Bills · 2023-2024 Regular Session
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.
Court — Procedure Credit Crime victim District attorney Juvenile court Juvenile delinquency Senior citizen Sentences and penalties Witness
- Introduced, completed
- Passes Assembly, completed
- Passes Senate, completed
- Governor signs, completed
- Law, completed
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan 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.
Sponsors
Introduced by: Armstrong (R) , Behnke (R) , C. Anderson (D) , Conley (D) , Dittrich (R) , Donovan (R) , Edming (R) , Gustafson (R) , Joers (D) , Kitchens (R) , Macco (R) , Maxey (R) , Michalski (R) , O'Connor (R) , Ohnstad (D) , Ortiz-Velez (D) , Petryk (R) , Sinicki (D) , Snyder (R) , Wichgers (R) , Wittke (R)
Votes
Assembly: Report Assembly Amendment 1 adoption recommended by Committee on Judiciary, Ayes 7, Noes 0
Passed 7–0 Feb 7, 2024 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Assembly: Report passage as amended recommended by Committee on Judiciary, Ayes 6, Noes 1
Passed 6–1 Feb 7, 2024 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Senate: Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2
Passed 3–2 Feb 19, 2024 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Aye · 29
- André Jacque (1)
- Bob Wirch (22)
- Brad Pfaff (32)
- Chris Kapenga (33)
- Chris Larson (7)
- Cory Tomczyk (29)
- Dan Feyen (20)
- Dan Knodl (24)
- Devin LeMahieu (9)
- Dianne Hesselbein (27)
- Duey Stroebel (20)
- Eric Wimberger (2)
- Howard Marklein (17)
- Jeff Smith (31)
- Jesse James (23)
- Joan Ballweg (14)
- John Jagler (13)
- Julian Bradley (28)
- LaTonya Johnson (6)
- Mary Felzkowski (12)
- Melissa Agard (16)
- Patrick Testin (24)
- Rachael Cabral-Guevara (19)
- Rob Cowles (2)
- Rob Hutton (5)
- Romaine Quinn (25)
- Steve Nass (11)
- Tim Carpenter (3)
- Van Wanggaard (21)
Nay · 3
- Kelda Roys (26)
- Mark Spreitzer (15)
- Rob Stafsholt (10)
Full history
- Oct 26, 2023 · Assembly
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
- Oct 26, 2023 · Assembly
Read first time and referred to Committee on Judiciary
- Oct 30, 2023 · Assembly
Representative Subeck added as a coauthor
- Nov 3, 2023 · Assembly
Representative Ratcliff added as a coauthor
- Nov 7, 2023 · Assembly
Representative Jacobson added as a coauthor
- Jan 11, 2024 · Assembly
Public hearing held
- Jan 19, 2024 · Assembly
Assembly Amendment 1 offered by Representative Macco
- Jan 24, 2024 · Assembly
Executive action taken
- Feb 7, 2024 · Assembly
Referred to committee on Rules
- Feb 7, 2024 · Assembly
Report Assembly Amendment 1 adoption recommended by Committee on Judiciary, Ayes 7, Noes 0
- Feb 7, 2024 · Assembly
Report passage as amended recommended by Committee on Judiciary, Ayes 6, Noes 1
- Feb 13, 2024 · Assembly
Placed on calendar 2-15-2024 by Committee on Rules
- Feb 15, 2024 · Assembly
Read a second time
- Feb 15, 2024 · Assembly
Assembly Amendment 1 adopted
- Feb 15, 2024 · Assembly
Assembly Amendment 2 offered by Representative Macco
- Feb 15, 2024 · Assembly
Assembly Amendment 2 adopted
- Feb 15, 2024 · Assembly
Ordered to a third reading
- Feb 15, 2024 · Assembly
Rules suspended
- Feb 15, 2024 · Assembly
Read a third time and passed
- Feb 15, 2024 · Assembly
Ordered immediately messaged
- Feb 15, 2024 · Senate
Received from Assembly
- Feb 19, 2024 · Senate
Read first time and referred to committee on Senate Organization
- Feb 19, 2024 · Senate
Available for scheduling
- Feb 19, 2024 · Senate
Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2
- Feb 19, 2024 · Senate
Placed on calendar 2-20-2024 pursuant to Senate Rule 18(1)
- Feb 20, 2024 · Senate
Read a second time
- Feb 20, 2024 · Senate
Ordered to a third reading
- Feb 20, 2024 · Senate
Rules suspended to give bill its third reading
- Feb 20, 2024 · Senate
Read a third time and concurred in, Ayes 29, Noes 3
- Feb 20, 2024 · Senate
Ordered immediately messaged
- Feb 20, 2024 · Assembly
Received from Senate concurred in
- Feb 26, 2024 · Assembly
Report correctly enrolled on 2-26-2024
- Mar 21, 2024 · Assembly
Presented to the Governor on 3-21-2024
- Mar 28, 2024 · Assembly
Report approved by the Governor on 3-27-2024. 2023 Wisconsin Act 231
- Mar 28, 2024 · Assembly
Published 3-28-2024