Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB556 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment: March 27, 2024
2		-	2023 Assembly Bill 556 Date of publication*: March 28, 2024
3		-	2023 WISCONSIN ACT 231
4		-	AN ACT to create 971.106 and 971.108 of the statutes; relating to: expediting criminal proceedings when a victim
5		-	or witness is an elder person and preserving the testimony of a crime victim or witness who is an elder person.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 556
	5	+	October 26, 2023 - Introduced by Representatives MACCO, WITTKE, C. ANDERSON,
	6	+	ARMSTRONG, BEHNKE, CONLEY, DITTRICH, DONOVAN, EDMING, GUSTAFSON, JOERS,
	7	+	KITCHENS, MAXEY, MICHALSKI, O'CONNOR, OHNSTAD, ORTIZ-VELEZ, PETRYK,
	8	+	SNYDER, WICHGERS and SINICKI, cosponsored by Senators TESTIN, CARPENTER,
	9	+	BALLWEG, HESSELBEIN, MARKLEIN and QUINN. Referred to Committee on
	10	+	Judiciary.
	11	+	*AUTHORS SUBJECT TO CHANGE*
	12	+	AN ACT to create 971.106 and 971.108 of the statutes; relating to: expediting
	13	+	criminal proceedings when a victim or witness is an elder person and
	14	+	preserving the testimony of a crime victim or witness who is an elder person.
	15	+	Analysis by the Legislative Reference Bureau
	16	+	This bill creates a requirement that a court expedite proceedings in criminal
	17	+	and delinquency cases and juvenile dispositional hearings involving a victim or
	18	+	witness who is an elder person. Under the bill, the court must take appropriate
	19	+	action to ensure a speedy trial in order to minimize the length of time the elder person
	20	+	must endure the stress of involvement in the proceedings.
	21	+	This bill also creates a requirement that a court preserve certain testimony in
	22	+	criminal matters involving a victim or witness who is an elder person. Under the bill,
	23	+	in criminal and delinquency cases and juvenile dispositional hearings involving a
	24	+	victim or witness who is an elder person, the prosecuting attorney may file a motion
	25	+	to preserve the testimony of the elder person. If the prosecuting attorney files such
	26	+	a motion, the court must then hold a hearing to record the testimony of the elder
	27	+	person within 60 days. The bill requires the defendant to be present at the hearing
	28	+	and the witness to be subject to cross-examination at the hearing. The recorded
	29	+	testimony of the elder person from the hearing is admissible at later court
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	35	+	proceedings in the case. Under the bill, an elder person is any person who is 60 years
	36	+	of age or older.
	37	+	The people of the state of Wisconsin, represented in senate and assembly, do
	38	+	enact as follows:
8	39		SECTION 1. 971.106 of the statutes is created to read:
9		-	971.106 Elder person victims and witnesses; duty
10		-	to expedite proceedings. (1) In this section, “elder per-
11		-	son” means any individual who is 60 years of age or older.
12		-	(2) In all criminal and delinquency cases and juvenile
13		-	dispositional hearings involving a victim or witness who
14		-	is an elder person, the court and the district attorney shall
15		-	take appropriate action to ensure a speedy trial in order
16		-	to minimize the length of time the elder person must
17		-	endure the stress of the elder person’s involvement in the
18		-	proceeding. In ruling on any motion or other request for
19		-	a delay or continuance of proceedings, the court shall
20		-	consider and give weight to any adverse impact the delay
21		-	or continuance may have on the well−being of a victim
22		-	or witness who is an elder person.
	40	+	971.106 Elder person victims and witnesses; duty to expedite
	41	+	proceedings. (1) In this section, “elder person” means any individual who is 60
	42	+	years of age or older.
	43	+	(2) In all criminal and delinquency cases and juvenile dispositional hearings
	44	+	involving a victim or witness who is an elder person, the court and the district
	45	+	attorney shall take appropriate action to ensure a speedy trial in order to minimize
	46	+	the length of time the elder person must endure the stress of the elder person's
	47	+	involvement in the proceeding. In ruling on any motion or other request for a delay
	48	+	or continuance of proceedings, the court shall consider and give weight to any
	49	+	adverse impact the delay or continuance may have on the well-being of a victim or
	50	+	witness who is an elder person.
23	51		SECTION 2. 971.108 of the statutes is created to read:
24		-	971.108 Elder person victims and witnesses; duty
25		-	to preserve testimony. (1) In this section, “elder per-
26		-	son” means any individual who is 60 years of age or older.
27		-	(2) In all criminal and delinquency cases and juvenile
28		-	dispositional hearings involving a crime victim or wit-
29		-	ness who is an elder person, the district attorney may file
30		-	a motion to preserve the testimony of the crime victim or
31		-	witness. If the court finds good cause to do so, the court
32		-	shall conduct a hearing within 60 days of the date the
33		-	motion was filed to preserve the testimony of the crime
34		-	victim or witness. The hearing shall be before the court.
35		-	The defendant shall be present at the hearing. The crime
36		-	victim or witness shall be sworn as a witness and shall be
37		-	subject to cross−examination and rebuttal if not unduly
38		-	repetitious. The witness may testify in person, or, upon
39		-	a showing by the proponent of good cause under s. 807.13
40		-	(2) (c), testimony may be received into the record of the
41		-	hearing by telephone or live audiovisual means. The
42		-	hearing shall be recorded, and the recorded testimony of
43		-	the witness shall be admissible in evidence in any court
44		-	proceeding in the case.
45		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
46		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
	52	+	971.108 Elder person victims and witnesses; duty to preserve
	53	+	testimony. (1) In this section, “elder person” means any individual who is 60 years
	54	+	of age or older.
	55	+	(2) In all criminal and delinquency cases and juvenile dispositional hearings
	56	+	involving a crime victim or witness who is an elder person, the court shall, upon the
	57	+	motion of a district attorney, conduct a hearing within 60 days of the date the motion
	58	+	was filed to preserve the testimony of the crime victim or witness. The hearing shall
	59	+	be before the court. The defendant shall be present at the hearing. The crime victim
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	83	+	SECTION 2
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	85	+	or witness shall be sworn as a witness and shall be subject to cross-examination and
	86	+	rebuttal if not unduly repetitious. The witness may testify in person, or, upon a
	87	+	showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be
	88	+	received into the record of the hearing by telephone or live audiovisual means. The
	89	+	hearing shall be recorded, and the recorded testimony of the witness shall be
	90	+	admissible in evidence against the defendant in any court proceeding in the case.
	91	+	(END)
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