AB852: Bill Text

AB852,3,13 949.01 (5) (b) Pregnancy resulting from sexual assault.

AB852, s. 4 Section 4. 949.01 (5) (c) of the statutes is created to read:

AB852,3,15 949.01 (5) (c) Emotional trauma.

AB852, s. 5 Section 5. 949.01 (6) of the statutes is renumbered 949.01 (6) (intro.) and amended to read:

AB852,3,19 949.01 (6) (intro.) "Victim" Except as provided in s. 949.165, "victim" means a any of the following:

AB852,4,3 (a) A person who suffers a personal injury or is injured or killed by an incident specified in s. 949.03 (1) (a), or by any act or omission of any other person that is within the description of any of the offenses listed in s. 949.03 (1) (b) or within the description of the offense listed and the condition provided in s. 949.03 (1) (c). This definition does not apply to s. 949.165, or by a crime described in s. 949.03 (1) (d).

AB852, s. 6 Section 6. 949.01 (6) (b) of the statutes is created to read:

AB852,4,5 949.01 (6) (b) A child described under s. 949.03 (2).

AB852, s. 7 Section 7. 949.01 (6) (c) of the statutes is created to read:

AB852,4,7 949.01 (6) (c) A person described under s. 949.03 (3).

AB852, s. 8 Section 8. 949.02 of the statutes is amended to read:

AB852,4,13 949.02 Administration. The department shall administer this chapter. The department shall appoint a program director to assist in administering this chapter. The department shall promulgate rules for the implementation and operation of this chapter. The rules shall include procedures to ensure that any limitation of an award under s. 949.06 (5) (e) is calculated in a fair and equitable manner.

AB852, s. 9 Section 9. 949.03 (1) (a) of the statutes is amended to read:

AB852,4,20 949.03 (1) (a) Preventing or attempting to prevent the commission of a crime; apprehending or attempting to apprehend a suspected criminal; aiding or attempting to aid a police officer to apprehend or arrest a suspected criminal; aiding or attempting to aid a victim of a crime specified in par. (b); or aiding or attempting to aid a victim of the crime specified and the condition provided in par. (c); or aiding or attempting to aid a victim of a crime specified in par. (d).

AB852, s. 10 Section 10. 949.03 (1) (b) of the statutes is amended to read:

AB852,5,2 949.03 (1) (b) The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24, 940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), (1m), or (1r), 943.32, 948.02, 948.025, 948.03, 948.04, 948.055, 948.06, 948.07, 948.08, 948.09, 948.095, 948.20, 948.30, or 948.51.

AB852, s. 11 Section 11. 949.03 (1) (d) of the statutes is created to read:

AB852,5,5 949.03 (1) (d) The commission of any crime if the maximum penalty for the crime is increased under s. 939.648.

AB852, s. 12 Section 12. 949.03 (2) of the statutes is created to read:

AB852,5,8 949.03 (2) The department may order the payment of an award to a child who observes or hears an act of domestic abuse, as defined in s. 813.12 (1) (a).

AB852, s. 13 Section 13. 949.03 (3) of the statutes is created to read:

AB852,5,12 949.03 (3) The department may order the payment of an award to a person who witnesses a violent crime involving death or great bodily harm, as defined in s. 939.22 (14).

AB852, s. 14 Section 14. 949.05 (1) (intro.) of the statutes is amended to read:

AB852,5,19 949.05 (1) (intro.) In any case in which a person is injured or killed by an incident specified in s. 949.03 (1) (a), by any act or omission of any other person that is within the description of crimes under s. 949.03 (1) (b) or (d), or by any act or omission of any person that is within the description of the crime listed and the condition provided under s. 949.03 (1) (c), the department may order the payment of an award:

AB852, s. 15 Section 15. 949.05 (2) of the statutes is created to read:

AB852,5,22 949.05 (2) The department may order the payment of an award to a child under s. 949.03 (2).

AB852, s. 16 Section 16. 949.05 (3) of the statutes is created to read:

AB852,5,25 949.05 (3) The department may order the payment of an award to a person who witnesses a crime described in s. 949.03 (3).

AB852, s. 17 Section 17. 949.06 (1) (bf) of the statutes is created to read:

AB852,6,5 949.06 (1) (bf) Up to one week of net salary for a person taking unpaid leave from work to care for a victim who has suffered personal injury as a result of conduct described in s. 949.03, if the victim is a dependent of the person or if the person is the legal guardian for the victim. This benefit may not exceed $500 per incident.

AB852, s. 18 Section 18. 949.06 (1) (d) of the statutes is amended to read:

AB852,6,9 949.06 (1) (d) Reasonable funeral and burial expenses, not to exceed $2,000 $3,000. The funeral and burial award may not be considered by the department under sub. (2).

AB852, s. 19 Section 19. 949.06 (1) (g) of the statutes is created to read:

AB852,6,14 949.06 (1) (g) If a child has been the victim of a crime under s. 940.225, 948.02, 948.025, 948.03, 948.055, 948.06, 948.07, 948.08, 948.09, or 948.095, mental health treatment for the child's custodial parent or legal guardian that the parent or guardian obtains for himself or herself in response to the offense.

AB852, s. 20 Section 20. 949.06 (1e) of the statutes is created to read:

AB852,6,19 949.06 (1e) The department may order the payment of an award to a person under s. 949.03 (3) for mental health treatment directly related to the person's reaction to witnessing the crime to which that section relates. The department shall establish limits to awards under this subsection.

AB852, s. 21 Section 21. 949.06 (5) of the statutes is repealed.

AB852, s. 22 Section 22. 949.11 (3) of the statutes is renumbered 949.11 (3) (a) and amended to read:

AB852,6,25 949.11 (3) (a) All Except as provided in par. (b), all hearings shall be open to the public unless, but the examiner and the department shall comply with s. 949.16 (2).

AB852,7,4 (b) The hearing examiner may close a hearing or a portion of a hearing in a particular case the examiner determines that the hearing, or a portion thereof, shall be held in private having with regard to the fact that the offender has not been convicted or to the interest of the victim of an alleged sexual offense.

AB852, s. 23 Section 23. 949.16 of the statutes is renumbered 949.16 (1) and amended to read:

AB852,7,10 949.16 (1) The Except as provided in sub. (2), the record of a proceeding before an examiner or the department under this chapter is a public record. Any record or report obtained by an examiner or the department, the confidentiality of which is protected by sub. (2) or any other law or rule, shall remain confidential.

AB852, s. 24 Section 24. 949.16 (2) of the statutes is created to read:

AB852,7,14 949.16 (2) The examiner and the department shall keep confidential the street address, the electronic address, and the telephone number of each victim, applicant, and member of the victim's family or household.

AB852, s. 25 Section 25. Effective dates. This act takes effect on the day after publication, except as follows:

AB852,7,18 (1) The treatment of sections 949.01 (6) (b) and (c), 949.03 (2) and (3), 949.05 (2) and (3), and 949.06 (1e) of the statutes takes effect on October 1, 2002.

AB852,7,20 (2) The treatment of section 949.06 (1) (bf), (d), and (g) of the statutes takes effect on October 1, 2003.

AB852,7,21 (End)