SB32: Bill Text

LRB-0170/1

MLJ:emw

2019 - 2020 LEGISLATURE

2019 Senate BILL 32

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.

SB32,1,2 An Act to amend 950.04 (1v) (m); and to create 971.097 of the statutes; relating 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:

SB32,1 Section 1. 950.04 (1v) (m) of the statutes is amended to read:

SB32,2,4 950.04 (1v) (m) To provide statements a victim impact statement, as defined in s. 971.097 (1) (b), concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 (3) (a).

SB32,2 Section 2. 971.097 of the statutes is created to read:

SB32,2,6 971.097 Victim impact statements. (1) Definitions. In this section:

SB32,2,7 (a) “Victim” has the meaning given in s. 950.02 (4).

SB32,2,10 (b) “Victim impact statement” means a statement provided by a victim concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 (3) (a).

SB32,2,17 (2) Victim impact statement confidentiality, disclosure. (a) A victim impact statement provided to a prosecuting attorney or the court is confidential, is not subject to public inspection or copying under s. 19.35, and may not be disclosed or disseminated except as provided in par. (c). Unless a victim impact statement contains exculpatory information, it is not a witness statement for purposes of s. 971.23 (1) (e) and may not be furnished to the court or to the defendant or the defendant's attorney under s. 971.23 (1) (e).

SB32,2,22 (b) A victim may provide a victim impact statement to a prosecuting attorney or the court at any time, and the statement shall be kept confidential until it is disclosed under par. (c). At any time before disclosure of a victim impact statement under par. (c), the victim may change or retract his or her victim impact statement, and the original statement may not be disclosed.

SB32,3,11 (c) In a criminal case, a victim impact statement shall be disclosed to the court, the prosecuting attorney, and the defendant or the defendant's attorney after a guilty 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 enter a protective order under s. 971.23 (6) that provides that any statement provided to the court, the prosecuting attorney, and the defendant or the defendant's attorney shall be kept confidential and may not be redisclosed or disseminated unless specifically authorized by the court. Any statement provided in paper form shall be turned over to the court at the conclusion of representation. Any provided or stored electronic statement shall be deleted at the conclusion of representation by the prosecuting attorney and the defendant or the defendant's attorney, each of whom shall provide the court with an affidavit affirming that the statement has been deleted. The court shall retain any victim impact statement under seal as specified in SCR 72.01.

SB32,3,12 (End)