LRBs0136/1
RLR:wlj:ph
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 365
September 30, 2009 - Offered by Representative Staskunas.
AB365-ASA1,1,3
1An Act to create 302.113 (9) (em), 302.114 (9) (dm), 304.06 (3b) and 973.10 (2r)
2of the statutes;
relating to: testimony of a felony victim at a probation, parole,
3or extended supervision revocation hearing.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB365-ASA1, s. 1
4Section
1. 302.113 (9) (em) of the statutes is created to read:
AB365-ASA1,2,55
302.113
(9) (em) 1. If a felony victim who testified at a preliminary hearing
6regarding the felony is subpoenaed to testify at an administrative hearing held
7under par. (am) to determine whether a person on extended supervision violated the
8conditions of extended supervision by committing the felony, the felony victim may
9request that his or her testimony at the administrative hearing be taken outside the
10presence of the person. Following such a request, if the hearing examiner determines
11that there is a substantial likelihood that the felony victim will suffer significant
12psychological or emotional trauma if the felony victim testifies in the presence of the
1person or that there is a substantial likelihood that the felony victim will not be able
2to give effective, truthful testimony in the presence of the person, the hearing
3examiner shall, subject to subd. 2., make arrangements to take the testimony of the
4felony victim outside the presence of the person, with opportunity for the person to
5ask questions of the felony victim.
AB365-ASA1,2,86
2. The hearing examiner shall give the person an opportunity on the record to
7oppose any arrangement to have the felony victim testify outside the presence of the
8person before the testimony is taken.
AB365-ASA1,2,129
3. If, under this paragraph, testimony is taken outside the presence of the
10person, the hearing examiner shall indicate on the record that the testimony of the
11felony victim has been taken outside the presence of the person and the rationale of
12the hearing examiner for ordering the testimony to be taken in this manner.
AB365-ASA1, s. 2
13Section
2. 302.114 (9) (dm) of the statutes is created to read:
AB365-ASA1,3,214
302.114
(9) (dm) 1. If a felony victim who testified at a preliminary hearing
15regarding the felony is subpoenaed to testify at an administrative hearing held
16under par. (am) to determine whether a person on extended supervision violated the
17conditions of extended supervision by committing the felony, the felony victim may
18request that his or her testimony at the administrative hearing be taken outside the
19presence of the person. Following such a request, if the hearing examiner determines
20that there is a substantial likelihood that the felony victim will suffer significant
21psychological or emotional trauma if the felony victim testifies in the presence of the
22person or that there is a substantial likelihood that the felony victim will not be able
23to give effective, truthful testimony in the presence of the person, the hearing
24examiner shall, subject to subd. 2., make arrangements to take the testimony of the
1felony victim outside the presence of the person, with opportunity for the person to
2ask questions of the felony victim.
AB365-ASA1,3,53
2. The hearing examiner shall give the person an opportunity on the record to
4oppose any arrangement to have the felony victim testify outside the presence of the
5person before the testimony is taken.
AB365-ASA1,3,96
3. If, under this paragraph, testimony is taken outside the presence of the
7person, the hearing examiner shall indicate on the record that the testimony of the
8felony victim has been taken outside the presence of the person and the rationale of
9the hearing examiner for ordering the testimony to be taken in this manner.
AB365-ASA1,3,2211
304.06
(3b) (a) If a felony victim who testified at a preliminary hearing
12regarding the felony is subpoenaed to testify at an administrative hearing under sub.
13(3) to determine whether a parolee violated a rule or condition of parole by
14committing the felony, the felony victim may request that his or her testimony at the
15administrative hearing be taken outside the presence of the parolee. Following such
16a request, if the hearing examiner determines that there is a substantial likelihood
17that the felony victim will suffer significant psychological or emotional trauma if the
18felony victim testifies in the presence of the parolee or that there is a substantial
19likelihood that the felony victim will not be able to give effective, truthful testimony
20in the presence of the parolee, the hearing examiner shall, subject to par. (b), make
21arrangements to take the testimony of the felony victim outside the presence of the
22parolee, with opportunity for the parolee to ask questions of the felony victim.
AB365-ASA1,3,2523
(b) The hearing examiner shall give the parolee an opportunity on the record
24to oppose any arrangement to have the felony victim testify outside the presence of
25the parolee before the testimony is taken.
AB365-ASA1,4,4
1(c) If, under this subsection, testimony is taken outside the presence of the
2parolee, the hearing examiner shall indicate on the record that the testimony of the
3felony victim has been taken outside the presence of the parolee and the rationale
4of the hearing examiner for ordering the testimony to be taken in this manner.
AB365-ASA1,4,186
973.10
(2r) (a) If a felony victim who testified at a preliminary hearing
7regarding the felony is subpoenaed to testify at an administrative hearing under sub.
8(2) to determine whether a probationer violated the conditions of his or her probation
9by committing the felony, the felony victim may request that his or her testimony at
10the administrative hearing be taken outside the presence of the probationer.
11Following such a request, if the hearing examiner determines that there is a
12substantial likelihood that the felony victim will suffer significant psychological or
13emotional trauma if the felony victim testifies in the presence of the probationer or
14that there is a substantial likelihood that the felony victim will not be able to give
15effective, truthful testimony in the presence of the probationer, the hearing examiner
16shall, subject to par. (b), make arrangements to take the testimony of the felony
17victim outside the presence of the probationer, with opportunity for the probationer
18to ask questions of the felony victim.
AB365-ASA1,4,2119
(b) The hearing examiner shall give the probationer an opportunity on the
20record to oppose any arrangement to have the felony victim testify outside the
21presence of the probationer before the testimony is taken.
AB365-ASA1,5,222
(c) If, under this subsection, testimony is taken outside the presence of the
23parolee, the hearing examiner shall indicate on the record that the testimony of the
24felony victim has been taken outside the presence of the probationer and the
1rationale of the hearing examiner for ordering the testimony to be taken in this
2manner.
AB365-ASA1,5,54
(1) This act first applies to administrative hearings that are held on the
5effective date of this subsection.
