HO-CHUNK NATION LEGISLATURE

HO-CHUNK NATION LEGISLATURE

Governing Body of the Ho-Chunk Nation

HO-CHUNK NATION CODE (HCC)

TITLE 9 – CRIMINAL CODE

SECTION 949 – AWARDS FOR THE VICTIMS OF CRIMES

ENACTED BY LEGISLATURE: May 5, 2015

CITE AS: 9 HCC § 949

TABLE OF CONTENTS

SUBCHAPTER I: CRIME VICTIM COMPENSATION

949.001

949.01

949.02

949.03

949.04

949.05

949.06

949.07

949.08

949.09

949.10

949.11

949.115

949.12

949.13

949.14

949.15

949.16

949.165

949.17

949.18

Legislative intent …………………………………….… 2

Definitions ………………………………………..…… 2

Administration ………………………………………… 3

Compensable acts ………………………………...…… 3

Application for award ……………………………….… 3

Award; to whom payable ……………………………… 4

Computation of award ………………………………… 4

Manner of payment …………………………………… 5

Limitations on awards ………………………………… 5

Effect of conviction …………………………………… 6

Emergency awards …………………………………..… 6

Hearings ……………………………………………..… 6

Subpoenas ………………………………………...…… 7

Condition of claimant ……………………………….… 7

Agency cooperation …………………………………… 7

Attorney fees ………………………………………..… 7

Department subrogation rights …………………...…… 7

Confidentiality of records …………………………...… 7

Escrow accounts; moneys received as a result of the

commission of a serious crime ………………………… 8

Offenses ……………………………………………… 10

Report by the department ……………………….…… 10

SUBCHAPTER II: SEXUAL ASSAULT FORENSIC:

EXAMINATION COMPENSATION

949.20

949.22

949.24

949.26

Definitions …………………………………………… 11

Administration …………………………………….…. 11

Application for award …………………………...…… 11

Computation of awards ……………………….……… 12

Chapter 949: Awards for the Victims of Crimes

949.28

949.31

949.315

949.32

949.33

949.36

949.37

949.38

2

Limitations on awards ………………………….…..… 12

Hearings ……………………………………………… 12

Subpoenas ………………..…………………….......… 12

Condition of victim ………………………………...… 13

Agency cooperation ……………………………….…. 13

Confidentiality ………………………………………... 13

Offenses ………………………………………….…… 13

Report by the department …………………….…….… 13

SUBCHAPTER I

CRIME VICTIM COMPENSATION

949.001 Legislative intent. The legislature finds and declares that the Nation 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 the rights of the criminal offender. Adequate protection and

assistance of victims of crime will also encourage greater public cooperation in the successful

apprehension and prosecution of criminal offenders. It is the intention of the legislature that the

Nation should provide sufficient assistance to victims of crime and their families in order to ease

their financial burden and to maintain their dignity as they go through a difficult and often traumatic

period. It is also the intention of the legislature that the department should actively publicize the

crime victim compensation program and promote its use.

949.01 Definitions. In this subchapter:

(1) “Crime” means an act committed in this jurisdiction 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 parent, spouse, sibling, child, adopted child, stepchild, or foster child,

dependent, aunt, uncle, niece, nephew, grandparent, grandchild or parent of spouse or of domestic

partner, of a deceased victim who was wholly or partially dependent upon the victim’s income

at the time of the victim’s death and includes any child of the victim born after the victim’s death.

(3) “Law enforcement agency” means a governmental unit of one or more persons employed full

time by the Nation, state or a political subdivision of the state for the purpose of preventing and

detecting crime and enforcing Ho-Chunk Nation laws, state laws or local ordinances, employees

of which unit are authorized to make arrests for crimes while acting within the scope of their

authority.

(4) “Medical treatment” includes medical, surgical, dental, optometric, chiropractic, podiatric

and hospital care; medicines; medical, dental and surgical supplies; crutches; artificial members;

appliances and training in the use of artificial members and appliances.

(4m) “Pedestrian” means any person afoot or any person in a wheelchair, either manually or

mechanically propelled, or other low-powered, mechanically propelled vehicle designed

specifically for use by a physically disabled person, but does not include any person using an

electric personal assistive mobility device.

(5) “Personal injury” means actual bodily harm and includes pregnancy and mental or nervous

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shock.

(6) “Victim” means a person who is injured or killed by an incident specified in s. 949.03 (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 (1) (b) or within the description of the offense listed and the condition provided

in s. 949.03 (1) (c). This definition does not apply to s. 949.165.

949.02 Administration. The department shall administer this subchapter. The department shall

establish procedures for the implementation and operation of this subchapter. The procedures

shall ensure that any limitation of an award is calculated in a fair and equitable manner.

949.03 Compensable acts. (1) The department may order the payment of an award for personal

injury or death which results from:

(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 or attempting to aid a victim of a crime

specified in par. (b); or aiding or attempting to aid a victim of the crime specified and the

condition provided in par. (c).

(b) The commission or the attempt to commit any crime specified in 940.01, 940.02, 940.03,

940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2),

940.225, 940.23, 940.235, 940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305,

940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), 943.32, 943.81,

943.86, 943.87, 948.02, 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.075,

948.08, 948.085, 948.09, 948.095, 948.20, 948.30 or 948.51 or be convicted of causing great

bodily harm to another by the negligent operation of a vehicle, causing injury to another person

by the operation of a vehicle while under the influence, or causing injury to another person by

the operation of a commercial motor vehicle while the person has an alcohol concentration of

0.04 or more but less than 0.08.

(c) The commission or the attempt to commit the crime of failing to provide aid upon striking a

person or attended vehicle if the victim was a pedestrian.

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 person authorized to administer the individual’s estate.

(2) FORMS.

(a) The department shall prescribe application forms for awards under this subchapter. If the

application results from the commission of or the attempt to commit a crime specified in s. 940.22

(2), 940.225, 948.02, 948.025, 948.051, 948.085, or 948.095 or a crime or an act compensable

under s. 949.03 that was sexually motivated, any personally identifiable information, provided

on the application form is not subject to inspection or copying.

(b) The department shall furnish law enforcement agencies with the forms under par. (a). The

law enforcement agency investigating a crime shall provide forms to each person who may be

eligible to file a claim under this subchapter.

(3) MEDICAL AND DENTAL RECORDS. The applicant shall submit to the department reports

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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.

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 (1) (a), by any act or omission of any other person that is within the

description of crimes under s. 949.03 (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 (1) (c), the department

may order the payment of an award:

(1) To or for the benefit of the injured person;

(2) In the case of personal injury to or death of the victim, to any person responsible for the

maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the

injury to or death; or

(3) Except as provided in s. 949.06 (1m), in the case of death of the victim, to or for the benefit of

any one or more of the dependents of the victim. If 2 or more dependents are entitled to an award,

the award shall be apportioned by the department among the dependents.

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.

(b) Work loss, which shall be determined as follows:

1. If the victim was employed at the time of the injury, loss of actual earnings shall be based

upon the victim’s net salary at the time of the injury.

2. If the victim was not employed at the time of the injury or, if as a direct result of the

injury, the victim suffered a disability causing a loss of potential earnings, the award may

be based upon a sufficient showing by the victim that he or she actually incurred loss of

earnings. The amount of the award shall be reduced by any income from substitute work

actually performed by the victim or by income the victim would have earned in available

appropriate substitute work the victim was capable of performing, but unreasonably failed

to undertake.

(bm) If the victim is a homemaker, an amount sufficient to ensure that the duties and

responsibilities are continued until the victim is able to resume the performance of the duties,

or until the cost of services reaches the maximum allowable under sub. (2), whichever is less.

(c) Reasonable replacement value of any clothing and bedding that is held for evidentiary

purposes, but not to exceed $300.

(cm) Reasonable replacement value for property, other than clothing and bedding under par.

(c), that is held for evidentiary purposes and is rendered unusable as a result of crime laboratory

testing, but not to exceed $200.

(d) Reasonable funeral and burial expenses, not to exceed $10,000. The funeral and burial

award may not be considered by the department under sub. (2).

(e) Dependent’s economic loss, which shall include contributions of things of economic value

provided by the victim to dependents but lost as a result of the victim’s death. Loss of support

shall be determined on the basis of the victim’s net salary at the time of death, and shall be

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calculated as an amount equal to 4 times the victim’s average annual earnings.

(f) Reasonable and necessary costs associated with securing and cleaning up a crime scene,

not to exceed $1,000.

(1m) (a) In this subsection, “family member” means a parent, spouse, sibling, child, adopted

child, stepchild, or foster child, dependent, aunt, uncle, niece, nephew, grandparent, grandchild .

(b) In accordance with this subchapter, the department shall make awards, as appropriate, to

persons who, immediately prior to the crime, lived in the same household with and to family

members of a victim of s. 940.01, 940.02, 940.05, 940.06, 940.07, 940.08 or 940.09 for any

of the economic losses specified in sub. (1) as a result of the person’s or family member’s

reaction to the death. A dependent may recover both under sub. (1) and this sub-section, subject

to the limitation under sub. (2).

(2) The department may not make an award of more than $40,000 for any one injury or death.

(3) 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:

(a) From, or on behalf of, the person who committed the crime.

(b) From insurance payments or program, including worker’s compensation and

unemployment insurance.

(c) From public funds.

(d) As an emergency award under s. 949.10.

(e) From one or more 3rd parties held liable for the offender’s acts.

(f) From an award under s. 949.26.

(4) (a) An award may be made whether or not any person is prosecuted or convicted of any offense

arising out of such act or omission.

(b) The department may suspend proceedings under this subchapter for a period it deems

appropriate on the grounds that a prosecution for an offense arising out of the act or omission has

been commenced or is imminent.

949.07 Manner of payment. The award, combining both the compensation award and the funeral

and burial award, if applicable, shall be paid in a lump sum, except that in the case of death or

protracted disability the award may provide for 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, except

that an award for allowable expense is not exempt from a claim of a creditor to the extent that the

creditor provided products, services or accommodations the costs of which are included in the

award.

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 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 one-year requirement under this subsection in the interest of justice.

(2) No award may be ordered if the victim:

(a) Engaged in conduct which substantially contributed to the infliction of the victim’s injury

or death or in which the victim could have reasonably foreseen could lead to the injury or

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death. This does not apply to awards to victims under s. 949.03 (1) (a).

(b) Committed a crime which caused or contributed to the victim’s injury or death.

(d) Has not cooperated with appropriate law enforcement agencies.

(e) Is an adult passenger in the offender’s vehicle, the crime involved is specified in 940.25 or

caused injury to another person by the operation of a vehicle while under the influence, and the

passenger knew the offender was committing that offense. This paragraph does not apply if

the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

(em) Is an adult passenger in the offender’s commercial motor vehicle, the crime involved is

specified in 940.25 or caused injury to another person by the operation of a commercial motor

vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08., and

the passenger knew the offender was committing that offense. This paragraph does not apply if

the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31, or 948.30.

(f) Has not cooperated with the department in the administration of the program.

(g) Owes back payments for Nation or State child support, maintenance, medical expenses of

a child, birth expenses or interest on any of these payment, unless the victim provides to the

department a payment agreement that has been approved by the county or tribal child support

agency and that is consistent with applicable support laws.

(2m) If a claimant other than a victim has not cooperated with the department in the administration

of the program, no award may be ordered for the claimant.

(3) No award may be made to any claimant if the award would unjustly benefit the offender or

accomplice.

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 pending.

949.10 Emergency awards. (1) Notwithstanding s. 949.06, if the department determines that an

award will probably be made and that undue hardship will result to the claimant if immediate

payment is not made, the department may order emergency awards as follows:

(a) An emergency compensation award may not exceed $500.

(b) An emergency award for funeral and burial expenses may not exceed $2,000.

(2) Any award under sub. (1) shall be deducted from the final award made to the claimant. The

excess of the amount of such emergency award over the amount of the final award, or the full

amount of the emergency award if no final award is made, shall be repaid by the claimant to the

department.

949.11 Hearings. (1) The Ho-Chunk Nation Trial Court shall hear contested cases and the HoChunk Nation Rules of Civil Procedure applies to hearings under this subchapter except as

otherwise provided in this section and ss. 949.12 and 949.14.

(3) All hearings shall be open to the public unless in a particular case the examiner determines that

the hearing, or a portion thereof, shall be held in private having regard to the fact that the offender

has not been convicted or to the interest of the victim of an alleged sexual offense.

Chapter 949: Awards for the Victims of Crimes

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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.

949.12 Condition of claimant. There is no privilege, except privileges arising from the attorneyclient 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.

949.13 Agency cooperation. Upon request by the department, any tribal, state or local agency,

including a prosecutor 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.

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% of the amount the attorney assisted the victim in obtaining.

(2) The department shall provide for payment of such fee directly to the person entitled thereto.

(3) Whoever charges a fee in violation of sub. (1) shall forfeit double the amount retained by the

attorney. This forfeiture shall be collected by this Nation in an action in debt, upon complaint of

the department. Out of the sum recovered, the court shall direct payment to a claimant in the

amount of the overcharge.

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 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 pay the balance to the claimant. If the person responsible

for the injury or death has previously made restitution payments, any judgment obtained by the

department under this section shall be reduced by the amount of the restitution payments.

(2) In addition to the authority of the department to bring an action under sub. (1), the claimant

may bring an action to recover damages. In any such action, the department has subrogation

rights under sub. (1) and the claimant shall join the department as a party.

(3) If a judgment or verdict in an action under sub. (1) or (2) indicates separately economic loss

and noneconomic detriment, payments on the judgment shall be allocated between them in

proportion to the amounts indicated. In such an action, the judge, on timely motion, shall direct the

jury to return a special verdict, indicating separately the awards for noneconomic detriment, punitive

damages and economic loss.

949.16 Confidentiality of records. The record of a proceeding before an examiner or the

department under this sub-chapter 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.

Chapter 949: Awards for the Victims of Crimes

8

949.165 Escrow accounts; moneys received as a result of the commission of a serious crime.

(1) DEFINITIONS. In this section:

(a) “Serious crime” means any crime or solicitation, conspiracy or attempt to commit a crime

specified in s. 943.23 (1m), 943.23 (1r), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08,

940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3),

940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.302 (2), 940.31,

941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03,

943.04, 943.06, 943.10, 943.23 (1g), 943.30, 943.32, 943.81, 943.82, 943.83, 943.85, 943.86,

943.87, 943.88, 943.89, 943.90, 946.02, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04,

948.05, 948.051, 948.06, 948.07, 948.085, or 948.30 or, if the victim is a financial institution,

as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2) or caused great bodily harm to

another by the negligent operation of a vehicle.

(b) “Victim” has the meaning specified in s. 950.02 (4).

(2) PAYMENT TO AND ESTABLISHMENT OF ESCROW ACCOUNTS. Every person or other

legal entity contracting with any person, or the representative or assignee of any person, accused or

convicted of a serious crime in this Nation, with respect to the reenactment of the serious crime, by

a movie, book, magazine article, tape recording, phonograph record, radio or television presentation

or live entertainment of any kind, or from the expression of the accused or convicted person’s

thoughts, feelings, opinions or emotions regarding the serious crime, shall submit a copy of the

contract to the department and pay over to the department any moneys which would otherwise, by

terms of the contract, be owing to the person so accused or convicted or his or her representatives.

This subsection applies only if the reenactment of the serious crime constitutes a substantial

portion of the movie, book, article, recording, record, presentation, entertainment or expression.

The department shall deposit the moneys in an interest-bearing escrow account for the payment

of money judgments to any victim or the legal representative of any victim of serious crimes

committed by:

(a) The convicted person; or

(b) The accused person, but only if the accused person is eventually convicted of the serious

crime charged.

(3) NOTICE TO POTENTIAL CLAIMANTS. The department, at least once every 6 months for 3

years from the date it receives the moneys, shall cause to have published a legal notice in newspapers

of general circulation in the Nation or county in which the serious crime was committed advising

the victims that the escrow moneys are available to satisfy money judgments under this section.

The department may provide for additional notice. When the department is reasonably satisfied

that all victims have received actual notice, the department may cease to provide the notice required

under this subsection.

(4) PRIORITY OF PAYMENTS. (a) Claims on moneys in an escrow account have the following

priority:

1. First priority for legal representation payments under sub. (5).

2. Second priority for payments to satisfy money judgments under sub. (6).

3. Third priority for reimbursement, recoupment and restitution payments under sub. (7).

(b) The department shall make payments from escrow accounts in accordance with the

priority schedule under par. (a). The department may make payments at any time from an

escrow account, except that no payment may be made for a claim if there is another existing or

pending claim entitled to a higher priority.

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(c) If the amount of claims for the same priority exceeds the amount of moneys available in an

escrow account, the department may prorate the payments.

(5) FIRST PRIORITY PAYMENTS; LEGAL REPRESENTATION. The department shall make

payments from an escrow account to a person charged with a serious crime upon the order of a court

of competent jurisdiction after a showing by the person that the moneys shall be used for the

exclusive purpose of his or her legal representation in a criminal action or in the defense of a civil

action.

(6) SECOND PRIORITY PAYMENTS; SATISFACTION OF MONEY JUDGMENTS. (a) The

department shall make payments to victims or legal representatives of victims of serious crimes

who have obtained money judgments against the accused or convicted person. The victim or legal

representative of the victim shall bring a civil action and obtain a money judgment. The victim shall

then file a claim with the department for payment.

(b) In the case of death of the victim, one or more dependents may obtain a payment under this

section in the same manner as a victim. If 2 or more dependents are entitled to payments under

this subsection, the department shall apportion the payments among the dependents.

(c) If the Nation is subrogated to a cause of action under s. 949.15, the Nation may seek

reimbursement under this subsection. If the judgment is apportioned under s. 949.15 (3), the

payments under this subsection shall be prorated accordingly.

(d) The victim or the legal representative of a victim shall notify the department when he or

she brings the action described in par. (a), but failure to notify under this paragraph does not

bar any payment from an escrow account.

(7) THIRD PRIORITY PAYMENTS; LEGAL FEES AND RESTITUTION. The department shall

make payments from an escrow account for any governmental entity for the reimbursement for or

recoupment of the costs of legal representation of the person charged with the serious crime or for

any unpaid restitution under s. 973.20. The governmental entity shall file a claim for the applicable

amount with the department.

(8) PAYMENT TO ACCUSED OR CONVICTED PERSON. If either of the following conditions

occur, the department shall pay all of the remaining moneys in an escrow account to the accused

or convicted person:

(a) The charges against the person are dismissed with prejudice or the person is found not guilty

of the serious crime charged.

(b) Three years have elapsed from the date of the establishment of the escrow account and no

civil actions seeking money judgments, unsatisfied money judgments or claims under this

section are pending against the defendant in this Nation.

(9) INTERPLEADER. If a court determines that a person accused of a serious crime is incompetent

to proceed or if the charges are dismissed without prejudice, the department shall bring an action

of interpleader to determine the disposition of the escrow account.

(10) STATUTE OF LIMITATIONS. If an escrow account is established under this section, no

otherwise applicable statute of limitations on the time within which a civil action may be brought

bars an action by a victim of a serious crime committed by a person accused or convicted of the

serious crime as to a claim resulting from the serious crime until 3 years have elapsed from the time

the escrow account was established.

(11) ACT TO DEFEAT PURPOSE; VOID. Any act by any person accused or convicted of a

serious crime, whether by execution of a power of attorney, creation of corporate entities or

otherwise, to defeat the purpose of this section shall be void as against the public policy of this

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Nation.

(12) PAYMENT IS NOT AN AWARD. Any payment from an escrow account under this section

shall not be considered as an award by the department under this subchapter.

(13) APPLICABILITY. This section applies only to contracts which are entered into on or after

the date of enactment of this Section.

(14) PENALTY. Any person who violates sub. (2) shall be fined not more than $500 or imprisoned

not more than 30 days or both.

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 or the initial or

continued right to any such award when reasonably requested to provide such information by

the department.

(2) PENALTIES. Any person who violates this section shall be fined not more than $500 or

imprisoned not more than 6 months or both. The person shall further forfeit any benefit received

and shall reimburse the Nation for payments received or paid to or on behalf of the person.

(3) DAMAGES. The Nation has a civil cause of action for relief against any person who violates

this section for the amount of damages which the Nation sustained by reason of the violation and,

in addition, for punitive damages not more than double the amount of damages which the Nation

may have sustained, together with interest, and the cost of the suit.

(4) ACTION. The attorney general may bring any action and has such powers as may be necessary

to enforce this section.

949.18 Report by the department. The department shall produce a biennial report which 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 programs and policies instituted to promote public awareness about crime

victim compensation.

(3) An analysis of future needs and suggested program improvements.

(4) A copy of the forms utilized under this subchapter.

(5) A complete statistical analysis of the cases handled under this subchapter, including:

(a) The number of claims filed.

(b) The number of claims approved and the amount of each award.

(c) The number of claims denied and the reasons for rejection.

(d) A breakdown of claims by geographic area, month, age and sex of victim, type of crime

committed and other relevant facts.

(e) A summary of cases handled under this subchapter.

(6) The status of existing escrow accounts under s. 949.165.

Chapter 949: Awards for the Victims of Crimes

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SUBCHAPTER II

SEXUAL ASSAULT FORENSIC EXAMINATION COMPENSATION

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) “Examination costs” means the costs of an examination that is done to gather evidence

regarding a sex offense, any procedure during that examination process that tests for or prevents a

sexually transmitted disease, and any medication provided or prescribed, during that examination

process, that prevents or treats a sexually transmitted disease that the person performing the

examination or procedure believes could be a consequence of the sex offense. “Examination costs”

does not include any processing or administrative costs, attorney fees, or other expenses.

(4) “Guardian of the victim” means one of the following:

(a) If the victim is under 18 years of age, the parent, guardian, or legal custodian of the victim.

(b) If the victim has been determined to be incompetent, the guardian of the victim.

(5) “Health care provider” means any person providing health care services.

(6) “Law enforcement agency” means a governmental unit of one or more persons employed full

time by the Nation or state or a political subdivision of the state for the purpose of preventing and

detecting crime and enforcing Nation or state laws or local ordinances, employees of which unit

are authorized to make arrests for crimes while acting within the scope of their authority.

(7) “Sex offense” means an act committed in the jurisdiction that, if committed by a competent

adult, would be a violation, or an attempted violation, of s. 940.225, 948.02, 948.025, 948.05,

948.06, 948.08, or 948.09.

(9) “Victim” means a person against whom a sex offense has been committed.

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 include

procedures to ensure that any limitation of an award is calculated in a fair and equitable manner.

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 subchapter

and shall furnish health care providers with the forms.

(3) MEDICAL RECORDS. An applicant shall submit to the department reports from any

physician, physician’s assistant, or nurse who treated or examined the victim to gather evidence

regarding a sex offense, performed any procedure during that treatment or examination that tests

for or prevents a sexually transmitted disease, or provided or prescribed any medication to prevent

or treat a sexually transmitted disease. The applicant may not submit to the department any other

records than those pertaining to the examination, treatment, procedure, or medication for which the

applicant is seeking an award.

Chapter 949: Awards for the Victims of Crimes

12

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

costs, as follows:

(a) If, under sub. (2) (b), the health care provider is not authorized to seek payment from

insurance or another available source of payment, the award shall be the examination costs,

regardless of whether the victim, or any guardian of the victim, cooperates with a law

enforcement agency regarding the sex offense.

(b) If, under sub. (2) (b), the health care provider is authorized to seek payment from insurance

or another available source of payment and the victim, or any guardian of the victim, does

not cooperate with a law enforcement agency regarding the sex offense, the award shall be the

examination costs, reduced by any payment to be received as a result of the authorization under

sub. (2) (b).

(1m) The department may not make an award under this section if, under sub. (2) (b), the health

care provider is authorized to seek payment and the victim, or any guardian of the victim, cooperates

with a law enforcement agency.

(2) (a) A health care provider seeking an award under this section may not seek payment for any

examination costs from the victim or any guardian of the victim.

(b) A health care provider seeking an award under this section may not seek payment for any

examination costs from insurance or another available source of payment unless the victim or

any guardian of the victim authorizes the health care provider to seek payment.

(3) The department may not refuse to make an award under this section because the victim or the

guardian of the victim does not cooperate with a law enforcement agency regarding the sex

offense, or due to lack of an investigation or prosecution of the sex offense.

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

justice.

(2) The department may not make an award under this sub chapter that exceeds the examination

costs of the victim.

(3) The department may not make an award under this sub chapter for any part of the examination

costs of the victim for which the health care provider seeking the award has received

compensation from any other source.

949.31 Hearings. (1) The Ho-Chunk Nation Trial Court shall hear contested cases and the HoChunk Nation Rules of Civil Procedure applies to hearings under this subchapter except as

otherwise provided in this section and s. 949.32.

(2) All hearings shall be open to the public unless in a particular case the examiner determines that

the hearing, or a portion of the hearing, shall be held in private having regard to the fact that the

offender has not been convicted or to the interest of the victim.

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.

Chapter 949: Awards for the Victims of Crimes

13

949.32 Condition of victim. There is no privilege, except privileges arising from the attorneyclient 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 element.

949.33 Agency cooperation. Upon request by the department, any tribal, 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 health care provider is eligible for an award under this subchapter.

949.36 Confidentiality. If a health care provider seeks an award under this subchapter, any

personally identifiable information, of the victim who received the examination shall remain

confidential unless written consent for the release of any personally identifiable information is

provided by one of the following:

(1) Except as provided under sub. (2), the victim.

(2) If there is a guardian of the victim, the guardian of the victim.

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

fact.

(c) Intentionally conceal or fail to disclose information affecting the amount of or the initial or

continued right to any such award when reasonably requested to provide such information by

the department.

(2) PENALTIES. Any person who violates this section shall be fined not more than $500 or

imprisoned not more than 6 months or both. The person shall forfeit any benefit received and

shall reimburse the Nation for payments received.

(3) DAMAGES. The Nation has a civil cause of action for relief against any person who violates

this section for the amount of damages that the Nation sustained by reason of the violation and, in

addition, for punitive damages not more than double the amount of damages that the Nation may

have sustained, together with interest, and the cost of the suit.

(4) ACTION. The attorney general may bring any action and has such powers as may be necessary

to enforce this section.

949.38 Report by the department. The department shall produce a biennial report which 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) A description of the programs and policies instituted to promote awareness about the awards

under this subchapter.

(3) An analysis of future needs and suggested program improvements.

(4) A copy of the forms used under this subchapter.

(5) A complete statistical analysis of the cases handled under this subchapter, including all of the

following:

(a) The number of claims filed.

(b) The number of claims approved and the amount of each award.

Chapter 949: Awards for the Victims of Crimes

14

(c) The number of claims denied and the reasons for rejection.

(d) A breakdown of claims by geographic area and month.

_____________________________________________________________________________________

Legislative History:

12/17/13

12/11/14

01/06/15

03/17/15

05/05/15

05/17/16

Legislature established the Criminal Code Workgroup through Resolution 12-17-13C.

The Criminal Code Workgroup presented the Criminal Code to the Administration

Committee at which time it was referred to the full Legislature to be placed out for 45 Day

Public Comment.

Legislature placed the Criminal Code out for 45 Day Public Comment by Resolution 0106-15B.

Legislature placed the Criminal Code out for an additional 45 Day Public Comment by

Resolution 03-17-15K.

Legislature enacted the Criminal Code through Resolution 05-05-15P.

Technical corrections made in accordance with Section 45 of the Legislative Organization

Act (2 HCC § 11).