AB204,1,3
1An Act to renumber 50.377 (1);
to amend 950.02 (1m); and
to create 50.377
2(1) (b), 50.378 and 950.053 of the statutes;
relating to: granting victims of
3certain offenses a right to be accompanied by a victim advocate.
Analysis by the Legislative Reference Bureau
Under current law, a victim of a crime is afforded certain rights while his or her
case proceeds through the criminal justice system, including the right to be present
at certain hearings, the right to make statements regarding the disposition of the
case, and the right to be notified of additional proceedings after the case has been
adjudicated. Current law allows a victim of certain crimes, including domestic abuse
or certain acts of child abuse, harassment, sexual assault, or sexual exploitation by
a therapist, to be accompanied by a victims' advocate or counselor at criminal
hearings, depositions, court proceedings, and at meetings related to the hearings,
depositions, and court proceedings if the crime is a factor in a child custody case
involving the victim or if the crime is a factor in the victim's ability to represent his
or her own interests in the proceedings.
Under this bill, in addition to the rights he or she enjoys under current law, a
victim of domestic abuse, harassment, certain sexual assault crimes, and certain
crimes of child abuse (abusive conduct) has the right to be accompanied by a victim
advocate of his or her choosing at any activity or event related to the abusive conduct
that the victim attends, or is requested to attend by any law enforcement agency,
district attorney, department of justice, department of corrections, or court.
Under the bill, any hospital that provides emergency services to a victim of
abusive conduct is required to allow, at the victim's request, a victim advocate to
accompany the victim to any examination or consultation related to the abusive
conduct. The bill allows a victim or, if the victim is a minor, the parent or guardian
of the victim, to request a victim advocate to accompany him or her. Under the bill,
a minor may also request a victim advocate without the permission of his or her
parent or guardian.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB204,1
1Section
1. 50.377 (1) of the statutes is renumbered 50.377 (1) (a).
AB204,2
2Section
2. 50.377 (1) (b) of the statutes is created to read:
AB204,2,43
50.377
(1) (b) Whoever violates a requirement under s. 50.378 (2) may be
4required to forfeit not less than $1,000 nor more than $2,500 for each violation.
AB204,3
5Section
3. 50.378 of the statutes is created to read:
AB204,2,7
650.378 Accompaniment by a victim advocate. (1) Definitions. In this
7section:
AB204,2,108
(a) "Abusive conduct" means a completed or attempted act of domestic abuse,
9as defined in s. 813.12 (1) (am), harassment, as defined in s. 813.125 (1), or a violation
10of s. 940.22, 940.225, 940.32, 942.08, 942.09, or ss. 948.01 to 948.11.
AB204,2,1611
(b) "Victim advocate" means an individual who is an employee of, or a volunteer
12for, a sexual assault service provider that is eligible to receive grants under s. 165.93
13(2) (b) or a domestic abuse victim service provider that is certified by the department
14of health services as eligible to receive grants under s. 49.165 (2). An individual who
15is acting as a sexual assault nurse examiner or who is an employee of a law
16enforcement agency is not a victim advocate for the purposes of this section.
AB204,2,1917
(c) "Victim of abusive conduct" means a person who alleges or for whom it is
18alleged that he or she suffered abusive conduct and who, as a result of the abusive
19conduct, presents as a patient at a hospital that provides emergency services.
AB204,3,5
1(2) Right to accompaniment by a victim advocate. (a) A hospital that provides
2emergency services to a victim of abusive conduct shall, at the request of a victim of
3abusive conduct, permit a victim advocate to accompany the victim to any
4examination or consultation that is performed at the hospital as a result of the
5abusive conduct.
AB204,3,86
(b) A parent, guardian, or legal custodian of a minor who is a victim of abusive
7conduct may make a request under par. (a) for a victim advocate to accompany the
8minor victim of abusive conduct.
AB204,3,119
(c) A minor who is a victim of abusive conduct may make a request under par.
10(a) for a victim advocate to accompany him or her without the consent of his or her
11parent, guardian, or legal custodian.
AB204,3,15
12(3) The department shall respond to any complaint received by the department
13concerning noncompliance by a hospital with the requirements of sub. (2) and shall
14periodically review hospital procedures to determine whether a hospital is in
15compliance with the requirements.
AB204,4
16Section
4. 950.02 (1m) of the statutes is amended to read:
AB204,3,1917
950.02
(1m) "Crime" means an act committed in this state which, if committed
18by a competent adult, would constitute a crime, as defined in s. 939.12
, or would
19constitute abusive conduct, as defined in s. 950.053 (1) (a).
AB204,5
20Section
5. 950.053 of the statutes is created to read:
AB204,3,21
21950.053 Victims of abusive conduct.
(1) Definitions. In this section:
AB204,3,2422
(a) "Abusive conduct" means a completed or attempted act of domestic abuse,
23as defined in s. 813.12 (1) (am), harassment, as defined in s. 813.125 (1), or a violation
24of s. 940.22, 940.225, 940.32, 942.08, 942.09, or ss. 948.01 to 948.11.
AB204,4,6
1(b) "Victim advocate" means an individual who is an employee of, or a volunteer
2for, a sexual assault service provider that is eligible to receive grants under s. 165.93
3(2) (b) or a domestic abuse victim service provider that is certified by the department
4of health services as eligible to receive grants under s. 49.165 (2). An individual who
5is acting as a sexual assault nurse examiner or who is an employee of a law
6enforcement agency is not a victim advocate for the purposes of this section.
AB204,4,117
(c) "Proceedings related to abusive conduct" means any activity or event that
8the victim of the abusive conduct attends or is requested to attend related to the
9abusive conduct if the activity or event is engaged in or commenced by a law
10enforcement agency, district attorney, department of justice, department of
11corrections, a court, or the victim of abusive conduct.
AB204,4,15
12(2) Right to accompaniment by a victim advocate. (a) In addition to all rights
13afforded to victims and witnesses under s. 950.04 and services provided under s.
14950.06 (1m), a victim of abusive conduct has the right to be accompanied, at his or
15her request, by a victim advocate at all proceedings related to abusive conduct.
AB204,4,1816
(b) A parent, guardian, or legal custodian of a minor who is a victim of abusive
17conduct may make a request under par. (a) for a victim advocate to accompany the
18minor victim of abusive conduct.
AB204,4,2119
(c) A minor who is a victim of abusive conduct may make a request under par.
20(a) for a victim advocate to accompany him or her without the consent of his or her
21parent, guardian, or legal custodian.
AB204,6
22Section
6.
Initial applicability.
AB204,4,2423
(1) This act first applies to a victim of abusive conduct that occurs on the
24effective date of this subsection.
