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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 59
February 23, 2023 - Introduced by Representatives SORTWELL, STEFFEN, BEHNKE,
DUCHOW, GREEN, GUNDRUM, MURPHY, MURSAU, PENTERMAN and TUSLER,
cosponsored by Senators WANGGAARD and TAYLOR. Referred to Committee on
Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 949.01 (6), 949.03 (intro.), (1m), (2), (3) and
(4) and 949.05; to amend 949.035 (1), 949.04 (3), 949.06 (1) (intro.), 949.06 (3)
(intro.), 949.08 (1), (1m) (a) and (2) (a) and (b) and 949.15 (1); and to create
949.01 (6) (b), 949.03 (2m), 949.05 (2m) and 949.06 (3m) of the statutes;
relating to: providing victim compensation for damage to a building by means
of fire or explosives.
Analysis by the Legislative Reference Bureau
This bill adds intentional damage to a building by means of fire or explosives
to the types of injury that may be compensated under the victim compensation
program.
Under current law, the Department of Justice administers a program that
compensates victims and their relatives for economic loss due to personal injury or
death that results from the commission of a crime. Allowable expenses include loss
of income, medical treatments, replacement value for property held for evidence, and
certain other types of expenses that are not paid by insurance or paid for by the
perpetrator of the crime. Under current law, a person may not receive an award
under the victim compensation program unless the victim suffered personal injury
or death as a result of the crime, and the allowable expenses to be paid do not
generally include property damage as a result of the crime. Current law limits the
amount to be paid for each personal injury or death to $40,000.
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Under the bill, if a building is intentionally damaged by means of fire or
explosives, the owner of the building may receive compensation from the victim
compensation program. The amount of the award is equal to the difference between
the amount paid by insurance and the cost of necessary repairs or the fair market
value of the building, whichever is less. The bill maintains the $40,000 cap on an
award from the victim compensation program for damage to a building.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 949.01 (6) of the statutes is renumbered 949.01 (6) (intro.) and
amended to read:
949.01 (6) (intro.) “Victim" “Victim,” except as provided under s. 949.165,
means a any of the following:
(a) A person who is injured or killed by an incident specified in s. 949.03 (1m)
(1) (a), or by any act or omission of any other person that is within the description
of any of the offenses listed in s. 949.03 (2) (1) (b) or within the description of the
offense listed and the condition provided in s. 949.03 (4). This definition does not
apply to s. 949.165 (1) (d).
SECTION 2. 949.01 (6) (b) of the statutes is created to read:
949.01 (6) (b) A person who owns a building that was damaged or destroyed by
means of fire or explosives under s. 943.02.
SECTION 3. 949.03 (intro.), (1m), (2), (3) and (4) of the statutes are renumbered
949.03 (1) (intro.), (a), (b), (c) and (d), and 949.03 (1) (a), as renumbered, is amended
to read:
949.03 (1) (a) Preventing or attempting to prevent the commission of a crime;
apprehending or attempting to apprehend a suspected criminal; aiding or
attempting to aid a police officer to apprehend or arrest a suspected criminal; aiding
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or attempting to aid a victim of a crime specified in sub. (2) par. (b); or aiding or
attempting to aid a victim of the crime specified and the condition provided in sub.
(4) par. (d).
SECTION 4. 949.03 (2m) of the statutes is created to read:
949.03 (2m) The department may order the payment of an award for damage
to a building that results from a violation of s. 943.02.
SECTION 5. 949.035 (1) of the statutes is amended to read:
949.035 (1) If a Wisconsin resident suffers injury or death in a situation
described in s. 949.03 (1) 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 state, territory, country or political subdivision of a country
in which the act occurred does not have a compensation of victims of crimes law which
covers the injury or death suffered by the person.
SECTION 6. 949.04 (3) of the statutes is amended to read:
949.04 (3) MEDICAL AND DENTAL RECORDS. The For an application for an award
payment under s. 949.03 (1), the applicant shall submit to the department reports
from all physicians, osteopaths, dentists, optometrists, chiropractors or podiatrists
who treated or examined the victim at the time of or subsequent to the victim's injury
or death. The department may also order such other examinations and reports of the
victim's previous medical and dental history, injury or death as it believes would be
of material aid in its determination.
SECTION 7. 949.05 of the statutes is renumbered 949.05 (1m), and 949.05 (1m)
(intro.), as renumbered, is amended to read:
949.05 (1m) (intro.) In any case in which a person is injured or killed by an
incident specified in s. 949.03 (1m) (1) (a), by any act or omission of any other person
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that is within the description of crimes under s. 949.03 (2) (1) (b) or by any act or
omission of any person that is within the description of the crime listed and the
condition provided under s. 949.03 (4) (1) (d), the department may order the payment
of an award:
SECTION 8. 949.05 (2m) of the statutes is created to read:
949.05 (2m) In any case in which a building is damaged or destroyed by means
of fire or explosives under s. 943.02, the department may order the payment of an
award to the owner of the building. If 2 or more persons have ownership interest in
the building, the department shall apportion the award among the persons.
SECTION 9. 949.06 (1) (intro.) of the statutes is amended to read:
949.06 (1) (intro.) 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 under s. 949.03 (1):
SECTION 10. 949.06 (3) (intro.) of the statutes is amended to read:
949.06 (3) (intro.) Any award made under this section shall be reduced by the
amount of any payment received, or to be received, as a result of the injury or, death,
or property damage:
SECTION 11. 949.06 (3m) of the statutes is created to read:
949.06 (3m) For damage to a building under s. 949.03 (2m), the department
may make an award for the difference between the amount paid by insurance for the
damage, if any, and the lesser of the following, as proven by the victim:
(a) The amount of necessary repairs.
(b) The fair market value of the building.
SECTION 12. 949.08 (1), (1m) (a) and (2) (a) and (b) of the statutes are amended
to read:
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949.08 (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, or
property damage, and the personal injury or, death, or property damage was the result
of an incident or offense which had been reported to the police within 5 days of its
occurrence or, if the incident or offense could not reasonably have been reported within
such period, within 5 days of the time when a report could reasonably have been made.
The department may waive the requirements under this subsection in the interest of
justice.
(1m) (a) Except as provided in par. (b), the department may not make an award
of more than $40,000 for any one injury or, death, or damaged property and the
department may not make any award for expenses incurred after 4 years from the
date of the injury or, death, or property damage.
(2) (a) Engaged in conduct which substantially contributed to the infliction
of the victim's injury or, death, or property damage or in which the victim could
have reasonably foreseen could lead to the injury or, death, or property damage.
This does not apply to awards to victims under s. 949.03 (1m) (1) (a).
(b) Committed a crime which caused or contributed to the victim's injury or,
death, or property damage.
SECTION 13. 949.15 (1) of the statutes is amended to read:
949.15 (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 action against the person for the amount of
the damages sustained by the claimant. If an amount greater than that paid under
the award order is recovered and collected in any such action, the department shall
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pay the balance to the claimant. If the person responsible for the injury or, death,
or property damage has previously made restitution payments to the general fund
under s. 973.20, any judgment obtained by the department under this section shall
be reduced by the amount of the restitution payments to the general fund.
(END)
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