LRB-2255/1
RLR:jld:rs
2009 - 2010 LEGISLATURE
August 6, 2009 - Introduced by Representatives Barca, Hixson, Turner, Seidel,
Hraychuck, A. Williams, Gundrum, Berceau, Kleefisch, Wood, M. Williams,
Gunderson and Petrowski, cosponsored by Senators Plale, Wirch, Hansen,
Lassa and A. Lasee. Referred to Committee on Criminal Justice.
AB365,1,3
1An Act to create 302.113 (9) (em), 302.114 (9) (dm), 304.06 (3b) and 973.10 (2r)
2of the statutes;
relating to: admitting prior testimony of a felony victim at a
3probation, parole, or extended supervision revocation hearing.
Analysis by the Legislative Reference Bureau
Under current law, a person is entitled to an administrative hearing on whether
the person's probation, parole, or extended supervision may be revoked. The person
has a right to due process with respect to the revocation hearing, but the rules of
evidence that apply to court proceedings do not necessarily apply to revocation
hearings.
Also under current law, a person who has been charged with committing a
felony is entitled to a preliminary examination at which the court must determine
whether there is probable cause to believe that the defendant committed the felony.
Witness testimony may be taken at both revocation hearings and preliminary
examinations.
This bill provides that, if the Department of Corrections initiates proceedings
to revoke a person's probation, parole, or extended supervision because the person
has committed a new felony, the felony victim's testimony from the preliminary
examination regarding the felony is admissible at the hearing on revocation of
probation, parole, or extended supervision. The bill further provides that, if the
victim testified at a preliminary examination regarding the felony and if a record of
the testimony is available, a party to the revocation hearing may not subpoena the
victim to appear at the revocation hearing unless that party shows good cause for
requiring the victim's appearance.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB365, s. 1
1Section
1. 302.113 (9) (em) of the statutes is created to read:
AB365,2,82
302.113
(9) (em) A felony victim's testimony from a preliminary examination
3regarding the felony is admissible in any administrative hearing held under par.
4(am) to determine whether a person on extended supervision violated the conditions
5of extended supervision by committing the felony. If such testimony is available, a
6party to the administrative hearing may not subpoena the victim to appear at the
7administrative hearing unless the party shows good cause for requiring the victim's
8appearance.
AB365, s. 2
9Section
2. 302.114 (9) (dm) of the statutes is created to read:
AB365,2,1610
302.114
(9) (dm) A felony victim's testimony from a preliminary examination
11regarding the felony is admissible in any administrative hearing held under par.
12(am) to determine whether a person on extended supervision violated the conditions
13of extended supervision by committing the felony. If such testimony is available, a
14party to the administrative hearing may not subpoena the victim to appear at the
15administrative hearing unless the party shows good cause for requiring the victim's
16appearance.
AB365, s. 3
17Section
3. 304.06 (3b) of the statutes is created to read:
AB365,3,218
304.06
(3b) A felony victim's testimony from a preliminary examination
19regarding the felony is admissible in an administrative hearing under sub. (3) to
20determine whether a parolee violated a rule or condition of parole by committing the
21felony. If such testimony is available, a party to the administrative hearing may not
1subpoena the victim to appear at the administrative hearing unless the party shows
2good cause for requiring the victim's appearance.
AB365, s. 4
3Section
4. 973.10 (2r) of the statutes is created to read:
AB365,3,94
973.10
(2r) A felony victim's testimony from a preliminary examination
5regarding the felony is admissible in an administrative hearing under sub. (2) to
6determine whether a probationer violated the conditions of his or her probation by
7committing the felony. If such testimony is available, a party to the administrative
8hearing may not subpoena the victim to appear at the administrative hearing unless
9the party shows good cause for requiring the victim's appearance.
AB365,3,1211
(1) This act first applies to administrative hearings that are held on the
12effective date of this subsection.
