Victim Advocates Reflect on End of Legislative Session, Praise Improvements to Wisconsin's Laws

Madison--As the state legislative session came to a close on Thursday, victim advocates expressed gratitude to the key legislators that worked to ensure that Wisconsin's laws respond to victims.

Advocates pointed to a number of bills that passed the legislature this session.

Two newly enacted laws, the Victim Fair Housing Act and the Lock Out Abusers Act, address the housing needs of survivors. The acts prohibit discriminatory housing practices that keep victims from safety, provide victims protection from unjust evictions and ensure that victims can have the locks to their apartments changed if they are in danger.

Both houses of the legislature also passed the Wisconsin Restraining Order Improvement Act. The legislation will ensure that victims of teen dating violence will be able to seek harassment restraining orders. The bill also resolves inconsistencies in restraining order procedures that have prevented victims from obtaining legal protection.

Another bill, the Sexual Assault Victim Privacy Protection Act, now makes Wisconsin a leader in maintaining the privacy of rape victims. The law contains a civil rape shield that prevents defendants from attempting to bring up embarrassing details of a victim's sexual history in civil court.

“Wisconsin was the first state to pass a Crime Victims' Bill of Rights to its Constitution and this year the legislative session ends during Crime Victims Rights Week,” said Patti Seger, executive director of WCADV. “The confluence of these events, provides an appropriate time to recognize the state legislators that carry on Wisconsin's tradition of treating crime victims with fairness, dignity and respect.

“WCADV, our local programs across the state and survivors thank the lead authors of legislation to protect victims. These legislators include, Representatives Berceau, Bernard Schaber, Dexter, Hraychuck, Parisi, Radcliffe, Staskunas and Zigmunt and Senators Coggs, Holperin and Taylor. Many other legislators acted as co-authors and key supporters.

“Domestic violence is a difficult but important issue. Many do not want to think about abuse, much less talk about it in public. These legislators have shown the courage and leadership that will be necessary to eliminate domestic violence in Wisconsin.”

Several Bills Fail to Pass the Senate

While there were a number of legislative achievements, several bi-partisan bills failed to pass the State Senate. The Senate did not take up the Wisconsin Gender Violence Act, the Domestic Violence Homicide Prevention Acts and other bills, despite Assembly approval.

The Gender Violence Act would have provided survivors of sexual assault a mechanism for holding their perpetrators financially accountable. The Domestic Violence Homicide Prevention Acts would have provided legal authority and procedures to enforce existing prohibitions that should keep guns out of the hands of abusers. Another bill, Senate Bill 283, would have closed a loophole in the law that currently allows arrested abusers to violate the no-contact condition of their release without being returned to custody. These bills had wide support among victim advocates and law enforcement groups.

“There were several missed opportunities to make Wisconsin safer,” said Seger. “Domestic violence is a leading cause of homicide and central to public safety. Unfortunately, a number of bills to support and protect victims were left on the table.”

In conclusion, Seger expressed a positive outlook for the future.

“The 2009-2010 legislative session brought several important advances for victims,” said Seger. “Longtime allies and new champions in the legislature have been voices for victims. With their support, we will continue to make Wisconsin a leader in the fight against domestic violence.”

State Assembly Passes Three Bills to Protect Domestic Violence Victims

The legislation focuses on improving restraining orders and the danger posed by guns

Last night, the state Assembly passed three bills that have the potential to save the lives of domestic violence victims in Wisconsin. The Wisconsin Restraining Order Improvement Act removes barriers to obtaining legal protection. The other two bills, the Domestic Violence Homicide Prevention Acts, enhance the ability of law enforcement to ensure that existing firearms restrictions that apply to domestic abusers are effective.

Domestic violence is on the rise in Wisconsin. Last year marked a 10-year high for domestic violence homicides with an average of approximately one person dying every week, according to data released by the Wisconsin Coalition Against Domestic Violence (WCADV).

“Guns and domestic abusers make a deadly combination. The use of a gun accounts for over 50 percent of domestic violence killings in Wisconsin," said Patti Seger, executive director of WCADV. “Since 2000, 156 victims in Wisconsin have died because an abuser had easy access to a gun. A significant portion of these murders were committed by individuals who were legally barred from possessing the murder weapon. These important bills will save lives by keeping guns away from abusers who are legally prohibited from possessing them."

The Domestic Violence Homicide Prevention Procedure Act, authored in the Assembly by Rep. Bernard Schaber, ensures that domestic abusers with active restraining orders obey an existing law that requires them to surrender their firearms. Under state law, abusers who are subject to an active domestic abuse restraining order must surrender any firearms in their possession to the sheriff's department or a court-approved third-party.

The Domestic Violence Homicide Prevention Enforcement Act, initiated in the Assembly by Rep. Staskunas, will create a state law that mirrors an existing federal law that currently prohibits anyone who has a domestic violence misdemeanor conviction from possessing a gun. The bill will allow local law enforcement officials to seize weapons and make arrests when guns are illegally in hands of abusers.

“These bills are modest and commonsense responses to the increase in domestic violence homicides. They create ways to make certain that current laws actually do what they are supposed to--protect victims and prevent domestic violence killings,” said Seger.

The Wisconsin Restraining Order Improvement Act

The state Assembly also passed the Wisconsin Restraining Order Improvement Act, which was brought forth by Rep. Hraychuck. The bill will make the restraining order process easier to navigate.

The bill resolves inconsistencies and technicalities that currently exist in obtaining a harassment or domestic abuse restraining order in Wisconsin.

Victim advocates report that these irregularities prohibit victims from protection that they desperately need.

One key provision will ensure that teen victims of dating violence can seek legal protection. Currently, the law does not explicitly state whether or not minors can petition for harassment restraining orders. Proponents state that teen dating violence is on the rise and the law needs to address this epidemic.

“This bill resolves difficulties victims face when seeking protection, especially if they are minors,” said Seger. “Although not a guarantee of safety, restraining orders have been shown to be effective. Therefore, it is essential that protection is easily obtainable for all victims."

“WCADV deeply thanks Representatives Bernard Schaber, Hraychuck, Staskunas and the bills' Senate author, Senator Taylor, for their leadership to move these important issues forward,” said Seger. “We also thank the Assembly's leadership and members for working to address domestic violence in Wisconsin's communities."

Legislative Session Winding Down: Your Action is Needed Now

Call your State Legislators and Ask Them to Support Crucial Legislation to Support Victims of Domestic Violence

Find your State Legislator Here

The legislative session is coming to a close and several bills are on the verge of becoming laws. But your help is needed to make sure that the Legislature acts before time runs out. Please call your State Legislators and ask them “to strongly support final passage” of the following bills.

Senate Bill 283 and Assembly Bill 410

ACTION NEEDED WITH STATE SENATORS:

Tell your Senator that by passing Senate Bill 283 and Assembly Bill 410 he or she can close a loophole that leaves DV victims at risk and wastes law enforcement resources.

· This bill closes the 72 hour no contact loophole, which allows offenders to violate the no contact condition of release without being subject to being returned to custody.

· This loophole needlessly exposes victims to harm, causes them to lose faith in the legal system and results in law enforcement unnecessarily returning to the same scene over and over again. \

The Wisconsin Gender Violence Act, “GVA”(Assembly Bill 410/Senate Bill 337)

ACTION NEEDED WITH STATE SENATORS:

Tell your Senator that by passing the Gender Violence Act he or she can:

· Recognize violence against women as a serious civil rights issue.

· Give victims a legal tool to shift the financial burdens of sexual assault and domestic violence back to where they belong—in the pockets of those who batter and rape.

· Make it more likely that survivors will obtain justice. The existing legal framework for holding perpetrators accountable in civil court does not work for victims. A short statute of limitations and a lack of legal precedent result in perpetrators not bearing the costs of their crimes.

You can note that the GVA does not expand the liability of businesses or third parties. Only perpetrators will be held to account.

The Domestic Violence Homicide Prevention Acts (Senate Bills 380 and 381/Assembly Bills 558 and 559)

ACTION NEEDED WITH STATE SENATORS and REPRESENTATIVES:

These bills provide the needed legal authority and uniform procedures to enforce existing firearm restrictions that are supposed to keep guns out of the hands of domestic abusers.

Tell your Legislators that by supporting Senate Bills 380 and 381 and Assembly Bills 558 and 559, they can prevent domestic violence homicides, keep guns out of the hands of domestic abusers, all while NOT expanding firearm restrictions or in anyway burdening law abiding citizens who keep and use firearms.

You can note that both bills have garnered bi-partisan support. Senate Bill 381 received a unanimous vote in the Assembly Committee.

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