Wisconsin 2023-2024 Regular Session Status: Enacted Bipartisan · 11 R · 4 D cosponsors

AB 556 — 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.

Last action — Published 3-28-2024

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced October 26, 2023. Enacted.

Signed by Governor Tony Evers (Democratic) on March 28, 2024.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 21 sponsors

    21 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (11 R · 4 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

65 added · 10 removed

Plain-language change summary

The recent changes to Assembly Bill 556 clarify the process for preserving the testimony of older victims or witnesses in criminal cases. Instead of requiring the prosecuting attorney to file a motion to preserve testimony, the bill now allows the district attorney to do so, and the court must act if it finds a good reason. This adjustment aims to streamline the testimony preservation process, ensuring that elder individuals can give their accounts more efficiently and with less stress. Ultimately, it is designed to protect the rights and well-being of older victims and witnesses throughout the legal process.

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Latest
- 2024 LEGISLATURE LRBa0983/1 MJW:cdc ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 556 January 19, 2024 - Offered by RepresentativACCO.
- 2024 LEGISLATURE LRB-1017/1 MJW:cdc ASSEMBLY BILL 556 October 26, 2023 - Introduced by Representatives MACCO , WITTKE, C.ANDERSON , A RMSTRONG , EHNKE , CONLEY, DITTRIC, DONOVAN , DMING , USTAFSON , OERS, K ITCHENS, M AXEY, M ICHALSK, O CONNOR , O HNSTAD, O RTIZV ELEZ, PETRYK, S NYDER, WICHGERS and S INICK, cosponsored by Senators ESTIN, CARPENTER, B ALLWEG , HESSELBEIN, M ARKLEIN and Q UINN.
At the locations indicated, amend the bill as follows:
Referred to Committee on Judiciary.
1.
A N A CT to create 971.106 and 971.108 of the statutes;
Page 2, line 18:
relating to:
delete the material beginning with “court" and ending with “attorney," on line 19 and substitute “district attorney may file a motion to preserve the testimony of the crime victim or witness.
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.
If the court finds good cause to do so, the court shall”.
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 - 2024 Legislature - 2 - LRB-1017/1 MJW:cdc ASSEMBLY BILL 556 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:
S ECTION 1.
971.106 of the statutes is created to read:
971.106 Elder person victims and witnesses;
duty to expedite proceedings.
(1) In this section, “elder person” means any individual who is 60 years of age or older.
(2) In all criminal and delinquency cases and juvenile dispositional hearings involving a victim or witness who is an elder person, the court and the district attorney shall 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.
In ruling on any motion or other request for a delay or continuance of proceedings, the court shall 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.
S ECTION 2.
971.108 of the statutes is created to read:
971.108 Elder person victims and witnesses;
duty to preserve testimony.
(1) In this section, “elder person” means any individual who is 60 years of age or older.
(2) In all criminal and delinquency cases and juvenile dispositional hearings involving a crime victim or witness who is an elder person, the court shall, upon the motion of a district attorney, conduct a hearing within 60 days of the date the motion was filed to preserve the testimony of the crime victim or witness.
The hearing shall be before the court.
The defendant shall be present at the hearing.
The crime victim LRB-1017/1 - 2024 Legislature - 3 - MJW:cdc SECTION 2 ASSEMBLY BILL 556 or witness shall be sworn as a witness and shall be subject to cross-examination and rebuttal if not unduly repetitious.
The witness may testify in person, or, upon a showing by the proponent of good cause under s.
807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audiovisual means.
The hearing shall be recorded, and the recorded testimony of the witness shall be admissible in evidence against the defendant in any court proceeding in the case.
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Action History

  1. Published 3-28-2024

  2. Report approved by the Governor on 3-27-2024. 2023 Wisconsin Act 231

  3. Presented to the Governor on 3-21-2024

  4. Report correctly enrolled on 2-26-2024

  5. Received from Senate concurred in

  6. Ordered immediately messaged

  7. Read a third time and concurred in, Ayes 29, Noes 3

  8. Rules suspended to give bill its third reading

  9. Ordered to a third reading

  10. Read a second time

  11. Placed on calendar 2-20-2024 pursuant to Senate Rule 18(1)

  12. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  13. Available for scheduling

  14. Read first time and referred to committee on Senate Organization

  15. Received from Assembly

  16. Ordered immediately messaged

  17. Read a third time and passed

  18. Rules suspended

  19. Ordered to a third reading

  20. Assembly Amendment 2 adopted

  21. Assembly Amendment 2 offered by Representative Macco

  22. Assembly Amendment 1 adopted

  23. Read a second time

  24. Placed on calendar 2-15-2024 by Committee on Rules

  25. Referred to committee on Rules

  26. Report passage as amended recommended by Committee on Judiciary, Ayes 6, Noes 1

  27. Report Assembly Amendment 1 adoption recommended by Committee on Judiciary, Ayes 7, Noes 0

  28. Executive action taken

  29. Assembly Amendment 1 offered by Representative Macco

  30. Public hearing held

  31. Representative Jacobson added as a coauthor

  32. Representative Ratcliff added as a coauthor

  33. Representative Subeck added as a coauthor

  34. Read first time and referred to Committee on Judiciary

  35. Introduced by Representatives Macco, Wittke, C. Anderson, Armstrong, Behnke, Conley, Dittrich, Donovan, Edming, Gustafson, Joers, Kitchens, Maxey, Michalski, O'Connor, Ohnstad, Ortiz-Velez, Petryk, Snyder, Wichgers and Sinicki; cosponsored by Senators Testin, Carpenter, Ballweg, Hesselbein, Marklein and Quinn

Sponsors

Sponsorship breakdown

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21 sponsors · 0 co-sponsors · 111 not signed on · 3 voted No

Sponsors (21)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 29 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 18100
Democrat 6200
Total 29300
% of votes cast 91%9%0%0%
How each member voted (32)
Member Party Vote
AGARD — Yea
BALLWEG — Yea
JOHNSON — Yea
STROEBEL — Yea
COWLES — Yea
Carpenter, Tim Democrat Yea
Hesselbein, Dianne Democrat Yea
Larson, Chris Democrat Yea
Pfaff, Brad Democrat Yea
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Yea
Spreitzer, Mark Democrat Nay
Wirch, Robert Democrat Yea
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
Knodl, Daniel Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Nay
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 556?
AB 556 is sponsored by Macco, Wittke, Robert (Republican), Anderson, Clinton (Democrat), Armstrong, David (Republican), Behnke, Elijah (Republican), Conley, Dittrich, Barbara (Republican), Donovan, Bob (Republican), Edming, Gustafson, Nate (Republican), Joers, Alex (Democrat), Kitchens, Joel (Republican), Maxey, Dave (Republican), Michalski, O'Connor, Jerry (Republican), Ohnstad, Ortiz-Velez, Sylvia (Democrat), Petryk, Snyder, Patrick (Republican), Wichgers, Chuck (Republican), and Sinicki, Christine (Democrat).
What is the current status of AB 556?
This bill has been enacted into law. Introduced October 26, 2023. Enacted.
Where can I track AB 556?
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