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LRB-0299/1
MPG:kjf
2019 - 2020 LEGISLATURE
January 8, 2019 - Introduced by Senators Wanggaard, Carpenter, Bernier,
Feyen, Hansen, Jacque, Marklein, Nass, Olsen, Petrowski and Testin,
cosponsored by Representatives Novak, Crowley, Duchow, Edming,
Felzkowski, Fields, Gundrum, Horlacher, Jagler, James, Kitchens, Knodl,
Kuglitsch, Kulp, Macco, Murphy, Mursau, Oldenburg, Ott, Petryk,
Plumer, Ramthun, Rohrkaste, Sanfelippo, Schraa, Sinicki, Skowronski,
Snyder, Sortwell, Spiros, Steffen, Thiesfeldt, Tittl, Tranel, Tusler,
Vorpagel, Vruwink and Wichgers. Referred to Committee on Judiciary and
Public Safety.
SJR2,1,4 1To renumber and amend section 9m of article I; and to create section 9m (1) of
2article I, section 9m (4) of article I, section 9m (5) of article I and section 9m (6)
3of article I of the constitution; relating to: the rights of crime victims (second
4consideration).
Analysis by the Legislative Reference Bureau
    Explanation of Proposal
  This proposed constitutional amendment, to be given second consideration by
the 2019 legislature for submittal to the voters in April 2019, was first considered by
the
2017 legislature in 2017 Senate Joint Resolution 53, which became 2017
Enrolled Joint Resolution 13.
The amendment provides the following rights to victims of crime in this state:
1. To be treated with dignity, respect, courtesy, sensitivity, and fairness.
2. To privacy.
3. To proceedings free from unreasonable delay.
4. To timely disposition of the case, free from unreasonable delay.
5. To attend all proceedings involving the case.
6. To reasonable protection from the accused throughout the criminal and
juvenile justice process.
7. To reasonable and timely notification of proceedings.
8. To confer with the attorney for the government.
9. To be heard in any proceeding during which a right of the victim is
implicated.

10. To have information submitted to and considered by the authority with
jurisdiction over the case pertaining to the economic, physical, and psychological
effect of the offense upon the victim.
11. To timely notice of any release, escape, or death of the accused.
12. To refuse an interview, deposition, or other discovery request made by the
accused or any person acting on behalf of the accused.
13. To full restitution from any person ordered to pay restitution to the victim
and to be provided with assistance collecting restitution.
14. To compensation, as provided by law.
15. To reasonable and timely information about the status of the investigation
and the outcome of the case.
16. To timely notice about all rights granted under this constitutional
amendment and all other rights, privileges, or protections of the victim provided by
law, including how such rights, privileges, or protections are enforced.
Currently, the constitution requires the state to ensure that crime victims be
afforded certain privileges and protections, as provided by law, some of which are
similar to some of the rights enumerated above.
The constitutional amendment also authorizes the victim to enforce his or her
rights in court, and the attorney for the government in the case involving the victim
may seek enforcement of the victim's rights upon request of the victim. The court or
other authority must act promptly with respect to such an action and must afford a
remedy for the violation of the victim's rights.
    Procedure for Second Consideration
  When a proposed constitutional amendment is before the legislature on second
consideration, any change in the text approved by the preceding legislature causes
the proposed constitutional amendment to revert to first consideration status so that
second consideration approval would have to be given by the next legislature before
the proposal may be submitted to the people for ratification [see joint rule 57 (2)].
  If the legislature approves a proposed constitutional amendment on second
consideration, it must also set the date for submitting the proposed constitutional
amendment to the people for ratification and must determine the question or
questions to appear on the ballot.
SJR2,2,11 Whereas, the 2017 legislature in regular session considered a proposed
amendment to the constitution in 2017 Senate Joint Resolution 53, which became
2017 Enrolled Joint Resolution 13, and agreed to it by a majority of the members
elected to each of the two houses, which proposed amendment reads as follows:
SJR2,1 Section 1 . Section 9m of article I of the constitution is renumbered
section 9m. (2) (intro.) of article I and amended to read:
[Article I] Section 9m (2) (intro.) This state shall treat crime victims,
as defined by law, with fairness, dignity and respect for their privacy. This

state shall ensure that crime victims have all of the following privileges
and protections as provided by law:
In order to preserve and protect
victims' rights to justice and due process throughout the criminal and
juvenile justice process, victims shall be entitled to all of the following
rights, which shall vest at the time of victimization and be protected by
law in a manner no less vigorous than the protections afforded to the
accused:
(a) To be treated with dignity, respect, courtesy, sensitivity, and
fairness.
(b) To privacy.
(c) To proceedings free from unreasonable delay.
(d) To timely disposition of the case; the opportunity to attend court,
free from unreasonable delay.
(e) Upon request, to attend all proceedings unless the trial court
finds sequestration is necessary to a fair trial for the defendant;
involving
the case.
(f) To reasonable protection from the accused throughout the
criminal and juvenile justice process; .
(g) Upon request, to reasonable and timely notification of court
proceedings; the opportunity to.
(h) Upon request, to confer with the prosecution; the opportunity to
make a statement to the court at disposition;
attorney for the government.
(i) Upon request, to be heard in any proceeding during which a right
of the victim is implicated, including release, plea, sentencing,
disposition, parole, revocation, expungement, or pardon.
(j) To have information pertaining to the economic, physical, and
psychological effect upon the victim of the offense submitted to the
authority with jurisdiction over the case and to have that information
considered by that authority.
(k) Upon request, to timely notice of any release or escape of the
accused or death of the accused if the accused is in custody or on
supervision at the time of death.
(L) To refuse an interview, deposition, or other discovery request
made by the accused or any person acting on behalf of the accused.
(m) To full restitution; from any person who has been ordered to pay
restitution to the victim and to be provided with assistance collecting
restitution.
(n) To compensation; and as provided by law.
(o) Upon request, to reasonable and timely information about the
status of the investigation and
the outcome of the case and the release of
the accused
.

(p) To timely notice about all rights under this section and all other
rights, privileges, or protections of the victim provided by law, including
how such rights, privileges, or protections are enforced.
(3) Except as provided under sub. (2) (n), all provisions of this section
are self-executing.
The legislature shall provide may prescribe further
remedies for the violation of this section. Nothing in this section, or in any
statute enacted pursuant to this section, shall limit any right of the
accused which may be provided by law.
and further procedures for
compliance with and enforcement of this section.
SJR2,2 Section 2 . Section 9m (1) of article I of the constitution is created
to read:
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