AB354,122,2520
You do solemnly swear (affirm) that you will diligently inquire and determine
21on behalf of this state when, and in what manner and by what means, the person
22known as .... .... who is now dead came to his or her death and that you will return
23a true verdict thereon according to your knowledge, according to the evidence
24presented and according to the instructions given to you by the .... (judge) (
circuit 25court commissioner).
AB354, s. 355
1Section
355. 979.05 (5) of the statutes is amended to read:
AB354,123,82
979.05
(5) Prior to the submission of evidence to the jury, the judge or
circuit 3court commissioner may instruct the jury on its duties and on the substantive law
4regarding the issues which may be inquired into before the jury. The district attorney
5may, at any time during the course of the inquest, make statements to the jury
6relating to procedural or evidentiary matters he or she and the judge or
circuit court
7commissioner deem appropriate. Section 972.12 applies to the conduct of the inquest
8jury.
AB354, s. 356
9Section
356. 979.05 (6) of the statutes is amended to read:
AB354,123,1110
979.05
(6) The judge or
circuit court commissioner conducting the inquest may
11order that proceedings be secret if the district attorney so requests or concurs.
AB354, s. 357
12Section
357. 979.06 (1) of the statutes is amended to read:
AB354,123,1813
979.06
(1) The judge or
circuit court commissioner may issue subpoenas for
14witnesses at the request of the coroner or medical examiner and shall issue
15subpoenas for witnesses requested by the district attorney. Subpoenas are
16returnable at the time and place stated therein. Persons who are served with a
17subpoena may be compelled to attend proceedings in the manner provided in s.
18885.12.
AB354, s. 358
19Section
358. 979.06 (2) of the statutes is amended to read:
AB354,124,220
979.06
(2) The judge or
circuit court commissioner conducting the inquest and
21the district attorney may require by subpoena the attendance of one or more expert
22witnesses, including physicians, surgeons and pathologists, for the purposes of
23conducting an examination of the body and all relevant and material scientific and
24medical tests connected with the examination and testifying as to the results of the
25examination and tests. The expert witnesses so subpoenaed shall receive reasonable
1fees determined by the district attorney and the judge or
circuit court commissioner
2conducting the inquest.
AB354, s. 359
3Section
359. 979.06 (3) of the statutes is amended to read:
AB354,124,74
979.06
(3) Any witness examined at an inquest may have counsel present
5during the examination of that witness. The counsel may not examine or
6cross-examine his or her client, cross-examine or call other witnesses or argue
7before the judge or
circuit court commissioner holding the inquest.
AB354, s. 360
8Section
360. 979.06 (4) (intro.) of the statutes is amended to read:
AB354,124,119
979.06
(4) (intro.) The judge or
circuit court commissioner shall administer an
10oath or affirmation to each witness which shall be substantially in the following
11form:
AB354, s. 361
12Section
361. 979.06 (5) of the statutes is amended to read:
AB354,124,1813
979.06
(5) The judge or
circuit court commissioner conducting the inquest shall
14cause the testimony given by all witnesses to be reduced to writing or recorded and
15may employ stenographers to take and transcribe all of the testimony. The
16stenographer shall receive reimbursement at a reasonable rate for each appearance
17and transcription at rates in accordance with the customary charges in the area for
18similar services.
AB354, s. 362
19Section
362. 979.08 (1) of the statutes is amended to read:
AB354,125,320
979.08
(1) When the evidence is concluded and the testimony closed, the judge
21or
circuit court commissioner shall instruct the jury on its duties and on the
22substantive law regarding the issues inquired into before the jury. The district
23attorney shall prepare a written set of appropriate requested instructions and shall
24submit them to the judge or
circuit court commissioner who, together with the
25district attorney, shall compile the final set of instructions which shall be given. The
1instructions shall include those criminal offenses for which the judge or
circuit court
2commissioner believes a reasonable jury might return a verdict based upon a finding
3of probable cause.
AB354, s. 363
4Section
363. 979.08 (3) (intro.) of the statutes is amended to read:
AB354,125,105
979.08
(3) (intro.) The jury shall retire to consider its verdict after hearing all
6of the testimony and evidence, making all necessary inquiries and having been
7instructed in the law. The judge or
circuit court commissioner shall provide the jury
8with one complete set of written instructions providing the substantive law to be
9applied to the issues to be decided. The verdict shall be in a form which permits the
10following findings:
AB354, s. 364
11Section
364. 979.08 (6) of the statutes is amended to read:
AB354,125,1612
979.08
(6) Any verdict so rendered, after being validated and signed by the
13judge or
circuit court commissioner, together with the record of the inquest, shall be
14delivered to the district attorney for consideration. After considering the verdict and
15record, the district attorney may deliver the entire inquest record or any part thereof
16to the coroner or medical examiner for safekeeping.
AB354, s. 365
17Section
365. 979.08 (7) of the statutes is amended to read:
AB354,125,2018
979.08
(7) The record of a secret inquest proceeding shall not be open for
19inspection unless so ordered by the judge or
circuit court commissioner conducting
20the inquest upon petition by the district attorney.
AB354, s. 366
21Section
366. 979.09 of the statutes is amended to read:
AB354,126,5
22979.09 Burial of body. If any judge or
circuit court commissioner conducts
23an inquest as to the death of a stranger or of a person whose identity is unknown or
24whose body is unclaimed or if the district attorney determines that no inquest into
25the death of such a person is necessary and the circuit judge has not ordered an
1inquest under s. 979.04 (2), the coroner or medical examiner shall cause the body to
2be decently buried or cremated and shall certify to all the charges incurred in taking
3any inquest by him or her and to the expenses of burial or cremation of the dead body.
4The charges and expenses shall be audited by the county board of the proper county
5and paid out of the county treasury.
AB354,126,87
(1) This act first applies to actions commenced on the effective date of this
8subsection.
AB354,126,1110
(1)
This act takes effect on the first day of the 2nd month beginning after
11publication.