Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB516 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-4443/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 516
5	5	October 16, 2023 - Introduced by Senators T ESTIN, CARPENTER, BALLWEG,
6	6	HESSELBEIN, MARKLEIN and QUINN, cosponsored by Representatives MACCO,
7	7	WITTKE, C. ANDERSON, ARMSTRONG, BEHNKE, CONLEY, DITTRICH, DONOVAN,
8	8	EDMING, GUSTAFSON, JOERS, KITCHENS, MAXEY, MICHALSKI, O'CONNOR,
9	9	OHNSTAD, ORTIZ-VELEZ, PETRYK, SNYDER and W ICHGERS. Referred to
10	10	Committee on Judiciary and Public Safety.
11	11	AN ACT to create 971.106 and 971.108 of the statutes; relating to: expediting
12	12	criminal proceedings when a victim or witness is an elder person and
13	13	preserving the testimony of a crime victim or witness who is an elder person.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill creates a requirement that a court expedite proceedings in criminal
16	16	and delinquency cases and juvenile dispositional hearings involving a victim or
17	17	witness who is an elder person. Under the bill, the court must take appropriate
18	18	action to ensure a speedy trial in order to minimize the length of time the elder person
19	19	must endure the stress of involvement in the proceedings.
20	20	This bill also creates a requirement that a court preserve certain testimony in
21	21	criminal matters involving a victim or witness who is an elder person. Under the bill,
22	22	in criminal and delinquency cases and juvenile dispositional hearings involving a
23	23	victim or witness who is an elder person, the prosecuting attorney may file a motion
24	24	to preserve the testimony of the elder person. If the prosecuting attorney files such
25	25	a motion, the court must then hold a hearing to record the testimony of the elder
26	26	person within 60 days. The bill requires the defendant to be present at the hearing
27	27	and the witness to be subject to cross-examination at the hearing. The recorded
28	28	testimony of the elder person from the hearing is admissible at later court
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31	31	3 - 2 -2023 - 2024 Legislature LRB-4443/1
32	32	MJW:cdc
33	33	SENATE BILL 516
34	34	proceedings in the case. Under the bill, an elder person is any person who is 60 years
35	35	of age or older.
36	36	The people of the state of Wisconsin, represented in senate and assembly, do
37	37	enact as follows:
38	38	SECTION 1. 971.106 of the statutes is created to read:
39	39	971.106 Elder person victims and witnesses; duty to expedite
40	40	proceedings. (1) In this section, “elder person” means any individual who is 60
41	41	years of age or older.
42	42	(2) In all criminal and delinquency cases and juvenile dispositional hearings
43	43	involving a victim or witness who is an elder person, the court and the district
44	44	attorney shall take appropriate action to ensure a speedy trial in order to minimize
45	45	the length of time the elder person must endure the stress of the elder person's
46	46	involvement in the proceeding. In ruling on any motion or other request for a delay
47	47	or continuance of proceedings, the court shall consider and give weight to any
48	48	adverse impact the delay or continuance may have on the well-being of a victim or
49	49	witness who is an elder person.
50	50	SECTION 2. 971.108 of the statutes is created to read:
51	51	971.108 Elder person victims and witnesses; duty to preserve
52	52	testimony. (1) In this section, “elder person” means any individual who is 60 years
53	53	of age or older.
54	54	(2) In all criminal and delinquency cases and juvenile dispositional hearings
55	55	involving a crime victim or witness who is an elder person, the court shall, upon the
56	56	motion of a district attorney, conduct a hearing within 60 days of the date the motion
57	57	was filed to preserve the testimony of the crime victim or witness. The hearing shall
58	58	be before the court. The defendant shall be present at the hearing. The crime victim
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80	80	LRB-4443/1
81	81	MJW:cdc
82	82	SECTION 2
83	83	SENATE BILL 516
84	84	or witness shall be sworn as a witness and shall be subject to cross-examination and
85	85	rebuttal if not unduly repetitious. The witness may testify in person, or, upon a
86	86	showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be
87	87	received into the record of the hearing by telephone or live audiovisual means. The
88	88	hearing shall be recorded, and the recorded testimony of the witness shall be
89	89	admissible in evidence against the defendant in any court proceeding in the case.
90	90	(END)
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