LRB-4962/2
RPN:jlg:hmh
1997 - 1998 LEGISLATURE
March 19, 1998 - Introduced by Representatives Meyer, Schneider, Hanson, Ryba,
Gronemus, Springer, Carpenter and Musser, cosponsored by Senator
Wineke. Referred to Committee on Children and Families.
AB939,1,2
1An Act to create 905.055 of the statutes;
relating to: creating a parent-child
2privilege.
Analysis by the Legislative Reference Bureau
Under current law, a person may not refuse to be a witness, disclose any matter,
refuse to produce any object or writing or prevent any other person from doing the
same. Currently, there are exceptions to this general rule, for confidential
communications between a client and his or her lawyer, a medical provider and his
or her patient, a husband and wife and with a member of the clergy. These
confidential communications are "privileged". Current law provides that the person
who made the confidential communication, such as a patient to a doctor, has the right
to prevent the receiver of the confidential communication (in this case, the doctor)
from disclosing the contents of that confidential communication. The current
privileged communications also have exceptions, such as an exception in the medical
provider-client privilege when the medical provider has reasonable grounds to
believe that the abuse or neglect of a child was not caused by an accident.
This bill creates a parent-child privilege. Under this bill, confidential
communications between a parent and a child are privileged and may not be
disclosed to another person without the consent of the parent or child. Either the
parent or the child may claim the privilege under the bill. The bill includes
exceptions to the privilege, providing that no privilege exists if both the parent and
child are parties to the same action, in an action involving the charging of the parent
of a crime against the child or of the child of a crime against the parent in a criminal
action when the parent and child participated in the same crime; or in matters where
the parent or child has acted as an agent of the other and the confidential
communication relates to matters within the scope of the agency.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB939, s. 1
1Section
1. 905.055 of the statutes is created to read:
AB939,2,5
2905.055 Parent-child privilege. (1) Definition. In this section, a
3communication is "confidential" if made privately and not intended for further
4disclosure except to other persons present in furtherance of the purpose of the
5communication.
AB939,2,10
6(2) General rule of privilege. A parent has a privilege to prevent his or her
7child from testifying against the parent as to any confidential communication by the
8parent made to the child. A child has a privilege to prevent his or her parent from
9testifying against the child as to any confidential communication by the child made
10to the parent.
AB939,2,14
11(3) Who may claim the privilege. The parent's privilege may be claimed by the
12parent or by the child on the parent's behalf. The child's privilege may be claimed
13by the child or by the parent on the child's behalf. The authority of the parent or child
14to claim the privilege is presumed in the absence of evidence to the contrary.
AB939,2,15
15(4) Exceptions. There is no privilege under this rule:
AB939,2,1616
(a) If both the parent and child are parties to the action.
AB939,2,2117
(b) In proceedings in which the parent is charged with a crime against the child
18or property of the child, in which the child is charged with a crime against the parent
19or property of the parent or in which the parent or child is charged with a crime
20against the person or property of a 3rd person committed in the course of committing
21a crime against the parent or the child.
AB939,3,2
1(c) If the parent and child are parties to a crime and the communication relates
2directly to the facts or immediate circumstances of that crime.
AB939,3,53
(d) If the parent has acted as the agent of the child or the child has acted as the
4agent of the parent and the confidential communication relates to matters within the
5scope of the agency.
AB939,3,87
(1) This act first applies to confidential communications made between a
8parent and a child on the effective date of this subsection.
