AB383,1154
3Section
1154. 975.52 (4) (title) of the statutes is created to read:
AB383,354,44
975.52
(4) (title)
Entering judgment.
AB383,1155
5Section
1155. 975.53 (title) of the statutes is created to read:
AB383,354,6
6975.53 Notice of restrictions.
AB383,1156
7Section
1156. 975.54 (title) of the statutes is created to read:
AB383,354,8
8975.54 (title)
Sexual assault; supervision, registration, and testing.
AB383,1157
9Section
1157. 975.56 (title) of the statutes is created to read:
AB383,354,10
10975.56 (title)
Precommitment examination.
AB383,1158
11Section
1158. 975.57 (2) (e) of the statutes is created to read:
AB383,354,1612
975.57
(2) (e)
Commitment credit. A person committed under par. (a), (b), or
13(d) shall be given credit for all days spent in custody in connection with the course
14of conduct for which the commitment is imposed. The standards in s. 973.155 for
15determining sentence credit for convicted persons apply to determining commitment
16credit under this section.
AB383,1159
17Section
1159. 975.57 (3) of the statutes is created to read:
AB383,354,2118
975.57
(3) Institutionalized care. If the court orders the person
19institutionalized under this section, the department shall place the person in an
20institution under s. 51.37 (3) that the department considers appropriate in light of
21the rehabilitative services required by the person and the protection of public safety.
AB383,1160
22Section
1160. 975.57 (4) (title) of the statutes is created to read:
AB383,354,2323
975.57
(4) (title)
Conditional release.
AB383,1161
24Section
1161. 975.57 (4) (b) and (c) of the statutes are created to read:
AB383,355,4
1975.57
(4) (b) An order for conditional release places the person in the custody
2and control of the department. A conditionally released person is subject to the
3conditions set by the court and to the rules of the department. The court, for cause
4and by order, may modify the conditions of release.
AB383,355,95
(c) Before a person is conditionally released by the court under this subsection,
6the court shall notify the municipal police department and county sheriff for the area
7where the person will be residing. The notification requirement does not apply if a
8municipal department or county sheriff submits to the court a written statement
9waiving the right to be notified.
AB383,1162
10Section
1162. 975.57 (5) (title) of the statutes is created to read:
AB383,355,1111
975.57
(5) (title)
Competence to refuse medication.
AB383,1163
12Section
1163. 975.59 (5) (title) of the statutes is created to read:
AB383,355,1313
975.59
(5) (title)
Conditional release.
AB383,1164
14Section
1164. 975.59 (5) (b) and (c) of the statutes are created to read:
AB383,355,1815
975.59
(5) (b) An order for conditional release places the person in the custody
16and control of the department. A conditionally released person is subject to the
17conditions set by the court and to the rules of the department. The court, for cause
18and by order, may modify the conditions of release.
AB383,355,2319
(c) Before a person is conditionally released by the court under this subsection,
20the court shall notify the municipal police department and county sheriff for the area
21where the person will be residing. The notification requirement does not apply if a
22municipal police department or county sheriff submits to the court a written
23statement waiving the right to be notified.
AB383,1165
24Section
1165. 975.61 (1) (d) of the statutes is created to read:
AB383,356,2
1975.61
(1) (d) The corporation counsel in the municipality and county in which
2the commitment order was entered.
AB383,1166
3Section
1166. 975.62 (title) of the statutes is created to read:
AB383,356,4
4975.62 (title)
Notice of change in status of committed person.
AB383,1167
5Section
1167. 975.62 (1) (d) of the statutes is created to read:
AB383,356,86
975.62
(1) (d) "Victim's representative" means the victim or, if the victim died
7as a result of the crime, an adult member of the victim's family, or, if the victim is
8younger than 18 years old, the victim's parent or legal guardian.
AB383,1168
9Section
1168. 975.62 (2), (3) and (4) of the statutes are created to read:
AB383,356,1310
975.62
(2) If the court conditionally releases a person under s. 975.57 (4) or
11975.59, the district attorney who prosecuted the crime for which the person was
12committed shall notify the department of corrections and make a reasonable attempt
13to notify the victim's representative of the conditional release.
AB383,356,17
14(3) If the court terminates a person's commitment order under s. 975.60 or
15discharges a person under s. 975.61, the department shall notify the department of
16corrections and, if the victim's representative has submitted a card under sub. (5),
17the victim's representative of the termination or discharge.
AB383,356,24
18(4) Notice under sub. (2) or (3) shall include the name of the person who is
19conditionally released or discharged or whose commitment order is terminated and
20the date of conditional release, termination, or discharge, whichever is applicable.
21The district attorney or the department, whichever is applicable, shall send the
22notice, postmarked no later than 7 days after the court orders the conditional release,
23termination, or discharge, to the department of corrections and to the last-known
24address of the victim's representative.
AB383,1169
25Section
1169. 975.63 (3) of the statutes is created to read:
AB383,357,2
1975.63
(3) All hearings under ss. 975.55 to 975.61 shall be before a judge
2without a jury.
AB383,1170
3Section
1170. 977.05 (4) (h) of the statutes is amended to read:
AB383,357,94
977.05
(4) (h) Accept requests for legal services from persons who are entitled
5to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23 and from
6indigent persons who are entitled to be represented by counsel under s.
967.06 7971.013 or who are otherwise so entitled under the constitution or laws of the United
8States or this state and provide such persons with legal services when, in the
9discretion of the state public defender, such provision of legal services is appropriate.
AB383,1171
10Section
1171. 977.05 (4) (j) of the statutes is amended to read:
AB383,357,1711
977.05
(4) (j) Subject to sub. (6) (e) and (f), at the request of any person
12determined by the state public defender to be indigent or upon referral of any court,
13prosecute a writ of error, appeal, action or proceeding for habeas corpus or other
14postconviction or post-commitment remedy on behalf of the person before any court,
15if the state public defender determines the case should be pursued. The state public
16defender must pursue the case of any indigent person entitled to counsel under s.
17971.17 (7) (b) 1. 975.63 (2) (a) or 980.03 (2) (a).
AB383,1172
18Section
1172. 977.05 (6) (b) 2. of the statutes is amended to read:
AB383,357,2119
977.05
(6) (b) 2. The judge
or circuit court commissioner before whom the
20proceedings shall be held certifies to the state public defender that the person will
21not be incarcerated if he or she is found in contempt of court.
AB383,1173
22Section
1173. 977.05 (6) (e) (intro.) and 2. of the statutes are amended to read:
AB383,358,223
977.05
(6) (e) (intro.) The state public defender may not provide legal services
24or assign counsel for a person who files a motion to modify sentence under s.
973.19
25974.03 (1) (a), or for a person who appeals, under s.
973.19 (4) 974.03 (1) (d), the denial
1of a motion to modify sentence filed under s.
973.19 974.03 (1) (a), unless the person
2does one of the following:
AB383,358,43
2. Files the motion to modify sentence under s.
973.19 974.03 (1) (a) within 20
4days after the sentence or order is entered.
AB383,1174
5Section
1174. 977.072 (title) of the statutes is created to read:
AB383,358,6
6977.072 (title)
Transcript or court record; costs.
AB383,1175
7Section
1175. 978.045 (1r) (intro.) of the statutes is amended to read:
AB383,358,178
978.045
(1r) (intro.) Any judge of a court of record, by an order entered in the
9record stating the cause for it, may appoint an attorney as a special prosecutor to
10perform, for the time being, or for the trial of the accused person, the duties of the
11district attorney. An attorney appointed under this subsection shall have all of the
12powers of the district attorney. The judge may appoint an attorney as a special
13prosecutor at the request of a district attorney to assist the district attorney in the
14prosecution of persons charged with a crime, in grand jury proceedings
or, in John
15Doe proceedings under s.
968.26 968.105, in proceedings under ch. 980, or in
16investigations. The judge may appoint an attorney as a special prosecutor if any of
17the following conditions exists:
AB383,1176
18Section
1176. 978.045 (1r) (i) of the statutes is amended to read:
AB383,358,2119
978.045
(1r) (i) A judge determines that a complaint received under s.
968.26 20968.105 (2) (am) relates to the conduct of the district attorney to whom the judge
21otherwise would refer the complaint.
AB383,1177
22Section
1177. 978.05 (3) of the statutes is amended to read:
AB383,358,2423
978.05
(3) John Doe proceedings. Participate in investigatory proceedings
24under s.
968.26 968.105.
AB383,1178
25Section
1178. 978.05 (4) of the statutes is amended to read:
AB383,359,4
1978.05
(4) Grand jury. When requested by a grand jury under s.
968.47 2968.225, attend the grand jury for the purpose of examining witnesses in their
3presence; give the grand jury advice in any legal matter; draw bills of indictment; and
4issue subpoenas and other processes to compel the attendance of witnesses.
AB383,1179
5Section
1179. 978.05 (6) (a) of the statutes is amended to read:
AB383,359,196
978.05
(6) (a) Institute, commence
, or appear in all civil actions or special
7proceedings under and perform the duties set forth for the district attorney under ch.
8980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92
9(4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a),
10946.86, 946.87, 961.55 (5),
971.14 and 973.075 to 973.077
and subch. II of ch. 975,
11perform any duties in connection with court proceedings in a court assigned to
12exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all
13appropriate duties and appear if the district attorney is designated in specific
14statutes, including matters within chs. 782, 976 and 979
and subch. I of ch. 968 and
15ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board
16to designate, under s. 48.09 (5), that the corporation counsel provide representation
17as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district
18attorney as an appropriate person to represent the interests of the public under s.
1948.14 or 938.14.
AB383,1180
20Section
1180. 978.06 (4) of the statutes is amended to read:
AB383,359,2521
978.06
(4) No person who acted as district attorney, deputy district attorney
22or assistant district attorney, or special prosecutor under s. 978.045, for a county at
23the time of an arrest, examination or indictment of any person charged with a crime
24in that county may thereafter appear for, or defend that person against the crime
25charged in the complaint
, information or indictment.
AB383,1181
1Section
1181. 978.08 (1) (a) and (b) and (2) of the statutes are amended to read:
AB383,360,22
978.08
(1) (a) "Custody" has the meaning given in s.
968.205 968.645 (1) (a).
AB383,360,33
(b) "Discharge date" has the meaning given in s.
968.205 968.645 (1) (b).
AB383,360,12
4(2) Except as provided in sub. (3), if physical evidence that is in the possession
5of a district attorney includes any biological material that was collected in connection
6with a criminal investigation that resulted in a criminal conviction, delinquency
7adjudication, or commitment under
s. 971.17 subch. III of ch. 975 or
s. 980.06
and the
8biological material is from a victim of the offense that was the subject of the criminal
9investigation or may reasonably be used to incriminate or exculpate any person for
10the offense, the district attorney shall preserve the physical evidence until every
11person in custody as a result of the conviction, adjudication, or commitment has
12reached his or her discharge date.
AB383,1182
13Section
1182. 979.02 of the statutes is amended to read:
AB383,360,24
14979.02 Autopsies. The coroner, medical examiner or district attorney may
15order the conducting of an autopsy upon the body of a dead person any place within
16the state in cases where an inquest might be had as provided in s.
979.04 968.015 17notwithstanding the fact that no such inquest is ordered or conducted. The autopsy
18shall be conducted by a licensed physician who has specialized training in pathology.
19The district attorney may move the
circuit court for the county in which the body is
20buried for an order disinterring the body for purposes of autopsy. The order shall be
21granted by the
circuit court upon a reasonable showing that any of the criteria
22specified in s.
979.04 968.015 exists. This section does not prevent additional
23autopsies or examinations of the body if there are unanswered pathological
24questions concerning the death and the causes of death.
AB383,1183
25Section
1183. 979.025 (1) of the statutes is amended to read:
AB383,361,9
1979.025
(1) Inmate confined to an institution in this state. If an individual
2dies while he or she is in the legal custody of the department and confined to a
3correctional facility located in this state, the coroner or medical examiner of the
4county where the death occurred shall perform an autopsy on the deceased
5individual. If the coroner or medical examiner who performs the autopsy determines
6that the individual's death may have been the result of any of the situations that
7would permit the district attorney to order an inquest under s.
979.04 968.015 (1),
8the coroner or medical examiner shall follow the procedures under s.
979.04 968.015 9(2).
AB383,1184
10Section
1184. 979.025 (2) of the statutes is amended to read:
AB383,361,2111
979.025
(2) Inmate confined in an institution in another state. If an
12individual dies while he or she is in the legal custody of the department and confined
13to a correctional facility in another state under a contract under s. 301.07, 301.21,
14or 302.25, the department shall have an autopsy performed by an appropriate
15authority in the other state or by the coroner or medical examiner of the county in
16which the
circuit court is located that sentenced the individual to the custody of the
17department. If the coroner or medical examiner who performs the autopsy in this
18state determines that the individual's death may have been the result of any of the
19situations that would permit the district attorney to order an inquest under s.
979.04 20968.015 (1), the coroner or medical examiner shall forward the results of the autopsy
21to the appropriate authority in the other state.
AB383,1185
22Section
1185. 979.04 of the statutes is renumbered 968.015 and amended to
23read:
AB383,362,12
24968.015 Inquests: when When inquests may be called. (1) If the district
25attorney has notice of the death of any person and there is reason to believe from the
1circumstances surrounding the death that
the person was a victim of felony murder,
2first-degree or 2nd-degree intentional homicide, first-degree or 2nd-degree
3reckless homicide, homicide by negligent handling of dangerous weapon, explosives
, 4or fire, homicide by negligent operation of vehicle, homicide resulting from negligent
5control of a vicious animal
or, homicide by intoxicated user of a vehicle or firearm
may
6have been committed, or
that death may have been due to suicide or
the person died
7under unexplained or suspicious circumstances, the district attorney may order that
8an inquest be conducted for the purpose of inquiring how the person died.
The
9district attorney shall appear in any such inquest representing the state in
10presenting all evidence which may be relevant or material to the inquiry of the
11inquest. The inquest may be held in any county in this state in which venue would
12lie for the trial of any offense charged as the result of or involving the death.
AB383,362,14
13(4) An inquest may
only be ordered
only by the district attorney
acting under
14this subsection sub. (1) or by the
circuit judge under sub. (2).
AB383,362,23
15(2) If the coroner or medical examiner
has knowledge of the death of any knows
16that a person
has died in the manner
or under the circumstances described
under in
17sub. (1), he or she
shall immediately notify the district attorney. The notification
18shall include information concerning the circumstances surrounding the death. The
19coroner or medical examiner may request the district attorney to order an inquest
20under sub. (1). If the district attorney refuses to order the inquest,
a the coroner
21or medical examiner may petition the
circuit court to order an inquest. The court
22may issue the order if it finds that the district attorney has abused his or her
23discretion in not ordering an inquest.
AB383,363,4
24(3) Subsequent to receipt of After receiving notice of the death, the district
25attorney may request the coroner or medical examiner to conduct a preliminary
1investigation and report back to the district attorney. The district attorney may
2determine the scope of the preliminary investigation. This subsection does not limit
3or prevent any other investigation into the death by any law enforcement agency
4with jurisdiction over the investigation.
AB383,1186
5Section
1186. 979.05 (title) of the statutes is repealed.
AB383,1187
6Section
1187. 979.05 (1) of the statutes is renumbered 968.025 (1) and
7amended to read:
AB383,363,98
968.025
(1) By whom conducted.
An inquest shall be conducted by a circuit A 9judge
or a circuit court commissioner shall conduct each inquest.
AB383,1188
10Section
1188. 979.05 (2) of the statutes is renumbered 968.025 (2) and
11amended to read:
AB383,363,1412
968.025
(2) Before whom conducted. The inquest shall be conducted before
13a jury unless the district attorney, coroner, or medical examiner requests that the
14inquest be conducted before the judge
or circuit court commissioner only.
AB383,363,25
15(4) (a) If the inquest is to be conducted before a jury,
the clerk shall select, in
16the manner provided in s. 756.06 (1), a sufficient number of names of prospective
17jurors
shall be selected from the prospective juror list for the county in which the
18inquest is to be held
by the clerk of circuit court in the manner provided in s. 756.06.
19The judge or circuit court commissioner conducting the inquest shall summon the
20prospective jurors to appear before the judge or circuit court commissioner at the
21time fixed in the summons. The summons may be served by mail, or by personal
22service if the judge, circuit court commissioner, or district attorney determines
23personal service to be appropriate. The summons shall be in the form used to
24summon petit jurors in the circuit courts of the county to ensure that the jury consists
25of 6 members.
AB383,364,3
1(b) Any person who fails to appear when summoned as an inquest juror
is
2subject to a forfeiture of shall forfeit not more than $40.
The inquest jury shall consist
3of 6 jurors. If 6 jurors do not remain
AB383,364,9
4(d) If, after all prospective jurors have been examined, fewer than 12 remain 5from the number originally summoned
after establishment of qualifications, the
6judge
or circuit court commissioner conducting the inquest
may require shall direct 7the clerk
of the circuit court to select to draw sufficient additional jurors' names.
8Those persons shall be summoned forthwith by the
The sheriff of the county
shall
9summon those persons immediately.
AB383,1189
10Section
1189. 979.05 (3) of the statutes is renumbered 968.025 (4) (c) and
11amended to read:
AB383,364,2512
968.025 (4) (c) The judge
or circuit court commissioner shall examine on oath
13or affirmation each person who is called as a juror to discover whether the juror is
14related by blood
, or marriage
or adoption to the decedent, any member of the
15decedent's family, the district attorney, any other attorney appearing in the case
, or
16any members of the office of the district attorney or of the office of any other attorney
17appearing in the case, has expressed or formed any opinion regarding the matters
18being inquired into in the inquest
, or is aware of or has any bias or prejudice
19concerning the matters being inquired into in the inquest.
If any prospective juror
20is found The court shall excuse any prospective juror whom it finds to be not
21indifferent or
is found to have formed an opinion
which that cannot be laid aside
, that
22juror shall be excused. The judge or circuit commissioner may select one or more
23alternate jurors if the inquest is likely to be protracted. This
subsection paragraph 24does not limit the right of the district attorney to supplement the judge's
or circuit
25commissioner's examination of any prospective jurors as to qualifications.
AB383,1190
1Section
1190. 979.05 (4) of the statutes is renumbered 968.025 (5) and
2amended to read:
AB383,365,53
968.025
(5) Oath. When 6 After the jurors have been selected, the judge
or
4circuit court commissioner shall administer to them an oath or affirmation which
5shall be substantially in the following form:
AB383,365,116
You do solemnly swear (affirm) that you will diligently inquire and determine
7on behalf of this state when, and in what manner and by what means, the person
8known as .... ....
who is now dead came to his or her death and that you will return
9a true verdict thereon according to your knowledge, according to the evidence
10presented
, and according to the instructions given to you by the .... (judge) (circuit
11court commissioner).
AB383,1191
12Section
1191. 979.05 (5), (6) and (7) of the statutes are renumbered 968.025
13(6), (7) and (8) and amended to read:
AB383,365,2214
968.025
(6) Role of district attorney. Prior to the submission of evidence to
15the jury, the judge or circuit court commissioner may instruct the jury on its duties
16and on the substantive law regarding the issues which may be inquired into before
17the jury The district attorney shall appear in each inquest, represent the state, and
18present all evidence that may be relevant or material to the inquiry of the inquest.
19The district attorney may, at any time during the course of the inquest, make
20statements to the jury relating to procedural or evidentiary matters he or she and
21the judge
or circuit court commissioner deem appropriate.
Section 972.12 applies to
22the conduct of the inquest jury.