AB669: Bill Text

LRB-3281/1

RLR:wlj:jf

2005 - 2006 LEGISLATURE

2005 Assembly BILL 669

September 19, 2005 - Introduced by Representatives Vruwink, Zepnick, Ott, Musser, Albers and Berceau. Referred to Committee on Criminal Justice and Homeland Security.

AB669,1,2 An Act to create 785.01 (1) (e) and 972.15 (2am) of the statutes; relating to: access to a presentence investigation report.

Analysis by the Legislative Reference Bureau

Currently, a court may order the Department of Corrections (DOC) to conduct a presentence investigation of a person who has been convicted of a felony to aid the court in determining an appropriate sentence. The court must disclose the contents of a presentence investigation report to the district attorney and the defense before sentencing. After sentencing, the report must be kept confidential, except that DOC may use or release the report for the purpose of correctional programming, and the court may authorize release.

This bill provides that the victim of a crime or, if the crime is a homicide, a family member of the victim may view the presentence investigation report before sentencing if the person signs an agreement to keep the contents of the report confidential. If the victim or family member violates the agreement he or she may be penalized for contempt of court.

For further information see the 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:

AB669, s. 1 Section 1. 785.01 (1) (e) of the statutes is created to read:

AB669,2,2 785.01 (1) (e) Violation of an agreement under under s. 972.15 (2am) to keep the contents of a presentence investigation report confidential.

AB669, s. 2 Section 2. 972.15 (2am) of the statutes is created to read:

AB669,2,9 972.15 (2am) Before sentencing, the court shall allow the victim of the crime or, if the crime is a homicide, a family member of the victim to view the presentence investigation report if the victim or family member signs a written agreement to keep the contents of the report confidential. A victim or family member who violates the confidentiality agreement may be proceeded against under ch. 785 for contempt of court.

AB669,2,10 (End)