950.10 Limitation on liability; grounds for appeal.
Ch. 950 Cross-reference
Cross-reference: See definitions in s.
939.22.
Ch. 950 Cross-reference
Cross-reference: See also ch.
Jus 12, Wis. adm. code.
950.01
950.01
Legislative intent. In recognition of the civic and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this state, the legislature declares its intent, in this chapter, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy and sensitivity; and that the rights extended in this chapter to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors and judges in a manner no less vigorous than the protections afforded criminal defendants. Nothing in this chapter shall be construed to impair the exercise of prosecutorial discretion.
950.01 History
History: 1979 c. 219;
2011 a. 283.
950.02
950.02
Definitions. In this chapter:
950.02(1)
(1) Except in
sub. (3), "child" means a person who is less than 18 years of age.
950.02(1m)
(1m) "Crime" means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in
s. 939.12.
950.02(1t)
(1t) "Custodial agency" means any person authorized to arrest or take into actual physical custody an individual who is alleged to have committed a crime. "Custodial agency" includes a law enforcement agency, a sheriff, superintendent or other keeper of a jail and a person authorized to take custody of a juvenile under
s. 938.19 or
938.20 (4).
950.02(2)
(2) "Department" means the department of justice.
950.02(2m)
(2m) "District attorney" means any of the following:
950.02(2m)(a)
(a) The district attorney or other person authorized to prosecute a criminal case or a delinquency proceeding under
ch. 938.
950.02(2m)(b)
(b) A person designated by a person specified in
par. (a) to perform the district attorney's duties under this chapter.
950.02(3)
(3) "Family member" means spouse, minor child, adult child, sibling, parent, or legal guardian.
950.02(4)(a)2.
2. If the person specified in
subd. 1. is a child, a parent, guardian or legal custodian of the child.
950.02(4)(a)3.
3. If a person specified in
subd. 1. is physically or emotionally unable to exercise the rights granted under
s. 950.04 or
article I, section 9m, of the Wisconsin constitution, a person designated by the person specified in
subd. 1. or a family member of the person specified in
subd. 1.
950.02(4)(a)4.
4. If a person specified in
subd. 1. is deceased, any of the following:
950.02(4)(a)5.
5. If a person specified in
subd. 1. has been adjudicated incompetent in this state, the guardian of the person appointed for him or her.
950.02(4)(b)
(b) "Victim" does not include the person charged with or alleged to have committed the crime.
950.02(4m)
(4m) "Victim and witness office" means an organization or program that provides services for which the county receives reimbursement under this chapter.
950.02(5)
(5) "Witness" means any person who has been or is expected to be summoned to testify for the prosecution, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced.
950.03
950.03
Eligibility of victims. A victim has the rights and is eligible for the services under this chapter only if the crime has been reported to law enforcement authorities.
950.03 History
History: 1979 c. 219;
1991 a. 159.
950.04
950.04
Basic bill of rights for victims and witnesses. 950.04(1v)(1v)
Rights of victims. Victims of crimes have the following rights:
950.04(1v)(ag)
(ag) To be treated with fairness, dignity, and respect for his or her privacy by public officials, employees, or agencies. This paragraph does not impair the right or duty of a public official or employee to conduct his or her official duties reasonably and in good faith.
950.04(1v)(b)
(b) To attend court proceedings in the case, subject to
ss. 906.15 and
938.299 (1). The court may require the victim to exercise his or her right under this paragraph using telephone or live audiovisual means, if available, if the victim is under arrest, incarcerated, imprisoned or otherwise detained by any law enforcement agency or is admitted or committed on an inpatient basis to a treatment facility under
ch. 51,
971 or
980, and the victim does not have a person specified in
s. 950.02 (4) (a) 3. to exercise the victim's right under this paragraph.
950.04(1v)(bm)
(bm) To be provided with appropriate intercession services to ensure that employers of victims will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearances.
950.04(1v)(d)
(d) To request an order for, and to be given the results of, testing to determine the presence of a communicable disease, as provided under
ss. 938.296 or
968.38.
950.04(1v)(dL)
(dL) To not be the subject of a law enforcement officer's or district attorney's order, request, or suggestion that he or she submit to a test using a lie detector, as defined in
s. 111.37 (1) (b), if he or she claims to have been the victim of a sexual assault under
s. 940.22 (2),
940.225,
948.02 (1) or
(2), or
948.085, except as permitted under
s. 968.265.
950.04(1v)(dr)
(dr) To not have his or her personal identifiers, as defined in
s. 85.103 (1) and including an electronic mail address, used or disclosed by a public official, employee, or agency for a purpose that is unrelated to the official responsibilities of the official, employee, or agency.
950.04(1v)(em)
(em) To have his or her interests considered by the court in determining whether to exclude persons from a preliminary hearing, as provided under
s. 970.03 (4).
950.04(1v)(er)
(er) To not be compelled to submit to a pretrial interview or deposition by a defendant or his or her attorney as provided under
s. 971.23 (6c).
950.04(1v)(f)
(f) To have the parole commission make a reasonable attempt to notify the victim of applications for parole, as provided under
s. 304.06 (1).
950.04(1v)(j)
(j) To have, at his or her request, the opportunity to consult with the prosecution in a case brought in a court of criminal jurisdiction, as provided under
s. 971.095 (2).
950.04(1v)(k)
(k) To a speedy disposition of the case in which they are involved as a victim in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter.
950.04(1v)(n)
(n) To have direct input in the parole decision-making process, as provided by the rules promulgated under
s. 304.06 (1) (em).
950.04(1v)(nt)
(nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under
s. 302.113 (9g) (d).
950.04(1v)(nx)
(nx) To attend a hearing on a petition for modification of a term of probation under
s. 973.09 (3) (d) and provide a statement to the court concerning modification of the term of probation as provided under
s. 973.09 (3m).
950.04(1v)(o)
(o) To have information concerning the impact of a delinquent act on the victim included in a court report under
s. 938.33 and to have the person preparing the court report attempt to contact the victim, as provided under
s. 938.331.
950.04(1v)(p)
(p) To have the person preparing a presentence investigation under
s. 972.15 make a reasonable attempt to contact the victim, as provided in
s. 972.15 (2m).
950.04(1v)(pm)
(pm) To have the court provided with information pertaining to the economic, physical and psychological effect of the crime upon the victim and have the information considered by the court.
950.04(1v)(s)
(s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence, subject to
s. 968.205. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under
s. 968.205, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.
950.04(1v)(um)
(um) To have district attorneys make a reasonable attempt to notify the victim under
s. 971.17 (4m) regarding conditional releases under
s. 971.17.
950.04(1v)(v)
(v) To have the department of corrections make a reasonable attempt to notify the victim under
s. 301.046 (4) regarding community residential confinements, under
s. 301.048 (4m) regarding participation in the intensive sanctions program, under
s. 301.38 regarding escapes from a Type 1 prison, under
s. 301.46 (3) regarding persons registered under
s. 301.45, under
s. 302.105 regarding release upon expiration of certain sentences, under
s. 304.063 regarding extended supervision and parole releases, and under
s. 938.51 regarding release or escape of a juvenile from correctional custody.
950.04(1v)(vm)
(vm) To have the appropriate clerk of court send the victim a copy of an inmate's petition for extended supervision and notification of the hearing on that petition under
s. 302.114 (6).
950.04(1v)(w)
(w) To have the department of corrections make a reasonable attempt to notify the victim under
s. 303.068 (4m) regarding leave granted to qualified inmates under
s. 303.068.
950.04(1v)(xm)
(xm) To have the department of health services make a reasonable attempt to notify the victim under
s. 980.11 regarding supervised release under
s. 980.08 and discharge under
s. 980.09 (4).
950.04(1v)(yd)
(yd) To have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made under
s. 974.07 (2) for postconviction deoxyribonucleic acid testing of certain evidence and notification of any hearing on that motion, as provided under
s. 974.07 (4).
950.04(1v)(ym)
(ym) To have the governor make a reasonable attempt to notify the victim of a pardon application, as provided under
s. 304.09 (2) and
(3).
950.04(1v)(zm)
(zm) To request information from a district attorney concerning the disposition of a case involving a crime of which he or she was a victim, as provided under
s. 971.095 (6).
950.04(1v)(zx)
(zx) To complain to the department of justice concerning the treatment of crime victims, as provided under
s. 950.08 (3), and to request review by the crime victims rights board of the complaint, as provided under
s. 950.09 (2).
950.04(2w)
(2w) Rights of witnesses. Witnesses of crimes have the following rights:
950.04(2w)(a)
(a) To request information from the district attorney about the final disposition of the case.
950.04(2w)(b)
(b) To be notified that a court proceeding to which they have been subpoenaed will not go on as scheduled, in order to save the person an unnecessary trip to court.
950.04(2w)(c)
(c) To receive protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available.
950.04(2w)(d)
(d) To be informed of financial assistance and other social services available as a result of being a witness of a crime, including information on how to apply for the assistance and services.
950.04(2w)(dm)
(dm) To not have his or her personal identifiers, as defined in
s. 85.103 (1) and including an electronic mail address, used or disclosed by a public official, employee, or agency for a purpose that is unrelated to the official responsibilities of the official, employee, or agency.
950.04(2w)(e)
(e) To be informed of the procedure to be followed in order to apply for and receive any witness fee to which they are entitled.
950.04(2w)(fm)
(fm) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.
