Senate Bill 399
The admissibility of hearsay evidence at a preliminary examination
Topics: Court: Procedure, Evidence
Became law
The governor signed it on Apr 13, 2012. It's .
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Introduced, passed
Jan 25, 2012
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Committee, passed
Approved
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Senate vote, passed
Passed Mar 6, 2012
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Assembly vote, passed
Passed 63 to 19
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Governor, passed
Signed
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Law, here now
2011 Wisconsin Act 285
Latest entry in the official record, Apr 16, 2012: “Published 4-26-2012”
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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
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it does
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, if an adult is charged with a felony (or, under certain circumstances, if a juvenile is charged with a violation that would be a crime if committed by an adult), a preliminary examination is conducted to determine whether there is probable cause to believe that the person committed the crime as charged. In the case of a juvenile, the preliminary examination is also used to determine whether the juvenile should be tried in adult court or referred to juvenile court.
Under current law, hearsay evidence (a statement, other than one made by a person who is testifying in court, that is offered to prove the truth of the matter asserted) is generally inadmissible in court proceedings, including in a preliminary examination. Current law offers some exceptions to the rule that hearsay is inadmissible, which generally require some indication that the hearsay is reliable or trustworthy. Current law also includes an exception at a preliminary examination to establish property ownership, a victim's lack of consent to entry upon or destruction of private property, and certain elements of identity theft crimes.
Read the full summary Show less
Under this bill, hearsay evidence is admissible at a preliminary examination.
Under the bill, the court may rely on hearsay, in whole or in part, to determine whether there is probable cause that the defendant committed a crime.
Who's behind it
2 senators are its . All 2 are Republicans.
5 more lawmakers .
See all 7 names Hide the names
Authors (2)
- Glenn Grothman · Republican, Senate
- Mary Lazich · Republican, Senate
Signed on in support (5)
- Garey Bies · Republican, Assembly
- David Craig · Republican, Senate
- André Jacque · Republican, Senate
- Scott Krug · Republican, Assembly
- Daniel LeMahieu · Republican, Assembly
How lawmakers voted
There were 3 votes on this bill.
Senate Committee on Judiciary vote to recommend it
Passed, 5 to 0 · Feb 27, 2012
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0”. Official record · This vote on its own page
Assembly vote
Failed, 29 to 53 · Mar 15, 2012
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Refused to refer to committee on Judiciary and Ethics, Ayes 29, Noes 53”. Official record · This vote on its own page
Assembly vote to pass it
Passed, 63 to 19 · Mar 15, 2012 · 17 didn't vote
See how each of the 99 representatives voted Hide the names
D: Democrat, I: Independent, R: Republican
Yes (63)
- Alvin Ott (R, 3)
- Amy Loudenbeck (R, 31)
- Amy Sue Vruwink (D, 70)
- André Jacque (R, 1)
- Andy Jorgensen (D, 43)
- Chad Weininger (R, 4)
- Chris Danou (D, 92)
- Chris Kapenga (R, 33)
- Cory Mason (D, 66)
- Dale Kooyenga (R, 5)
- Dan Knodl (R, 24)
- Daniel LeMahieu (R, 59)
- David Craig (R, 28)
- Don Pridemore (R, 22)
- Donna Seidel (D, 85)
- Duey Stroebel (R, 20)
- Edward Brooks (R, 50)
- Fred Clark (D, 81)
- Gary Tauchen (R, 6)
- Howard Marklein (R, 17)
- Jeff Fitzgerald (R, 39)
- Jeff Mursau (R, 36)
- Jeffrey Stone (R, 82)
- Jeremy Thiesfeldt (R, 52)
- Jerry Petrowski (R, 29)
- Jim Ott (R, 23)
- Joan Ballweg (R, 14)
- Joe Knilans (R, 44)
- Joel Kleefisch (R, 38)
- John Klenke (R, 88)
- John Nygren (R, 89)
- Josh Zepnick (D, 9)
- Karl Van Roy (R, 90)
- Kathleen Bernier (R, 23)
- Keith Ripp (R, 42)
- Kevin Petersen (R, 57)
- Lee Nerison (R, 96)
- Louis Molepske Jr. (D, 71)
- Margaret Krusick (D, 7)
- Mark Honadel (R, 21)
- Mark Pocan (D, 78)
- Mary Williams (R, 87)
- Michelle Litjens (R, 56)
- Mike Endsley (R, 26)
- Mike Kuglitsch (R, 84)
- Nick Milroy (D, 73)
- Pat Strachota (R, 58)
- Paul F. Farrow (R, 33)
- Penny Bernard Schaber (D, 57)
- Peter Barca (D, 64)
- Richard Spanbauer (R, 53)
- Robert Turner (D, 61)
- Robin Vos (R, 33)
- Roger Rivard (R, 75)
- Samantha Kerkman (R, 61)
- Scott Krug (R, 72)
- Scott Suder (R, 69)
- Sondy Pope (D, 80)
- Steve Doyle (D, 94)
- Steve Nass (R, 11)
- Thomas Larson (R, 67)
- Travis Tranel (R, 49)
- Warren Petryk (R, 93)
No (19)
- Barbara Toles (D, 17)
- Bill Kramer (R, 97)
- Bob Ziegelbauer (I, 25)
- Brett Hulsey (D, 78)
- Chris Taylor (D, 76)
- Frederick Kessler (D, 12)
- Gary Hebl (D, 46)
- Gordon Hintz (D, 54)
- Janet Bewley (D, 25)
- Janis Ringhand (D, 15)
- Jill Billings (D, 95)
- JoCasta Zamarripa (D, 8)
- Jon Richards (D, 19)
- Kelda Roys (D, 26)
- Leon Young (D, 16)
- Sandy Pasch (D, 10)
- Steve Kestell (R, 27)
- Terese Berceau (D, 77)
- Tyler August (R, 31)
Didn't vote (17)
- Christine Sinicki (D, 20)
- Dan Meyer (R, 34)
- David Cullen (D, 13)
- Dean Kaufert (R, 53)
- Dean Knudson (R, 30)
- Elizabeth Coggs (D, 10)
- Erik Severson (R, 28)
- Evan Wynn (R, 43)
- Garey Bies (R, 1)
- Jason Fields (D, 11)
- Jim Steineke (R, 5)
- John Murtha (R, 29)
- John Steinbrink (D, 65)
- Mark Radcliffe (D, 92)
- Tamara Grigsby (D, 18)
- Thomas Tiffany (R, 12)
- Tony Staskunas (D, 15)
Official motion: “Read a third time and concurred in, Ayes 63, Noes 19”. Official record · This vote on its own page
What happened
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Apr 16, 2012
The new law was published.
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Apr 13, 2012
The governor signed it. It became 2011 Wisconsin Act 285.
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Apr 5, 2012
Sent to the governor.
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Mar 15, 2012
The Assembly passed it too, 63 to 19.
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Mar 6, 2012
Sent to the Assembly Committee on Rules.
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Mar 6, 2012
The Assembly received it.
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Mar 6, 2012
The Senate passed it.
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Feb 27, 2012
The committee voted to recommend passing it, 5 to 0.
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Feb 8, 2012
The committee held a public hearing.
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Jan 25, 2012
Sent to the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.
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Jan 25, 2012
Introduced in the Senate.
See the official record, word for word Hide the official record
- Jan 25, 2012 · Senate
Introduced by Senators Grothman and Lazich;Cosponsored by Representatives Jacque, Bies, Craig, Krug and LeMahieu
- Jan 25, 2012 · Senate
Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations
- Feb 8, 2012 · Senate
Public hearing held
- Feb 22, 2012 · Senate
Executive action taken
- Feb 27, 2012 · Senate
Report passage recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0
- Feb 27, 2012 · Senate
Available for scheduling
- Mar 5, 2012 · Senate
Placed on calendar 3-6-2012 pursuant to Senate Rule 18(1)
- Mar 6, 2012 · Senate
Read a second time
- Mar 6, 2012 · Senate
Ordered to a third reading
- Mar 6, 2012 · Senate
Rules suspended
- Mar 6, 2012 · Senate
Read a third time and passed
- Mar 6, 2012 · Senate
Ordered immediately messaged
- Mar 6, 2012 · Assembly
Received from Senate
- Mar 6, 2012 · Assembly
Read first time and referred to committee on Rules
- Mar 13, 2012 · Assembly
Made a special order of business at 9:15 A.M. on 3-14-2012 pursuant to Assembly Resolution 24
- Mar 15, 2012 · Assembly
Read a second time
- Mar 15, 2012 · Assembly
Ordered to a third reading
- Mar 15, 2012 · Assembly
Refused to refer to committee on Judiciary and Ethics, Ayes 29, Noes 53
- Mar 15, 2012 · Assembly
Rules suspended
- Mar 15, 2012 · Assembly
Read a third time and concurred in, Ayes 63, Noes 19
- Mar 15, 2012 · Assembly
Ordered immediately messaged
- Mar 19, 2012 · Senate
Received from Assembly concurred in
- Mar 23, 2012 · Senate
Report correctly enrolled on 3-23-2012
- Apr 5, 2012 · Senate
Presented to the Governor on 4-5-2012
- Apr 13, 2012 · Senate
Report approved by the Governor on 4-12-2012. 2011 Wisconsin Act 285
- Apr 16, 2012 · Senate
Published 4-26-2012
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
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
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
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote