LRB-1942/2
PJH:nwn&jld:ph
2011 - 2012 LEGISLATURE
August 29, 2011 - Introduced by Representatives Jacque, Bies, Bernard Schaber,
Brooks, Endsley, Hintz, Kaufert, Kerkman, Kleefisch, Molepske Jr, A. Ott,
Rivard, Roys, Thiesfeldt, Van Roy
and Vruwink, cosponsored by Senators
Wanggaard, Moulton, Olsen and Taylor. Referred to Committee on Criminal
Justice and Corrections.
AB232,1,3 1An Act to renumber 950.04 (1v) (a); and to create 950.04 (1v) (ag), 950.04 (1v)
2(dr) and 950.105 of the statutes; relating to: rights of crime victims and
3witnesses.
Analysis by the Legislative Reference Bureau
Currently, the statutes and the state constitution provide various rights to
victims of a crime. Under current law the Crime Victim Rights Board (board) has the
right and duty to enforce victims' rights. The board may seek to impose a penalty
against a public official, agency, or employee that violates a victim's statutory or
constitutional rights, obtain equitable relief on a victim's behalf, and may issue a
public or private reprimand against the public official, agency, or employee.
This bill confers upon victims the right to be treated with fairness, dignity, and
respect for privacy by public officials, employees, or agencies, the right to be free from
intimidation, harassment, discrimination, or abuse by public officials, employees, or
agencies, and the right not to have their personally identifying information used by
any public official, employee, or agency for the purpose of attempting to obtain a
personal benefit or financial gain by the official, employee, or agency. Under the bill,
a victim has the right, if his or her rights are violated, to seek relief on his or her own
behalf, or may request a district attorney to seek relief, at the district attorney's
discretion, on his or her behalf.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB232, s. 1
1Section 1. 950.04 (1v) (a) of the statutes is renumbered 950.04 (1v) (ar).
AB232, s. 2 2Section 2. 950.04 (1v) (ag) of the statutes is created to read:
AB232,2,93 950.04 (1v) (ag) To be treated with fairness, dignity, and respect for his or her
4privacy by public officials, employees, or agencies, and to be free from intimidation,
5harassment, discrimination, or abuse by public officials, employees, or agencies.
6This paragraph does not impair the right or duty of a public official or employee to
7conduct his or her official duties in a reasonable and proper manner, including the
8right and duty for a district attorney to determine whether to file criminal charges
9in a particular case.
AB232, s. 3 10Section 3. 950.04 (1v) (dr) of the statutes is created to read:
AB232,2,1311 950.04 (1v) (dr) To not have his or her personal identifying information used
12by a public official, employee, or agency for the purpose of attempting to obtain a
13personal benefit or financial gain by the official, employee, or agency.
AB232, s. 4 14Section 4. 950.105 of the statutes is created to read:
AB232,2,21 15950.105 Enforcement; standing. A crime victim has a right, independent
16of the rights and duties of the crime victims rights board under s. 950.09, to exercise
17and assert in any court his or her rights as a crime victim under the statutes or under
18article I, section 9m of the Wisconsin constitution. A crime victim, a victim's legal
19representative, or upon a victim's request, a district attorney may represent the
20victim's interests in a proceeding or motion brought under this section. A district
21attorney may, in his or her discretion, decline to represent a victim under this section.
AB232,2,2222 (End)
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