An audiovisual recording of a child’s statement admitted as evidence, the official text

2025 - 2026 LEGISLATURE
LRB-6094/1
JK:klm

2025 SENATE BILL 884
January 23, 2026 - Introduced by Senators Jacque and Wall, cosponsored by Representatives Franklin, Behnke, Dittrich, Goeben, Knodl, Murphy, O'Connor, Rivera-Wagner and Spaude. Referred to Committee on Judiciary and Public Safety.

An Act to amend 908.08 (3) (a) (intro.), 908.08 (3) (a) 2. and 908.08 (4) (intro.) of the statutes; relating to: an audiovisual recording of a child’s statement admitted as evidence.

Analysis by the Legislative Reference Bureau
Under current law, in any criminal trial or hearing, juvenile fact-finding hearing regarding a child alleged to be in need of protection or services, or a hearing regarding the revocation of probation or parole, a court or hearing examiner may admit into evidence the audiovisual recording of an oral statement of a child who is available to testify. Before admitting the recorded statement as evidence, the court or hearing examiner must conduct a hearing on the statement’s admissibility and rule on any objections to its admissibility.
Under current law, the court or hearing examiner must admit the recorded statement if the trial or hearing in which the statement is offered commences before the child’s 12th birthday or commences before the child’s 16th birthday and the interests of justice warrant its admission; the recording is accurate; the child’s statement was made upon oath or affirmation; the time, content, and circumstances of the statement provide an indication of its trustworthiness; and admission of the statement will not unfairly surprise any party or deprive any party of a fair opportunity to meet allegations made in the statement.
Finally, current law requires the court or hearing examiner to consider a number of factors to determine whether the interests of justice warrant the admission of an audiovisual recording of a statement of a child who is at least 12 years of age but younger than 16 years of age. The factors include the child’s chronological age and level of development, general physical and mental health, and capacity to comprehend the significance of the events being addressed by the court or hearing examiner.
Under this bill, the court or hearing examiner may admit into evidence the audiovisual recording of an oral statement of a child who is available to testify if the recording was made before the child’s 12th birthday or made before the child’s 18th birthday and the interests of justice warrant its admission. The draft also requires the court or hearing examiner to consider the factors under current law to determine whether the interests of justice warrant the admission of the recorded statement of a child who is at least 12 years of age but younger than 18 years of age.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 908.08 (3) (a) (intro.) of the statutes is amended to read:
908.08 (3) (a) (intro.) That the trial or hearing in which the recording is offered will commence recording was made:
Section 2. 908.08 (3) (a) 2. of the statutes is amended to read:
908.08 (3) (a) 2. Before the child’s 16th 18th birthday and the interests of justice warrant its admission under sub. (4).
Section 3. 908.08 (4) (intro.) of the statutes is amended to read:
908.08 (4) (intro.) In determining whether the interests of justice warrant the admission of an audiovisual recording of a statement of a child who is at least 12 years of age but younger than 16 18 years of age, among the factors which the court or hearing examiner may consider are any of the following:
Section 4. Initial applicability.
(1) This act first applies to actions commenced on the effective date of this subsection.
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