949.38 Report by the department.
Ch. 949 Cross-reference
Cross-reference: See definitions in s.
939.22.
Ch. 949 Cross-reference
Cross-reference: See also ch.
Jus 11, Wis. adm. code.
CRIME VICTIM COMPENSATION
949.001
949.001
Legislative intent. The legislature finds and declares that the state has a moral responsibility to aid innocent victims of violent crime. In order to maintain and to strengthen our democratic system of law and social order, it is essential that the rights of the victim of a crime should be as fully protected as the rights of the criminal offender. Adequate protection and assistance of victims of crime will also encourage greater public cooperation in the successful apprehension and prosecution of criminal offenders. It is the intention of the legislature that the state should provide sufficient assistance to victims of crime and their families in order to ease their financial burden and to maintain their dignity as they go through a difficult and often traumatic period. It is also the intention of the legislature that the department should actively publicize the crime victim compensation program and promote its use.
949.001 History
History: 1979 c. 189.
949.01
949.01
Definitions. In this subchapter:
949.01(1)
(1) "Crime" means an act committed in this state which would constitute a crime as defined in
s. 939.12 if committed by a competent adult who has no legal defense for the act.
949.01(1m)
(1m) "Department" means the department of justice.
949.01(2)
(2) "Dependent" means any spouse, domestic partner under
ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of spouse or of domestic partner under
ch. 770, of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death and includes any child of the victim born after the victim's death.
949.01(4)
(4) "Medical treatment" includes medical, surgical, dental, optometric, chiropractic, podiatric and hospital care; medicines; medical, dental and surgical supplies; crutches; artificial members; appliances and training in the use of artificial members and appliances. "Medical treatment" includes any Christian Science treatment for cure or relief from the effects of injury.
949.01(5)
(5) "Personal injury" means actual bodily harm and includes pregnancy and mental or nervous shock.
949.01(6)
(6) "Victim" means a person who is injured or killed by an incident specified in
s. 949.03 (1) (a), or by any act or omission of any other person that is within the description of any of the offenses listed in
s. 949.03 (1) (b) or within the description of the offense listed and the condition provided in
s. 949.03 (1) (c). This definition does not apply to
s. 949.165.
949.02
949.02
Administration. The department shall administer this subchapter. The department shall appoint a program director to assist in administering this subchapter. The department shall promulgate rules for the implementation and operation of this subchapter. The rules shall include procedures to ensure that any limitation of an award is calculated in a fair and equitable manner.
949.02 Cross-reference
Cross-reference: See also ch.
Jus 11, Wis. adm. code.
949.03
949.03
Compensable acts. 949.03(1)(1) The department may order the payment of an award for personal injury or death which results from:
949.03(1)(a)
(a) Preventing or attempting to prevent the commission of a crime; apprehending or attempting to apprehend a suspected criminal; aiding or attempting to aid a police officer to apprehend or arrest a suspected criminal; aiding or attempting to aid a victim of a crime specified in
par. (b); or aiding or attempting to aid a victim of the crime specified and the condition provided in
par. (c).
949.03(1)(b)
(b) The commission or the attempt to commit any crime specified in
s. 346.62 (4),
346.63 (2) or
(6),
940.01,
940.02,
940.03,
940.05,
940.06,
940.07,
940.08,
940.09,
940.10,
940.19,
940.20,
940.201,
940.21,
940.22 (2),
940.225,
940.23,
940.235,
940.24,
940.25,
940.285,
940.29,
940.30,
940.302 (2),
940.305,
940.31,
940.32,
941.327,
943.02,
943.03,
943.04,
943.10,
943.20,
943.23 (1g),
943.32,
943.81,
943.86,
943.87,
948.02,
948.025,
948.03,
948.04,
948.05,
948.051,
948.06,
948.07,
948.075,
948.08,
948.085,
948.09,
948.095,
948.20,
948.30 or
948.51.
949.03(1)(c)
(c) The commission or the attempt to commit the crime specified in
s. 346.67 (1) if the victim was a pedestrian.
949.03 History
History: 1975 c. 224 s.
145za;
1975 c. 344;
1977 c. 173,
239;
1979 c. 118;
1983 a. 199,
356,
538;
1985 a. 275;
1985 a. 293 s.
3;
1985 a. 306 s.
5;
1987 a. 90,
332,
380,
399,
403;
1989 a. 105,
140,
359;
1993 a. 92,
227;
1995 a. 153,
374,
456;
1997 a. 35,
143,
258;
2001 a. 109;
2005 a. 212,
277;
2007 a. 97,
116;
2011 a. 271;
2013 a. 362.
949.035
949.035
Residents; victims of crime outside the state. 949.035(1)(1) If a Wisconsin resident suffers injury or death in a situation described in
s. 949.03 except that the act occurred outside this state, the resident has the same rights under this subchapter as if the act had occurred in this state upon a showing that the state, territory, country or political subdivision of a country in which the act occurred does not have a compensation of victims of crimes law which covers the injury or death suffered by the person.
949.035(2)
(2) The department shall keep a current record of the laws relating to compensation of victims of crimes in other states and territories of the United States. The department need not keep a current record of laws in other countries. Upon request, the department shall assist Wisconsin residents to determine if they meet the criteria specified in
sub. (1).
949.035(3)
(3) In this section, "resident" means a person who maintains a place of permanent abode in this state.
949.04
949.04
Application for award. 949.04(1)(ag)(ag) Any person may apply for an award under this subchapter.
949.04 Note
NOTE: Par. (ag) is shown as renumbered from sub. (1) (intro.) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
949.04(1)(ar)
(ar) Application by a minor may be made on the minor's behalf by his or her parent or guardian.
949.04 Note
NOTE: Par. (ar) is shown as renumbered from par. (a) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
949.04(1)(b)
(b) Application by an individual adjudicated incompetent may be made on the individual's behalf by the guardian or other person authorized to administer the individual's estate.
949.04(2)(a)(a) The department shall prescribe application forms for awards under this subchapter. If the application results from the commission of or the attempt to commit a crime specified in
s. 940.22 (2),
940.225,
948.02,
948.025,
948.051,
948.085, or
948.095 or a crime or an act compensable under
s. 949.03 that was sexually motivated, as defined in
s. 980.01 (5), any personally identifiable information, as defined in
s. 19.62 (5), provided on the application form is not subject to inspection or copying under
s. 19.35 (1).
949.04(2)(b)
(b) The department shall furnish law enforcement agencies with the forms under
par. (a). The law enforcement agency investigating a crime shall provide forms to each person who may be eligible to file a claim under this subchapter.
949.04(3)
(3) Medical and dental records. The applicant shall submit to the department reports from all physicians, osteopaths, dentists, optometrists, chiropractors or podiatrists who treated or examined the victim at the time of or subsequent to the victim's injury or death. The department may also order such other examinations and reports of the victim's previous medical and dental history, injury or death as it believes would be of material aid in its determination.
949.05
949.05
Award; to whom payable. In any case in which a person is injured or killed by an incident specified in
s. 949.03 (1) (a), by any act or omission of any other person that is within the description of crimes under
s. 949.03 (1) (b) or by any act or omission of any person that is within the description of the crime listed and the condition provided under
s. 949.03 (1) (c), the department may order the payment of an award:
949.05(1)
(1) To or for the benefit of the injured person;
949.05(2)
(2) In the case of personal injury to or death of the victim, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury to or death; or
949.05(3)
(3) Except as provided in
s. 949.06 (1m), in the case of death of the victim, to or for the benefit of any one or more of the dependents of the victim. If 2 or more dependents are entitled to an award, the award shall be apportioned by the department among the dependents.
949.06
949.06
Computation of award. 949.06(1)
(1) In accordance with this subchapter, the department shall make awards, as appropriate, for any of the following economic losses incurred as a direct result of an injury:
949.06(1)(b)
(b) Work loss, which shall be determined as follows:
949.06(1)(b)1.
1. If the victim was employed at the time of the injury, loss of actual earnings shall be based upon the victim's net salary at the time of the injury.
949.06(1)(b)2.
2. If the victim was not employed at the time of the injury or, if as a direct result of the injury, the victim suffered a disability causing a loss of potential earnings, the award may be based upon a sufficient showing by the victim that he or she actually incurred loss of earnings. The amount of the award shall be reduced by any income from substitute work actually performed by the victim or by income the victim would have earned in available appropriate substitute work the victim was capable of performing, but unreasonably failed to undertake.
949.06(1)(bm)
(bm) If the victim is a homemaker, an amount sufficient to ensure that the duties and responsibilities are continued until the victim is able to resume the performance of the duties, or until the cost of services reaches the maximum allowable under
sub. (2), whichever is less.
949.06(1)(c)
(c) Reasonable replacement value of any clothing and bedding that is held for evidentiary purposes, but not to exceed $300.
949.06(1)(cm)
(cm) Reasonable replacement value for property, other than clothing and bedding under
par. (c), that is held for evidentiary purposes and is rendered unusable as a result of crime laboratory testing, but not to exceed $200.
949.06(1)(d)
(d) Reasonable funeral and burial expenses, not to exceed $2,000. The funeral and burial award may not be considered by the department under
sub. (2).
949.06(1)(e)
(e) Dependent's economic loss, which shall include contributions of things of economic value provided by the victim to dependents but lost as a result of the victim's death. Loss of support shall be determined on the basis of the victim's net salary at the time of death, and shall be calculated as an amount equal to 4 times the victim's average annual earnings.
949.06(1)(f)
(f) Reasonable and necessary costs associated with securing and cleaning up a crime scene, not to exceed $1,000.
949.06(1m)(a)(a) In this subsection, "family member" means any spouse, domestic partner under
ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a domestic partner under
ch. 770.
949.06(1m)(b)
(b) In accordance with this subchapter, the department shall make awards, as appropriate, to persons who, immediately prior to the crime, lived in the same household with and to family members of a victim of
s. 940.01,
940.02,
940.05,
940.06,
940.07,
940.08 or
940.09 for any of the economic losses specified in
sub. (1) as a result of the person's or family member's reaction to the death. A dependent may recover both under
sub. (1) and this subsection, subject to the limitation under
sub. (2).
949.06(2)
(2) The department may not make an award of more than $40,000 for any one injury or death.
949.06(3)
(3) Any award made under this section shall be reduced by the amount of any payment received, or to be received, as a result of the injury or death:
949.06(3)(a)
(a) From, or on behalf of, the person who committed the crime.
949.06(3)(b)
(b) From insurance payments or program, including worker's compensation and unemployment insurance.
949.06(3)(e)
(e) From one or more 3rd parties held liable for the offender's acts.
949.06(4)(a)(a) An award may be made whether or not any person is prosecuted or convicted of any offense arising out of such act or omission.
949.06(4)(b)
(b) The department may suspend proceedings under this subchapter for a period it deems appropriate on the grounds that a prosecution for an offense arising out of the act or omission has been commenced or is imminent.
949.06 Cross-reference
Cross-reference: See also ch.
Jus 11, Wis. adm. code.
949.07
949.07
Manner of payment. The award, combining both the compensation award and the funeral and burial award, if applicable, shall be paid in a lump sum, except that in the case of death or protracted disability the award may provide for periodic payments. The department may pay any portion of an award directly to the provider of any service which is the basis for that portion of the award. No award may be subject to execution, attachment, garnishment or other process, except that an award for allowable expense is not exempt from a claim of a creditor to the extent that the creditor provided products, services or accommodations the costs of which are included in the award.
949.08
949.08
Limitations on awards. 949.08(1)
(1) No order for the payment of an award may be made unless the application was made within 1 year after the date of the personal injury or death, and the personal injury or death was the result of an incident or offense which had been reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within such period, within 5 days of the time when a report could reasonably have been made. The department may waive the one-year requirement under this subsection in the interest of justice.
949.08(2)
(2) No award may be ordered if the victim:
949.08(2)(a)
(a) Engaged in conduct which substantially contributed to the infliction of the victim's injury or death or in which the victim could have reasonably foreseen could lead to the injury or death. This does not apply to awards to victims under
s. 949.03 (1) (a).
949.08(2)(b)
(b) Committed a crime which caused or contributed to the victim's injury or death.
949.08(2)(d)
(d) Has not cooperated with appropriate law enforcement agencies.
949.08(2)(e)
(e) Is an adult passenger in the offender's vehicle, the crime involved is specified in
s. 346.63 (2) or
940.25, and the passenger knew the offender was committing that offense. This paragraph does not apply if the victim is also a victim of a crime specified in
s. 940.30,
940.305,
940.31 or
948.30.
949.08(2)(em)
(em) Is an adult passenger in the offender's commercial motor vehicle, the crime involved is specified in
s. 346.63 (6) or
940.25, and the passenger knew the offender was committing that offense. This paragraph does not apply if the victim is also a victim of a crime specified in
s. 940.30,
940.305,
940.31, or
948.30.
949.08(2)(f)
(f) Has not cooperated with the department in the administration of the program.
949.08(2)(g)
(g) Is included on the statewide support lien docket under
s. 49.854 (2) (b), unless the victim provides to the department a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
