LRB-4612/1
KRP:klm&cdc
2023 - 2024 LEGISLATURE
October 16, 2023 - Introduced by Senators James,
Ballweg and Marklein,
cosponsored by Representatives
Novak, Brandtjen, Donovan, Kitchens,
Michalski, Murphy and Schmidt. Referred to Committee on Judiciary and
Public Safety.
SB524,1,2
1An Act to amend 885.60 (2) (d) of the statutes;
relating to: the use of
2videoconferencing technology in certain civil actions.
Analysis by the Legislative Reference Bureau
Under current law, a circuit court generally may allow the use of
videoconferencing technology during pretrial, trial or fact-finding, or post-trial
proceedings, subject to certain technical standards and criteria. However, current
law provides that a defendant in a criminal case (defendant) or a respondent in
certain civil actions that could result in loss of liberty or fundamental rights with
respect to the respondent's children (respondent) is entitled to be physically present
in the courtroom during his or her trial and at his or her sentencing or other
dispositional hearing. Currently, if a defendant or respondent objects to the use of
videoconferencing technology regarding a proceeding that the defendant or
respondent has a right to attend in person, the court must sustain the objection. If
a defendant or respondent objects to the use of videoconferencing technology
regarding any other proceeding, current law allows the court to exercise its
discretion in determining the objection.
This bill provides that the court is only required to sustain an objection to the
use of videoconferencing technology that is made by a defendant, but not by a
respondent, regarding a proceeding the defendant is entitled to attend in person.
Under the bill, the court may exercise its discretion in determining any objection by
a respondent to the use of videoconferencing technology regarding any proceeding,
even if the respondent is entitled to attend the proceeding in person.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB524,1
1Section
1. 885.60 (2) (d) of the statutes is amended to read:
SB524,2,72
885.60
(2) (d) If an objection is made by the defendant
or respondent in a
matter
3listed in sub. (1), criminal case regarding any proceeding
where he or she in which
4the defendant is entitled to be physically present in the courtroom, the court shall
5sustain the objection. For all other proceedings in a matter listed in sub. (1), the court
6shall determine the objection in the exercise of its discretion under the criteria set
7forth in s. 885.56.
