LRB-3129/2
CMH:lmk:jf
2005 - 2006 LEGISLATURE
April 11, 2006 - Introduced by Representatives Pettis, Musser, Hahn and Albers,
cosponsored by Senator Roessler. Referred to Committee on Corrections and
the Courts.
AB1179,1,5
1An Act to create 175.60, 950.04 (1v) (dd), 950.04 (1v) (dj), 950.04 (1v) (eg), 950.04
2(1v) (zr) and 967.12 of the statutes;
relating to: the right of crime victims to
3fairness, dignity, and respect for their privacy, the confidentiality of victim
4information, and law enforcement agencies' duty to investigate certain
5matters.
Analysis by the Legislative Reference Bureau
This bill creates a duty that a law enforcement agency (agency) must
investigate, or refer the matter to an agency with jurisdiction, if a victim of one of the
crimes against a child specified in the bill informs the agency of the crime and there
are reasonable grounds to believe that the crime is being or has been committed. The
bill also requires an agency to investigate and, if necessary, correct the information
on a police report if a victim notifies the agency that the information is incorrect. The
bill also requires an agency, a prosecutor, and a court to maintain from disclosure to
the public any personal information or other information that identifies a victim if
the victim so requests.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1179, s. 1
1Section
1. 175.60 of the statutes is created to read:
AB1179,2,3
2175.60 Law enforcement agencies' duty to investigate. (1) In this
3section:
AB1179,2,44
(a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
AB1179,2,55
(b) "Victim" has the meaning given in s. 950.02 (4) (a).
AB1179,2,10
6(2) If a victim of a crime that is being or has been committed against a child
7under ch. 940, 944, or 948 informs a law enforcement agency of that crime and there
8are reasonable grounds to believe that the crime is being or has been committed, the
9agency shall conduct an investigation of the matter or refer it to a different law
10enforcement agency that has jurisdiction.
AB1179,2,13
11(3) If a victim of a crime notifies a law enforcement agency that information
12in a police report is incorrect, the agency shall investigate the matter and correct the
13report if the investigation confirms that the information is incorrect.
AB1179, s. 2
14Section
2. 950.04 (1v) (dd) of the statutes is created to read:
AB1179,2,1915
950.04
(1v) (dd) To have a law enforcement agency do one of the following if he
16or she informs the agency that he or she is a victim of a crime that is being or has been
17committed against a child under ch. 940, 944, or 948 and if there are reasonable
18grounds to believe that the crime is being or has been committed, as provided under
19s. 175.60 (2):
AB1179,2,2020
1. Investigate the matter.
AB1179,2,2121
2. Refer the matter to a different law enforcement agency that has jurisdiction.
AB1179, s. 3
22Section
3. 950.04 (1v) (dj) of the statutes is created to read:
AB1179,2,2423
950.04
(1v) (dj) To have a law enforcement agency investigate and correct
24errors contained in a police report, as provided under s. 175.60 (3).
AB1179, s. 4
25Section
4. 950.04 (1v) (eg) of the statutes is created to read:
AB1179,3,4
1950.04
(1v) (eg) To have personal or identifying information provided to a law
2enforcement agency, a prosecutor, or a court maintained, upon request, in a manner
3that reasonably prevents the information from being disclosed to the public, as
4provided under s. 967.12.
AB1179, s. 5
5Section
5. 950.04 (1v) (zr) of the statutes is created to read:
AB1179,3,76
950.04
(1v) (zr) To be treated by the state with fairness, dignity, and respect
7for their privacy.
AB1179, s. 6
8Section
6. 967.12 of the statutes is created to read:
AB1179,3,9
9967.12 Confidentiality of victim information. (1) In this section:
AB1179,3,1110
(a) "Law enforcement agency" means a Wisconsin law enforcement agency, as
11defined in s. 165.83 (1) (b).
AB1179,3,1212
(b) "Victim" has the meaning given in s. 950.02 (4) (a).
AB1179,3,20
13(2) Upon request of the victim of a crime, each law enforcement agency involved
14in investigating the crime, the prosecutor, and the court shall maintain the victim's
15name, address, place of employment, telephone number, and other personal or
16identifying information, including information relating to the victim's family, in a
17manner that reasonably prevents the information from being disclosed to the public.
18The court may enter appropriate orders to prevent information that is described in
19this subsection and that is disclosed to a defendant from being redisclosed to the
20public.
