SB134,6,1615
908.08
(3) (b) That the videotape
or digitally recorded statement is accurate
16and free from excision, alteration and visual or audio distortion.
SB134, s. 14
17Section
14. 908.08 (4) (intro.) of the statutes is amended to read:
SB134,6,2118
908.08
(4) (intro.) In determining whether the interests of justice warrant the
19admission of a videotape
or digitally recorded statement of a child who is at least 12
20years of age but younger than 16 years of age, among the factors which the court or
21hearing examiner may consider are any of the following:
SB134, s. 15
22Section
15. 908.08 (4) (i) of the statutes is amended to read:
SB134,6,2523
908.08
(4) (i) Whether admission of the videotape
or digitally recorded 24statement would reduce the mental or emotional strain of testifying or reduce the
25number of times the child will be required to testify.
SB134, s. 16
1Section
16. 908.08 (5) (a) of the statutes is amended to read:
SB134,7,82
908.08
(5) (a) If the court or hearing examiner admits a videotape
or digitally
3recorded statement under this section, the party who has offered the statement into
4evidence may nonetheless call the child to testify immediately after the
videotape 5statement is shown to the trier of fact. Except as provided in par. (b), if that party
6does not call the child, the court or hearing examiner, upon request by any other
7party, shall order that the child be produced immediately following the showing of
8the
videotape statement to the trier of fact for cross-examination.
SB134, s. 17
9Section
17. 908.08 (5) (b) of the statutes is amended to read:
SB134,7,1310
908.08
(5) (b) If a videotape
or digitally recorded statement under this section
11is shown at a preliminary examination under s. 970.03 and the party who offers the
12statement does not call the child to testify, the court may not order under par. (a) that
13the child be produced for cross-examination at the preliminary examination.
SB134, s. 18
14Section
18. 908.08 (6) of the statutes is amended to read:
SB134,7,1715
908.08
(6) Videotaped
or digitally recorded oral statements of children under
16this section in the possession, custody or control of the state are discoverable under
17ss. 48.293 (3), 304.06 (3d), 971.23 (1) (e) and 973.10 (2g).
SB134, s. 19
18Section
19. 908.08 (7) of the statutes is amended to read:
SB134,7,2219
908.08
(7) At a trial or hearing under sub. (1), a court or a hearing examiner
20may also admit into evidence a videotape
or digitally recorded oral statement of a
21child that is hearsay and is admissible under this chapter as an exception to the
22hearsay rule.
SB134, s. 20
23Section
20. 938.293 (3) of the statutes is amended to read:
SB134,8,824
938.293
(3) Upon request prior to the fact-finding hearing, the district
25attorney shall disclose to the juvenile, and to the juvenile's counsel or guardian ad
1litem, the existence of any videotaped
or digitally recorded oral statement of a
2juvenile child under s. 908.08 which is within the possession, custody or control of
3the state and shall make reasonable arrangements for the requesting person to view
4the
videotaped oral statement. If,
subsequent to after compliance with this
5subsection, the state obtains possession, custody or control of such a
videotaped 6statement, the district attorney shall promptly notify the requesting person of that
7fact and make reasonable arrangements for the requesting person to view the
8videotaped oral statement.
SB134, s. 21
9Section
21. 938.31 (2) of the statutes is amended to read:
SB134,8,1810
938.31
(2) The hearing shall be to the court. If the hearing involves a child
11victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02
12(5), the court may order the taking and allow the use of a videotaped
or digitally
13recorded deposition under s. 967.04 (7) to (10) and, with the district attorney, shall
14comply with s. 971.105. At the conclusion of the hearing, the court shall make a
15determination of the facts. If the court finds that the juvenile is not within the
16jurisdiction of the court or the court finds that the facts alleged in the petition or
17citation have not been proved, the court shall dismiss the petition or citation with
18prejudice.
SB134, s. 22
19Section
22. 950.055 (2) (b) of the statutes is amended to read:
SB134,8,2420
950.055
(2) (b) Advice to the judge, when appropriate and as a friend of the
21court, regarding the child's ability to understand proceedings and questions. The
22services may include providing assistance in determinations concerning the taking
23of videotaped
or digitally recorded depositions under s. 908.08 or 967.04 (7) and (8)
24and the duty to expedite proceedings under s. 971.105.
SB134, s. 23
25Section
23. 967.04 (7) (a) (intro.) of the statutes is amended to read:
SB134,9,5
1967.04
(7) (a) (intro.) In any criminal prosecution or any proceeding under ch.
248 or 938, any party may move the court to order the taking of a videotaped
or
3digitally recorded deposition of a child who has been or is likely to be called as a
4witness. Upon notice and hearing, the court may issue an order for such a deposition
5if the trial or hearing in which the child may be called will commence:
SB134, s. 24
6Section
24. 967.04 (7) (b) 10. of the statutes is amended to read:
SB134,9,97
967.04
(7) (b) 10. Whether a videotaped
or digitally recorded deposition would
8reduce the mental or emotional strain of testifying and whether the deposition could
9be used to reduce the number of times the child will be required to testify.
SB134, s. 25
10Section
25. 967.04 (8) (a) of the statutes is amended to read:
SB134,9,1911
967.04
(8) (a) If the court orders a deposition under sub. (7), the judge shall
12preside at the taking of the deposition and enforce compliance with the applicable
13provisions of ss. 885.44 to 885.47. Notwithstanding s. 885.44 (5), counsel may make
14objections and the judge shall make rulings thereon as at trial. The clerk of court
15shall keep the certified original videotape
or digitally recorded deposition under sub.
16(7) in a secure place. No person may inspect or copy the deposition except by order
17of the court upon a showing that inspection or copying is required for editing under
18s. 885.44 (12) or for the investigation, prosecution or defense of the action in which
19it was authorized or the provision of services to the child.
SB134, s. 26
20Section
26. 967.04 (8) (b) (intro.) of the statutes is amended to read:
SB134,9,2221
967.04
(8) (b) (intro.) If the court orders a videotape
or digitally recorded 22deposition under sub. (7), the court shall do all of the following:
SB134, s. 27
23Section
27. 967.04 (9) of the statutes is amended to read:
SB134,9,2524
967.04
(9) In any criminal prosecution or juvenile fact-finding hearing under
25s. 48.31 or 938.31, the court may admit into evidence a videotaped
or digitally
1recorded deposition taken under subs. (7) and (8) without an additional hearing
2under s. 908.08. In any proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06
3(3), or 973.10 (2), the hearing examiner may order and preside at the taking of a
4videotaped
or digitally recorded deposition using the procedure provided in subs. (7)
5and (8) and may admit the videotaped
or digitally recorded deposition into evidence
6without an additional hearing under s. 908.08.
SB134, s. 28
7Section
28. 967.04 (10) of the statutes is amended to read:
SB134,10,158
967.04
(10) If a court or hearing examiner admits a videotaped
or digitally
9recorded deposition into evidence under sub. (9), the child may not be called as a
10witness at the proceeding in which it was admitted unless the court or hearing
11examiner so orders upon a showing that additional testimony by the child is required
12in the interest of fairness for reasons neither known nor with reasonable diligence
13discoverable at the time of the deposition by the party seeking to call the child. The
14testimony of a child who is required to testify under this subsection may be taken in
15accordance with s. 972.11 (2m), if applicable.
SB134, s. 29
16Section
29. 970.03 (14) (b) of the statutes is amended to read:
SB134,10,2117
970.03
(14) (b) At any preliminary examination, the court shall admit a
18videotape
or digitally recorded statement under s. 908.08 upon making the findings
19required under s. 908.08 (3). The child who makes the statement need not be called
20as a witness and, under the circumstances specified in s. 908.08 (5) (b), may not be
21compelled to undergo cross-examination.
SB134, s. 30
22Section
30. 971.23 (1) (e) of the statutes is amended to read:
SB134,11,423
971.23
(1) (e) Any relevant written or recorded statements of a witness named
24on a list under par. (d), including any videotaped
or digitally recorded oral statement
25of a child under s. 908.08, any reports or statements of experts made in connection
1with the case or, if an expert does not prepare a report or statement, a written
2summary of the expert's findings or the subject matter of his or her testimony, and
3the results of any physical or mental examination, scientific test, experiment or
4comparison that the district attorney intends to offer in evidence at trial.
SB134, s. 31
5Section
31. 973.10 (2g) of the statutes is amended to read:
SB134,11,146
973.10
(2g) Upon demand prior to a revocation hearing under sub. (2), the
7district attorney shall disclose to a defendant the existence of any videotaped
or
8digitally recorded oral statement of a child under s. 908.08 which is within the
9possession, custody or control of the state and shall make reasonable arrangements
10for the defendant and defense counsel to view the
videotaped statement. If,
11subsequent to after compliance with this subsection, the state obtains possession,
12custody or control of such a
videotaped statement, the district attorney shall
13promptly notify the defendant of that fact and make reasonable arrangements for the
14defendant and defense counsel to view the
videotaped statement.
SB134, s. 32
15Section
32. 973.10 (2m) of the statutes is amended to read:
SB134,11,1816
973.10
(2m) In any administrative hearing under sub. (2), the hearing
17examiner may order the taking and allow the use of a videotaped
or digitally recorded 18deposition under s. 967.04 (7) to (10).