the meaning given in s. 950.02 (5).
AB342-engrossed,14,9 3(2) If an area is available and use of the area is practical, a county shall provide
4a waiting area for a victim or witness to use during hearings under this chapter that
5if separate from any area used by the juvenile, the juvenile's relatives and witnesses
6for the juvenile. If a separate waiting area is not available or its use is not practical,
7a county shall provide other means to minimize the contact between the victim or
8witness and the juvenile, the juvenile's relatives and witnesses for the juvenile
9during hearings under this chapter.
AB342-engrossed, s. 26 10Section 26. 938.30 (4m) of the statutes is created to read:
AB342-engrossed,14,1811 938.30 (4m) Before accepting a plea under sub. (4) in a proceeding in which a
12juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or
13services under s. 938.13 (12), the court shall inquire of the district attorney or
14corporation counsel whether he or she has complied with s. 938.265 and whether he
15or she has complied with s. 938.27 (4m), whether any of the known victims requested
16notice of the date, time and place of the plea hearing and, if so, whether the district
17attorney or corporation counsel provided to the victim notice of the date, time and
18place of the hearing.
AB342-engrossed, s. 27 19Section 27. 938.31 (2) of the statutes is amended to read:
AB342-engrossed,15,220 938.31 (2) The hearing shall be to the court. If the hearing involves a child
21victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02
22(5), the court may order the taking and allow the use of a videotaped deposition under
23s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At
24the conclusion of the hearing, the court shall make a determination of the facts. If
25the court finds that the juvenile is not within the jurisdiction of the court or the court

1finds that the facts alleged in the petition or citation have not been proved, the court
2shall dismiss the petition or citation with prejudice.
AB342-engrossed, s. 28 3Section 28. 938.312 of the statutes is created to read:
AB342-engrossed,15,9 4938.312 Notice of dismissal. If a petition alleges that a juvenile is delinquent
5under s. 938.12 or in need of protection or services under s. 938.13 (12) and the
6petition is dismissed or does not otherwise result in a consent decree or dispositional
7order, the district attorney or corporation counsel shall make a reasonable attempt
8to inform each known victim of the juvenile's alleged act that the petition has been
9dismissed or will not result in a consent decree or dispositional order.
AB342-engrossed, s. 29 10Section 29. 938.315 (2) of the statutes is amended to read:
AB342-engrossed,15,1511 938.315 (2) A continuance may be granted by the court only upon a showing
12of good cause in open court or during a telephone conference under s. 807.13 on the
13record and only for so long as is necessary, taking into account the request or consent
14of the representative of the public under s. 938.09 or the parties , the interests of the
15victims
and the interest of the public in the prompt disposition of cases.
AB342-engrossed, s. 30 16Section 30. 938.32 (1) (am) of the statutes is created to read:
AB342-engrossed,15,2517 938.32 (1) (am) Before entering into a consent decree in a case in which the
18juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or
19services under s. 938.13 (12), the district attorney or corporation counsel shall, as
20soon as practicable but in any event before agreeing to the consent decree, offer all
21of the victims of the juvenile's alleged act who have requested the opportunity an
22opportunity to confer with the district attorney or corporation counsel concerning the
23proposed consent decree. The duty to confer under this paragraph does not limit the
24obligation of the district attorney or corporation counsel to exercise his or her
25discretion concerning the handling of the proceeding against the juvenile.
AB342-engrossed, s. 31
1Section 31. 938.32 (1) (b) 1. of the statutes is amended to read:
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.
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