New law modernizes how courts handle the testimony of minors
MADISON, WI…Bipartisan legislation authored by Senator André Jacque (New Franken) and Representative Ben Franklin (De Pere) to modernize how Wisconsin handles the testimony of minors in a court setting was signed into law today by Governor Tony Evers as Wisconsin Act 246.
In child abuse and similar cases, audiovisual recordings of the statements of minors are often used to capture the victim’s immediate account in a way that reduces additional trauma, and can later be submitted as testimony in court.
Drafted at the request of Brown County District Attorney David Lasee, Act 246 adjusts the age thresholds for the admissibility of recorded audiovisual statements made by children. This bill maintains existing law which allows a child under 12 to record a statement that can later be used in court. It permits the courts, when the interest of justice warrant, to admit statements made before a child’s 18th birth, instead of the current threshold of 16.
“This change reflects the modern understanding of adolescent development while preserving due process and judicial discretion,” said Jacque. “It ensures that reliable evidence is not excluded solely because of an outdated age threshold, and reduces the likelihood victims will be forced to relive traumatic experiences and recall precise details years later.”
Law enforcement and victim rights groups, such as the Wisconsin District Attorneys Association, Wisconsin Coalition Against Sexual Assault, Wisconsin Coalition Against Domestic Violence, Badger State Sheriffs’ Association, and the Wisconsin State Lodge of the Fraternal Order of Police all formally supported the legislation.
Senator André Jacque represents Northeast Wisconsin’s First Senate District, consisting of Door and Kewaunee Counties and portions of Brown, Calumet, Manitowoc, and Outagamie counties.
