283 Relating to: rights of crime victims and witnesses.

Date of enactment: April 12, 2012
2011 Assembly Bill 232 Date of publication*: April 26, 2012

* Section 991.11, Wisconsin Statutes 2009-10 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

2011 WISCONSIN ACT 283

An Act to renumber 950.04 (1v) (a); to amend 950.01; and to create 950.04 (1v) (ag), 950.04 (1v) (dr), 950.04 (2w) (dm) and 950.105 of the statutes; relating to: rights of crime victims and witnesses.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1g . 950.01 of the statutes is amended to read:

950.01 Legislative intent. In recognition of the civic and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this state, the legislature declares its intent, in this chapter, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy and sensitivity; and that the rights extended in this chapter to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors and judges in a manner no less vigorous than the protections afforded criminal defendants. Nothing in this chapter shall be construed to impair the exercise of prosecutorial discretion.

Section 1m . 950.04 (1v) (a) of the statutes is renumbered 950.04 (1v) (ar).

Section 2 . 950.04 (1v) (ag) of the statutes is created to read:

950.04 (1v) (ag) To be treated with fairness, dignity, and respect for his or her privacy by public officials, employees, or agencies. This paragraph does not impair the right or duty of a public official or employee to conduct his or her official duties reasonably and in good faith.

Section 2d . 950.04 (1v) (dr) of the statutes is created to read:

950.04 (1v) (dr) To not have his or her personal identifiers, as defined in s. 85.103 (1) and including an electronic mail address, used or disclosed by a public official, employee, or agency for a purpose that is unrelated to the official responsibilities of the official, employee, or agency.

Section 2m . 950.04 (2w) (dm) of the statutes is created to read:

950.04 (2w) (dm) To not have his or her personal identifiers, as defined in s. 85.103 (1) and including an electronic mail address, used or disclosed by a public official, employee, or agency for a purpose that is unrelated to the official responsibilities of the official, employee, or agency.

Section 2r . 950.105 of the statutes is created to read:

950.105 Standing. A crime victim has a right to assert, in a court in the county in which the alleged violation occurred, his or her rights as a crime victim under the statutes or under article I, section 9m, of the Wisconsin Constitution. This section does not preclude a district attorney from asserting a victim's statutory or constitutional crime victim's rights in a criminal case or in a proceeding or motion brought under this section.