Chapter 949 — AWARDS FOR THE VICTIMS OF CRIMES

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 o…

949.01 Definitions. In this subchapter: (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. (1m) “Department” means the department of justice. (2) “Dependen…

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 inclu…

949.03 Compensable acts. The department may order the payment of an award for personal injury or death which results from: (1m) Preventing or attempting to prevent the commission of a crime; apprehending or attempting to apprehend a suspected criminal; aiding or attempting to aid…

949.035 Residents; victims of crime outside the state. (1) If a Wisconsin resident suffers injury or death in a situation described in s. 949.03 except that the act occurred outside this state, the resident has the same rights under this subchapter as if the act had occurred in t…

949.04 Application for award. (1) ELIGIBILITY. (ag) Any person may apply for an award under this subchapter. (ar) Application by a minor may be made on the minor’s behalf by his or her parent or guardian. (b) Application by an individual adjudicated incompetent may be made on the…

949.05 Award; to whom payable. In any case in which a person is injured or killed by an incident specified in s. 949.03 (1m) or (1s), by any act or omission of any other person that is within the description of crimes under s. 949.03 (2) or by any act or omission of any person th…

949.06 Computation of award. (1) In accordance with this subchapter, the department shall make awards, as appropriate, for any of the following economic losses incurred as a direct result of an injury: (a) Medical treatment, subject to the limits set forth under par. (bg). (b) Wo…

949.07 Manner of payment. The award may be paid in a lump sum or in periodic payments. The department may pay any portion of an award directly to the provider of any service which is the basis for that portion of the award. No award may be subject to execution, attachment, garnis…

949.08 Limitations on awards. (1) No order for the payment of an award may be made unless the application was made within 1 year after the date of the personal injury or death, and the personal injury or death was the result of an incident or offense which had been reported to th…

949.09 Effect of conviction. If any person has been convicted of any offense with respect to an act or omission on which a claim under this subchapter is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or…

949.11 Hearings. (1) The procedure of ch. 227 for contested cases applies to hearings under this subchapter except as otherwise provided in this section and ss. 949.12 and 949.14. (2) The division of hearings and appeals in the department of administration shall appoint hearing e…

949.115 Subpoenas. The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this subchapter and may enforce compliance with such subpoenas as provided in s. 885.12. History: 1981 c. 20; 2007 a. 20.

949.12 Condition of claimant. There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical, mental or emotional condition of the claimant or victim in a proceeding under this subchapte…

949.13 Agency cooperation. Upon request by the department, any state or local agency, including a district attorney or law enforcement agency, shall make available all reports, files and other appropriate information which the department requests in order to make a determination …

949.14 Attorney fees. (1) The department may determine and allow reasonable attorney fees to be paid out of, but not in addition to, the amount of the award granted to a claimant. No attorney may ask for, contract for or receive any larger sum than the amount so allowed. Attorney…

949.15 Department subrogation rights. (1) Whenever the department orders the payment of an award under this subchapter as a result of the occurrence of an event that creates a cause of action on the part of a claimant against any person, the department is subrogated to the rights…

949.16 Confidentiality of records. The record of a proceeding before an examiner or the department under this subchapter is a public record. Any record or report obtained by an examiner or the department, the confidentiality of which is protected by any other law or rule, shall r…

949.165 Escrow accounts; moneys received as a result of the commission of a serious crime. (1) DEFINITIONS. In this section: (a) “Serious crime” has the meaning designated in s. 969.08 (10) (b) and includes solicitation, conspiracy or attempt to commit a serious crime. (b) “Victi…

949.17 Offenses. (1) PROHIBITION. In connection with the crime victim compensation program, no person may: (a) Submit a fraudulent application or claim for an award; (b) Intentionally make or cause to be made any false statement or representation of a material fact; or (c) Intent…

949.18 Report by the department. The department’s biennial report under s. 15.04 (1) (d) shall include a report of its activities under this subchapter including: (1) An explanation of the procedures for filing and processing claims under this subchapter. (2) A description of the…

949.20 Definitions. In this subchapter: (1) “Cooperate with a law enforcement agency” means to report a sex offense to a law enforcement agency or to aid a law enforcement agency in the investigation of a sex offense. (2) “Department” means the department of justice. (3) “Examina…

949.22 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 inclu…

949.24 Application for award. (1) ELIGIBILITY. Any health care provider who conducts an examination to gather evidence regarding a sex offense may apply for an award under this subchapter. (2) FORMS. The department shall prescribe application forms for awards under this subchapte…

949.26 Computation of awards. (1) Except as provided in sub. (1m), the department shall make an award under this section to a health care provider who conducts an examination to gather evidence regarding a sex offense to reimburse the health care provider only for the examination…

949.28 Limitations on awards. (1) No order for the payment of an award under this subchapter may be made unless the application was made within one year after the date of the examination. The department may waive the one-year requirement under this subsection in the interest of j…

949.31 Hearings. (1) The procedure of ch. 227 for contested cases applies to hearings under this subchapter except as otherwise provided in this section and s. 949.32. (2) The division of hearings and appeals in the department of administration shall appoint hearing examiners to …

949.315 Subpoenas. The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this subchapter and may enforce compliance with such subpoenas as provided in s. 885.12. History: 2007 a. 20.

949.32 Condition of victim. There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical condition of the victim in a proceeding under this subchapter in which that condition is an ele…

949.33 Agency cooperation. Upon request by the department, any state or local agency, including a district attorney or law enforcement agency, shall make available all reports, files, and other appropriate information which the department requests in order to make a determination…

949.37 Offenses. (1) PROHIBITION. In connection with an award under this subchapter, no person may do any of the following: (a) Submit a fraudulent application or claim for an award. (b) Intentionally make or cause to be made any false statement or representation of a material fa…

949.38 Report by the department. The department’s biennial report under s. 15.04 (1) (d) shall include a report of its activities under this subchapter including all of the following: (1) An explanation of the procedures for filing and processing claims under this subchapter. (2)…