SB318-SSA1, s. 29 5Section 29. 801.52 of the statutes is amended to read:
SB318-SSA1,14,9 6801.52 Discretionary change of venue. The court may at any time, upon
7its own motion, the motion of a party or the stipulation of the parties, change the
8venue to any county in the interest of justice or for the convenience of the parties or
9witnesses. This section does not apply to proceedings under ch. 980.
SB318-SSA1, s. 30 10Section 30. 808.04 (3) of the statutes is amended to read:
SB318-SSA1,14,1311 808.04 (3) Except as provided in subs. (4) and (7), an appeal in a criminal case
12or a case under ch. 48, 51, 55 or, 938 , or 980 shall be initiated within the time period
13specified in s. 809.30.
SB318-SSA1, s. 31 14Section 31. 808.04 (4) of the statutes is amended to read:
SB318-SSA1,14,1715 808.04 (4) Except as provided in sub. (7m), an appeal by the state in either a
16criminal case under s. 974.05 or a case under ch. 48 or , 938, or 980 shall be initiated
17within 45 days of entry of the judgment or order appealed from.
SB318-SSA1, s. 32 18Section 32. 808.075 (4) (h) of the statutes is amended to read:
SB318-SSA1,14,2219 808.075 (4) (h) Commitment, supervised release, recommitment, discharge,
20and postcommitment relief under s. 980.10, 2003 stats., or ss. 980.06, 980.08, 980.09,
21980.10
(4), and 980.101 of a person found to be a sexually violent person under ch.
22980.
SB318-SSA1, s. 33 23Section 33. 809.10 (1) (d) of the statutes is amended to read:
SB318-SSA1,15,924 809.10 (1) (d) Docketing statement. The person shall send the court of appeals
25an original and one copy of a completed docketing statement on a form prescribed by

1the court of appeals. The docketing statement shall accompany the court of appeals'
2copy of the notice of appeal. The person shall send a copy of the completed docketing
3statement to the other parties to the appeal. Docketing statements need not be filed
4in appeals brought under s. 809.105, 809.107, 809.32, or 974.06 (7) , in cases under
5ch. 980
, or in cases in which a party represents himself or herself. Docketing
6statements need not be filed in appeals brought under s. 809.30 or 974.05, or by the
7state or defendant in permissive appeals in criminal cases pursuant to s. 809.50,
8except that docketing statements shall be filed in cases arising under chs. 48, 51, 55,
9or 938.
SB318-SSA1, s. 34 10Section 34. 809.30 (1) (c) of the statutes is amended to read:
SB318-SSA1,15,1511 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for
12postconviction relief in a criminal case, other than an appeal, motion, or petition
13under ss. 302.113 (7m), 302.113 (9g), 973.19, 973.195, 974.06, or 974.07 (2). In a ch.
14980 case, the term means an appeal or a motion for postcommitment relief under s.
15980.038 (4).
SB318-SSA1, s. 35 16Section 35. 809.30 (1) (f) of the statutes is amended to read:
SB318-SSA1,15,1917 809.30 (1) (f) "Sentencing" means the imposition of a sentence, a fine, or
18probation in a criminal case. In a ch. 980 case, the term means the entry of an order
19under s. 980.06.
SB318-SSA1, s. 36 20Section 36 . 814.61 (1) (c) 6. of the statutes is created to read:
SB318-SSA1,15,2121 814.61 (1) (c) 6. An action to commit a person under ch. 51, 55, or 980.
SB318-SSA1, s. 37 22Section 37 . 905.04 (4) (a) of the statutes is amended to read:
SB318-SSA1,16,923 905.04 (4) (a) Proceedings for hospitalization, guardianship, protective
24services
, or protective placement or for control, care, or treatment of a sexually violent
25person
. There is no privilege under this rule as to communications and information

1relevant to an issue in proceedings to hospitalize the patient for mental illness, to
2appoint a guardian under s. 880.33, for court-ordered protective services or
3protective placement or, for review of guardianship, protective services, or protective
4placement orders, or for control, care, or treatment of a sexually violent person under
5ch. 980,
if the physician, registered nurse, chiropractor, psychologist, social worker,
6marriage and family therapist, or professional counselor in the course of diagnosis
7or treatment has determined that the patient is in need of hospitalization,
8guardianship, protective services, or protective placement or control, care, and
9treatment as a sexually violent person
.
SB318-SSA1, s. 38 10Section 38. 911.01 (4) (c) of the statutes is amended to read:
SB318-SSA1,16,1711 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
12rendition; sentencing, granting or revoking probation, modification of a bifurcated
13sentence under s. 302.113 (9g), adjustment of a bifurcated sentence under s. 973.195
14(1r), issuance of arrest warrants, criminal summonses and search warrants;
15hearings under s. 980.09 (2); proceedings under s. 971.14 (1) (c); proceedings with
16respect to pretrial release under ch. 969 except where habeas corpus is utilized with
17respect to release on bail or as otherwise provided in ch. 969.
SB318-SSA1, s. 39 18Section 39 . 938.35 (1) (e) of the statutes is created to read:
SB318-SSA1,16,1919 938.35 (1) (e) In a hearing, trial, or other proceeding under ch. 980.
SB318-SSA1, s. 40 20Section 40. 938.396 (1) of the statutes is amended to read:
SB318-SSA1,17,1321 938.396 (1) Law enforcement officers' records of juveniles shall be kept
22separate from records of adults. Law enforcement officers' records of juveniles shall
23not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g),
24(1m), (1r), (1t), (1x) or, (5), or (10) or s. 938.293 or by order of the court. This
25subsection does not apply to representatives of the news media who wish to obtain

1information for the purpose of reporting news without revealing the identity of the
2juvenile involved, to the confidential exchange of information between the police and
3officials of the school attended by the juvenile or other law enforcement or social
4welfare agencies, or to juveniles 10 years of age or older who are subject to the
5jurisdiction of the court of criminal jurisdiction. A public school official who obtains
6information under this subsection shall keep the information confidential as
7required under s. 118.125 and a private school official who obtains information under
8this subsection shall keep the information confidential in the same manner as is
9required of a public school official under s. 118.125. A law enforcement agency that
10obtains information under this subsection shall keep the information confidential as
11required under this subsection and s. 48.396 (1). A social welfare agency that obtains
12information under this subsection shall keep the information confidential as
13required under ss. 48.78 and 938.78.
SB318-SSA1, s. 41 14Section 41 . 938.396 (2) (e) of the statutes is renumbered 938.396 (10) and
15amended to read:
SB318-SSA1,18,716 938.396 (10) Upon request of the department of corrections to review court A
17law enforcement agency's records and
records for the purpose of providing, under s.
18980.015 (3) (a)
of the court assigned to exercise jurisdiction under this chapter and
19ch. 48 shall be open for inspection by authorized representatives of the department
20of corrections, the department of health and family services
, the department of
21justice, or a district attorney with a person's offense history, the court shall open for
22inspection by authorized representatives of the department of corrections the
23records of the court relating to any juvenile who has been adjudicated delinquent for
24a sexually violent offense, as defined in s. 980.01 (6)
for use in the prosecution of any
25proceeding or any evaluation conducted under ch. 980, if the records involve or relate

1to an individual who is the subject of the proceeding or evaluation. The court in
2which the proceeding under ch. 980 is pending may issue any protective orders that
3it determines are appropriate concerning information made available or disclosed
4under this subsection. Any representative of the department of corrections, the
5department of health and family services, the department of justice, or a district
6attorney may disclose information obtained under this subsection for any purpose
7consistent with any proceeding under ch. 980
.
SB318-SSA1, s. 42 8Section 42 . 938.396 (5) (a) (intro.) of the statutes is amended to read:
SB318-SSA1,18,129 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub.
10(1), (1b), (1d), (1g), (1m), (1r) or, (1t), or (10) may petition the court to order the
11disclosure of the records governed by the applicable subsection. The petition shall
12be in writing and shall describe as specifically as possible all of the following:
SB318-SSA1, s. 43 13Section 43 . 938.78 (2) (e) of the statutes is amended to read:
SB318-SSA1,19,314 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing
15Notwithstanding par. (a), an agency shall, upon request, disclose information about
16an individual adjudged delinquent under s. 938.183 or 938.34 for a sexually violent
17offense, as defined in s. 980.01 (6),
to authorized representatives of the department
18of corrections, the department of health and family services,
the department of
19justice, or a district attorney or a judge acting under ch. 980 or to an attorney who
20represents a person subject to a petition
for use in the prosecution of any proceeding
21or any evaluation conducted
under ch. 980, if the information involves or relates to
22an individual who is the subject of the proceeding or evaluation
. The court in which
23the petition proceeding under s. 980.02 is filed ch. 980 is pending may issue any
24protective orders that it determines are appropriate concerning information
25disclosed under this paragraph. Any representative of the department of

1corrections, the department of health and family services, the department of justice,
2or a district attorney may disclose information obtained under this paragraph for any
3purpose consistent with any proceeding under ch. 980.
SB318-SSA1, s. 44 4Section 44. 940.20 (1g) of the statutes is created to read:
SB318-SSA1,19,85 940.20 (1g) Battery by certain committed persons. Any person placed in a
6facility under s. 980.065 and who intentionally causes bodily harm to an officer,
7employee, agent, visitor, or other resident of the facility, without his or her consent,
8is guilty of a Class H felony.
SB318-SSA1, s. 45 9Section 45 . 946.42 (1) (a) of the statutes is amended to read:
SB318-SSA1,20,310 946.42 (1) (a) "Custody" includes without limitation actual custody of an
11institution, including a secured correctional facility, as defined in s. 938.02 (15m), a
12secured child caring institution, as defined in s. 938.02 (15g), a secured group home,
13as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16),
14a Type 2 child caring institution, as defined in s. 938.02 (19r), a facility used for the
15detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065,

16or a juvenile portion of a county jail, or actual custody of a peace officer or institution
17guard. "Custody" also includes the constructive custody of persons placed on
18supervised release under ch. 980
and constructive custody of prisoners and juveniles
19subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4)
20or (5) (e) temporarily outside the institution whether for the purpose of work, school,
21medical care, a leave granted under s. 303.068, a temporary leave or furlough
22granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation,
23that of the sheriff of the county to which the prisoner was transferred after
24conviction. It does not include the custody of a probationer, parolee or person on
25extended supervision by the department of corrections or a probation, extended

1supervision or parole officer or the custody of a person who has been released to
2aftercare supervision under ch. 938 unless the person is in actual custody or is
3subject to a confinement order under s. 973.09 (4).
SB318-SSA1, s. 46 4Section 46 . 946.42 (3m) of the statutes is created to read:
SB318-SSA1,20,65 946.42 (3m) A person who intentionally escapes from custody under any of the
6following circumstances is guilty of a Class F felony:
SB318-SSA1,20,87 (a) While subject to a detention order under s. 980.04 (1) or a custody order
8under s. 980.04 (3).
SB318-SSA1,20,119 (b) While subject to an order issued under s. 980.06 committing the person to
10custody of the department of health and family services, regardless of whether the
11person is placed in institutional care or on supervised release.
SB318-SSA1, s. 47 12Section 47. 950.04 (1v) (xm) of the statutes is amended to read:
SB318-SSA1,20,1513 950.04 (1v) (xm) To have the department of health and family services make
14a reasonable attempt to notify the victim under s. 980.11 regarding supervised
15release under s. 980.08 and discharge under s. 980.09 or 980.10 (4).
SB318-SSA1, s. 48 16Section 48. 967.03 of the statutes is amended to read:
SB318-SSA1,20,19 17967.03 District attorneys. Wherever in chs. 967 to 979 980 powers or duties
18are imposed upon district attorneys, the same powers and duties may be discharged
19by any of their duly qualified deputies or assistants.
SB318-SSA1, s. 49 20Section 49. 972.15 (4) of the statutes is amended to read:
SB318-SSA1,20,2421 972.15 (4) After sentencing, unless otherwise authorized under sub. (5) or (6)
22or ordered by the court, the presentence investigation report shall be confidential
23and shall not be made available to any person except upon specific authorization of
24the court.
SB318-SSA1, s. 50 25Section 50 . 972.15 (6) of the statutes is created to read:
SB318-SSA1,21,4
1972.15 (6) The presentence investigation report and any information contained
2in it or upon which it is based may be used by any of the following persons in any
3evaluation, examination, referral, hearing, trial, postcommitment relief proceeding,
4appeal, or other proceeding under ch. 980:
SB318-SSA1,21,55 (a) The department of corrections.
SB318-SSA1,21,66 (b) The department of health and family services.
SB318-SSA1,21,87 (c) The person who is the subject of the presentence investigation report, his
8or her attorney, or an agent or employee of the attorney.
SB318-SSA1,21,99 (d) The attorney representing the state or an agent or employee of the attorney.
SB318-SSA1,21,1110 (e) A licensed physician, licensed psychologist, or other mental health
11professional who is examining the subject of the presentence investigation report.
SB318-SSA1,21,1212 (f) The court and, if applicable, the jury hearing the case.
SB318-SSA1, s. 51 13Section 51. 978.03 (3) of the statutes, as affected by 2005 Wisconsin Act 25,
14is amended to read:
SB318-SSA1,21,2015 978.03 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be
16an attorney admitted to practice law in this state and, except as provided in s.
17978.043 (1), may perform any duty required by law to be performed by the district
18attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2)
19may appoint such temporary counsel as may be authorized by the department of
20administration.
SB318-SSA1, s. 52 21Section 52. 978.04 of the statutes is amended to read:
SB318-SSA1,22,3 22978.04 Assistants in certain prosecutorial units. The district attorney of
23any prosecutorial unit having a population of less than 100,000 may appoint one or
24more assistant district attorneys as necessary to carry out the duties of his or her
25office and as may be requested by the department of administration authorized in

1accordance with s. 16.505. Any such assistant district attorney must be an attorney
2admitted to practice law in this state and, except as provided in s. 978.043 (1), may
3perform any duty required by law to be performed by the district attorney.
SB318-SSA1, s. 53 4Section 53. 978.043 of the statutes is renumbered 978.043 (1) and amended
5to read.
SB318-SSA1,22,156 978.043 (1) The district attorney of the prosecutorial unit that consists of
7Brown County and the district attorney of the prosecutorial unit that consists of
8Milwaukee County shall each assign one assistant district attorney in his or her
9prosecutorial unit to be a sexually violent person commitment prosecutor. An
10assistant district attorney assigned under this section subsection to be a sexually
11violent person commitment prosecutor may engage only in the prosecution of
12sexually violent person commitment proceedings under ch. 980 and, at the request
13of the district attorney of the prosecutorial unit, may file and prosecute sexually
14violent person commitment proceedings under ch. 980 in any prosecutorial unit in
15this state.
SB318-SSA1, s. 54 16Section 54 . 978.043 (2) of the statutes is created to read:
SB318-SSA1,22,2417 978.043 (2) If an assistant district attorney assigned under sub. (1) prosecutes
18or assists in the prosecution of a case under ch. 980 in a prosecutorial unit other than
19his or her own, the prosecutorial unit in which the case is heard shall reimburse the
20assistant district attorney's own prosecutorial unit for his or her reasonable costs
21associated with the prosecution, including transportation, lodging, and meals.
22Unless otherwise agreed upon by the prosecutorial units involved, the court hearing
23the case shall determine the amount of money to be reimbursed for expert witness
24fees under this subsection.
SB318-SSA1, s. 55 25Section 55. 978.045 (1r) (intro.) of the statutes is amended to read:
SB318-SSA1,23,9
1978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the
2record stating the cause therefor for it, may appoint an attorney as a special
3prosecutor to perform, for the time being, or for the trial of the accused person, the
4duties of the district attorney. An attorney appointed under this subsection shall
5have all of the powers of the district attorney. The judge may appoint an attorney
6as a special prosecutor at the request of a district attorney to assist the district
7attorney in the prosecution of persons charged with a crime, in grand jury or John
8Doe proceedings, in proceedings under ch. 980, or in investigations. The judge may
9appoint an attorney as a special prosecutor if any of the following conditions exists:
SB318-SSA1, s. 56 10Section 56. 978.05 (6) (a) of the statutes is amended to read:
SB318-SSA1,23,2311 978.05 (6) (a) Institute, commence or appear in all civil actions or special
12proceedings under and perform the duties set forth for the district attorney under ch.
13980 and
ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92
14(4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a),
15946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in
16connection with court proceedings in a court assigned to exercise jurisdiction under
17chs. 48 and 938 as the judge may request and perform all appropriate duties and
18appear if the district attorney is designated in specific statutes, including matters
19within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits
20the authority of the county board to designate, under s. 48.09 (5), that the corporation
21counsel provide representation as specified in s. 48.09 (5) or to designate, under s.
2248.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the
23interests of the public under s. 48.14 or 938.14.
SB318-SSA1, s. 57 24Section 57. 978.05 (8) (b) of the statutes, as affected by 2005 Wisconsin Act 25,
25is amended to read:
SB318-SSA1,24,10
1978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to s.
2978.043 (1), make appropriate assignments of the staff throughout the prosecutorial
3unit. The district attorney may request the assistance of district attorneys, deputy
4district attorneys, or assistant district attorneys from other prosecutorial units or
5assistant attorneys general who then may appear and assist in the investigation and
6prosecution of any matter for which a district attorney is responsible under this
7chapter in like manner as assistants in the prosecutorial unit and with the same
8authority as the district attorney in the unit in which the action is brought. Nothing
9in this paragraph limits the authority of counties to regulate the hiring, employment,
10and supervision of county employees.
SB318-SSA1, s. 58 11Section 58. 978.13 (2) of the statutes is renumbered 978.13 (2) (b).
SB318-SSA1, s. 59 12Section 59. 978.13 (2) (a) of the statutes is created to read:
SB318-SSA1,24,1613 978.13 (2) (a) In this subsection, "costs related to the operation of the district
14attorney's office" include costs that a prosecutorial unit must pay under s. 978.043
15(2) but do not include costs for which a prosecutorial unit receives reimbursement
16under s. 978.043 (2).
SB318-SSA1, s. 60 17Section 60. 980.01 (1) of the statutes is renumbered 980.01 (1h).
SB318-SSA1, s. 61 18Section 61 . 980.01 (1b) of the statutes is created to read:
SB318-SSA1,24,2019 980.01 (1b) "Act of sexual violence" means conduct that constitutes the
20commission of a sexually violent offense.
SB318-SSA1, s. 62 21Section 62 . 980.01 (1j) of the statutes is created to read:
SB318-SSA1,25,222 980.01 (1j) "Incarceration" includes confinement in a secured correctional
23facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined
24in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), if the person

1was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats.,
2or under s. 938.183 or 938.34 on the basis of a sexually violent offense.
SB318-SSA1, s. 63 3Section 63. 980.01 (3) of the statutes is created to read:
SB318-SSA1,25,54 980.01 (3) Except in ss. 980.075, 980.09, and 980.095, "petitioner" means the
5agency or person that filed a petition under s. 980.02.
SB318-SSA1, s. 64 6Section 64. 980.01 (5) of the statutes is amended to read:
SB318-SSA1,25,97 980.01 (5) "Sexually motivated" means that one of the purposes for an act is
8for the actor's sexual arousal or gratification or for the sexual humiliation or
9degradation of the victim
.
SB318-SSA1, s. 65 10Section 65 . 980.01 (6) (a) of the statutes is amended to read:
SB318-SSA1,25,1211 980.01 (6) (a) Any crime specified in s. 940.225 (1) or, (2), or (3), 948.02 (1) or
12(2), 948.025, 948.06, or 948.07.
SB318-SSA1, s. 66 13Section 66. 980.01 (6) (am) of the statutes is created to read:
SB318-SSA1,25,1514 980.01 (6) (am) An offense that, prior to June 2, 1994, was a crime under the
15law of this state and that is comparable to any crime specified in par. (a).
SB318-SSA1, s. 67 16Section 67. 980.01 (6) (b) of the statutes is amended to read:
SB318-SSA1,25,2017 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06,
18940.19 (2), (4) or, (5), or (6), 940.195 (4) or (5), 940.30, 940.305, 940.31 or, 941.32,
19943.10, 943.32, or 948.03 that is determined, in a proceeding under s. 980.05 (3) (b),
20to have been sexually motivated.
SB318-SSA1, s. 68 21Section 68 . 980.01 (6) (bm) of the statutes is created to read:
SB318-SSA1,25,2422 980.01 (6) (bm) An offense that, prior to June 2, 1994, was a crime under the
23law of this state, that is comparable to any crime specified in par. (b) and that is
24determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.
SB318-SSA1, s. 69 25Section 69. 980.01 (6) (c) of the statutes is amended to read:
SB318-SSA1,26,2
1980.01 (6) (c) Any solicitation, conspiracy , or attempt to commit a crime under
2par. (a) or, (am), (b), or (bm).
SB318-SSA1, s. 70 3Section 70 . 980.01 (7) of the statutes is amended to read:
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