State Victims' Rights Amendments

Wisconsin

A revision of Wisconsin's constitutional amendment (Marsy's Law) was ratified on April 7, 2020 with a statewide margin of 75-25 percent. On Nov. 3, 2020, a circuit court judge ruled the amendment was improperly worded on the ballot for failing to spell out the effect of the amendment on the rights of people accused of crimes. The judge did not, however, nullify the amendment pending appeal to the State Supreme Court. On December 21, 2021, the state District 3 Court of Appeals asked the state Supreme Court to take the case directly because of the statewide importance, novelty of the questions on appeal and lack of significant legal authority. The Court heard oral arguments on September 6, 2022. On May 16, 2023, the Wisconsin Supreme Court reversed the circuit court and upheld the ratification of Marsy's Law.

The amendment strengthens Article I, section 9m of the Wisconsin Constitution which was ratified in 1993 with 84 percent of the statewide vote. Article 1, section 9m, after incorporating the Marsy's Law revisions, reads:

[Article I] Section 9m (1) (a) In this section, notwithstanding any statutory right, privilege, or protection, “victim” means any of the following:

1. A person against whom an act is committed that would constitute a crime if committed by a competent adult.
2. If the person under subd. 1. is deceased or is physically or emotionally unable to exercise his or her rights under this section, the person's spouse, parent or legal guardian, sibling, child, person who resided with the deceased at the time of death, or other lawful representative.
3. If the person under subd. 1. is a minor, the person's parent, legal guardian or custodian, or other lawful representative.
4. If the person under subd. 1. is adjudicated incompetent, the person's legal guardian or other lawful representative.

(b) “Victim” does not include the accused or a person who the court finds would not act in the best interests of a victim who is deceased, incompetent, a minor, or physically or emotionally unable to exercise his or her rights under this section.

       (2) (intro.) In order to preserve and protect victims' rights to justice and due process throughout the criminal and juvenile justice process, victims shall be entitled to all of the following rights, which shall vest at the time of victimization and be protected by law in a manner no less vigorous than the protections afforded to the accused:

(a) To be treated with dignity, respect, courtesy, sensitivity, and fairness.
(b) To privacy.
(c) To proceedings free from unreasonable delay.
(d) To timely disposition of the case free from unreasonable delay.
(e) Upon request, to attend all proceedings involving the case.
(f) To reasonable protection from the accused throughout the criminal and juvenile justice process.
(g) Upon request, to reasonable and timely notification of proceedings.
(h) Upon request, to confer with attorney for the government.
(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.
(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.
(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.
(L) To refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused.
(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.
(n) To compensation as provided by law.
(o) Upon request, to reasonable and timely information about the status of the investigation and the outcome of the case.
(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.

       (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.

       (4) (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.

           (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.

       (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.

      (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.

A state Constitutional Amendment for Victims' Rights was passed in April, 1993.
The amendment was passed by 84% of voters.

Amendment Text

ARTICLE I, SECTION 9m – VICTIMS OF CRIME
This state shall treat crime victims, as defined by law, with fairness, dignity and respect for their privacy. This state shall ensure that crime victims have all of the following privileges and protections as provided by law:

timely disposition of the case;
the opportunity to attend court proceedings unless the trial court finds sequestration is necessary to a fair trial for the defendant;
reasonable protection from the accused throughout the criminal justice process;
notification of court proceedings;
the opportunity to confer with the prosecution;
the opportunity to make a statement to the court at disposition;
restitution;
compensation; and
information about the outcome of the case and the release of the accused.

The legislature shall provide remedies for the violation of this section. Nothing in this section, or in any statute enacted pursuant to this section, shall limit any right of the accused which may be provided by law.

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