Current through Acts 2023-2024, ch. 272
Section 971.108 - Elder person victims and witnesses; duty to preserve testimony(1) In this section, "elder person" means any individual who is 60 years of age or older.(2) In all criminal and delinquency cases and juvenile dispositional hearings involving a crime victim or witness who is an elder person, the district attorney may file a motion to preserve the testimony of the crime victim or witness. If the court finds good cause to do so, the court shall conduct a hearing within 60 days of the date the motion was filed to preserve the testimony of the crime victim or witness. The hearing shall be before the court. The defendant shall be present at the hearing. The crime victim or witness shall be sworn as a witness and shall be subject to cross-examination and rebuttal if not unduly repetitious. The witness may testify in person, or, upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audiovisual means. The hearing shall be recorded, and the recorded testimony of the witness shall be admissible in evidence in any court proceeding in the case.Added by Acts 2023 ch, 231,s 2, eff. 3/29/2024.