Wisconsin proposal would give crime victims a host of rights

By TODD RICHMOND - Associated Press - Tuesday, April 4, 2017

MADISON, Wis. (AP) - Republican lawmakers and crime victim advocates introduced a constitutional amendment Tuesday that would provide crime victims with a host of rights, including the right to have their personal information sealed in police records and allow them to speak out at more court proceedings.

The Wisconsin Constitution and state law already provide victims with a list of rights, including the right to privacy, the right to be treated with dignity, the right to attend court proceedings, the right to protection from defendants and the opportunity to make a statement during sentencing, restitution and compensation proceedings.

The new amendment, authored by Rep. Todd Novak of Dodgeville and Sen. Van Wanggaard of Racine, largely duplicates existing language but takes it a step further in several areas. In addition to the right to privacy, victims would have the right to have information or records that could be used to locate them or disclose confidential information sealed.

Bill Lueders, president of the Wisconsin Freedom of Information Council, said that Wisconsin law already allows record custodians to redact information about crime victims if they decide the victims’ privacy outweighs the public interest in the information.

“I would hope this does not shift the official standard from having a good reason to needing no reason,” Lueders said.

The amendment also gives victims the right to be heard in plea, parole, revocation, expungement and pardon proceedings in court and allows victims to opt out of direct requests for interviews, depositions or discovery from defense attorneys. Discovery is the process in which one side in a case turns over all of its evidence to the other side.

Current state law allows victims to refuse interviews or depositions with defense attorneys in criminal cases. Prosecutors are automatically required to turn over their evidence to defense attorneys in criminal cases, so there’s no need for the defense to demand discovery directly from a victim in a criminal case. The amendment’s provision, however, could block criminal defendants from launching lawsuits against victims because victims wouldn’t have to give up any information.

“Our focus needs to be on caring for and protecting … victims, not coddling criminals,” Wanggaard said in a news release announcing the amendment.

Attorney General Brad Schimel, who supports the proposal, appeared at a news conference with Novak and Wanggaard.

“We’re really not talking about giving new rights to crime victims,” Schimel said. “We’re talking about the stature they’re given in the courtroom.”

A constitutional amendment in Wisconsin must pass two consecutive legislative sessions and a statewide referendum before it can become part of the document. Spokeswomen for Assembly Speaker Robin Vos and Senate Majority Leader Scott Fitzgerald didn’t immediately return an email inquiring about support for the measure.

Tony Cotton, president of the Wisconsin Association of Criminal Defense Lawyers, didn’t immediately return a message.

A number of other states, including California, Illinois and both Dakotas have adopted similar victim rights constitutional amendments. Oklahoma’s House voted unanimously Tuesday to send a similar amendment to voters.

Supporters have dubbed the amendments “Marsy’s Law” for California college student Marsalee “Marsy” Nicholas, who was killed by an ex-boyfriend in 1983. Her brother, Henry Nicholas, a retired California technology company executive, has bankrolled an effort to put such amendments in place across the country.

The amendment has caused confusion in North and South Dakota. It has caused some law enforcement agencies to limit public information about crimes, including the locations of crimes and the identity of victimized businesses and the names of car crash victims. South Dakota Attorney General Marty Jackley convened a task force in December to figure out how to interpret the amendment.

Prosecutors in North Dakota have said they think the amendments’ provisions are vague and could slow the justice system down because victims have to be notified of all proceedings relating to a defendant’s release and sentencing, including bail hearings. Defense attorneys in that state have argued the amendment tramples defendants’ rights.

Brian Reisinger, a spokesman for Marsy’s Law for Wisconsin, a group promoting the amendment, said Wisconsin will fare better than other states that have adopted it because the state already recognizes victim rights.