LRB-5589/1
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2023 - 2024 LEGISLATURE
2023 SENATE BILL 946
January 26, 2024 - Introduced by Senators JAMES, BALLWEG, CARPENTER, L.
JOHNSON, LARSON, TAYLOR, TESTIN and WIRCH, cosponsored by Representatives
BILLINGS, O'CONNOR, ALLEN, C. ANDERSON, J. ANDERSON, ANDRACA, BALDEH,
BARE, BEHNKE, BRANDTJEN, CONLEY, CONSIDINE, DITTRICH, DRAKE, EDMING,
EMERSON, GREEN, GUNDRUM, GUSTAFSON, HURD, JOERS, KITCHENS, KRUG,
MADISON, MAXEY, MELOTIK, MOORE OMOKUNDE, MURPHY, MURSAU, OHNSTAD,
PALMERI, PENTERMAN, RATCLIFF, SHANKLAND, SINICKI, STUBBS, SUBECK and
HAYWOOD. Referred to Committee on Judiciary and Public Safety.
AN ACT to create 972.11 (2m) (a) 2. am. of the statutes; relating to: the
testimony of a child in a criminal proceeding for a human trafficking crime.
Analysis by the Legislative Reference Bureau
Current law provides that in any criminal prosecution, the testimony of a child
witness who is under 12 years of age, or under 16 years of age if the interest of justice
so requires, may be taken in a room other than the courtroom and simultaneously
televised in the courtroom if the court finds both of the following:
1. That the presence of the defendant during the taking of the child's testimony
will result in the child suffering serious emotional distress such that the child cannot
reasonably communicate.
2. That taking the testimony of the child in a room other than the courtroom
and simultaneously televising the testimony in the courtroom is necessary to
minimize the trauma to the child of testifying in the courtroom setting and to provide
a setting more amenable to securing the child witness's uninhibited, truthful
testimony.
This bill provides that, in a criminal prosecution for a human trafficking crime,
the testimony of a child witness who is under 18 years of age may be taken in a room
other than the courtroom and simultaneously televised in the courtroom if the court
makes those same findings.
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SENATE BILL 946
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 972.11 (2m) (a) 2. am. of the statutes is created to read:
972.11 (2m) (a) 2. am. Prior to the child's 18th birthday if the trial is for a
prosecution for a violation of s. 940.302 or 948.051; or
(END)
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