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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 556
October 26, 2023 - Introduced by Representatives MACCO, WITTKE, C. ANDERSON,
ARMSTRONG, BEHNKE, CONLEY, DITTRICH, DONOVAN, EDMING, GUSTAFSON, JOERS,
KITCHENS, MAXEY, MICHALSKI, O'CONNOR, OHNSTAD, ORTIZ-VELEZ, PETRYK,
SNYDER, WICHGERS and SINICKI, cosponsored by Senators TESTIN, CARPENTER,
BALLWEG, HESSELBEIN, MARKLEIN and QUINN. Referred to Committee on
Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 971.106 and 971.108 of the statutes; relating to: expediting
criminal proceedings when a victim or witness is an elder person and
preserving the testimony of a crime victim or witness who is an elder person.
Analysis by the Legislative Reference Bureau
This bill creates a requirement that a court expedite proceedings in criminal
and delinquency cases and juvenile dispositional hearings involving a victim or
witness who is an elder person. Under the bill, the court must take appropriate
action to ensure a speedy trial in order to minimize the length of time the elder person
must endure the stress of involvement in the proceedings.
This bill also creates a requirement that a court preserve certain testimony in
criminal matters involving a victim or witness who is an elder person. Under the bill,
in criminal and delinquency cases and juvenile dispositional hearings involving a
victim or witness who is an elder person, the prosecuting attorney may file a motion
to preserve the testimony of the elder person. If the prosecuting attorney files such
a motion, the court must then hold a hearing to record the testimony of the elder
person within 60 days. The bill requires the defendant to be present at the hearing
and the witness to be subject to cross-examination at the hearing. The recorded
testimony of the elder person from the hearing is admissible at later court
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ASSEMBLY BILL 556
proceedings in the case. Under the bill, an elder person is any person who is 60 years
of age or older.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 971.106 of the statutes is created to read:
971.106 Elder person victims and witnesses; duty to expedite
proceedings. (1) In this section, “elder person” means any individual who is 60
years of age or older.
(2) In all criminal and delinquency cases and juvenile dispositional hearings
involving a victim or witness who is an elder person, the court and the district
attorney shall take appropriate action to ensure a speedy trial in order to minimize
the length of time the elder person must endure the stress of the elder person's
involvement in the proceeding. In ruling on any motion or other request for a delay
or continuance of proceedings, the court shall consider and give weight to any
adverse impact the delay or continuance may have on the well-being of a victim or
witness who is an elder person.
SECTION 2. 971.108 of the statutes is created to read:
971.108 Elder person victims and witnesses; duty to preserve
testimony. (1) In this section, “elder person” means any individual who is 60 years
of age or older.
(2) In all criminal and delinquency cases and juvenile dispositional hearings
involving a crime victim or witness who is an elder person, the court shall, upon the
motion of a district attorney, conduct a hearing within 60 days of the date the motion
was filed to preserve the testimony of the crime victim or witness. The hearing shall
be before the court. The defendant shall be present at the hearing. The crime victim
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SECTION 2
ASSEMBLY BILL 556
or witness shall be sworn as a witness and shall be subject to cross-examination and
rebuttal if not unduly repetitious. The witness may testify in person, or, upon a
showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be
received into the record of the hearing by telephone or live audiovisual means. The
hearing shall be recorded, and the recorded testimony of the witness shall be
admissible in evidence against the defendant in any court proceeding in the case.
(END)
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