AB199-AA1,1,54
938.295
(4) Telephone or live audiovisual proceeding. Motions or objections
5under this section may be heard under s.
807.13
938.299 (5).
AB199-AA1,2,108
938.299
(5) (a)
On request of any party, unless good cause to the contrary is
9shown, The court may, upon the motion of the juvenile or the prosecutor or upon its
10own motion, conduct any hearing under
s. 938.209 (1) (a) 5. or 938.21 (1) may be held 11this chapter on the record by telephone or live audiovisual means
or testimony may
12be received by telephone or live audiovisual means under s. 807.13 (2). The request
13and the showing of good cause for not conducting the hearing or admitting testimony
1by telephone or live audiovisual means may be made by telephone
, if available. If
2the proceeding is required to be reported under SCR 71.01 (2), the proceeding shall
3be reported by a court reporter who is in simultaneous voice communication with all
4parties to the proceeding. Regardless of the physical location of any party to a
5proceeding conducted by telephone or live audiovisual means, any plea, waiver,
6stipulation, motion, objection, decision, order, or other action taken by the court or
7any party shall have the same effect as if made in open court. Simultaneous access
8to the proceeding shall be provided to persons entitled to attend by means of a
9loudspeaker, live audiovisual means, or, upon request to the court, by allowing a
10person entitled to attend to listen to or view the proceedings without charge.
AB199-AA1,2,1612
938.299
(5) (b) If the juvenile or the prosecutor objects to the use of telephone
13or live audiovisual means for a critical stage of the proceedings, the court shall
14sustain the objection. For all other such objections, the court shall consider the
15factors outlined in s. 885.56 in determining whether to sustain or overrule the
16objection.”.
AB199-AA1,3,16
23“967.08
(1) Unless good cause to the contrary is shown, proceedings referred
24to in this section may be conducted The court may, upon the motion of any party or
1upon its own motion, conduct proceedings referred to in this section by telephone or
2live audiovisual means, if available.
A party may petition the court to conduct a
3proceeding by telephone or live audiovisual means. If the proceeding is required to
4be reported under SCR 71.01 (2), the proceeding shall be reported by a court reporter
5who is in simultaneous voice communication with all parties to the proceeding.
6Regardless of the physical location of any party to
the call a proceeding conducted by
7telephone or live audiovisual means, any plea, waiver, stipulation, motion, objection,
8decision, order or other action taken by the court or any party shall have the same
9effect as if made in open court. With the exceptions of scheduling conferences,
10pretrial conferences, and, during hours the court is not in session, setting, review,
11modification of bail and other conditions of release under ch. 969, the proceeding
12shall be conducted in a courtroom or other place reasonably accessible to the public.
13Simultaneous access to the proceeding shall be provided to persons entitled to attend
14by means of a loudspeaker
, live audiovisual means, or, upon request to the court, by
15making allowing a person
party entitled to attend to
the telephone call listen to or
16view the proceedings without charge.
AB199-AA1,4,43
967.08
(4) If any party objects to the use of telephone or live audiovisual means
4for a critical stage of the proceedings, the court shall sustain the objection.
AB199-AA1,4,86
967.08
(5) For any other objections to the use of telephone or live audiovisual
7means, the court shall consider the factors outlined in s. 885.56 in determining
8whether to sustain or overrule the objection.”.
