CHAPTER 949
AWARDS FOR THE VICTIMS OF CRIMES
SUBCHAPTER I
CRIME VICTIM COMPENSATION
949.001 Legislative intent.
949.035 Residents; victims of crime outside the state.
949.04 Application for award.
949.05 Award; to whom payable.
949.06 Computation of award.
949.07 Manner of payment.
949.08 Limitations on awards.
949.09 Effect of conviction.
949.12 Condition of claimant.
949.13 Agency cooperation.
949.15 Department subrogation rights.
949.16 Confidentiality of records.
949.165 Escrow accounts; moneys received as a result of the commission of a serious crime.
949.18 Report by the department.
SUBCHAPTER II
SEXUAL ASSAULT FORENSIC
EXAMINATION COMPENSATION
949.24 Application for award.
949.26 Computation of awards.
949.28 Limitations on awards.
949.32 Condition of victim.
949.33 Agency cooperation.
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, psychiatric, psychological, dental, optometric, chiropractic, podiatric and hospital care; prescription medications; 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(4g)
(4g) “Parent of a victim" means a person who is a parent, guardian, or legal custodian of a child under the age of 18 who is a victim under sub.
(6).
949.01(5)
(5) “Personal injury" means actual bodily harm and includes pregnancy and mental or psychological trauma.
949.01(6)
(6) “Victim" means a person who is injured or killed by an incident specified in s.
949.03 (1m), 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 (2) or within the description of the offense listed and the condition provided in s.
949.03 (4). This definition does not apply to s.
949.165.
949.01 Note
NOTE: The cross-references to s. 949.03 (1m), (2), and (4) were changed from s. 949.03 (1) (a), (b), and (c) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 949.03 (1).
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. The department may order the payment of an award for personal injury or death which results from:
949.03 Note
NOTE: Section 949.03 (intro.) is shown as renumbered from sub. (1) (intro.) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
949.03(1m)
(1m) 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 sub.
(2); or aiding or attempting to aid a victim of the crime specified and the condition provided in sub.
(4).
949.03 Note
NOTE: Sub. (1m) is shown as renumbered from sub. (1) (a) by the legislative reference bureau under s. 13.92 (1) (bm) 2. The cross-references to sub. (2) and sub. (4) were changed from par. (b) and par. (c) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 949.03 (1) (a).
949.03(2)
(2) 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,
940.198,
940.20,
940.201,
940.204,
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,
942.09,
943.02,
943.03,
943.04,
943.10,
943.20,
943.231 (1),
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,
948.21 (1),
948.30, or
948.51.
949.03 Note
NOTE: Sub. (2) is shown as renumbered from sub. (1) (b) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
949.03 Note
NOTE: Sub. (3) is shown as renumbered from sub. (1) (bn) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
949.03(4)
(4) The commission or the attempt to commit the crime specified in s.
346.67 (1) if the victim was a pedestrian, a person riding a bicycle, or a person in a buggy.
949.03 Note
NOTE: Sub. (4) is shown as renumbered from sub. (1) (c) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
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;
2015 a. 350;
2021 a. 76,
209;
2023 a. 10; s. 13.92 (1) (bm) 2.
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(1)(ar)
(ar) Application by a minor may be made on the minor's behalf by his or her parent or guardian.
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).
