2019 - 2020 LEGISLATURE
February 15, 2019 - Introduced by Senators Jacque,
Darling, Olsen and
Wanggaard, cosponsored by Representatives Horlacher, Brandtjen,
Dittrich, Hutton, Kulp, Ramthun, Skowronski, Steffen, Tittl, Tusler,
Zimmerman and Brooks. Referred to Committee on Insurance, Financial
Services, Government Oversight and Courts.
1An Act to amend
950.04 (1v) (m); and to create
971.097 of the statutes; 2relating to: crime victim impact statements.
Analysis by the Legislative Reference Bureau
Under current law, a crime victim may offer a statement regarding the impact
of the crime on his or her life, which may be considered at sentencing, disposition,
or parole hearings.
This bill names such a statement a “victim impact statement.” Under the bill,
a victim impact statement is confidential, and unless the statement contains
exculpatory information, the statement is not considered a witness statement that
must be disclosed by the prosecuting attorney to the court and to the defendant at
trial. The bill allows a victim to amend or retract a victim impact statement he or
she has provided up until the time at which it is disclosed. Under the bill, a victim
impact statement may not be disclosed until after a plea has been entered or a
conviction has been obtained in a criminal case, at which time the statement must
be disclosed to the court, the prosecuting attorney, and the defendant or the
defendant's attorney, and the judge must enter a protective order barring
redisclosure of the statement. The bill requires that a disclosed statement be kept
confidential and returned to the court at the conclusion of representation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
950.04 (1v) (m) of the statutes is amended to read:
(m) To provide statements a victim impact statement, as defined
3in s. 971.097 (1) (b),
concerning sentencing, disposition, or parole, as provided under 4
ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 (3) (a).
971.097 of the statutes is created to read:
6971.097 Victim impact statements.
In this section:
(a) “Victim” has the meaning given in s. 950.02 (4).
(b) “Victim impact statement” means a statement provided by a victim 9
concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e), 10
938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 (3) (a).
11(2) Victim impact statement confidentiality, disclosure.
(a) A victim impact 12
statement provided to a prosecuting attorney or the court is confidential, is not 13
subject to public inspection or copying under s. 19.35, and may not be disclosed or 14
disseminated except as provided in par. (c). Unless a victim impact statement 15
contains exculpatory information, it is not a witness statement for purposes of s. 16
971.23 (1) (e) and may not be furnished to the court or to the defendant or the 17
defendant's attorney under s. 971.23 (1) (e).
(b) A victim may provide a victim impact statement to a prosecuting attorney 19
or the court at any time, and the statement shall be kept confidential until it is 20
disclosed under par. (c). At any time before disclosure of a victim impact statement 21
under par. (c), the victim may change or retract his or her victim impact statement, 22
and the original statement may not be disclosed.
(c) In a criminal case, a victim impact statement shall be disclosed to the court, 24
the prosecuting attorney, and the defendant or the defendant's attorney after a guilty 25
plea has been entered or, if the defendant pleads not guilty, after a conviction has
been obtained in the case. If a victim impact statement is disclosed, the court shall 2
enter a protective order under s. 971.23 (6) that provides that any statement 3
provided to the court, the prosecuting attorney, and the defendant or the defendant's 4
attorney shall be kept confidential and may not be redisclosed or disseminated 5
unless specifically authorized by the court. Any statement provided in paper form 6
shall be turned over to the court at the conclusion of representation. Any provided 7
or stored electronic statement shall be deleted at the conclusion of representation by 8
the prosecuting attorney and the defendant or the defendant's attorney, each of 9
whom shall provide the court with an affidavit affirming that the statement has been 10
deleted. The court shall retain any victim impact statement under seal as specified 11
in SCR 72.01.