Analysis by the Legislative Reference Bureau
This bill gives a victim of sexual assault, human trafficking, or child abuse
(victim) the right to request accompaniment by a victim advocate to an examination
or consultation. The bill also gives a victim of certain crimes the right to be
accompanied by an advocate to certain interviews or proceedings relating to the
crime.
Examinations and consultations
Under the bill, a victim advocate is an individual who is an employee of or
volunteer for an organization that provides counseling, assistance, or support
services free of charge to a victim. A victim, whether adult or minor, or a parent,
guardian, or legal custodian of a minor victim, may request accompaniment by a
victim advocate for a victim. The bill requires the hospital to notify the victim, or
parent, guardian, or legal custodian of a minor victim, of the right to be accompanied
by a victim advocate. The victim also may exclude the victim advocate at any
examination or consultation at the hospital, and the victim advocate must comply
with that request. The hospital is not required to delay examining or treating the
victim pending the arrival of a victim advocate, if the delay would endanger the

health or safety of the victim or risk the loss of evidence. The hospital may also
exclude a victim advocate for reasons specified in the bill, but if the hospital excludes
a specific victim advocate, the hospital must allow a different victim advocate to
accompany the victim. The bill provides immunity from civil liability for hospitals
and their employees or agents for allowing a victim advocate to accompany a victim,
for failure to comply with certain requirements, and for any act or omission by a
victim advocate.
Patient health records are confidential under current law unless the patient
has given informed consent to the release of the records or except in certain limited
circumstances. Current law allows a health care provider to release a portion of a
patient health care records to certain individuals under certain circumstances. This
bill adds a victim advocate who is accompanying a victim as an individual to whom
a health care provider may release a portion of the patient health care record.
criminal proceedings
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.
Current law allows a victim of child abuse, interspousal battery, domestic
abuse, or sexual assault (abusive conduct) and an individual (a victim advocate) who
works with an organization that provides counseling, assistance, or support services
to such victims a privilege in court to refuse to disclose, and to prevent any other
person from disclosing, confidential communications made or information obtained
or disseminated among the victim, a victim advocate who is acting in the scope of his
or her duties as an advocate, and persons who are participating in providing
counseling, assistance, or support services under the direction of an advocate, if the
communication was made or the information was obtained or disseminated for the
purpose of providing counseling, assistance, or support services to the victim.
Under this bill, in addition to the rights he or she enjoys under current law, a
victim of sexual assault, human trafficking, or child abuse has the right generally
to be accompanied by an advocate of his or her choosing at any interview or
proceeding related to the crime that the victim attends, or is requested to attend by
any law enforcement agency, district attorney, or court, or the Department of Justice
or Department of Corrections. The bill requires the victim advocate to comply with
the victim's requests and to abide by any rules or policies established by a law
enforcement agency regarding confidentiality of information. The bill allows a law
enforcement officer or agency to exclude a victim advocate from law enforcement
interviews if the victim advocate fails to comply but allows the officer or agency to

allow a different victim advocate to accompany the victim, if the victim so requests.
The bill provides immunity from civil liability for law enforcement agencies and their
employees or agents for allowing a victim advocate to accompany a victim, for failure
to comply with certain requirements, and for any act or omission by a victim
advocate. The bill allows the victim the privilege of refusing to disclose, and to
prevent the advocate who accompanied him or her from disclosing, any
communication the victim disclosed or information the victim received during an
interview or proceeding related to the crime.
The bill also extends, to victims of any crime, the privilege to keep confidential
communications that are made or information obtained or disseminated for the
purpose of providing counseling, assistance, or support services to the victim.
For further information see the state 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:
SB323,1 1Section 1. 50.378 of the statutes is created to read:
SB323,3,2 250.378 Victim advocates. (1) Definitions. In this section:
SB323,3,33 (a) "Victim advocate" has the meaning given in s. 905.045 (1) (e).
SB323,3,84 (b) "Victim of sexual assault, human trafficking, or child abuse" means a person
5who alleges or for whom it is alleged that he or she suffered from a violation of s.
6940.22, 940.225, or 940.302, involving a commercial sex act, or ss. 948.01 to 948.11
7and who, as a result of the alleged violation, presents as a patient at a hospital that
8provides emergency services.
SB323,3,13 9(2) Right to accompaniment by a victim advocate. (a) Except as provided in
10par. (f) or (g), a hospital that provides emergency services to a victim of sexual
11assault, human trafficking, or child abuse shall, at the request of the victim, permit
12a victim advocate to accompany the victim to any examination or consultation that
13is performed at the hospital as a result of the violation.
SB323,4,4
1(b) A parent, guardian, or legal custodian of a minor who is a victim of sexual
2assault, human trafficking, or child abuse may make a request under par. (a) for a
3victim advocate to accompany the minor victim of sexual assault, human trafficking,
4or child abuse.
SB323,4,75 (c) A minor who is a victim of sexual assault, human trafficking, or child abuse
6may make a request under par. (a) for a victim advocate to accompany him or her
7without the consent of his or her parent, guardian, or legal custodian.
SB323,4,118 (d) The hospital shall notify the victim and, if the victim is a minor, the victim's
9parent, guardian, or legal custodian, of his or her right to be accompanied by a victim
10advocate and of his or her rights under par. (h). The hospital may make notification
11under this paragraph using a form provided by the department under sub. (4) (c).
SB323,4,1512 (e) A victim may request exclusion of a victim advocate at any examination or
13consultation that is performed at the hospital as a result of the sexual assault,
14human trafficking, or child abuse. The victim advocate shall comply with a request
15under this paragraph.
SB323,4,1816 (f) The hospital need not delay examining or treating the victim pending the
17arrival of a victim advocate, if the delay would endanger the health or safety of the
18victim or risk the loss of evidence.
SB323,4,1919 (g) The hospital may exclude the victim advocate if any of the following occurs:
SB323,4,2120 1. The presence or continued presence of the victim advocate obstructs the
21provision of necessary medical care to the victim.
SB323,4,2322 2. The victim advocate fails to comply with hospital policies governing the
23conduct of individuals accompanying patients in the hospital.
SB323,5,3
13. The hospital has knowledge that the victim advocate, in his or her role as a
2victim advocate at any hospital, has taken one of the following actions and is more
3likely than not to take that action again:
SB323,5,54 a. Failing to agree to or comply with confidentiality requirements relating to
5another individual at a hospital.
SB323,5,66 b. Failing to comply with a request by a victim under par. (e).
SB323,5,97 (h) If a hospital has excluded a specific victim advocate under par. (g), the
8hospital shall, at the request of the victim, permit a different victim advocate to
9accompany the victim.
SB323,5,13 10(3) Immunity from liability. A hospital and its employees or agents are
11immune from civil liability for allowing a victim advocate to accompany a victim, for
12any failure to comply with any requirement in sub. (2), and for any act or omission
13by a victim advocate.
SB323,5,16 14(4) Duties of the department. (a) The department shall respond to any
15complaint received by the department concerning noncompliance by a hospital with
16the requirements of sub. (2).
SB323,5,1917 (b) The department, in cooperation with the department of justice, shall
18develop guidelines for, and provide assistance to, hospitals that are subject to the
19requirements of sub. (2).
SB323,5,2420 (c) The department shall prescribe a form to be used by hospitals that provide
21emergency services to victims of sexual assault, human trafficking, or child abuse to
22provide notification to victims and, if a victim is a minor, the victim's parent,
23guardian, or legal custodian, of his or her right to be accompanied by a victim
24advocate under sub. (2). The form shall include all of the following information:
SB323,5,2525 1. The right to request accompaniment under sub. (2) (a) to (c).
SB323,6,1
12. The right to exclude a victim advocate under sub. (2) (e).
SB323,6,22 3. The procedure to make a complaint to the department under sub. (4) (a).
SB323,2 3Section 2. 146.82 (4) (b) 3. of the statutes is created to read:
SB323,6,64 146.82 (4) (b) 3. A victim advocate, as defined in s. 50.378 (1) (a), who is
5accompanying a victim of sexual assault, human trafficking, or child abuse under s.
650.378 (2).
SB323,3 7Section 3. 905.045 (1) (a) and (c) of the statutes are amended to read:
SB323,6,138 905.045 (1) (a) "Abusive conduct" means abuse, as defined in s. 813.122 (1) (a),
9of a child, as defined in s. 48.02 (2), interspousal battery, as described under s. 940.19
10or 940.20 (1m), domestic abuse, as defined in s. 813.12 (1) (am), or sexual exploitation
11by a therapist under s. 940.22,
sexual assault under s. 940.225 , human trafficking
12involving a commercial sex act under s. 940.302, or child abuse under ss. 948.01 to
13948.11
.
SB323,6,2214 (c) A communication or information is "confidential" if not intended to be
15disclosed to 3rd persons other than persons present to further the interest of the
16person receiving counseling, assistance, or support services, persons reasonably
17necessary for the transmission of the communication or information, and persons
18who are participating in providing counseling, assistance, or support services under
19the direction of an a victim advocate, including family members of the person
20receiving counseling, assistance, or support services and members of any group of
21individuals with whom the person receives counseling, assistance, or support
22services.
SB323,4 23Section 4. 905.045 (1) (b) of the statutes is renumbered 905.045 (1) (e) and
24amended to read:
SB323,7,3
1905.045 (1) (e) "Advocate" "Victim advocate" means an individual who is an
2employee of or a volunteer for an organization the purpose of which is to provide
3counseling, assistance, or support services free of charge to a victim.
SB323,5 4Section 5. 905.045 (2), (3) and (4) of the statutes are amended to read:
SB323,7,125 905.045 (2) General rule of privilege. A victim has a privilege to refuse to
6disclose and to prevent any other person from disclosing confidential
7communications made or information obtained or disseminated among the victim,
8an a victim advocate who is acting in the scope of his or her duties as an a victim
9advocate, and persons who are participating in providing counseling, assistance, or
10support services under the direction of an a victim advocate, if the communication
11was made or the information was obtained or disseminated for the purpose of
12providing counseling, assistance, or support services to the victim.
SB323,7,17 13(3) Who may claim the privilege. The privilege may be claimed by the victim,
14by the victim's guardian or conservator, or by the victim's personal representative if
15the victim is deceased. The victim advocate may claim the privilege on behalf of the
16victim. The victim advocate's authority to do so is presumed in the absence of
17evidence to the contrary.
SB323,7,20 18(4) Exceptions. Subsection (2) does not apply to any report concerning child
19abuse that an a victim advocate is required to make under s. 48.981, or the report of
20an offense under ss. 948.015 to 948.11
.
SB323,6 21Section 6. 950.02 (4g) of the statutes is created to read:
SB323,7,2222 950.02 (4g) "Victim advocate" has the meaning given in s. 905.045 (1) (e).
SB323,7 23Section 7. 950.045 of the statutes is created to read:
SB323,8,4 24950.045 Accompaniment by a victim advocate. (1) Right to
25accompaniment at law enforcement interviews; exceptions.
(a) In addition to all

1rights afforded to victims under s. 950.04, an individual who is a victim of a violation
2of s. 940.22, 940.225, 940.302, or 948.015 to 948.11 has the right to be accompanied
3by a victim advocate at law enforcement interviews, subject to par. (b) and except as
4provided in par. (c).
SB323,8,135 (b) A victim advocate may not obstruct or delay a law enforcement interview,
6shall comply with the victim's requests or instructions, and shall comply with any
7rule, policy, or requirement established by a law enforcement agency regarding the
8confidentiality of information relating to an investigation. A victim advocate may
9not disclose information not previously disclosed to the general public to any person
10except that the victim advocate may disclose information to an individual or to an
11agency that is providing counseling, assistance, or support services to the victim to
12the extent that disclosure is reasonably necessary to assist in the provision of
13counseling, assistance, or support services.
SB323,8,1614 (c) A victim advocate who violates the provisions of par. (b) may be excluded
15from a law enforcement interview. At the request of the victim, a different victim
16advocate may be allowed to accompany the victim.
SB323,8,23 17(2) Right to accompaniment at proceedings. In addition to all rights afforded
18to victims under s. 950.04, an individual who is a victim of a violation of s. 940.22,
19940.225, 940.302, or 948.015 to 948.11 has a right to be accompanied by a victim
20advocate at interviews and proceedings at which he or she is requested or allowed
21to attend that are related to the crime committed against him or her, including
22prosecution interviews, department of corrections proceedings, court proceedings,
23and postconviction proceedings.
SB323,9,2 24(3) Civil immunity. A law enforcement agency and its employees or agents are
25immune from civil liability for allowing a victim advocate to accompany a victim, for

1any failure to comply with any requirement in this section, and for any act or
2omission by a victim advocate.
SB323,8 3Section 8. Initial applicability.
SB323,9,54 (1) This act first applies to violations that are committed against a victim on
5the effective date of this subsection.
SB323,9 6Section 9. Effective date.
SB323,9,87 (1) This act takes effect on the first day of the 4th month beginning after
8publication.
SB323,9,99 (End)
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