AB294,6,1613 908.08 (4) (intro.) In determining whether the interests of justice warrant the
14admission of a videotape or digitally recorded statement of a child who is at least 12
15years of age but younger than 16 years of age, among the factors which the court or
16hearing examiner may consider are any of the following:
AB294, s. 15 17Section 15. 908.08 (4) (i) of the statutes is amended to read:
AB294,6,2018 908.08 (4) (i) Whether admission of the videotape or digitally recorded
19statement would reduce the mental or emotional strain of testifying or reduce the
20number of times the child will be required to testify.
AB294, s. 16 21Section 16. 908.08 (5) (a) of the statutes is amended to read:
AB294,7,322 908.08 (5) (a) If the court or hearing examiner admits a videotape or digitally
23recorded
statement under this section, the party who has offered the statement into
24evidence may nonetheless call the child to testify immediately after the videotape
25statement is shown to the trier of fact. Except as provided in par. (b), if that party

1does not call the child, the court or hearing examiner, upon request by any other
2party, shall order that the child be produced immediately following the showing of
3the videotape statement to the trier of fact for cross-examination.
AB294, s. 17 4Section 17. 908.08 (5) (b) of the statutes is amended to read:
AB294,7,85 908.08 (5) (b) If a videotape or digitally recorded statement under this section
6is shown at a preliminary examination under s. 970.03 and the party who offers the
7statement does not call the child to testify, the court may not order under par. (a) that
8the child be produced for cross-examination at the preliminary examination.
AB294, s. 18 9Section 18. 908.08 (6) of the statutes is amended to read:
AB294,7,1210 908.08 (6) Videotaped or digitally recorded oral statements of children under
11this section in the possession, custody or control of the state are discoverable under
12ss. 48.293 (3), 304.06 (3d), 971.23 (1) (e) and 973.10 (2g).
AB294, s. 19 13Section 19. 908.08 (7) of the statutes is amended to read:
AB294,7,1714 908.08 (7) At a trial or hearing under sub. (1), a court or a hearing examiner
15may also admit into evidence a videotape or digitally recorded oral statement of a
16child that is hearsay and is admissible under this chapter as an exception to the
17hearsay rule.
AB294, s. 20 18Section 20. 938.293 (3) of the statutes is amended to read:
AB294,8,319 938.293 (3) Upon request prior to the fact-finding hearing, the district
20attorney shall disclose to the juvenile, and to the juvenile's counsel or guardian ad
21litem, the existence of any videotaped or digitally recorded oral statement of a
22juvenile child under s. 908.08 which is within the possession, custody or control of
23the state and shall make reasonable arrangements for the requesting person to view
24the videotaped oral statement. If, subsequent to after compliance with this
25subsection, the state obtains possession, custody or control of such a videotaped

1statement, the district attorney shall promptly notify the requesting person of that
2fact and make reasonable arrangements for the requesting person to view the
3videotaped oral statement.
AB294, s. 21 4Section 21. 938.31 (2) of the statutes is amended to read:
AB294,8,135 938.31 (2) The hearing shall be to the court. If the hearing involves a child
6victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02
7(5), the court may order the taking and allow the use of a videotaped or digitally
8recorded
deposition under s. 967.04 (7) to (10) and, with the district attorney, shall
9comply with s. 971.105. At the conclusion of the hearing, the court shall make a
10determination of the facts. If the court finds that the juvenile is not within the
11jurisdiction of the court or the court finds that the facts alleged in the petition or
12citation have not been proved, the court shall dismiss the petition or citation with
13prejudice.
AB294, s. 22 14Section 22. 950.055 (2) (b) of the statutes is amended to read:
AB294,8,1915 950.055 (2) (b) Advice to the judge, when appropriate and as a friend of the
16court, regarding the child's ability to understand proceedings and questions. The
17services may include providing assistance in determinations concerning the taking
18of videotaped or digitally recorded depositions under s. 908.08 or 967.04 (7) and (8)
19and the duty to expedite proceedings under s. 971.105.
AB294, s. 23 20Section 23. 967.04 (7) (a) (intro.) of the statutes is amended to read:
AB294,8,2521 967.04 (7) (a) (intro.) In any criminal prosecution or any proceeding under ch.
2248 or 938, any party may move the court to order the taking of a videotaped or
23digitally recorded
deposition of a child who has been or is likely to be called as a
24witness. Upon notice and hearing, the court may issue an order for such a deposition
25if the trial or hearing in which the child may be called will commence:
AB294, s. 24
1Section 24. 967.04 (7) (b) 10. of the statutes is amended to read:
AB294,9,42 967.04 (7) (b) 10. Whether a videotaped or digitally recorded deposition would
3reduce the mental or emotional strain of testifying and whether the deposition could
4be used to reduce the number of times the child will be required to testify.
AB294, s. 25 5Section 25. 967.04 (8) (a) of the statutes is amended to read:
AB294,9,146 967.04 (8) (a) If the court orders a deposition under sub. (7), the judge shall
7preside at the taking of the deposition and enforce compliance with the applicable
8provisions of ss. 885.44 to 885.47. Notwithstanding s. 885.44 (5), counsel may make
9objections and the judge shall make rulings thereon as at trial. The clerk of court
10shall keep the certified original videotape or digitally recorded deposition under sub.
11(7) in a secure place. No person may inspect or copy the deposition except by order
12of the court upon a showing that inspection or copying is required for editing under
13s. 885.44 (12) or for the investigation, prosecution or defense of the action in which
14it was authorized or the provision of services to the child.
AB294, s. 26 15Section 26. 967.04 (8) (b) (intro.) of the statutes is amended to read:
AB294,9,1716 967.04 (8) (b) (intro.) If the court orders a videotape or digitally recorded
17deposition under sub. (7), the court shall do all of the following:
AB294, s. 27 18Section 27. 967.04 (9) of the statutes is amended to read:
AB294,9,2419 967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under
20s. 48.31 or 938.31, the court may admit into evidence a videotaped or digitally
21recorded
deposition taken under subs. (7) and (8) without an additional hearing
22under s. 908.08. In any proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06
23(3), or 973.10 (2), the hearing examiner may order and preside at the taking of a
24videotaped or digitally recorded deposition using the procedure provided in subs. (7)

1and (8) and may admit the videotaped or digitally recorded deposition into evidence
2without an additional hearing under s. 908.08.
AB294, s. 28 3Section 28. 967.04 (10) of the statutes is amended to read:
AB294,10,114 967.04 (10) If a court or hearing examiner admits a videotaped or digitally
5recorded
deposition into evidence under sub. (9), the child may not be called as a
6witness at the proceeding in which it was admitted unless the court or hearing
7examiner so orders upon a showing that additional testimony by the child is required
8in the interest of fairness for reasons neither known nor with reasonable diligence
9discoverable at the time of the deposition by the party seeking to call the child. The
10testimony of a child who is required to testify under this subsection may be taken in
11accordance with s. 972.11 (2m), if applicable.
AB294, s. 29 12Section 29. 970.03 (14) (b) of the statutes is amended to read:
AB294,10,1713 970.03 (14) (b) At any preliminary examination, the court shall admit a
14videotape or digitally recorded statement under s. 908.08 upon making the findings
15required under s. 908.08 (3). The child who makes the statement need not be called
16as a witness and, under the circumstances specified in s. 908.08 (5) (b), may not be
17compelled to undergo cross-examination.
AB294, s. 30 18Section 30. 971.23 (1) (e) of the statutes is amended to read:
AB294,10,2519 971.23 (1) (e) Any relevant written or recorded statements of a witness named
20on a list under par. (d), including any videotaped or digitally recorded oral statement
21of a child under s. 908.08, any reports or statements of experts made in connection
22with the case or, if an expert does not prepare a report or statement, a written
23summary of the expert's findings or the subject matter of his or her testimony, and
24the results of any physical or mental examination, scientific test, experiment or
25comparison that the district attorney intends to offer in evidence at trial.
AB294, s. 31
1Section 31. 973.10 (2g) of the statutes is amended to read:
AB294,11,102 973.10 (2g) Upon demand prior to a revocation hearing under sub. (2), the
3district attorney shall disclose to a defendant the existence of any videotaped or
4digitally recorded
oral statement of a child under s. 908.08 which is within the
5possession, custody or control of the state and shall make reasonable arrangements
6for the defendant and defense counsel to view the videotaped statement. If,
7subsequent to after compliance with this subsection, the state obtains possession,
8custody or control of such a videotaped statement, the district attorney shall
9promptly notify the defendant of that fact and make reasonable arrangements for the
10defendant and defense counsel to view the videotaped statement.
AB294, s. 32 11Section 32. 973.10 (2m) of the statutes is amended to read:
AB294,11,1412 973.10 (2m) In any administrative hearing under sub. (2), the hearing
13examiner may order the taking and allow the use of a videotaped or digitally recorded
14deposition under s. 967.04 (7) to (10).
AB294, s. 33 15Section 33. Effective date.
AB294,11,1716 (1) This act takes effect on February 1, 2003, or on the day after publication,
17whichever is later.
AB294,11,1818 (End)
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