Jury might not get crucial victim info, under bill

​Information about a crime victim's mental health that is crucial to a jury reaching a fair verdict in a criminal case would be withheld from the jury unless the victim gave permission for it to be used in court, under a bill moving forward in the State Legislature. 

The Wisconsin Justice Initiative opposes the bill, which would upend the current standard for introducing a victim's mental health records into court. WJI believes the current law provides crime victims with adequate protections.

A public hearing on the bill is scheduled for 11 a.m. Thursday in Madison before the Assembly Judiciary Committee.

​The existing standard, known as Schiffra-Green, was set by the State Supreme Court in 2002. It requires the defendant seeking the record to provide “a specific factual basis demonstrating a reasonable likelihood that the records contain relevant information necessary to a determination of guilt or innocence and is not merely cumulative to other evidence available to the defendant.

---

If the victim refuses permission, the defendant would be stuck, even if the records are vital to his or her case. 

The standard also requires a judge to review the records in private before deciding whether to admit them as evidence.

The pending bill, Assembly Bill 570, would require the victim's permission before the judge could even review the mental health records.

If the victim refuses permission, the defendant would be stuck, even if the records are vital to his or her case. 

"If the crime victim declines to disclose his or her mental health treatment records for an in camera review, the court must abide by his or her declination and must permit the victim to testify at trial," according to the bill. 

The bill is sponsored by State Reps. John Spiros (R-Marshfield), Andre Jacque (R-De Pere),
Terese Berceau (D-Madison), Edward Brooks (R-Reedsburg), Jeffrey Mursau (R-Crivitz),
Todd Novak (R-Dodgeville), Warren Petryk (R-Eleva), Gary Tauchen (R-Bonduel), and
Ron Tusler (R-Harrison)

In the Senate, it is sponsored by State Sens. Jerry Petrowski (R-Marathon), Van Wangaard (R- Racine), Robert Cowles (R-Green Bay), and Luther Olsen (R-Ripon). Former State Sen. Sheila Hardsorf (R-River Falls) also was a sponsor. ​

Please contact your legislators and tell them to oppose AB 570! You can find out who represents you in the State Capitol here.