2005 Wisconsin Act 42

42,16 Section 16. 908.08 (5) (a) of the statutes is amended to read:

908.08 (5) (a) If the court or hearing examiner admits a videotape recorded statement under this section, the party who has offered the statement into evidence may nonetheless call the child to testify immediately after the videotape statement is shown to the trier of fact. Except as provided in par. (b), if that party does not call the child, the court or hearing examiner, upon request by any other party, shall order that the child be produced immediately following the showing of the videotape statement to the trier of fact for cross-examination.

42,17 Section 17. 908.08 (5) (b) of the statutes is amended to read:

908.08 (5) (b) If a videotape recorded statement under this section is shown at a preliminary examination under s. 970.03 and the party who offers the statement does not call the child to testify, the court may not order under par. (a) that the child be produced for cross-examination at the preliminary examination.

42,18 Section 18. 908.08 (6) of the statutes is amended to read:

908.08 (6) Videotaped Recorded oral statements of children under this section in the possession, custody or control of the state are discoverable under ss. 48.293 (3), 304.06 (3d), 971.23 (1) (e) and 973.10 (2g).

42,19 Section 19. 908.08 (7) of the statutes is amended to read:

908.08 (7) At a trial or hearing under sub. (1), a court or a hearing examiner may also admit into evidence a videotape an audiovisual recording of an oral statement of a child that is hearsay and is admissible under this chapter as an exception to the hearsay rule.

42,20 Section 20. 938.293 (3) of the statutes is amended to read:

938.293 (3) Upon request prior to the fact-finding hearing, the district attorney shall disclose to the juvenile, and to the juvenile's counsel or guardian ad litem, the existence of any videotaped audiovisual recording of an oral statement of a juvenile child under s. 908.08 which is within the possession, custody or control of the state and shall make reasonable arrangements for the requesting person to view the videotaped oral statement. If, subsequent to after compliance with this subsection, the state obtains possession, custody or control of such a videotaped statement, the district attorney shall promptly notify the requesting person of that fact and make reasonable arrangements for the requesting person to view the videotaped oral statement.

42,21 Section 21. 938.31 (2) of the statutes is amended to read:

938.31 (2) The hearing shall be to the court. If the hearing involves a child victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02 (5), the court may order the taking that a deposition be taken by audiovisual means and allow the use of a videotaped recorded deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court shall make a determination of the facts. If the court finds that the juvenile is not within the jurisdiction of the court or the court finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.

42,22 Section 22. 950.055 (2) (b) of the statutes is amended to read:

950.055 (2) (b) Advice to the judge, when appropriate and as a friend of the court, regarding the child's ability to understand proceedings and questions. The services may include providing assistance in determinations concerning the taking of videotaped depositions by audiovisual means under s. 908.08 or 967.04 (7) and (8) and the duty to expedite proceedings under s. 971.105.

42,23 Section 23. 967.04 (7) (a) (intro.) of the statutes is amended to read:

967.04 (7) (a) (intro.) In any criminal prosecution or any proceeding under ch. 48 or 938, any party may move the court to order the taking of that a videotaped deposition of a child who has been or is likely to be called as a witness be taken by audiovisual means. Upon notice and hearing, the court may issue an order for such a deposition if the trial or hearing in which the child may be called will commence:

42,24 Section 24. 967.04 (7) (b) 10. of the statutes is amended to read:

967.04 (7) (b) 10. Whether the use of a videotaped recorded deposition would reduce the mental or emotional strain of testifying and whether the deposition could be used to reduce the number of times the child will be required to testify.

42,25 Section 25. 967.04 (8) (a) of the statutes is amended to read:

967.04 (8) (a) If the court orders a deposition under sub. (7), the judge shall preside at the taking of the deposition and enforce compliance with the applicable provisions of ss. 885.44 to 885.47. Notwithstanding s. 885.44 (5), counsel may make objections and the judge shall make rulings thereon as at trial. The clerk of court shall keep the certified original videotape recording of a deposition taken under sub. (7) in a secure place. No person may inspect or copy the deposition except by order of the court upon a showing that inspection or copying is required for editing under s. 885.44 (12) or for the investigation, prosecution or defense of the action in which it was authorized or the provision of services to the child.

42,26 Section 26. 967.04 (8) (b) (intro.) of the statutes is amended to read:

967.04 (8) (b) (intro.) If the court orders that a videotape deposition be taken by audiovisual means under sub. (7), the court shall do all of the following:

42,27 Section 27. 967.04 (9) of the statutes is amended to read:

967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may admit into evidence a videotaped recorded deposition taken under subs. (7) and (8) without an additional hearing under s. 908.08. In any proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order that a deposition be taken by audiovisual means and preside at the taking of a the videotaped deposition using the procedure provided in subs. (7) and (8) and may admit the videotaped recorded deposition into evidence without an additional hearing under s. 908.08.

42,28 Section 28. 967.04 (10) of the statutes is amended to read:

967.04 (10) If a court or hearing examiner admits a videotaped recorded deposition into evidence under sub. (9), the child may not be called as a witness at the proceeding in which it was admitted unless the court or hearing examiner so orders upon a showing that additional testimony by the child is required in the interest of fairness for reasons neither known nor with reasonable diligence discoverable at the time of the deposition by the party seeking to call the child. The testimony of a child who is required to testify under this subsection may be taken in accordance with s. 972.11 (2m), if applicable.

42,29 Section 29. 970.03 (14) (b) of the statutes is amended to read:

970.03 (14) (b) At any preliminary examination, the court shall admit videotape an audiovisual recording of a statement under s. 908.08 upon making the findings required under s. 908.08 (3). The child who makes the statement need not be called as a witness and, under the circumstances specified in s. 908.08 (5) (b), may not be compelled to undergo cross-examination.

42,30 Section 30. 971.23 (1) (e) of the statutes is amended to read:

971.23 (1) (e) Any relevant written or recorded statements of a witness named on a list under par. (d), including any videotaped audiovisual recording of an oral statement of a child under s. 908.08, any reports or statements of experts made in connection with the case or, if an expert does not prepare a report or statement, a written summary of the expert's findings or the subject matter of his or her testimony, and the results of any physical or mental examination, scientific test, experiment or comparison that the district attorney intends to offer in evidence at trial.

42,31 Section 31. 973.10 (2g) of the statutes is amended to read:

973.10 (2g) Upon demand prior to a revocation hearing under sub. (2), the district attorney shall disclose to a defendant the existence of any videotaped audiovisual recording of an oral statement of a child under s. 908.08 which is within the possession, custody or control of the state and shall make reasonable arrangements for the defendant and defense counsel to view the videotaped statement. If, subsequent to after compliance with this subsection, the state obtains possession, custody or control of such a videotaped statement, the district attorney shall promptly notify the defendant of that fact and make reasonable arrangements for the defendant and defense counsel to view the videotaped statement.

42,32 Section 32. 973.10 (2m) of the statutes is amended to read:

973.10 (2m) In any administrative hearing under sub. (2), the hearing examiner may order the taking that a deposition be taken by audiovisual means and allow the use of a videotaped recorded deposition under s. 967.04 (7) to (10).