Amendment ASA1-SB441

SB441-ASA1,18,11 973.155 (1) (c) The categories in par. (a) include time during which the convicted offender was in the custody of the department of health and family services under ch. 980 only if the offender was confined during that time and the confinement and the offender's conviction resulted from the same course of conduct.

SB441-ASA1, s. 46 Section 46. 978.03 (3) of the statutes is amended to read:

SB441-ASA1,18,18 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be an attorney admitted to practice law in this state and, except as provided in ss. 978.043 (1) and 978.044, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration.

SB441-ASA1, s. 47 Section 47. 978.043 of the statutes is renumbered 978.043 (1) and amended to read.

SB441-ASA1,19,5 978.043 (1) The district attorney of the prosecutorial unit that consists of Brown County and the district attorney of the prosecutorial unit that consists of Milwaukee County shall each assign one assistant district attorney in his or her prosecutorial unit to be a sexually violent person commitment prosecutor. An assistant district attorney assigned under this section subsection to be a sexually violent person commitment prosecutor may engage only in the prosecution of sexually violent person commitment proceedings under ch. 980 and, at the request of the district attorney of the prosecutorial unit, may file and prosecute sexually violent person commitment proceedings under ch. 980 in any prosecutorial unit in this state.

SB441-ASA1, s. 48 Section 48. 978.043 (2) of the statutes is created to read:

SB441-ASA1,19,14 978.043 (2) If an assistant district attorney assigned under sub. (1) prosecutes or assists in the prosecution of a case under ch. 980 in a prosecutorial unit other than his or her own, the prosecutorial unit in which the case is heard shall reimburse the assistant district attorney's own prosecutorial unit for his or her reasonable costs associated with the prosecution, including transportation, lodging, and meals. Unless otherwise agreed upon by the prosecutorial units involved, the court hearing the case shall determine the amount of money to be reimbursed for expert witness fees under this subsection.

SB441-ASA1, s. 49 Section 49. 978.045 (1r) (intro.) of the statutes is amended to read:

SB441-ASA1,19,24 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the record stating the cause therefor for it, may appoint an attorney as a special prosecutor to perform, for the time being, or for the trial of the accused person, the duties of the district attorney. An attorney appointed under this subsection shall have all of the powers of the district attorney. The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury or John Doe proceedings, in proceedings under ch. 980, or in investigations. The judge may appoint an attorney as a special prosecutor if any of the following conditions exists:

SB441-ASA1, s. 50 Section 50. 978.05 (6) (a) of the statutes is amended to read:

SB441-ASA1,20,13 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

SB441-ASA1, s. 51 Section 51. 978.05 (8) (b) of the statutes is amended to read:

SB441-ASA1,20,24 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to ss. 978.043 (1) and 978.044, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys, or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment, and supervision of county employees.

SB441-ASA1, s. 52 Section 52. 978.13 (2) of the statutes is renumbered 978.13 (2) (b).

SB441-ASA1, s. 53 Section 53. 978.13 (2) (a) of the statutes is created to read:

SB441-ASA1,21,5 978.13 (2) (a) In this subsection, "costs related to the operation of the district attorney's office" include costs that a prosecutorial unit must pay under s. 978.043 (2) but do not include costs for which a prosecutorial unit receives reimbursement under s. 978.043 (2).

SB441-ASA1, s. 54 Section 54. 980.01 (1) of the statutes is renumbered 980.01 (1m).

SB441-ASA1, s. 55 Section 55. 980.01 (1g) of the statutes is created to read:

SB441-ASA1,21,9 980.01 (1g) "Act of sexual violence" means conduct that constitutes the commission of a sexually violent offense.

SB441-ASA1, s. 56 Section 56. 980.01 (1m) of the statutes is created to read:

SB441-ASA1,21,11 980.01 (1m) "Likely" means more likely than not.

SB441-ASA1, s. 57 Section 57. 980.01 (5) of the statutes is amended to read:

SB441-ASA1,21,15 980.01 (5) "Sexually motivated" means that one of the purposes for an act is for the actor's sexual arousal or gratification or for the sexual humiliation or degradation of the victim.

SB441-ASA1, s. 58 Section 58. 980.01 (6) (a) of the statutes is amended to read:

SB441-ASA1,21,18 980.01 (6) (a) Any crime specified in s. 940.225 (1) or, (2), or (3), 948.02 (1) or (2), 948.025, 948.06, or 948.07.

SB441-ASA1, s. 59 Section 59. 980.01 (6) (am) of the statutes is created to read:

SB441-ASA1,21,21 980.01 (6) (am) An offense that, prior to June 2, 1994, was a crime under the law of this state and that is comparable to any crime specified in par. (a).

SB441-ASA1, s. 60 Section 60. 980.01 (6) (b) of the statutes is amended to read:

SB441-ASA1,22,2 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19 (4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or, 941.32, 943.10, 943.32, or 948.03 that is determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.

SB441-ASA1, s. 61 Section 61. 980.01 (6) (bm) of the statutes is created to read:

SB441-ASA1,22,6 980.01 (6) (bm) An offense that, prior to June 2, 1994, was a crime under the law of this state, that is comparable to any crime specified in par. (b) and that is determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.

SB441-ASA1, s. 62 Section 62. 980.01 (6) (c) of the statutes is amended to read:

SB441-ASA1,22,9 980.01 (6) (c) Any solicitation, conspiracy, or attempt to commit a crime under par. (a) or, (am), (b), or (bm).

SB441-ASA1, s. 63 Section 63. 980.01 (7) of the statutes is amended to read:

SB441-ASA1,22,17 980.01 (7) "Sexually violent person" means a person who has been convicted of a sexually violent offense, has been adjudicated delinquent for a sexually violent offense, or has been found not guilty of or not responsible for a sexually violent offense by reason of insanity or mental disease, defect, or illness, and who is dangerous because he or she suffers from a mental disorder that makes it substantially probable likely that the person will engage in one or more acts of sexual violence.

SB441-ASA1, s. 64 Section 64. 980.015 (1) of the statutes is renumbered 980.015 (1) (intro.) and amended to read:

SB441-ASA1,22,20 980.015 (1) (intro.) In this section, "agency:

SB441-ASA1,22,22 (a) "Agency with jurisdiction" means the agency with the authority or duty to release or discharge the person.

SB441-ASA1, s. 65 Section 65. 980.015 (1) (b) of the statutes is created to read:

SB441-ASA1,23,5 980.015 (1) (b) "Continuous term of incarceration, any part of which was imposed for a sexually violent offense," includes confinement in a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.

SB441-ASA1, s. 66 Section 66. 980.015 (2) (intro.) of the statutes is amended to read:

SB441-ASA1,23,11 980.015 (2) (intro.) If an agency with jurisdiction has control or custody over a person who may meet the criteria for commitment as a sexually violent person, the agency with jurisdiction shall inform each appropriate district attorney and the department of justice regarding the person as soon as possible beginning 3 months 90 days prior to the applicable date of the following:

SB441-ASA1, s. 67 Section 67. 980.015 (2) (a) of the statutes is amended to read:

SB441-ASA1,23,19 980.015 (2) (a) The anticipated discharge from a sentence, anticipated or release, on parole or, extended supervision, or anticipated release otherwise, from a sentence of imprisonment of a person who has been convicted of or term of confinement in prison that was imposed for a conviction for a sexually violent offense, from a continuous term of incarceration, any part of which was imposed for a sexually violent offense, or from a placement in a Type 1 prison under s. 301.048 (3) (a) 1., any part of which was imposed for a sexually violent offense.

SB441-ASA1, s. 68 Section 68. 980.015 (2) (b) of the statutes is amended to read:

SB441-ASA1,23,25 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a if the person was placed in the facility as a result of being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.

SB441-ASA1, s. 69 Section 69. 980.015 (2) (c) of the statutes is amended to read:

SB441-ASA1,24,5 980.015 (2) (c) The anticipated release on conditional release under s. 971.17 or the anticipated termination of or discharge of a from a commitment order under s. 971.17, if the person who has been found not guilty of a sexually violent offense by reason of mental disease or defect under s. 971.17.

SB441-ASA1, s. 70 Section 70. 980.015 (2) (d) of the statutes is created to read:

SB441-ASA1,24,8 980.015 (2) (d) The anticipated release on parole or discharge of a person committed under ch. 975 for a sexually violent offense.

SB441-ASA1, s. 71 Section 71. 980.015 (4) of the statutes is renumbered 980.14 (2) and amended to read:

SB441-ASA1,24,13 980.14 (2) Any agency or officer, employee, or agent of an agency is immune from criminal or civil liability for any acts or omissions as the result of a good faith effort to comply with any provision of this section chapter.

SB441-ASA1, s. 72 Section 72. 980.02 (1) (a) of the statutes is amended to read:

SB441-ASA1,24,18 980.02 (1) (a) The department of justice at the request of the agency with jurisdiction, as defined in s. 980.015 (1), over the person. If the department of justice decides to file a petition under this paragraph, it shall file the petition before the date of the release or discharge of the person.

SB441-ASA1, s. 73 Section 73. 980.02 (1) (b) 3. of the statutes is created to read:

SB441-ASA1,24,23 980.02 (1) (b) 3. The county in which the person is in custody under a sentence, a placement to a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or a commitment order.

SB441-ASA1, s. 74 Section 74. 980.02 (1m) of the statutes is created to read:

SB441-ASA1,25,2 980.02 (1m) A petition filed under this section shall be filed before the person is released or discharged.

SB441-ASA1, s. 75 Section 75. 980.02 (2) (ag) of the statutes is repealed.

SB441-ASA1, s. 76 Section 76. 980.02 (2) (c) of the statutes is amended to read:

SB441-ASA1,25,7 980.02 (2) (c) The person is dangerous to others because the person's mental disorder creates a substantial probability makes it likely that he or she will engage in acts of sexual violence.

SB441-ASA1, s. 77 Section 77. 980.02 (4) (intro.) of the statutes is amended to read:

SB441-ASA1,25,10 980.02 (4) (intro.) A petition under this section shall be filed in any one of the following:

SB441-ASA1, s. 78 Section 78. 980.02 (6) of the statutes is created to read:

SB441-ASA1,25,14 980.02 (6) A court assigned to exercise jurisdiction under chs. 48 and 938 does not have jurisdiction over a petition filed under this section alleging that a child is a sexually violent person.

SB441-ASA1, s. 79 Section 79. 980.03 (2) (intro.) of the statutes is amended to read:

SB441-ASA1,25,18 980.03 (2) (intro.)  Except as provided in ss. 980.09 (2) (a) 980.038 (2) and 980.10 980.093 and without limitation by enumeration, at any hearing under this chapter, the person who is the subject of the petition has the right to:

SB441-ASA1, s. 80 Section 80. 980.03 (3) of the statutes is amended to read:

SB441-ASA1,26,2 980.03 (3) The person who is the subject of the petition, the person's attorney, the department of justice or the district attorney may request that a trial under s. 980.05 be to a jury of 12. A request for a jury trial shall be made as provided under s. 980.05 (2). Notwithstanding s. 980.05 (2), if the person, the person's attorney, the department of justice or the district attorney does not request a jury trial, the court may on its own motion require that the trial be to a jury of 12. The jury shall be selected as provided under s. 980.05 (2m). A verdict of a jury under this chapter is not valid unless it is unanimous.

SB441-ASA1, s. 81 Section 81. 980.03 (4) of the statutes is renumbered 980.031 (3) and amended to read:

SB441-ASA1,26,17 980.031 (3) Whenever a person who is the subject of a petition filed under s. 980.02 or who has been committed under s. 980.06 is required to submit to an examination of his or her mental condition under this chapter, he or she may retain experts or a licensed physician, licensed psychologist, or other mental health professional persons to perform an examination. If the person is indigent, the court shall, upon the person's request, appoint a qualified and available licensed physician, licensed psychologist, or other mental health professional to perform an examination of the person's mental condition and participate on the person's behalf in a trial or other proceeding under this chapter at which testimony is authorized. Upon the order of the circuit court, the county shall pay, as part of the costs of the action, the costs of a licensed physician, licensed psychologist, or other mental health professional appointed by a court under this subsection to perform an examination and participate in the trial or other proceeding on behalf of an indigent person.

SB441-ASA1,27,8 (4) If the person a party retains a qualified expert or the court appoints a licensed physician, licensed psychologist, or other mental health professional person of his or her own choice to conduct an examination under this chapter of the person's mental condition, the examiner shall have reasonable access to the person for the purpose of the examination, as well as to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient health care records as provided under s. 146.82 (2) (c). If the person is indigent, the court shall, upon the person's request, appoint a qualified and available expert or professional person to perform an examination and participate in the trial or other proceeding on the person's behalf. Upon the order of the circuit court, the county shall pay, as part of the costs of the action, the costs of an expert or professional person appointed by a court under this subsection to perform an examination and participate in the trial or other proceeding on behalf of an indigent person. An expert (cm), past and present juvenile records, as provided under ss. 48.396 (6), 48.78 (2) (e), 938.396 (10), and 938.78 (2) (e), and the person's past and present correctional records, including presentence investigation reports under s. 972.15 (6).

SB441-ASA1,27,17 (5) A licensed physician, licensed psychologist, or other mental health professional person appointed to assist an indigent person who is subject to a petition who is expected to be called as a witness by one of the parties or by the court may not be subject to any order by the court for the sequestration of witnesses at any proceeding under this chapter. No licensed physician, licensed psychologist, or other mental health professional who is expected to be called as a witness by one of the parties or by the court may be permitted to testify at any proceeding under this chapter unless a written report of his or her examination has been submitted to the court and to both parties at least 10 days before the proceeding.

SB441-ASA1, s. 82 Section 82. 980.03 (5) of the statutes is repealed.

SB441-ASA1, s. 83 Section 83. 980.031 (title) of the statutes is created to read:

SB441-ASA1,27,20 980.031 (title) Examinations.

SB441-ASA1, s. 84 Section 84. 980.031 (1) and (2) of the statutes are created to read:

SB441-ASA1,27,25 980.031 (1) If a person who is the subject of a petition filed under s. 980.02 denies the facts alleged in the petition, the court may appoint at least one qualified licensed physician, licensed psychologist, or other mental health professional to conduct an examination of the person's mental condition and testify at trial.

SB441-ASA1,28,5 (2) The state may retain a licensed physician, licensed psychologist, or other mental health professional to examine the mental condition of a person who is the subject of a petition under s. 980.02 or who has been committed under s. 980.06 and to testify at trial or at any other proceeding under this chapter at which testimony is authorized.

SB441-ASA1, s. 85 Section 85. 980.034 of the statutes is created to read:

SB441-ASA1,28,13 980.034 Change of place of trial or jury from another county. (1) The person who is the subject of a petition filed under s. 980.02 or who has been committed under this chapter may move for a change of the place of a jury trial under s. 980.05 on the ground that an impartial trial cannot be had in the county in which the trial is set to be held. The motion shall be made within 20 days after the completion or waiver of the probable cause hearing under s. 980.04 (2), whichever is applicable, except that it may be made after that time for cause.

SB441-ASA1,28,17 (2) The motion shall be in writing and supported by affidavit which shall state evidentiary facts showing the nature of the prejudice alleged. The department of justice or the district attorney, whichever filed the petition under s. 980.02, may file counter-affidavits.

SB441-ASA1,28,23 (3) If the court determines that there exists in the county where the action is pending such prejudice that a fair trial cannot be had, it shall, except as provided in sub. (4), order that the trial be held in any county where an impartial trial can be had. Only one change may be granted under this subsection. The judge who orders the change in the place of trial shall preside at the trial. Preliminary matters prior to trial may be conducted in either county at the discretion of the court.

SB441-ASA1,28,25 (4) (a) Instead of changing the place of trial under sub. (3), the court may require the selection of a jury under par. (b) if all of the following apply:

SB441-ASA1,29,2 1. The court has decided to sequester the jurors after the commencement of the trial.

SB441-ASA1,29,3 2. There are grounds for changing the place of trial under sub. (1).

SB441-ASA1,29,5 3. The estimated costs to the county appear to be less using the procedure under this subsection than using the procedure for holding the trial in another county.

SB441-ASA1,29,10 (b) If the court decides to proceed under this subsection it shall follow the procedure under sub. (3) until the jury is chosen in the 2nd county. At that time, the proceedings shall return to the original county using the jurors selected in the 2nd county. The original county shall reimburse the 2nd county for all applicable costs under s. 814.22.

SB441-ASA1, s. 86 Section 86. 980.036 of the statutes is created to read: