Chapter 949

CHAPTER 949

AWARDS FOR THE VICTIMS OF CRIMES

SUBCHAPTER I

CRIME VICTIM COMPENSATION

949.001   Legislative intent.

949.01   Definitions.

949.02   Administration.

949.03   Compensable acts.

949.035   Residents; victims of crime outside the state.

949.04   Application for award.

949.05   Award; to whom payable.

949.06   Computation of award.

949.07   Manner of payment.

949.08   Limitations on awards.

949.09   Effect of conviction.

949.11   Hearings.

949.115   Subpoenas.

949.12   Condition of claimant.

949.13   Agency cooperation.

949.14   Attorney fees.

949.15   Department subrogation rights.

949.16   Confidentiality of records.

949.165   Escrow accounts; moneys received as a result of the commission of a serious crime.

949.17   Offenses.

949.18   Report by the department.

SUBCHAPTER II

SEXUAL ASSAULT FORENSIC
EXAMINATION COMPENSATION

949.20   Definitions.

949.22   Administration.

949.24   Application for award.

949.26   Computation of awards.

949.28   Limitations on awards.

949.31   Hearings.

949.315   Subpoenas.

949.32   Condition of victim.

949.33   Agency cooperation.

949.36   Confidentiality.

949.37   Offenses.

949.38   Report by the department.

Ch. 949 Cross-reference Cross-reference: See definitions in s. 939.22.

Ch. 949 Cross-reference Cross-reference: See also ch. Jus 11, Wis. adm. code.

subch. I of ch. 949 SUBCHAPTER I

CRIME VICTIM COMPENSATION

949.001 949.001 Legislative intent. The legislature finds and declares that the state has a moral responsibility to aid innocent victims of violent crime. In order to maintain and to strengthen our democratic system of law and social order, it is essential that the rights of the victim of a crime should be as fully protected as the rights of the criminal offender. Adequate protection and assistance of victims of crime will also encourage greater public cooperation in the successful apprehension and prosecution of criminal offenders. It is the intention of the legislature that the state should provide sufficient assistance to victims of crime and their families in order to ease their financial burden and to maintain their dignity as they go through a difficult and often traumatic period. It is also the intention of the legislature that the department should actively publicize the crime victim compensation program and promote its use.

949.001 History History: 1979 c. 189.

949.01 949.01 Definitions. In this subchapter:

949.01(1) (1) “Crime” means an act committed in this state which would constitute a crime as defined in s. 939.12 if committed by a competent adult who has no legal defense for the act.

949.01(1m) (1m) “Department” means the department of justice.

949.01(2) (2) “Dependent” means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of spouse or of domestic partner under ch. 770, of a deceased victim who was wholly or partially dependent upon the victim’s income at the time of the victim’s death and includes any child of the victim born after the victim’s death.

949.01(3) (3) “Law enforcement agency” has the meaning designated under s. 165.83 (1) (b).

949.01(4) (4) “Medical treatment” includes medical, surgical, psychiatric, psychological, dental, optometric, chiropractic, podiatric and hospital care; prescription medications; medical, dental and surgical supplies; crutches; artificial members; appliances and training in the use of artificial members and appliances. “Medical treatment” includes any Christian Science treatment for cure or relief from the effects of injury.

949.01(4g) (4g) “Parent of a victim” means a person who is a parent, guardian, or legal custodian of a child under the age of 18 who is a victim under sub. (6).

949.01(4m) (4m) “Pedestrian” has the meaning given in s. 340.01 (43).

949.01(5) (5) “Personal injury” means actual bodily harm and includes pregnancy and mental or psychological trauma.

949.01(6) (6) “Victim” means a person who is injured or killed by an incident specified in s. 949.03 (1m), or by any act or omission of any other person that is within the description of any of the offenses listed in s. 949.03 (2) or within the description of the offense listed and the condition provided in s. 949.03 (4). This definition does not apply to s. 949.165.

949.01 Note NOTE: The cross-references to s. 949.03 (1m), (2), and (4) were changed from s. 949.03 (1) (a), (b), and (c) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 949.03 (1).

949.01 History History: 1975 c. 344, 421; 1977 c. 239; 1979 c. 189; 1981 c. 20; 1983 a. 467; 1985 a. 135 s. 83 (3); 1989 a. 140; 1995 a. 153; 2007 a. 20; 2009 a. 28; 2015 a. 350; s. 13.92 (1) (bm) 2.

949.02 949.02 Administration. The department shall administer this subchapter. The department shall appoint a program director to assist in administering this subchapter. The department shall promulgate rules for the implementation and operation of this subchapter. The rules shall include procedures to ensure that any limitation of an award is calculated in a fair and equitable manner.