LRB-1377/1
JEO:kmg&jlg:arm
1997 - 1998 LEGISLATURE
November 20, 1997 - Introduced by Senators C. Potter, Darling and Cowles,
cosponsored by Representatives
Huber, Brandemuehl, Murat, Sykora and
Riley, by request of Attorney General James E. Doyle. Referred to Committee
on Judiciary, Campaign Finance Reform and Consumer Affairs.
SB363,1,3
1An Act to renumber and amend 809.19 (2);
to amend 972.15 (2) and 972.15
2(4); and
to create 809.15 (1) (a) 9m., 809.15 (6), 809.19 (2) (b) and 972.15 (4m)
3of the statutes;
relating to: reports of presentence investigations.
Analysis by the Legislative Reference Bureau
Under current law, a court may order a presentence investigation concerning
a criminal defendant who has been convicted of a crime. A presentence investigation
gathers information about the defendant and may also gather information about the
impact of the crime on the victim. The district attorney and the defendant's attorney
(or the defendant if he or she does not have an attorney) may review the report of a
presentence investigation before the defendant is sentenced. After sentencing, the
report of the presentence investigation is confidential, except that the court may
order that the report be made available and the department of corrections may use
the report for correctional programming, parole consideration or care and treatment
of a defendant sentenced to prison or placed on probation. In addition, the court of
appeals has held that an attorney representing an indigent defendant on appeal or
in other postconviction proceedings must be given access to the report of a
presentence investigation concerning the defendant. State ex rel. Oliver v. Goulee,
179 Wis. 2d 376 (Ct. App. 1993).
This bill provides that a presentence investigation report, like pleadings,
motions or other documents in the court file, is a part of the court record. The bill
also provides that, in the event of an appeal, the presentence investigation report is
part of the record on appeal. In a postconviction proceeding (such as an appeal)
relating to the case in which a presentence investigation report was prepared, the
report may be reviewed and cited by the court and by the attorneys in the case (or
by the defendant, if he or she does not have an attorney). Because the bill does not
other wise change current confidentiality requirements relating to a presentence
investigation report, citations to and discussions of the report by a court, attorney
or defendant must not reveal names of certain persons whose identity is protected,
such as juveniles or persons who provided information for the presentence
investigation and whose identity is concealed by order of the court.
For further information see the state and local 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:
SB363, s. 1
1Section
1. 809.15 (1) (a) 9m. of the statutes is created to read:
SB363,2,32
809.15
(1) (a) 9m. If a presentence investigation was ordered under s. 972.15,
3the report of that presentence investigation.
SB363, s. 2
4Section
2. 809.15 (6) of the statutes is created to read:
SB363,2,95
809.15
(6) Confidentiality of presentence investigation reports. A
6presentence investigation report that is included in the record under s. 809.15 (1) (a)
79m. shall be confidential and shall not be made available to any person except the
8court, the attorney representing the state and either the defendant's attorney or, if
9the defendant is not represented by an attorney, the defendant.
SB363, s. 3
10Section
3. 809.19 (2) of the statutes is renumbered 809.19 (2) (a) and amended
11to read:
SB363,3,412
809.19
(2) (a)
The Except as provided in par. (b), the appellant's brief shall
13include a short appendix providing relevant trial court record entries, the findings
14or opinion of the trial court and limited portions of the record essential to an
15understanding of the issues raised, including oral or written rulings or decisions
16showing the trial court's reasoning regarding those issues. The appendix shall
17include a table of contents. If the record is required by law to be confidential, the
1portions of the record included in the appendix shall be reproduced using first names
2and last initials instead of full names of persons, specifically including juveniles and
3parents of juveniles, with a notation that the portions of the record have been so
4reproduced to preserve confidentiality and with appropriate references to the record.
SB363, s. 4
5Section
4. 809.19 (2) (b) of the statutes is created to read:
SB363,3,136
809.19
(2) (b) No part of a presentence investigation report that is included in
7the record under s. 809.15 (1) (a) 9m. may be reproduced in an appendix to a brief.
8A party may discuss and cite to the presentence investigation report in a brief and
9may include in an appendix the portions of a transcript where the presentence
10investigation report was discussed or read into the record, but if any portion of the
11presentence investigation being discussed, cited or read is required by law to be
12confidential, the portion shall be reproduced using first names and last initials
13instead of full names of persons.
SB363, s. 5
14Section
5. 972.15 (2) of the statutes is amended to read:
SB363,3,1915
972.15
(2) When a presentence investigation report has been received the judge
16shall make the report a part of the court record. The judge shall disclose the contents
17of the report to the defendant's attorney and to the district attorney prior to
18sentencing. When the defendant is not represented by an attorney, the contents shall
19be disclosed to the defendant.
SB363, s. 6
20Section
6. 972.15 (4) of the statutes is amended to read:
SB363,3,2421
972.15
(4) After sentencing, unless otherwise authorized under sub.
(4m) or (5)
22or ordered by the court, the presentence investigation report shall be confidential
23and shall not be made available to any person except upon specific authorization of
24the court.
SB363, s. 7
25Section
7. 972.15 (4m) of the statutes is created to read:
SB363,4,5
1972.15
(4m) A court, an attorney representing the state and the defendant's
2attorney or, if the defendant is not represented by an attorney, the defendant may
3review and cite a presentence investigation report in any judicial proceeding that
4relates to the conviction or sentence in the case in which the presentence
5investigation report was prepared.
