950.04 Basic bill of rights for victims and witnesses.

1,072 words·~5 min read·/wi/chapter-950/950-04

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1v)Rights of victims. Victims of crimes have the following rights:

(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.

(ar)To have his or her interest considered when the court is deciding whether to grant a continuance in the case, as provided under ss. 938.315

(2)and 971.10

(b)3.

(b)To attend court proceedings in the case, subject to ss. 906.15 and 938.299

(1). The court may require the victim to exercise his or her right under this paragraph using telephone or live audiovisual means, if available, if the victim is under arrest, incarcerated, imprisoned or otherwise detained by any law enforcement agency or is admitted or committed on an inpatient basis to a treatment facility under ch. 51 , 971 or 980 , and the victim does not have a person specified in s. 950.02

(a)3. to exercise the victim’s right under this paragraph.

(bm)To be provided with appropriate intercession services to ensure that employers of victims will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employee’s loss of pay and other benefits resulting from court appearances.

(c)To be accompanied by a service representative, as provided under s. 895.45 .

(d)To request an order for, and to be given the results of, testing to determine the presence of a communicable disease, as provided under ss. 938.296 or 968.38 .

(dL)To not be the subject of a law enforcement officer’s or district attorney’s order, request, or suggestion that he or she submit to a test using a lie detector, as defined in s. 111.37

(b), if he or she claims to have been the victim of a sexual assault under s. 940.22

(2), 940.225 , 948.02

(1)or

(2), or 948.085 , except as permitted under s. 968.265 .

(do)To be informed about the process by which he or she may file a complaint under s. 968.02 or 968.26

(2)and about the process of an inquest under s. 979.05 if he or she is the victim of an officer-involved death, as defined in s. 175.47

(c).

(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.

(e)To be provided a waiting area under ss. 938.2965 and 967.10 .

(em)To have his or her interests considered by the court in determining whether to exclude persons from a preliminary hearing, as provided under s. 970.03

(4).

(er)To not be compelled to submit to a pretrial interview or deposition by a defendant or his or her attorney as provided under s. 971.23

(6c).

(f)To have the parole commission make a reasonable attempt to notify the victim of applications for parole, as provided under s. 304.06

(1).

(g)To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113

(g)2. , 302.114

(6), 938.27

(4m)and

(6), 938.273

(2), 971.095

(3)and 972.14

(b).

(gm)To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided under s. 973.09

(3m), 973.195

(d), or 973.198 .

(i)To have, at his or her request, the opportunity to consult with intake workers, district attorneys and corporation counsel in cases under ch. 938 , as provided under ss. 938.245

(1m), 938.265 and 938.32

(am).

(j)To have, at his or her request, the opportunity to consult with the prosecution in a case brought in a court of criminal jurisdiction, as provided under s. 971.095

(2).

(k)To a speedy disposition of the case in which they are involved as a victim in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter.

(L)To have the district attorney or corporation counsel, whichever is applicable, make a reasonable attempt to contact the victim concerning the victim’s right to make a statement, as provided under ss. 938.32

(b)2. , 938.335

(b)and 972.14

(b).

(m)To provide statements concerning sentencing, disposition, or parole, as provided under ss. 304.06

(e), 938.32

(b)1g. , 938.335

(ag), and 972.14

(a).

(n)To have direct input in the parole decision-making process, as provided by the rules promulgated under s. 304.06

(em).

(nn)To attend parole interviews or hearings and make statements as provided under s. 304.06

(eg).

(nt)To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.113

(d).

(nx)To attend a hearing on a petition for modification of a term of probation under s. 973.09

(d)and provide a statement to the court concerning modification of the term of probation as provided under s. 973.09

(3m).

(o)To have information concerning the impact of a delinquent act on the victim included in a court report under s. 938.33 and to have the person preparing the court report attempt to contact the victim, as provided under s. 938.331 .

(p)To have the person preparing a presentence investigation under s. 972.15 make a reasonable attempt to contact the victim, as provided in s. 972.15

(2m), and to view the sentence recommendation and any victim information included on the presentence investigation report, as provided in s. 972.15

(4m).

(pd)Subject to the limits set forth in s. 972.15

(4r), to view portions of a presentence investigation report prepared under s. 972.15 that relate to the crime upon the victim.

(pm)To have the court provided with information pertaining to the economic, physical and psychological effect of the crime upon the victim and have the information considered by the court.