AB383: Bill Text

AB383,368,7 968.055 (3) (a) Whether the deceased came to his or her death by natural causes, accident, suicide, or an act privileged by law.

AB383,1201 Section 1201. 979.08 (5) of the statutes is renumbered 968.055 (4) and amended to read:

AB383,368,12 968.055 (4) The inquest jury's verdict delivered by the inquest jury is advisory and does not preclude or require the issuance of any criminal charges by the district attorney.

AB383,1202 Section 1202. 979.08 (6) of the statutes is renumbered 968.055 (5) and amended to read:

AB383,368,20 968.055 (5) Any verdict so rendered under sub. (4), after being validated and signed by the judge or circuit court commissioner, together with the record of the inquest, shall be delivered to the district attorney for consideration. After considering the verdict and record, the district attorney may deliver the entire inquest record or any part thereof of the record to the coroner or medical examiner for safekeeping.

AB383,1203 Section 1203. 979.08 (7) of the statutes is renumbered 968.055 (6) and amended to read:

AB383,368,25 968.055 (6) The Except as provided in s. 971.43, the record of a secret inquest proceeding shall is not be open for inspection unless so ordered by the judge or circuit court commissioner conducting the inquest upon petition by the district attorney.

AB383,1204 Section 1204. 979.09 of the statutes is amended to read:

AB383,369,10 979.09 Burial of body. If any judge or circuit court commissioner conducts an inquest as to the death of a stranger or of a person whose identity is unknown or whose body is unclaimed or if the district attorney determines that no inquest into the death of such a person is necessary and the circuit judge has not ordered an inquest under s. 979.04 968.015 (2), the coroner or medical examiner shall cause the body to be decently buried or cremated and shall certify to all the charges incurred in taking any inquest by him or her and to the expenses of burial or cremation of the dead body. The charges and expenses shall be audited by the county board of the proper county and paid out of the county treasury.

AB383,1205 Section 1205. 979.10 (2) of the statutes is amended to read:

AB383,369,21 979.10 (2) If a corpse is to be cremated, the coroner or medical examiner shall make a careful personal inquiry into the cause and manner of death, and conduct an autopsy or order the conducting of an autopsy, if in his or her or the district attorney's opinion it is necessary to determine the cause and manner of death. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary he or she shall certify that fact. Upon written request by the district attorney the coroner or medical examiner shall obtain the concurrence of the district attorney before issuing the certification. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the district attorney under s. 979.04 968.015 (2).

AB383,1206 Section 1206. 979.11 of the statutes is amended to read:

AB383,370,6 979.11 Compensation of officers. The sole compensation of the coroner and deputy coroners for attendance at an inquest and for any preliminary investigation under this chapter ch. 968 at the direction of the district attorney shall be a reasonable sum set by the county board for each day actually and necessarily required for the purpose, and a sum set by the county board for each mile actually and necessarily traveled in performing the duty. Any coroner or deputy coroner may be paid an annual salary and allowance for traveling expenses to be established by the county board under s. 59.22 which shall be in lieu of all fees, per diem, and compensation for services rendered.

AB383,1207 Section 1207. 979.22 of the statutes is amended to read:

AB383,370,12 979.22 Autopsies and toxicological services by medical examiners. A medical examiner may perform autopsies and toxicological services not required under this chapter or under subch. I of ch. 968 and may charge a fee established by the county board for such autopsies and services. The fee may not exceed an amount reasonably related to the actual and necessary cost of providing the service.

AB383,1208 Section 1208. 980.015 (2) (c) of the statutes is amended to read:

AB383,370,18 980.015 (2) (c) The anticipated release of a person on conditional release under s. 971.17 975.57 (4) or 975.59, the anticipated termination of a commitment order under 971.17 s. 975.60, or the anticipated discharge of a person from a commitment order under s. 971.17 975.61, if the person has been found not guilty of a sexually violent offense by reason of mental disease or defect.

AB383,1209 Section 1209. 980.015 (2) (d) of the statutes is amended to read:

AB383,370,21 980.015 (2) (d) The anticipated release on parole or discharge of a person committed under ch. 975, 2011 stats., for a sexually violent offense.

AB383,1210 Section 1210. 980.031 (4) of the statutes is amended to read:

AB383,371,6 980.031 (4) If a party retains or the court appoints a licensed physician, licensed psychologist, or other mental health professional 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) (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. 972.15 973.004 (6).

AB383,1211 Section 1211. 980.036 (2) (c) of the statutes is amended to read:

AB383,371,10 980.036 (2) (c) Evidence obtained in the manner described under s. 968.31 968.345 (2) (b), if the prosecuting attorney intends to use the evidence at the trial or proceeding.

AB383,1212 Section 1212. 980.036 (6) of the statutes is amended to read:

AB383,371,21 980.036 (6) Protective order. Upon motion of a party, the court may at any time order that discovery, inspection, or the listing of witnesses required under this section be denied, restricted, or deferred, or make other appropriate orders. If the prosecuting attorney or the attorney for a person subject to this chapter certifies that listing a witness under sub. (2) (e) or (3) (a) may subject the witness or others to physical or economic harm or coercion, the court may order that the deposition of the witness be taken under s. 967.04 (2) to (6) 967.21. The name of the witness need not be divulged prior to the taking of such deposition. If the witness becomes unavailable or changes his or her testimony, the deposition shall be admissible at trial as substantive evidence.

AB383,1213 Section 1213. 990.01 (23) of the statutes is amended to read:

AB383,372,3 990.01 (23) Nighttime. "Nighttime," used in any statute, ordinance, indictment or information complaint, means the time between one hour after sunset on one day and one hour before sunrise on the following day; and the time of sunset and sunrise shall be ascertained according to the mean solar time of the ninetieth meridian west from Greenwich, commonly known as central time, as given in any almanac.

AB383,1214 Section 1214. 995.50 (7) of the statutes is amended to read:

AB383,372,7 995.50 (7) No action for invasion of privacy may be maintained under this section if the claim is based on an act which is permissible under ss. s. 196.63 or 968.27 to 968.37 under subch. IV of ch. 968.

AB383,1215 Section 1215. Initial applicability.

AB383,372,10 (1) This act first applies to prosecutions commenced on the effective date of this subsection.

AB383,372,12 (2) This act first applies to proceedings, commitments, and requirements related to offenses committed on the effective date of this subsection.

AB383,1216 Section 1216. Effective dates. This act takes effect on the day after publication, except as follows:

AB383,372,16 (1) The treatment of section 969.02 (3) (e) of the statutes takes effect on January 1, 2014, or on the day after publication, whichever is later.

AB383,372,21 (2) The treatment of sections 165.76 (1) (g) (by Section 85), (1m) (by Section 87), and (4) (a), (b), and (c), 165.765 (1m) and (2) (a) 1., 165.77 (2) (b) (by Section 93), (2m) (c) (by Section 95 ), and (3) (by Section 97 ), (4) (am) 1. and 2. (intro.), a., b. and d., 970.02 (8), and 971.027 (7) (title) of the statutes takes effect on April 1, 2015, or on the day after publication, whichever is later.

AB383,372,22 (End)