SB 516 — 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.

- 2024 LEGISLATURE LRBa1124/1LRB-4443/1 MJW:cdc SENATE AMENDMENTBILL 1,516 TOOctober SENATE16, BILL2023 516- FebruaryIntroduced 6,by 2024Senators -T OfferedESTIN, CARPENTER , BALLWEG , H ESSELBEI, M ARKLEINand Q UINN, cosponsored by SenatorRepresentatives TESTIN.ACCO , W ITTKE, C.A NDERSON, ARMSTRONG , BEHNKE , CONLEY, DITTRICH, DONOVAN , EDMING , G USTAFSON, JOERS , K ITCHENS, M AXEY, M ICHALSK, O 'CONNOR , O HNSTAD, O RTIZV ELEZ, PETRYK, S NYDER and W ICHGERS .

AtReferred theto locationsCommittee indicated,on amendJudiciary theand billPublic asSafety. follows:

1.A N A CT to create 971.106 and 971.108 of the statutes;

Pagerelating 2,to: line 18:

deleteexpediting thecriminal materialproceedings beginningwhen witha “court"victim andor endingwitness withis “attorney,"an onelder lineperson 19 and substitutepreserving “district attorney may file a motion to preserve the testimony of thea crime victim or witness.witness who is an elder person.

IfAnalysis by the courtLegislative findsReference goodBureau causeThis tobill docreates so,a therequirement that a court shall”.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-4443/1 MJW:cdc SENATE BILL 516 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-4443/1 - 2024 Legislature - 3 - MJW:cdc SECTION 2 SENATE BILL 516 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.