Section 11.07. Limitations on awards.

  The department may not make an award if the department determines that any of the following apply:

(1)  The application was not filed within one year after the date of the personal injury or death. The department may waive the one year filing requirement under this subsection in the interest of justice.

(2)  The incident upon which the claim is based was not reported to a law enforcement agency within 5 days of its occurrence or, if the incident could not have reasonably been reported within that period, within 5 days of the time when a report could reasonably have been made.

(a) Lack of knowledge of the provisions of ch. 949 , Stats. , and of this subchapter does not extend the time in which an incident must be reported to a law enforcement agency.

(b) Compliance with sub. (5) (a) , (b) and (c) constitutes a report to a law enforcement agency under this subsection.

(3)  The victim engaged in conduct which substantially contributed to the victim's injury or death or engaged in conduct in which the victim could have reasonably foreseen could lead to injury or death. This paragraph does not apply to awards to victims under s. 949.03 (1) (a) , Stats. In determining whether the victim engaged in contributory conduct under this subsection the department:

(a) Shall consider any behavior of the victim that may have directly or indirectly contributed to the victim's injury or death including consent, provocation, verbal utterance, gesture, incitement, prior conduct of the victim and the ability of the victim to have reasonably avoided the incident upon which the claim is based.

(b) May consider whether the victim was under the influence of an intoxicant or controlled substance at the time of the incident upon which the claim is based; whether the victim has engaged in an ongoing course of criminal conduct within 5 years or less of the date of the incident upon which the claim is based; or whether the incident upon which the claim is based occurred while the victim was incarcerated in a city or county detention facility pending the disposition of criminal charges or, after being convicted of an offense, was serving a sentence of imprisonment.

(4)  The victim committed a crime which caused, or contributed to, the victim's injury or death.

(5)  The victim has not cooperated with appropriate law enforcement agencies. In this subsection "cooperation with appropriate law enforcement agencies" means the victim has cooperated with the reasonable requests of the law enforcement agency investigating the incident, including:

(a) Providing a true, accurate and complete description of the crime, including the circumstances which led to the crime.

(b) Describing the assailant and telling the appropriate law enforcement agency the offender's name and whereabouts, if known.

(c) Reporting the incident to the law enforcement agency within a reasonable time so as to enable the agency to identify and apprehend the offender, identify witnesses, and conduct a thorough investigation of the incident.

(d) Participating, if requested by the law enforcement agency, in follow-up investigative activities including, but not limited to, viewing photographs and lineups and other investigative procedures.

(e) Agreeing to participate in the initiation of proceedings against the offender, agreeing to appear and testify on behalf of the prosecution and assisting in the prosecution of the offender at all stages. The department may waive the provisions of this paragraph upon good cause shown by the victim that the failure to cooperate in the prosecution is due to a compelling health or safety reason.

(6)  The applicant has not cooperated with the department in the administration of the program. Cooperation with the department means that the applicant provides all information deemed necessary by the department within 30 days of its request. The department may waive this requirement upon good cause shown by the applicant that the failure to take the steps required by the department was beyond the control of the applicant.

(7)  The injured victim is an adult passenger in the offender's vehicle and the crime involved is specified in s. 346.63 (2) or 940.25 , Stats., and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, or both, or had a blood alcohol concentration of 0.1% or more, as defined in s. 885.235 (1) (a) , Stats. This subsection 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 , Stats. This subsection applies, however, if the victim is also a victim of a crime specified in s. 940.09 , Stats.

(8)  The victim has been certified to the department under s. 49.855 (7) , Stats., as being delinquent in child support or maintenance payments.

(9)  The award would unjustly benefit the offender or accomplice. In this subsection "unjust benefit" includes:

(a) The extent to which the offender or accomplice has the legal responsibility to reimburse the victim or claimant for economic loss.

(b) The extent to which an award to a victim or claimant will provide support to the offender or accomplice by paying for living expenses of the offender or accomplice including food, shelter, clothing and entertainment.

History: Cr. Register, February, 1992, No. 434 , eff. 3-1-92; correction in (9) (a) made under s. 13.93 (2m) (b) 12., Stats., Register, September, 1994, No. 465 ; corrections in (7) and (8) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549 ; CR 15-058 : am. (2) (a) Register May 2016 No. 725 , eff. 6-1-16.

Note

1999 Wis. Act 9 repealed s. 49.855 (7), Stats. Microsoft Windows NT 6.1.7601 Service Pack 1