I,9m(2)(a)(a) To be treated with dignity, respect, courtesy, sensitivity, and fairness. I,9m(2)(c)(c) To proceedings free from unreasonable delay. I,9m(2)(d)(d) To timely disposition of the case, free from unreasonable delay. I,9m(2)(e)(e) Upon request, to attend all proceedings involving the case. I,9m(2)(f)(f) To reasonable protection from the accused throughout the criminal and juvenile justice process. I,9m(2)(g)(g) Upon request, to reasonable and timely notification of proceedings. I,9m(2)(h)(h) Upon request, to confer with the attorney for the government. I,9m(2)(i)(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. I,9m(2)(j)(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. I,9m(2)(k)(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. I,9m(2)(L)(L) To refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused. I,9m(2)(m)(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. I,9m(2)(o)(o) Upon request, to reasonable and timely information about the status of the investigation and the outcome of the case. I,9m(2)(p)(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. I,9m(3)(3) Except as provided under sub. (2) (n), all provisions of this section are self-executing. The legislature may prescribe further remedies for the violation of this section and further procedures for compliance with and enforcement of this section. I,9m(4)(a)(a) In addition to any other available enforcement of rights or remedy for a violation of this section or of other rights, privileges, or protections provided by law, the victim, the victim’s attorney or other lawful representative, or the attorney for the government upon request of the victim may assert and seek in any circuit court or before any other authority of competent jurisdiction, enforcement of the rights in this section and any other right, privilege, or protection afforded to the victim by law. The court or other authority with jurisdiction over the case shall act promptly on such a request and afford a remedy for the violation of any right of the victim. The court or other authority with jurisdiction over the case shall clearly state on the record the reasons for any decision regarding the disposition of a victim’s right and shall provide those reasons to the victim or the victim’s attorney or other lawful representative. I,9m(4)(b)(b) Victims may obtain review of all adverse decisions concerning their rights as victims by courts or other authorities with jurisdiction under par. (a) by filing petitions for supervisory writ in the court of appeals and supreme court. I,9m(5)(5) This section does not create any cause of action for damages against the state; any political subdivision of the state; any officer, employee, or agent of the state or a political subdivision of the state acting in his or her official capacity; or any officer, employee, or agent of the courts acting in his or her official capacity. I,9m(6)(6) This section is not intended and may not be interpreted to supersede a defendant’s federal constitutional rights or to afford party status in a proceeding to any victim. [1991 J.R. 17, 1993 J.R. 2, vote April 1993; 2017 J.R. 13, 2019 J.R. 3, vote April 2020] The state did not breach a plea agreement when two police officers, one of whom the defendant shot during the execution of a search warrant, requested during the sentencing hearing that the sentencing court impose the maximum sentence. The police officers were not speaking to the court as investigating officers, but as victims of a crime, which they had a right to do. In Wisconsin, every crime victim has the right to make a statement to the court at disposition. State v. Stewart, 2013 WI App 86, 349 Wis. 2d 385, 836 N.W.2d 456, 12-1457. A victim has an individual interest in privacy guaranteed by sub. (2) (b) and in preserving the atmosphere of trust and confidence necessary to obtain effective medical treatment. State v. Johnson, 2023 WI 39, 407 Wis. 2d 195, 990 N.W.2d 174, 19-0664. The only reasonable interpretation of sub. (2) (m) is that victims have the right to recoup the total amount of money that a circuit court orders as restitution, consistent with the statutes that define and govern the restitution that a court may order. The able-to-pay limitation on juvenile restitution in s. 938.34 (5) (a) does not conflict with the right to “full restitution” provided by sub. (2) (m) and is constitutional. State v. M.L.J.N.L., 2024 WI App 11, 411 Wis. 2d 174, 4 N.W.3d 633, 21-1437. This section provides for restitution only insofar as the legislature confers that right through statute. The legislature makes restitution available to crime victims under s. 973.20 and other statutes, but crime victims are not guaranteed restitution in every instance. Section 973.20 (12) (b) makes clear that restitution payments take priority over specific statutory fees, surcharges, fines, and costs, but the priority scheme does not include supervision fees under s. 304.074. OAG 2-15.
Marsy’s Law: Changes for Crime Victims? Donaldson, Rabe Mayer, Robson, Rufo, Sattler, & Shirley. Wis. Law. Sept. 2020.
I,10Treason. Section 10. Treason against the state shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. I,11Searches and seizures. Section 11. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.