HomeMy WebLinkAboutattachment F Assembly Bill 4792019 - 2020 LEGISLATURE
2019 ASSEMBLY BILL 479
September 26, 2019 - Introduced by Representatives MACCO, WITTKE, BOWEN,
BRANDTJEN, DITTRICH, EDMING, GUNDRUM, HORLACHER, JAMES, KRUG, KULP,
MAGNAFICI, MURSAU, NOVAK, PETERSEN, PETRYK, PLUMER, QUINN, RAMTHUN,
ROHRKASTE, SCHRAA, STEFFEN, SUMMERFIELD, THIESFELDT, TITTL, TRANEL and
FELZKOWSKI, cosponsored by Senators TESTIN, CARPENTER, BERNIER, JACQUE,
OLSEN, PETROWSKI and STROEBEL. Referred to Committee on Judiciary.
1AN ACT to create 971.108 and 971.109 of the statutes; relating to: expediting
2criminal proceedings when a victim or witness is an elder person and
3preserving the testimony of a crime victim or witness who is an elder person.
Analysis by the Legislative Reference Bureau
This bill creates a requirement that a court expedite proceedings in criminal
and delinquency cases and juvenile dispositional hearings involving a victim or
witness who is an elder person. Under the bill, the court 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 involvement in the proceedings.
This bill also creates a requirement that a court preserve certain testimony in
criminal matters involving a victim or witness who is an elder person. Under the bill,
in criminal and delinquency cases and juvenile dispositional hearings involving a
victim or witness who is an elder person, the prosecuting attorney may file a motion
to preserve the testimony of the elder person. If the prosecuting attorney files such
a motion, the court must then hold a hearing to record the testimony of the elder
person within 60 days. The bill requires the defendant to be present at the hearing
and the witness to be subject to cross-examination at the hearing. The recorded
testimony of the elder person from the hearing is admissible at later court
proceedings in the case. Under the bill, an elder person is any person who is 60 years
of age or older.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1SECTION 1. 971.108 of the statutes is created to read:
2971.108 Elder person victims and witnesses; duty to expedite
3proceedings. (1) In this section, “elder person” means any individual who is 60
4years of age or older.
5(2) In all criminal and delinquency cases and juvenile dispositional hearings
6involving a victim or witness who is an elder person, the court and the district
7attorney shall take appropriate action to ensure a speedy trial in order to minimize
8the length of time the elder person must endure the stress of the elder person's
9involvement in the proceeding. In ruling on any motion or other request for a delay
10or continuance of proceedings, the court shall consider and give weight to any
11adverse impact the delay or continuance may have on the well-being of a victim or
12witness who is an elder person.
13SECTION 2. 971.109 of the statutes is created to read:
14971.109 Elder person victims and witnesses; duty to preserve
15testimony. (1) In this section, “elder person” means any individual who is 60 years
16of age or older.
17(2) In all criminal and delinquency cases and juvenile dispositional hearings
18involving a crime victim or witness who is an elder person, the court shall, upon the
19motion of a district attorney, conduct a hearing within 60 days of the date the motion
20was filed to preserve the testimony of the crime victim or witness. The hearing shall
21be before the court. The defendant shall be present at the hearing. The crime victim
1or witness shall be sworn as a witness and shall be subject to cross-examination and
2rebuttal if not unduly repetitious. The witness may testify in person, or, upon a
3showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be
4received into the record of the hearing by telephone or live audiovisual means. The
5hearing shall be recorded, and the recorded testimony of the witness shall be
6admissible in evidence against the defendant in any court proceeding in the case.
7 (END)
Assembly Bill 479
An Act to create 971.108 and 971.109 of the statutes; Relating to: expediting criminal
proceedings when a victim or witness is an elder person and preserving the testimony of a
crime victim or witness who is an elder person.
Status: A - Rules
Important Actions (newest first)
Date / House Action Journal
12/26/2019 Asm. Referred to committee on Rules
12/26/2019 Asm. Report passage recommended by Committee on Judiciary, Ayes 7,
Noes 0