AB695-ASA1-AA1,2,2
32. Page 2, line 6: delete the material beginning with "(a)" and ending with
4"972.085" on page 3, line 11, and substitute "
If a A person
complains to a judge that
5he or she who is not a district attorney who has reason to believe that a crime has
6been committed
within his or her jurisdiction, the judge shall examine the
7complainant under oath and any witnesses produced by him or her and may, and at
8the request of the district attorney shall, subpoena and examine other witnesses to
9ascertain whether a crime has been committed and by whom committed
may
10complain only to the director of state courts, who shall, upon receipt of the complaint,
11ask the chief justice to appoint a temporary reserve judge, as defined in s. 753.075
1(1) (b), to determine if the complaint has merit, and if the complaint has merit, the
2temporary reserve judge shall request the district attorney to file a complaint.
AB695-ASA1-AA1,2,17
3(1) (b) The extent to which the judge may proceed in the examination
under par.
4(a) is within the judge's discretion. The examination may be adjourned and may be
5secret. Any witness examined under this section may have counsel present at the
6examination but the counsel shall not be allowed to examine his or her client,
7cross-examine other witnesses or argue before the judge. If it appears probable from
8the testimony given that a crime has been committed and who committed it, the
9complaint may be reduced to writing and signed and verified; and thereupon a
10warrant shall issue for the arrest of the accused. Subject to s. 971.23, if the
11proceeding is secret, the record of the proceeding and the testimony taken shall not
12be open to inspection by anyone except the district attorney unless it is used by the
13prosecution at the preliminary hearing or the trial of the accused and then only to
14the extent that it is so used. A court, on the motion of a district attorney, may compel
15a person to testify or produce evidence under s. 972.08 (1). The person is immune
16from prosecution as provided in s. 972.08 (1), subject to the restrictions under s.
17972.085.".
