908.08 Audiovisual recordings of statements of children.
342 words·~2 min read·
/wi/chapter-908/908-08A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
908.08 Audiovisual recordings of statements of children.
(1)In any criminal trial or hearing, juvenile fact-finding hearing under s. 48.31 or 938.31 or revocation hearing under s. 302.113
(am), 302.114
(am), 304.06
(3), or 973.10
(2), the court or hearing examiner may admit into evidence the audiovisual recording of an oral statement of a child who is available to testify, as provided in this section.
(a)Not less than 10 days before the trial or hearing, or such later time as the court or hearing examiner permits upon cause shown, the party offering the statement shall file with the court or hearing officer an offer of proof showing the caption of the case, the name and present age of the child who has given the statement, the date, time and place of the statement and the name and business address of the camera operator. That party shall give notice of the offer of proof to all other parties, including notice of reasonable opportunity for them to view the statement before the hearing under par.
(b).
(b)Before the trial or hearing in which the statement is offered and upon notice to all parties, the court or hearing examiner shall conduct a hearing on the statement’s admissibility. At or before the hearing, the court shall view the statement. At the hearing, the court or hearing examiner shall rule on objections to the statement’s admissibility in whole or in part. If the trial is to be tried by a jury, the court shall enter an order for editing as provided in s. 885.44
(12).
(3)The court or hearing examiner shall admit the recording upon finding all of the following:
(a)That the trial or hearing in which the recording is offered will commence:
1. Before the child’s 12th birthday; or
2. Before the child’s 16th birthday and the interests of justice warrant its admission under sub.
(4).
(b)That the recording is accurate and free from excision, alteration and visual or audio distortion.