Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: February 9, 2024 Contact: David Moore, Senior Staff Attorney
2023 Senate Bill 516 Senate Amendment 1
2023 SENATE BILL 516
2023 Senate Bill 516 requires all criminal and delinquency cases and juvenile dispositional hearings
involving a victim or witness who is 60 years of age or older (elder person) to be expedited. The court
and the district attorney 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 the elder person’s involvement in the
proceeding. The bill also requires the court to 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 when the court
rules on any motion or other request for delay or continuance.
The bill also creates a specific process by which a testimony must be preserved and admissible as
evidence in all criminal and delinquency cases and juvenile dispositional hearings involving a crime
victim or witness who is an elder person. The bill specifies that in such cases, upon the motion of a
district attorney to preserve the testimony of the crime victim or witness, the court must conduct a
hearing within 60 days of the date that the motion was filed. The bill specifies all of the following apply
with respect to such hearings to preserve testimony:
The hearing must be before the court.
The defendant must be present at the hearing.
The crime victim or witness must be sworn as a witness and must be subject to cross-examination
and rebuttal if doing so is not unduly repetitious.
The witness may testify in person, or, upon a showing by the proponent of good cause as provided
under current law, testimony may be received into the record of the hearing by telephone or live
audiovisual means.
The hearing must be recorded, and the recorded testimony of the witness must be admissible in
evidence against the defendant in any court proceeding in the case.
SENATE AMENDMENT 1
Senate Amendment 1 adds language to the bill to require the court to order a hearing to preserve
testimony if the court finds good cause to do so.
Specifically, the amendment provides that in all criminal and delinquency cases and juvenile
dispositional hearings involving a crime victim or witness who is an elder person, the district attorney
may file a motion to preserve the testimony of the crime victim or witness. If the court finds good
cause to do so, the court must order a hearing within 60 days of the date that the motion to
preserve testimony was filed if the court finds good cause to do so. - 2 -
BILL HISTORY
Senator Testin offered Senate Amendment 1 to Senate Bill 516 on February 6, 2024. On February 8,
2024, the Senate Committee on Judiciary and Public Safety voted to recommend adoption of Senate
Amendment 1 and passage of Senate Bill 516, as amended, both on votes of Ayes, 5; Noes, 2.
For a full history of the bill, visit the Legislature’s bill history page.
DM:ksm