2017 Special Session
2017 - 2018 LEGISLATURE
Rights of crime victims.
Preliminary Draft - Not Ready For Introduction
May 17, 2017 - Introduced by Senators Wanggaard, Carpenter, Petrowski,
Hansen, Nass, Lasee, Cowles, Olsen, Harsdorf and Feyen, cosponsored by
Representatives Novak, Sanfelippo, Sinicki, Jacque, Fields, Felzkowski,
Spiros, Macco, Vorpagel, Mursau, Neylon, Zepnick, Murphy, Kulp, Tranel,
Steffen, Kuglitsch, Kerkman, Ballweg, Brandtjen, Horlacher, Bernier,
Kleefisch, Skowronski, Snyder, Young, E. Brooks, Kitchens, Rohrkaste,
Thiesfeldt, Schraa and Ripp. Referred to Committee on Judiciary and Public
1To renumber and amend
section 9m of article I; and
section 9m (1) of 2
article I, section 9m (4) of article I and section 9m (5) of article I of the 3
constitution; relating to: the rights of crime victims (first consideration).
Analysis by the Legislative Reference Bureau
This constitutional amendment, proposed to the 2017 legislature on first
consideration, 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 have information or records protected that could be used to locate or
harass the victim or that could disclose confidential or privileged information of the
4. To proceedings free from unreasonable delay.
5. To timely disposition of the case, free from unreasonable delay.
6. To be present at all proceedings involving the case.
7. To reasonable protection from the accused throughout the justice process.
8. To reasonable and timely notification of proceedings.
9. To confer with the attorney for the government.
10. To be informed by and provide input to the attorney for the government
about any case disposition agreement.
11. To be heard in any proceeding during which a right of the victim is
12. 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 crime or juvenile offense upon the victim.
13. To timely notice of any release, escape, or death of the accused.
14. To refuse an interview, deposition, or other discovery request made by the
accused or any person acting on behalf of the accused.
15. To full restitution and to be provided with assistance collecting restitution.
16. To have any moneys or property collected from a person who has been
ordered to make restitution to the victim be applied first to restitution of the victim
before being applied to any amounts owed by that person to the government.
17. To compensation, as provided by law.
18. To timely information about the outcome of the case.
19. 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 with jurisdiction over the case must act promptly with respect to such
an action and must afford a meaningful remedy for the violation of the victim's rights.
A constitutional amendment requires adoption by two successive legislatures,
and ratification by the people, before it can become effective.
1Resolved by the
senate, the assembly concurring, That:
Section 9m of article I of the constitution is renumbered section 9m. 3
(2) (intro.) of article I and amended to read:
[Article I] Section 9m (2) (intro.) This state shall treat crime victims, as defined
5by law, with fairness, dignity and respect for their privacy. This state shall ensure
6that crime victims have all of the following privileges and protections as provided by
7law: In order to preserve and protect victims' rights to justice and due process,
8victims shall be entitled to all of the following rights, which shall vest at the time of
1victimization and be protected by law in a manner no less vigorous than the
2protections afforded to the accused:
3(a) To be treated with dignity, respect, courtesy, sensitivity, and fairness.
4(b) To privacy.
5(c) To have information or records protected that could be used to locate or
6harass the victim or that could disclose confidential or privileged information of the
8(d) To proceedings free from unreasonable delay.
timely disposition of the case; the opportunity to attend court, free from
11(f) To be present at all times at all
unless the trial court finds
12sequestration is necessary to a fair trial for the defendant;
involving the case.
reasonable protection from the accused throughout the criminal
15(h) To reasonable and timely
proceedings; the opportunity
confer with the prosecution; the opportunity to make a statement to the
18court at disposition; attorney for the government.
19(j) To be informed by and provide input to the attorney for the government about
20any case disposition agreement, including a plea agreement, deferred prosecution
21agreement, or diversion agreement, before a final decision is made concerning such
23(k) To be heard in any proceeding during which a right of the victim is
24implicated, including release, plea, sentencing, disposition, parole, revocation,
25expungement, or pardon.
1(L) To have information submitted to the authority with jurisdiction over the
2case pertaining to the economic, physical, and psychological effect of the crime or
3juvenile offense upon the victim and to have that information considered by that
5(m) To timely notice of any release or escape of the accused or death of the
6accused if the accused is in custody or on supervision at the time of death.
7(n) To refuse an interview, deposition, or other discovery request made by the
8accused or any person acting on behalf of the accused.
9(o) To full
and to be provided with assistance collecting restitution.
10(p) To have any moneys or property collected from a person who has been
11ordered to make restitution to the victim be applied first to restitution of the victim
12before being applied to any amounts owed by that person to the government.