Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1052 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 1052
55 February 2, 2024 - Introduced by Representatives BILLINGS, O'CONNOR, EMERSON,
66 MOORE OMOKUNDE, MAXEY, BINSFELD, CONLEY, SNODGRASS, MURSAU, PALMERI,
77 JOERS, DITTRICH, RATCLIFF, S. JOHNSON, OHNSTAD, SUBECK, DRAKE, MADISON,
88 BEHNKE, SINICKI, CONSIDINE, J. ANDERSON, BRANDTJEN, SCHRAA, JACOBSON and
99 KITCHENS, cosponsored by Senators JAMES, L. JOHNSON, WIRCH and LARSON.
1010 Referred to Committee on Judiciary.
1111 ***AUTHORS SUBJECT TO CHANGE***
1212 AN ACT to create 940.302 (4), 948.051 (4), 950.04 (1v) (eg) and 950.04 (2w) (fg)
1313 of the statutes; relating to: courtroom supports for and sealing the identifying
1414 information of child victims and child witnesses of human trafficking crimes.
1515 Analysis by the Legislative Reference Bureau
1616 Current law provides certain additional rights and protections to victims and
1717 witnesses during their involvement with the criminal justice or juvenile justice
1818 system.
1919 This bill provides that child victims or child witnesses of human trafficking
2020 crimes must be provided any courtroom supports that the court finds necessary to
2121 support the health, safety, or liberty of the child and determines are in the interest
2222 of justice.
2323 The bill also provides that in any criminal proceeding for a human trafficking
2424 violation or civil action for injury due to human trafficking, a child victim's or child
2525 witness's identifying information must be sealed and may not be disclosed to the
2626 public unless the court orders the disclosure to be made after a hearing in which the
2727 court takes into consideration the health, safety, and liberty of the child and
2828 determines that the disclosure is in the interest of justice.
2929 For further information see the state and local fiscal estimate, which will be
3030 printed as an appendix to this bill.
3131 The people of the state of Wisconsin, represented in senate and assembly, do
3232 enact as follows:
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3737 SECTION 1 ASSEMBLY BILL 1052
3838 SECTION 1. 940.302 (4) of the statutes is created to read:
3939 940.302 (4) In any criminal proceeding for a violation of sub. (2) or civil action
4040 under sub. (3), the identifying information of a child victim or child witness shall be
4141 sealed and may not be disclosed to the public unless the court orders the disclosure
4242 to be made after a hearing in which the court takes into consideration the health,
4343 safety, and liberty of the child and determines that the disclosure is in the interest
4444 of justice.
4545 SECTION 2. 948.051 (4) of the statutes is created to read:
4646 948.051 (4) In any criminal proceeding for a violation of sub. (1) or (2) or civil
4747 action under sub. (3), the identifying information of a child victim or child witness
4848 shall be sealed and may not be disclosed to the public unless the court orders the
4949 disclosure to be made after a hearing in which the court takes into consideration the
5050 health, safety, and liberty of the child and determines that the disclosure is in the
5151 interest of justice.
5252 SECTION 3. 950.04 (1v) (eg) of the statutes is created to read:
5353 950.04 (1v) (eg) If the victim is a child, in any criminal proceeding for a
5454 violation of s. 940.302 or 948.051, to be provided any courtroom supports that the
5555 court finds necessary to support the health, safety, or liberty of the child and
5656 determines are in the interest of justice.
5757 SECTION 4. 950.04 (2w) (fg) of the statutes is created to read:
5858 950.04 (2w) (fg) If the witness is a child, in any criminal proceeding for a
5959 violation of s. 940.302 or 948.051, to be provided any courtroom supports that the
6060 court finds necessary to support the health, safety, or liberty of the child and
6161 determines are in the interest of justice.
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