Legislation proposed in an Assembly committee’s public hearing aims to stop prosecutors and police from using their positions to take advantage of victims or witnesses after a district attorney escaped charges following a criminal investigation last fall.

Several Republicans in the Legislature have already expressed support for the Crime Victim Preservation Act, but the committee did not vote on the measure, which was proposed by Rep. Andre Jacque, R-Bellevue, during last Thursday’s hearing.

According to Jacque, the bill was influenced by the Ken Kratz scandal, in which the Calumet County District Attorney resigned from office after he sent text messages to a domestic abuse victim and attempted to spark an affair with her while prosecuting her ex-boyfriend.

Under the Wisconsin Constitution, the Crime Victims Rights Board has the power to investigate public officials who abuse victim’s rights.

However, a 2005 Wisconsin Supreme Court decision decided the language of the state Constitution only amounted to a general policy statement and did not grant the board enforceable rights, Jacque said.

Since the state Constitution did not grant authority to the board, Kratz was able to avoid the charges against him.

Kratz was previously the longtime chairman of the Crime Victims Rights Board but stepped down from the post in December 2009 under pressure from state officials. Jacque said this type of manipulation of the system is what inspired the legislation.

The bill would directly attempt to change the language in the state Constitution to give more power to the board in similar situations in the future, Jacque said.

“Clearly, there has to be the ability for a body like the Crime Victims Rights Board to seek justice on behalf of victims in those instances,” Jacque said. “[The proposed bill] clarifies what should be common sense: that you should not be utilizing somebody’s personal information for private benefit.”

The first part of the bill would reinstate protections that were in the 1993 Crime Victims Rights Amendment, Jacque said. The victims would have the right to be treated with fairness and free from harassment by public officials, employees or agencies.

Under the bill, they would also have the right not to have their personal information used by any public employee for attempting to obtain a personal benefit or financial gain, Jacque said. If his or her rights were violated, the victim could request a district attorney to seek relief on his or her behalf.

“There is a broad consensus that this is language that needs to be added,” Jacque said. “This is bipartisan legislation [and] will be hopefully moving forward in the next month.”

In an email to The Badger Herald, political science professor Barry Burden said the legislation is not expected to receive much opposition.

“Once this bill gets moving, it will be difficult for any legislator to vote against it. So it would be crucial to get the policy right before moving forward,” Burden said.

Jacque said he will bring the bill up again in an executive session with the Criminal Justice Corrections Committee on Thursday.