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Bills from the 2009–10 session

Assembly Bill 419

Rape shield provisions in civil proceedings, discovery and inspection of victims and witnesses, and victims rights

Topics: Court: Procedure, Crime victim, Damage (personal injury), Sex crimes

Became law

The governor signed it on Mar 3, 2010. It's ⁠.

  1. Introduced, passed

    Sep 11, 2009

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed Oct 29, 2009

  4. Senate vote, passed

    Passed Feb 16, 2010

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 138

Latest entry in the official record, Mar 5, 2010: “Published 3-17-2010”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill prohibits a court from ordering a witness or a victim, as a condition of allowing testimony in a criminal case involving sexual assault or repeated sexual assault of a child, sexual assault, or other criminal acts that are sexually motivated, to submit to a mental examination to assess his or her credibility. This bill also generally prohibits a defendant from compelling a crime victim to a pretrial interview or deposition.

Current law provides for compensation to victims of certain crimes and to health providers who perform certain procedures on victims of a sex offense. The Department of Justice designs forms for persons applying for compensation. This bill makes any personally identifiable information about the victim on the form confidential and not a public record.

Read the full summary

Generally, evidence that has the tendency to make the existence of a fact more probable or less probable (relevant evidence) is admissible in a court action that involves the issues concerning that fact. Some relevant evidence is excluded from admission if it creates unfair prejudice, confuses the issues, misleads the jury, or is repetitious of other evidence. Some relevant evidence, such as the test for the presence of HIV, is not admissible as evidence to prove a person's character. Some relevant evidence is not admissible unless the collection of that evidence is done under certain protocols or by certain persons certified to collect that evidence, such as the presence of lead in dust.

This bill prohibits, in any civil action seeking damages, the admission of evidence concerning the sexual conduct of a person who has been the victim of certain criminal acts, including sexual assault, sexual exploitation by a therapist, and sexual crimes against children if that evidence is offered to prove the victim engaged in other sexual conduct or to prove the victim's sexual predisposition. This prohibition does not apply to evidence of consensual sexual conduct between the victim and the alleged offender or to evidence of sexual conduct that resulted in the victim's damages if that evidence is first shown to the court in the judge's chambers to be related to the victim's damages.

Who's behind it

13 lawmakers are its ⁠. 10 are Democrats and 2 are Republicans. 1 has no party on record.

3 more lawmakers ⁠.

See all 16 names

Authors (13)

Signed on in support (3)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 2 votes on this bill.

Assembly Committee on Corrections and the Courts vote on an amendment

Passed, 11 to 0 · Oct 27, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Amendment 1 adoption recommended by committee on Corrections and the Courts, Ayes 11, Noes 0”. Official record · This vote on its own page

Senate Committee on Judiciary vote to recommend it

Passed, 5 to 0 · Feb 5, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report concurrence recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0”. Official record · This vote on its own page

What happened

  1. Mar 5, 2010

    The new law was published.

  2. Mar 3, 2010

    The governor signed it. It became 2009 Wisconsin Act 138.

  3. Mar 2, 2010

    Sent to the governor.

  4. Feb 16, 2010

    The Senate passed it too.

  5. Feb 16, 2010

    1 more senator signed on in support.

  6. Feb 5, 2010

    The committee voted to recommend passing it, 5 to 0.

  7. Dec 15, 2009

    The committee held a public hearing.

  8. Nov 3, 2009

    Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

  9. Oct 29, 2009

    The Senate received it.

  10. Oct 29, 2009

    The Assembly passed it.

  11. Oct 29, 2009

    The Assembly adopted it.

  12. Oct 27, 2009

    Sent to the Assembly Committee on Rules.

  13. Oct 27, 2009

    The committee voted to recommend passing it, 11 to 0.

  14. Sep 29, 2009

    A state agency sent in its estimate of the cost.

  15. Sep 28, 2009

    A state agency sent in its estimate of the cost.

  16. Sep 23, 2009

    The committee held a public hearing.

  17. Sep 21, 2009

    A state agency sent in its estimate of the cost.

  18. Sep 11, 2009

    Sent to the Assembly Committee on Corrections and the Courts.

  19. Sep 11, 2009

    Introduced in the Assembly.

See the official record, word for word
  1. Sep 11, 2009 · Assembly

    Introduced by Representatives Radcliffe, Parisi, Jorgensen, Shilling, Bies, Turner, Hraychuck, Bernard Schaber, Steinbrink, Roys, Staskunas, Berceau and Suder;Cosponsored by Senators Taylor and Kedzie

  2. Sep 11, 2009 · Assembly

    Read first time and referred to committee on Corrections and the Courts

  3. Sep 21, 2009 · Assembly

    Fiscal estimate received

  4. Sep 23, 2009 · Assembly

    Public hearing held

  5. Sep 28, 2009 · Assembly

    Fiscal estimate received

  6. Sep 29, 2009 · Assembly

    Fiscal estimate received

  7. Sep 30, 2009 · Assembly

    Assembly amendment 1 offered by Representative Parisi

  8. Oct 20, 2009 · Assembly

    Executive action taken

  9. Oct 27, 2009 · Assembly

    Report Assembly Amendment 1 adoption recommended by committee on Corrections and the Courts, Ayes 11, Noes 0

  10. Oct 27, 2009 · Assembly

    Report passage as amended recommended by committee on Corrections and the Courts, Ayes 11, Noes 0

  11. Oct 27, 2009 · Assembly

    Referred to committee on Rules

  12. Oct 27, 2009 · Assembly

    Placed on calendar 10-29-2009 by committee on Rules

  13. Oct 29, 2009 · Assembly

    Read a second time

  14. Oct 29, 2009 · Assembly

    Assembly amendment 1 adopted

  15. Oct 29, 2009 · Assembly

    Ordered to a third reading

  16. Oct 29, 2009 · Assembly

    Rules suspended

  17. Oct 29, 2009 · Assembly

    Read a third time and passed

  18. Oct 29, 2009 · Assembly

    Ordered immediately messaged

  19. Oct 29, 2009 · Senate

    Received from Assembly

  20. Nov 3, 2009 · Senate

    Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing

  21. Dec 10, 2009 · Senate

    LRB correction

  22. Dec 15, 2009 · Senate

    Public hearing held

  23. Feb 4, 2010 · Senate

    Executive action taken

  24. Feb 5, 2010 · Senate

    Report concurrence recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0

  25. Feb 5, 2010 · Senate

    Available for scheduling

  26. Feb 10, 2010 · Senate

    Placed on calendar 2-16-2010 pursuant to Senate Rule 18(1)

  27. Feb 16, 2010 · Senate

    Senator Miller added as a cosponsor

  28. Feb 16, 2010 · Senate

    Read a second time

  29. Feb 16, 2010 · Senate

    Ordered to a third reading

  30. Feb 16, 2010 · Senate

    Rules suspended

  31. Feb 16, 2010 · Senate

    Read a third time and concurred in

  32. Feb 16, 2010 · Senate

    Ordered immediately messaged

  33. Feb 16, 2010 · Assembly

    Received from Senate concurred in

  34. Feb 17, 2010 · Assembly

    Report correctly enrolled

  35. Mar 2, 2010 · Assembly

    Presented to the Governor on 3-2-2010

  36. Mar 3, 2010 · Assembly

    Report approved by the Governor on 3-3-2010. 2009 Wisconsin Act 138

  37. Mar 5, 2010 · Assembly

    Published 3-17-2010

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote

More in the glossary