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MLJ:amn
2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 32
February 11, 2020 - Offered by Senator Jacque.
SB32-SSA1,1,3 1An Act to amend 304.06 (1) (e), 304.10 (2), 938.32 (1) (b) 1g., 938.335 (3m) (ag),
2950.04 (1v) (m) and 972.14 (3) (a); and to create 938.293 (4) and 971.23 (6r) of
3the statutes; relating to: crime victim statements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB32-SSA1,1 4Section 1. 304.06 (1) (e) of the statutes is amended to read:
SB32-SSA1,1,125 304.06 (1) (e) The parole commission shall permit any office or person under
6par. (c) 1. to 3. to provide written statements. The parole commission shall give
7consideration to any written statements provided by any such office or person and
8received on or before the date specified in the notice. This paragraph does not limit
9the authority of the parole commission to consider other statements or information
10that it receives in a timely fashion. Any statement provided under this paragraph
11by a person described in par. (c) 3. shall be kept confidential by the parole commission
12and is not subject to further disclosure.
SB32-SSA1,2
1Section 2. 304.10 (2) of the statutes is amended to read:
SB32-SSA1,2,82 304.10 (2) When a victim or member of the victim's family receives notice under
3s. 304.09 (3), he or she may provide the governor with written statements indicating
4his or her views regarding the application and stating any circumstances within his
5or her knowledge in aggravation or extenuation of the applicant's guilt. Upon receipt
6of any such statement, the governor shall place the statement with the other pardon
7application papers. Any statement provided under this subsection shall be kept
8confidential and is not subject to further disclosure.
SB32-SSA1,3 9Section 3. 938.293 (4) of the statutes is created to read:
SB32-SSA1,2,1710 938.293 (4) Victim statements. If the juvenile, the juvenile's counsel, or the
11guardian ad litem receives a victim statement provided under s. 950.04 (1v) (m), the
12statement and its contents shall be kept confidential and may not be printed, copied,
13or disseminated. Immediately after the conclusion of the dispositional hearing
14where the statement is being considered, the court shall require the juvenile, the
15juvenile's counsel, and the guardian ad litem to return any copies of the statement
16to the court. Intentional failure to comply with this subsection may be punished as
17contempt of court under ch. 785.
SB32-SSA1,4 18Section 4. 938.32 (1) (b) 1g. of the statutes is amended to read:
SB32-SSA1,2,2519 938.32 (1) (b) 1g. The court shall determine whether a victim of the juvenile's
20act wants to make a statement to the court. If a victim wants to make a statement,
21the court shall allow the victim to make a statement in court or to submit a written
22statement to be read to the court. Any victim statement submitted under this
23subdivision shall be kept confidential and sealed by the court.
The court may allow
24any other person to make or submit a statement under this subdivision. Any
25statement made under this subdivision must be relevant to the consent decree.
SB32-SSA1,5
1Section 5. 938.335 (3m) (ag) of the statutes is amended to read:
SB32-SSA1,3,82 938.335 (3m) (ag) The court shall determine whether a victim of the juvenile's
3act wants to make a statement to the court. If a victim wants to make a statement,
4the court shall allow the victim to make a statement in court or to submit a written
5statement to be read to the court. Any victim statement submitted under this
6paragraph shall be kept confidential and sealed by the court.
The court may allow
7any other person to make or submit a statement under this paragraph. Any
8statement made under this paragraph must be relevant to the disposition.
SB32-SSA1,6 9Section 6. 950.04 (1v) (m) of the statutes is amended to read:
SB32-SSA1,3,1510 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or
11parole, or pardon, as provided under ss. 304.06 (1) (e), 304.10 (2), 938.32 (1) (b) 1g.,
12938.335 (3m) (ag), and 972.14 (3) (a). Any statement provided under this paragraph
13shall be kept confidential and is not subject to further disclosure by the court, parole
14commission, or governor. This paragraph does not limit the obligation of the district
15attorney from complying with any applicable discovery requirements.
SB32-SSA1,7 16Section 7. 971.23 (6r) of the statutes is created to read:
SB32-SSA1,3,2317 971.23 (6r) Victim statements. If the defendant or his or her attorney receives
18a victim statement provided under s. 950.04 (1v) (m), the statement and its contents
19shall be kept confidential and may not be printed, copied, or disseminated.
20Immediately after the conclusion of the sentencing hearing where the statement is
21being considered, the court shall require the defendant or his or her attorney to
22return any copies of the statement to the court. Intentional failure to comply with
23this subsection may be punished as contempt of court under ch. 785.
SB32-SSA1,8 24Section 8. 972.14 (3) (a) of the statutes is amended to read:
SB32-SSA1,4,8
1972.14 (3) (a) Before pronouncing sentence, the court shall determine whether
2a victim of a crime considered at sentencing wants to make a statement to the court.
3If a victim wants to make a statement, the court shall allow the victim to make a
4statement in court or to submit a written statement to be read in court. Any victim
5statement submitted under this paragraph shall be kept confidential and sealed by
6the court.
The court may allow any other person to make or submit a statement
7under this paragraph. Any statement under this paragraph must be relevant to the
8sentence.
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