AB199: Bill Text

LRB-2470/1

MLJ&EHS:amn

2021 - 2022 LEGISLATURE

2021 Assembly BILL 199

March 25, 2021 - Introduced by Representatives Thiesfeldt, Skowronski, Brooks, Knodl and Schraa, cosponsored by Senators Jacque, Ballweg and Felzkowski. Referred to Committee on Criminal Justice and Public Safety.

AB199,1,6 An Act to repeal 967.08 (2) (a), 967.08 (2) (b), 967.08 (2) (d) and 967.08 (3); to amend 938.30 (10), 967.08 (title), 967.08 (1), 967.08 (2) (intro.), 967.08 (2) (c), 971.04 (1) (intro.) and 972.02 (1); and to create 938.325 and 967.08 (2) (am) of the statutes; relating to: conducting juvenile proceedings by telephone or audiovisual means and appearance at any criminal proceeding by telephone or audiovisual means.

Analysis by the Legislative Reference Bureau

Under current law, a court assigned jurisdiction under the Juvenile Justice Code may permit any party to participate in a plea hearing by telephone or live audiovisual means except for a juvenile who intends to admit the facts of a delinquency petition. This bill eliminates that exception.

The bill also specifies that proceedings under the Juvenile Justice Code may be conducted by telephone or live audiovisual means unless good cause to the contrary is shown, and that any action taken by the court or any party in such a proceeding has the same effect as if made in open court.

Current law provides that only certain criminal proceedings may be conducted by telephone or live audiovisual means unless good cause to the contrary is shown, and that any action taken by the court or any party in such a proceeding has the same effect as if made in open court. This bill specifies that any criminal proceeding or any hearing on a motion for an extension of time for a trial involving an interstate detainer may be conducted by telephone or live audiovisual means, unless good cause to the contrary is shown, and that any action taken by the court or any party in such a proceeding has the same effect as if made in open court.

For further information see the state and 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:

AB199,1 Section 1. 938.30 (10) of the statutes is amended to read:

AB199,2,5 938.30 (10) Telephone or live audiovisual participation. The court may permit any party to participate in hearings under this section by telephone or live audiovisual means except a juvenile who intends to admit the facts of the delinquency petition.

AB199,2 Section 2 . 938.325 of the statutes is created to read:

AB199,2,18 938.325 Proceedings by telephone or live audiovisual means. Unless good cause to the contrary is shown, proceedings referred to under this chapter may be conducted by telephone or live audiovisual means if available. If the proceeding is required to be reported under SCR 71.01 (2), the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to a proceeding conducted by telephone or live audiovisual means, any plea, waiver, stipulation, motion, objection, decision, order, or other action taken by the court or any party has the same effect as if made in open court. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or live audiovisual feed or, upon request to the court, by allowing persons entitled to attend to participate in the telephone call without charge.

AB199,3 Section 3. 967.08 (title) of the statutes is amended to read:

AB199,3,1 967.08 (title) Telephone or live audiovisual proceedings.

AB199,4 Section 4. 967.08 (1) of the statutes is amended to read:

AB199,3,17 967.08 (1) Unless good cause to the contrary is shown, proceedings referred to in this section may be conducted by telephone or live audiovisual means, if available. If the proceeding is required to be reported under SCR 71.01 (2), the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call a proceeding conducted by telephone or live audiovisual means, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, setting, review, modification of bail and other conditions of release under ch. 969, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or live audiovisual means or, upon request to the court, by making allowing a person party to participate in the telephone call without charge.

AB199,5 Section 5. 967.08 (2) (intro.) of the statutes is amended to read:

AB199,3,22 967.08 (2) (intro.) The court may permit the following proceedings to be conducted under sub. (1) on the request of either party. The request and the opposing party's showing of good cause for not conducting the proceeding under sub. (1) may be made by telephone or live audiovisual means.

AB199,6 Section 6. 967.08 (2) (a) of the statutes is repealed.

AB199,7 Section 7. 967.08 (2) (am) of the statutes is created to read:

AB199,3,25 967.08 (2) (am) Any criminal proceeding under chapters 968 to 973.

AB199,8 Section 8. 967.08 (2) (b) of the statutes is repealed.

AB199,9 Section 9. 967.08 (2) (c) of the statutes is amended to read:

AB199,4,4 967.08 (2) (c) Motions for extension of time under ss. 970.03 (2), 971.10 or other statutes s. 976.05 (3) (a) or (4) (c).

AB199,10 Section 10. 967.08 (2) (d) of the statutes is repealed.

AB199,11 Section 11. 967.08 (3) of the statutes is repealed.

AB199,12 Section 12. 971.04 (1) (intro.) of the statutes is amended to read:

AB199,4,9 971.04 (1) (intro.) Except as provided in subs. (2) and (3), the defendant shall be present personally or by telephone or live audiovisual means:

AB199,13 Section 13. 972.02 (1) of the statutes is amended to read:

AB199,4,14 972.02 (1) Except as otherwise provided in this chapter, criminal cases shall be tried by a jury selected as prescribed in s. 805.08, unless the defendant waives a jury in writing or by statement in open court or under s. 967.08 (2) (b), on the record, with the approval of the court and the consent of the state.

AB199,4,15 (End)