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 […]
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) “Dependent” means any spouse, domestic partner under ch. 770, […]
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. […]
949.03 Compensable acts. The department may order the payment of an award for personal injury or death which results from: NOTE: Section 949.03 (intro.) is shown as renumbered from sub. (1) (intro.) by the legislative reference bureau under s. 13.92 (1) (bm) 2. (1m) Preventing or attempting to prevent the commission of a crime; apprehending […]
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 this state upon a showing that the […]
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 individual’s behalf by the guardian or other […]
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), 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 that is […]
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) Work loss of a victim, a parent of a victim, […]
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, garnishment or other process, […]
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 the police within […]
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 any proceeding with regard thereto is […]
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 examiners to make findings and orders under s. 227.46 and this […]
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 subchapter in which that condition is an element. History: 1979 c. 189; 1981 c. […]
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 that a person is eligible for an award under this subchapter. History: 1981 c. […]
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 fees shall not exceed 10 […]
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 of the claimant and may bring an […]
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 remain confidential. History: 1975 c. 344; 1977 c. 29; […]
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) “Victim” has the meaning specified in s. 950.02 (4). (2) Payment […]
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) Intentionally conceal or fail to disclose information affecting the amount of […]
