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LRB-5240/1
CMH:skw
2019 - 2020 LEGISLATURE
January 27, 2020 - Introduced by Representatives Knodl, Sanfelippo, Dittrich,
Duchow, Edming, Gundrum, James, Kuglitsch, Skowronski and Wichgers,
cosponsored by Senators Darling, Jacque and Wanggaard. Referred to
Committee on Criminal Justice and Public Safety.
AB803,1,3 1An Act to renumber and amend 967.04 (1); and to create 967.04 (1) (b) and
2967.04 (5) (a) 5. of the statutes; relating to: using testimony taken by
3deposition in a criminal trial if witness is at risk of being intimidated.
Analysis by the Legislative Reference Bureau
Under current law, if a witness in a criminal proceeding may not be able to
attend the trial or hearing, the court may take the witness's testimony by deposition
if the testimony is material and necessary in order to prevent a failure of justice. The
deposition testimony may be used at trial if the witness is dead, the witness is
out-of-state, the witness is unable to attend because of sickness, or the subpoenaed
witness does not attend.
Under this bill, a court may take a witness's testimony by deposition if it
appears that the witness is at risk of being intimidated and therefore may not fully
cooperate at trial. Under the bill, the deposition testimony may be used at trial if the
court finds, by clear and convincing evidence, that the witness may have been
intimidated and is at risk of not fully cooperating at trial. When making the finding,
the court may consider the safety of the witness, the risk that the witness was
intimidated, the nature of the offense being tried, if the witness has changed his or
her testimony, and the nature of the defendant.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB803,1
1Section 1. 967.04 (1) of the statutes is renumbered 967.04 (1) (a) and amended
2to read:
AB803,2,103 967.04 (1) (a) If it appears that a prospective witness may be unable to attend
4or prevented from attending a criminal trial or hearing, that the prospective
5witness's testimony is material, and that it is necessary to take the prospective
6witness's deposition in order to prevent a failure of justice, the court at any time after
7the filing of an indictment or information may upon motion and notice to the parties
8order that the prospective witness's testimony be taken by deposition and that any
9designated books, papers, documents or tangible objects, not privileged, be produced
10at the same time and place.
AB803,2,13 11(c) If a witness is committed pursuant to s. 969.01 (3), the court shall direct that
12the witness's deposition be taken upon notice to the parties. After the deposition has
13been subscribed, the court shall discharge the witness.
AB803,2 14Section 2. 967.04 (1) (b) of the statutes is created to read:
AB803,2,1815 967.04 (1) (b) If it appears that a prospective witness is at risk of being
16intimidated and therefore is at risk of not fully cooperating at trial as he or she would
17if not intimidated, the court may upon motion and notice to the parties order that the
18prospective witness's testimony be taken by deposition.
AB803,3 19Section 3. 967.04 (5) (a) 5. of the statutes is created to read:
AB803,3,220 967.04 (5) (a) 5. The court finds clear and convincing evidence that the witness
21may have been intimidated and is at risk of not fully cooperating at trial as he or she
22would if not intimidated. When making a finding under this subdivision the court
23may consider the safety of the witness, the risk that the witness was intimidated, the

1nature of the offense being tried, if the witness has changed his or her testimony, and
2the nature of the defendant.
AB803,3,33 (End)
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