LRB-1649/1
PJH:eev:jm
2013 - 2014 LEGISLATURE
April 15, 2013 - Introduced by Representatives Steineke, Hutton, Jacque, Spiros,
Marklein and Kleefisch. Referred to Committee on Judiciary.
AB153,1,2
1An Act to create 908.045 (3m) of the statutes;
relating to: an exception to the
2hearsay rule of evidence if a witness is unavailable.
Analysis by the Legislative Reference Bureau
Under current law, hearsay evidence (a statement, other than one made by a
person who is testifying in court, that is offered to prove the truth of the matter
asserted) is generally inadmissible in civil and criminal court proceedings. Current
law offers some exceptions to the rule that hearsay is inadmissible if the hearsay was
spoken by a person (declarant) who is unavailable to testify at the proceeding.
Exceptions include including admitting a statement from a declarant who
believed his or her death was imminent, a statement made by a declarant in a prior
court proceeding, and under certain circumstances, a statement a declarant made
that was against his or her own interests. Current law allows a court to admit
hearsay evidence not covered by one of the specific exceptions if the court finds that
the evidence has circumstantial guarantees of trustworthiness.
This bill creates an exception to the hearsay rule to allow a statement made by
a declarant who is unavailable to testify as a witness at a proceeding if the declarant's
statement is made against a party who wrongfully caused the declarant to be
unavailable.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB153,1
1Section
1. 908.045 (3m) of the statutes is created to read:
AB153,2,52
908.045
(3m) Statement offered against a party that wrongfully caused the
3declarant's unavailability. A statement offered against a party that, intentionally,
4wrongfully caused or acquiesced in wrongfully causing the declarant's unavailability
5as a witness.
