AB383: Bill Text

AB383,352,21 (5) Appointing a guardian; ordering treatment. If the court finds that the defendant lacks competency to pursue postconviction relief, the court may do any of following:

AB383,352,23 (a) Appoint a guardian to make decisions that the law requires the defendant to make.

AB383,352,25 (b) Order treatment to restore the defendant to competency to pursue postconviction relief.

AB383,353,4 (6) Raising issues after competency is regained. A defendant who lacks competency to pursue postconviction relief at the time he or she seeks postconviction relief may, after regaining competency, raise any issue at a later proceeding that he or she did not raise earlier because of incompetency.

AB383,1150 Section 1150. Subchapter III (title) of chapter 975 [precedes 975.50] of the statutes is created to read:

AB383,353,7 chapter 975

AB383,353,8 Subchapter III

AB383,353,9 Mental responsibility

AB383,1151 Section 1151. 975.51 (4) (b) of the statutes is created to read:

AB383,353,15 975.51 (4) (b) If a physician, psychologist, or other expert examines the defendant at the request of the state, the examiner may not testify at trial regarding the mental condition of the defendant unless the examiner provides a report of his or her examination of the defendant to the defendant or defendant's attorney at least 15 days before trial.

AB383,1152 Section 1152. 975.51 (5) (b) of the statutes is created to read:

AB383,353,22 975.51 (5) (b) A physician, psychologist, or other expert may not testify regarding the defendant's need for medication or treatment or competence to refuse medication or treatment before a jury that is determining the ability of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct with the requirements of law at the time of the commission of the criminal offense charged.

AB383,1153 Section 1153. 975.52 (1) of the statutes is created to read:

AB383,354,2 975.52 (1) Joined with a plea of guilty or no contest. If a defendant joins a plea of guilty or no contest with a plea of not guilty by reason of mental disease or defect, the court shall first determine whether to accept the plea of guilty or no contest. If the plea is accepted, the court shall proceed under sub. (3).

AB383,1154 Section 1154. 975.52 (4) (title) of the statutes is created to read:

AB383,354,4 975.52 (4) (title) Entering judgment.

AB383,1155 Section 1155. 975.53 (title) of the statutes is created to read:

AB383,354,6 975.53 Notice of restrictions.

AB383,1156 Section 1156. 975.54 (title) of the statutes is created to read:

AB383,354,8 975.54 (title) Sexual assault; supervision, registration, and testing.

AB383,1157 Section 1157. 975.56 (title) of the statutes is created to read:

AB383,354,10 975.56 (title) Precommitment examination.

AB383,1158 Section 1158. 975.57 (2) (e) of the statutes is created to read:

AB383,354,16 975.57 (2) (e) Commitment credit. A person committed under par. (a), (b), or (d) shall be given credit for all days spent in custody in connection with the course of conduct for which the commitment is imposed. The standards in s. 973.155 for determining sentence credit for convicted persons apply to determining commitment credit under this section.

AB383,1159 Section 1159. 975.57 (3) of the statutes is created to read:

AB383,354,21 975.57 (3) Institutionalized care. If the court orders the person institutionalized under this section, the department shall place the person in an institution under s. 51.37 (3) that the department considers appropriate in light of the rehabilitative services required by the person and the protection of public safety.

AB383,1160 Section 1160. 975.57 (4) (title) of the statutes is created to read:

AB383,354,23 975.57 (4) (title) Conditional release.

AB383,1161 Section 1161. 975.57 (4) (b) and (c) of the statutes are created to read:

AB383,355,4 975.57 (4) (b) An order for conditional release places the person in the custody and control of the department. A conditionally released person is subject to the conditions set by the court and to the rules of the department. The court, for cause and by order, may modify the conditions of release.

AB383,355,9 (c) Before a person is conditionally released by the court under this subsection, the court shall notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the court a written statement waiving the right to be notified.

AB383,1162 Section 1162. 975.57 (5) (title) of the statutes is created to read:

AB383,355,11 975.57 (5) (title) Competence to refuse medication.

AB383,1163 Section 1163. 975.59 (5) (title) of the statutes is created to read:

AB383,355,13 975.59 (5) (title) Conditional release.

AB383,1164 Section 1164. 975.59 (5) (b) and (c) of the statutes are created to read:

AB383,355,18 975.59 (5) (b) An order for conditional release places the person in the custody and control of the department. A conditionally released person is subject to the conditions set by the court and to the rules of the department. The court, for cause and by order, may modify the conditions of release.

AB383,355,23 (c) Before a person is conditionally released by the court under this subsection, the court shall notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal police department or county sheriff submits to the court a written statement waiving the right to be notified.

AB383,1165 Section 1165. 975.61 (1) (d) of the statutes is created to read:

AB383,356,2 975.61 (1) (d) The corporation counsel in the municipality and county in which the commitment order was entered.

AB383,1166 Section 1166. 975.62 (title) of the statutes is created to read:

AB383,356,4 975.62 (title) Notice of change in status of committed person.

AB383,1167 Section 1167. 975.62 (1) (d) of the statutes is created to read:

AB383,356,8 975.62 (1) (d) "Victim's representative" means the victim or, if the victim died as a result of the crime, an adult member of the victim's family, or, if the victim is younger than 18 years old, the victim's parent or legal guardian.

AB383,1168 Section 1168. 975.62 (2), (3) and (4) of the statutes are created to read:

AB383,356,13 975.62 (2) If the court conditionally releases a person under s. 975.57 (4) or 975.59, the district attorney who prosecuted the crime for which the person was committed shall notify the department of corrections and make a reasonable attempt to notify the victim's representative of the conditional release.

AB383,356,17 (3) If the court terminates a person's commitment order under s. 975.60 or discharges a person under s. 975.61, the department shall notify the department of corrections and, if the victim's representative has submitted a card under sub. (5), the victim's representative of the termination or discharge.

AB383,356,24 (4) Notice under sub. (2) or (3) shall include the name of the person who is conditionally released or discharged or whose commitment order is terminated and the date of conditional release, termination, or discharge, whichever is applicable. The district attorney or the department, whichever is applicable, shall send the notice, postmarked no later than 7 days after the court orders the conditional release, termination, or discharge, to the department of corrections and to the last-known address of the victim's representative.

AB383,1169 Section 1169. 975.63 (3) of the statutes is created to read:

AB383,357,2 975.63 (3) All hearings under ss. 975.55 to 975.61 shall be before a judge without a jury.

AB383,1170 Section 1170. 977.05 (4) (h) of the statutes is amended to read:

AB383,357,9 977.05 (4) (h) Accept requests for legal services from persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23 and from indigent persons who are entitled to be represented by counsel under s. 967.06 971.013 or who are otherwise so entitled under the constitution or laws of the United States or this state and provide such persons with legal services when, in the discretion of the state public defender, such provision of legal services is appropriate.

AB383,1171 Section 1171. 977.05 (4) (j) of the statutes is amended to read:

AB383,357,17 977.05 (4) (j) Subject to sub. (6) (e) and (f), at the request of any person determined by the state public defender to be indigent or upon referral of any court, prosecute a writ of error, appeal, action or proceeding for habeas corpus or other postconviction or post-commitment remedy on behalf of the person before any court, if the state public defender determines the case should be pursued. The state public defender must pursue the case of any indigent person entitled to counsel under s. 971.17 (7) (b) 1. 975.63 (2) (a) or 980.03 (2) (a).

AB383,1172 Section 1172. 977.05 (6) (b) 2. of the statutes is amended to read:

AB383,357,21 977.05 (6) (b) 2. The judge or circuit court commissioner before whom the proceedings shall be held certifies to the state public defender that the person will not be incarcerated if he or she is found in contempt of court.

AB383,1173 Section 1173. 977.05 (6) (e) (intro.) and 2. of the statutes are amended to read:

AB383,358,2 977.05 (6) (e) (intro.) The state public defender may not provide legal services or assign counsel for a person who files a motion to modify sentence under s. 973.19 974.03 (1) (a), or for a person who appeals, under s. 973.19 (4) 974.03 (1) (d), the denial of a motion to modify sentence filed under s. 973.19 974.03 (1) (a), unless the person does one of the following:

AB383,358,4 2. Files the motion to modify sentence under s. 973.19 974.03 (1) (a) within 20 days after the sentence or order is entered.

AB383,1174 Section 1174. 977.072 (title) of the statutes is created to read:

AB383,358,6 977.072 (title) Transcript or court record; costs.

AB383,1175 Section 1175. 978.045 (1r) (intro.) of the statutes is amended to read:

AB383,358,17 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the record stating the cause 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 proceedings or, in John Doe proceedings under s. 968.26 968.105, 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:

AB383,1176 Section 1176. 978.045 (1r) (i) of the statutes is amended to read:

AB383,358,21 978.045 (1r) (i) A judge determines that a complaint received under s. 968.26 968.105 (2) (am) relates to the conduct of the district attorney to whom the judge otherwise would refer the complaint.

AB383,1177 Section 1177. 978.05 (3) of the statutes is amended to read:

AB383,358,24 978.05 (3) John Doe proceedings. Participate in investigatory proceedings under s. 968.26 968.105.

AB383,1178 Section 1178. 978.05 (4) of the statutes is amended to read:

AB383,359,4 978.05 (4) Grand jury. When requested by a grand jury under s. 968.47 968.225, attend the grand jury for the purpose of examining witnesses in their presence; give the grand jury advice in any legal matter; draw bills of indictment; and issue subpoenas and other processes to compel the attendance of witnesses.

AB383,1179 Section 1179. 978.05 (6) (a) of the statutes is amended to read:

AB383,359,19 978.05 (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 and subch. II of ch. 975, 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 subch. I of ch. 968 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.

AB383,1180 Section 1180. 978.06 (4) of the statutes is amended to read:

AB383,359,25 978.06 (4) No person who acted as district attorney, deputy district attorney or assistant district attorney, or special prosecutor under s. 978.045, for a county at the time of an arrest, examination or indictment of any person charged with a crime in that county may thereafter appear for, or defend that person against the crime charged in the complaint, information or indictment.

AB383,1181 Section 1181. 978.08 (1) (a) and (b) and (2) of the statutes are amended to read:

AB383,360,2 978.08 (1) (a) "Custody" has the meaning given in s. 968.205 968.645 (1) (a).

AB383,360,3 (b) "Discharge date" has the meaning given in s. 968.205 968.645 (1) (b).

AB383,360,12 (2) Except as provided in sub. (3), if physical evidence that is in the possession of a district attorney includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, delinquency adjudication, or commitment under s. 971.17 subch. III of ch. 975 or s. 980.06 and the biological material is from a victim of the offense that was the subject of the criminal investigation or may reasonably be used to incriminate or exculpate any person for the offense, the district attorney shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.

AB383,1182 Section 1182. 979.02 of the statutes is amended to read:

AB383,360,24 979.02 Autopsies. The coroner, medical examiner or district attorney may order the conducting of an autopsy upon the body of a dead person any place within the state in cases where an inquest might be had as provided in s. 979.04 968.015 notwithstanding the fact that no such inquest is ordered or conducted. The autopsy shall be conducted by a licensed physician who has specialized training in pathology. The district attorney may move the circuit court for the county in which the body is buried for an order disinterring the body for purposes of autopsy. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 968.015 exists. This section does not prevent additional autopsies or examinations of the body if there are unanswered pathological questions concerning the death and the causes of death.

AB383,1183 Section 1183. 979.025 (1) of the statutes is amended to read:

AB383,361,9 979.025 (1) Inmate confined to an institution in this state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility located in this state, the coroner or medical examiner of the county where the death occurred shall perform an autopsy on the deceased individual. If the coroner or medical examiner who performs the autopsy determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 968.015 (1), the coroner or medical examiner shall follow the procedures under s. 979.04 968.015 (2).

AB383,1184 Section 1184. 979.025 (2) of the statutes is amended to read:

AB383,361,21 979.025 (2) Inmate confined in an institution in another state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility in another state under a contract under s. 301.07, 301.21, or 302.25, the department shall have an autopsy performed by an appropriate authority in the other state or by the coroner or medical examiner of the county in which the circuit court is located that sentenced the individual to the custody of the department. If the coroner or medical examiner who performs the autopsy in this state determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 968.015 (1), the coroner or medical examiner shall forward the results of the autopsy to the appropriate authority in the other state.

AB383,1185 Section 1185. 979.04 of the statutes is renumbered 968.015 and amended to read:

AB383,362,12 968.015 Inquests: when When inquests may be called. (1) If the district attorney has notice of the death of any person and there is reason to believe from the circumstances surrounding the death that the person was a victim of felony murder, first-degree or 2nd-degree intentional homicide, first-degree or 2nd-degree reckless homicide, homicide by negligent handling of dangerous weapon, explosives, or fire, homicide by negligent operation of vehicle, homicide resulting from negligent control of a vicious animal or, homicide by intoxicated user of a vehicle or firearm may have been committed, or that death may have been due to suicide or the person died under unexplained or suspicious circumstances, the district attorney may order that an inquest be conducted for the purpose of inquiring how the person died. The district attorney shall appear in any such inquest representing the state in presenting all evidence which may be relevant or material to the inquiry of the inquest. The inquest may be held in any county in this state in which venue would lie for the trial of any offense charged as the result of or involving the death.

AB383,362,14 (4) An inquest may only be ordered only by the district attorney acting under this subsection sub. (1) or by the circuit judge under sub. (2).

AB383,362,23 (2) If the coroner or medical examiner has knowledge of the death of any knows that a person has died in the manner or under the circumstances described under in sub. (1), he or she shall immediately notify the district attorney. The notification shall include information concerning the circumstances surrounding the death. The coroner or medical examiner may request the district attorney to order an inquest under sub. (1). If the district attorney refuses to order the inquest, a the coroner or medical examiner may petition the circuit court to order an inquest. The court may issue the order if it finds that the district attorney has abused his or her discretion in not ordering an inquest.

AB383,363,4 (3) Subsequent to receipt of After receiving notice of the death, the district attorney may request the coroner or medical examiner to conduct a preliminary investigation and report back to the district attorney. The district attorney may determine the scope of the preliminary investigation. This subsection does not limit or prevent any other investigation into the death by any law enforcement agency with jurisdiction over the investigation.

AB383,1186 Section 1186. 979.05 (title) of the statutes is repealed.