March 25, 2021 - Introduced by Representatives Thiesfeldt, Skowronski, Brooks,
Knodl and Schraa, cosponsored by Senators Jacque, Ballweg and
Felzkowski. Referred to Committee on Criminal Justice and Public Safety.
AB199,1,6 1An Act to repeal 967.08 (2) (a), 967.08 (2) (b), 967.08 (2) (d) and 967.08 (3); to
2amend
938.30 (10), 967.08 (title), 967.08 (1), 967.08 (2) (intro.), 967.08 (2) (c),
3971.04 (1) (intro.) and 972.02 (1); and to create 938.325 and 967.08 (2) (am) of
4the statutes; relating to: conducting juvenile proceedings by telephone or
5audiovisual means and appearance at any criminal proceeding by telephone or
6audiovisual means.
Analysis by the Legislative Reference Bureau
Under current law, a court assigned jurisdiction under the Juvenile Justice
Code may permit any party to participate in a plea hearing by telephone or live
audiovisual means except for a juvenile who intends to admit the facts of a
delinquency petition. This bill eliminates that exception.
The bill also specifies that proceedings under the Juvenile Justice Code may be
conducted by telephone or live audiovisual means unless good cause to the contrary
is shown, and that any action taken by the court or any party in such a proceeding
has the same effect as if made in open court.
Current law provides that only certain criminal proceedings may be conducted
by telephone or live audiovisual means unless good cause to the contrary is shown,
and that any action taken by the court or any party in such a proceeding has the same
effect as if made in open court. This bill specifies that any criminal proceeding or any
hearing on a motion for an extension of time for a trial involving an interstate

detainer may be conducted by telephone or live audiovisual means, unless good cause
to the contrary is shown, and that any action taken by the court or any party in such
a proceeding has the same effect as if made in open court.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB199,1 1Section 1. 938.30 (10) of the statutes is amended to read:
AB199,2,52 938.30 (10) Telephone or live audiovisual participation. The court may
3permit any party to participate in hearings under this section by telephone or live
4audiovisual means except a juvenile who intends to admit the facts of the
5delinquency petition
.
AB199,2 6Section 2. 938.325 of the statutes is created to read:
AB199,2,18 7938.325 Proceedings by telephone or live audiovisual means. Unless
8good cause to the contrary is shown, proceedings referred to under this chapter may
9be conducted by telephone or live audiovisual means if available. If the proceeding
10is required to be reported under SCR 71.01 (2), the proceeding shall be reported by
11a court reporter who is in simultaneous voice communication with all parties to the
12proceeding. Regardless of the physical location of any party to a proceeding
13conducted by telephone or live audiovisual means, any plea, waiver, stipulation,
14motion, objection, decision, order, or other action taken by the court or any party has
15the same effect as if made in open court. Simultaneous access to the proceeding shall
16be provided to persons entitled to attend by means of a loudspeaker or live
17audiovisual feed or, upon request to the court, by allowing persons entitled to attend
18to participate in the telephone call without charge.
AB199,3 19Section 3. 967.08 (title) of the statutes is amended to read:
AB199,3,1
1967.08 (title) Telephone or live audiovisual proceedings.
AB199,4 2Section 4. 967.08 (1) of the statutes is amended to read:
AB199,3,173 967.08 (1) Unless good cause to the contrary is shown, proceedings referred to
4in this section may be conducted by telephone or live audiovisual means, if available.
5If the proceeding is required to be reported under SCR 71.01 (2), the proceeding shall
6be reported by a court reporter who is in simultaneous voice communication with all
7parties to the proceeding. Regardless of the physical location of any party to the call
8a proceeding conducted by telephone or live audiovisual means, any plea, waiver,
9stipulation, motion, objection, decision, order or other action taken by the court or
10any party shall have the same effect as if made in open court. With the exceptions
11of scheduling conferences, pretrial conferences, and, during hours the court is not in
12session, setting, review, modification of bail and other conditions of release under ch.
13969, the proceeding shall be conducted in a courtroom or other place reasonably
14accessible to the public. Simultaneous access to the proceeding shall be provided to
15persons entitled to attend by means of a loudspeaker or live audiovisual means or,
16upon request to the court, by making allowing a person party to participate in the
17telephone call without charge.
AB199,5 18Section 5. 967.08 (2) (intro.) of the statutes is amended to read:
AB199,3,2219 967.08 (2) (intro.) The court may permit the following proceedings to be
20conducted under sub. (1) on the request of either party. The request and the opposing
21party's showing of good cause for not conducting the proceeding under sub. (1) may
22be made by telephone or live audiovisual means.
AB199,6 23Section 6. 967.08 (2) (a) of the statutes is repealed.
AB199,7 24Section 7. 967.08 (2) (am) of the statutes is created to read:
AB199,3,2525 967.08 (2) (am) Any criminal proceeding under chapters 968 to 973.
AB199,8
1Section 8. 967.08 (2) (b) of the statutes is repealed.
AB199,9 2Section 9. 967.08 (2) (c) of the statutes is amended to read:
AB199,4,43 967.08 (2) (c) Motions for extension of time under ss. 970.03 (2), 971.10 or other
4statutes
s. 976.05 (3) (a) or (4) (c).
AB199,10 5Section 10. 967.08 (2) (d) of the statutes is repealed.
AB199,11 6Section 11. 967.08 (3) of the statutes is repealed.
AB199,12 7Section 12. 971.04 (1) (intro.) of the statutes is amended to read:
AB199,4,98 971.04 (1) (intro.) Except as provided in subs. (2) and (3), the defendant shall
9be present personally or by telephone or live audiovisual means:
AB199,13 10Section 13. 972.02 (1) of the statutes is amended to read:
AB199,4,1411 972.02 (1) Except as otherwise provided in this chapter, criminal cases shall
12be tried by a jury selected as prescribed in s. 805.08, unless the defendant waives a
13jury in writing or by statement in open court or under s. 967.08 (2) (b), on the record,
14with the approval of the court and the consent of the state.
AB199,4,1515 (End)
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