| 1 | 1 | | LRB-4140/1 |
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| 2 | 2 | | KRP:klm&cdc |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY BILL 560 |
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| 5 | 5 | | October 26, 2023 - Introduced by Representatives NOVAK, BRANDTJEN, DONOVAN, |
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| 6 | 6 | | KITCHENS, MICHALSKI, MURPHY and SCHMIDT, cosponsored by Senators JAMES, |
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| 7 | 7 | | BALLWEG and MARKLEIN. Referred to Committee on Judiciary. |
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| 8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 9 | 9 | | AN ACT to amend 885.60 (2) (d) of the statutes; relating to: the use of |
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| 10 | 10 | | videoconferencing technology in certain civil actions. |
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| 11 | 11 | | Analysis by the Legislative Reference Bureau |
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| 12 | 12 | | Under current law, a circuit court generally may allow the use of |
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| 13 | 13 | | videoconferencing technology during pretrial, trial or fact-finding, or post-trial |
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| 14 | 14 | | proceedings, subject to certain technical standards and criteria. However, current |
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| 15 | 15 | | law provides that a defendant in a criminal case (defendant) or a respondent in |
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| 16 | 16 | | certain civil actions that could result in loss of liberty or fundamental rights with |
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| 17 | 17 | | respect to the respondent's children (respondent) is entitled to be physically present |
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| 18 | 18 | | in the courtroom during his or her trial and at his or her sentencing or other |
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| 19 | 19 | | dispositional hearing. Currently, if a defendant or respondent objects to the use of |
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| 20 | 20 | | videoconferencing technology regarding a proceeding that the defendant or |
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| 21 | 21 | | respondent has a right to attend in person, the court must sustain the objection. If |
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| 22 | 22 | | a defendant or respondent objects to the use of videoconferencing technology |
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| 23 | 23 | | regarding any other proceeding, current law allows the court to exercise its |
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| 24 | 24 | | discretion in determining the objection. |
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| 25 | 25 | | This bill provides that the court is only required to sustain an objection to the |
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| 26 | 26 | | use of videoconferencing technology that is made by a defendant, but not by a |
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| 27 | 27 | | respondent, regarding a proceeding the defendant is entitled to attend in person. |
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| 28 | 28 | | Under the bill, the court may exercise its discretion in determining any objection by |
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| 29 | 29 | | a respondent to the use of videoconferencing technology regarding any proceeding, |
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| 30 | 30 | | even if the respondent is entitled to attend the proceeding in person. |
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| 32 | 32 | | 2 - 2 -2023 - 2024 Legislature LRB-4140/1 |
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| 33 | 33 | | KRP:klm&cdc |
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| 34 | 34 | | ASSEMBLY BILL 560 |
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| 35 | 35 | | For further information see the local fiscal estimate, which will be printed as |
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| 36 | 36 | | an appendix to this bill. |
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| 37 | 37 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 38 | 38 | | enact as follows: |
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| 39 | 39 | | SECTION 1. 885.60 (2) (d) of the statutes is amended to read: |
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| 40 | 40 | | 885.60 (2) (d) If an objection is made by the defendant or respondent in a matter |
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| 41 | 41 | | listed in sub. (1), criminal case regarding any proceeding where he or she in which |
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| 42 | 42 | | the defendant is entitled to be physically present in the courtroom, the court shall |
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| 43 | 43 | | sustain the objection. For all other proceedings in a matter listed in sub. (1), the court |
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| 44 | 44 | | shall determine the objection in the exercise of its discretion under the criteria set |
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| 45 | 45 | | forth in s. 885.56. |
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| 46 | 46 | | (END) |
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