LRBs0024/1
RLR:jld&wlj:pg
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 37
February 18, 2005 - Offered by Representative Gundrum.
AB37-ASA1,1,3
1An Act to create 906.15 (2) (bm) of the statutes;
relating to: an exemption from
2the witness exclusion rule for a law enforcement officer designated by the state
3in criminal and delinquency proceedings.
Analysis by the Legislative Reference Bureau
Under current law, upon the request of a party to a legal proceeding, a judge
must issue an order excluding witnesses from the proceeding so that they cannot
hear each other's testimony. A judge may also independently order witnesses
excluded. However, a witness exclusion order does not apply to: a person who is a
party to the proceeding; a representative of a company or other entity that is a party
to the proceeding; a person whose presence is shown to be essential to the
presentation of a party's cause; or, in criminal or delinquency cases, the victim of the
crime or delinquent act, unless the judge finds that exclusion of the victim is
necessary for a fair trial.
This bill provides that a witness exclusion order does not apply in criminal or
delinquency cases to a law enforcement officer designated by the prosecutor.
However, the court may determine when in the order of witnesses for the prosecution
the officer may testify.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB37-ASA1, s. 1
1Section
1. 906.15 (2) (bm) of the statutes is created to read:
AB37-ASA1,2,52
906.15
(2) (bm) In criminal proceedings or in proceedings under s. 938.12 or
3938.13 (12), one law enforcement officer, as defined in s. 165.85 (2) (c), designated by
4the state. The court may determine when in the order of witnesses for the state the
5law enforcement officer may testify.
AB37-ASA1,2,87
(1) This act first applies to criminal actions or proceedings under section 938.12
8or 938.13 (12) of the statutes commenced on the effective date of this subsection.
