LRB-5454/1
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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1052
February 2, 2024 - Introduced by Representatives BILLINGS, O'CONNOR, EMERSON,
MOORE OMOKUNDE, MAXEY, BINSFELD, CONLEY, SNODGRASS, MURSAU, PALMERI,
JOERS, DITTRICH, RATCLIFF, S. JOHNSON, OHNSTAD, SUBECK, DRAKE, MADISON,
BEHNKE, SINICKI, CONSIDINE, J. ANDERSON, BRANDTJEN, SCHRAA, JACOBSON and
KITCHENS, cosponsored by Senators JAMES, L. JOHNSON, WIRCH and LARSON.
Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 940.302 (4), 948.051 (4), 950.04 (1v) (eg) and 950.04 (2w) (fg)
of the statutes; relating to: courtroom supports for and sealing the identifying
information of child victims and child witnesses of human trafficking crimes.
Analysis by the Legislative Reference Bureau
Current law provides certain additional rights and protections to victims and
witnesses during their involvement with the criminal justice or juvenile justice
system.
This bill provides that child victims or child witnesses of human trafficking
crimes must be provided any courtroom supports that the court finds necessary to
support the health, safety, or liberty of the child and determines are in the interest
of justice.
The bill also provides that in any criminal proceeding for a human trafficking
violation or civil action for injury due to human trafficking, a child victim's or child
witness's identifying information must be sealed and may not be disclosed to the
public unless the court orders the disclosure to be made after a hearing in which the
court takes into consideration the health, safety, and liberty of the child and
determines that the disclosure is in the interest of justice.
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:
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SECTION 1 ASSEMBLY BILL 1052
SECTION 1. 940.302 (4) of the statutes is created to read:
940.302 (4) In any criminal proceeding for a violation of sub. (2) or civil action
under sub. (3), the identifying information of a child victim or child witness shall be
sealed and may not be disclosed to the public unless the court orders the disclosure
to be made after a hearing in which the court takes into consideration the health,
safety, and liberty of the child and determines that the disclosure is in the interest
of justice.
SECTION 2. 948.051 (4) of the statutes is created to read:
948.051 (4) In any criminal proceeding for a violation of sub. (1) or (2) or civil
action under sub. (3), the identifying information of a child victim or child witness
shall be sealed and may not be disclosed to the public unless the court orders the
disclosure to be made after a hearing in which the court takes into consideration the
health, safety, and liberty of the child and determines that the disclosure is in the
interest of justice.
SECTION 3. 950.04 (1v) (eg) of the statutes is created to read:
950.04 (1v) (eg) If the victim is a child, in any criminal proceeding for a
violation of s. 940.302 or 948.051, to be provided any courtroom supports that the
court finds necessary to support the health, safety, or liberty of the child and
determines are in the interest of justice.
SECTION 4. 950.04 (2w) (fg) of the statutes is created to read:
950.04 (2w) (fg) If the witness is a child, in any criminal proceeding for a
violation of s. 940.302 or 948.051, to be provided any courtroom supports that the
court finds necessary to support the health, safety, or liberty of the child and
determines are in the interest of justice.
(END)
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