AB383,72,621
322.0767
(1) (c) Upon receiving a report under s.
971.14 (5) (b) 975.36, the
22court-martial shall make a determination as to whether the person has become
23competent. If the court-martial determines that the defendant has become
24competent, the court-martial shall terminate the commitment to the department of
25health services and resume the general court-martial. If the court-martial
1determines that the person is making sufficient progress toward becoming
2competent, the commitment shall continue. If the court-martial determines that the
3person is not likely to become competent to proceed
in
within the
time maximum 4period
specified under s. 971.14 (5) (a) of commitment, as defined under s. 971.34 (6)
5(a), the court-martial shall suspend or terminate the commitment order under this
6subsection.
AB383,165
7Section
165. 322.0767 (1) (d) of the statutes is amended to read:
AB383,72,108
322.0767
(1) (d) If a person who has been restored to competency again becomes
9incompetent, the maximum
commitment period
under s. 971.14 (5) (a) of
10commitment shall be as provided under s.
971.14 (5) (d) 975.36 (6).
AB383,166
11Section
166. 322.0767 (2) (a) of the statutes is amended to read:
AB383,72,1512
322.0767
(2) (a) If a court-martial finds a person not guilty by reason of mental
13disease or defect, the court-martial shall commit the person to the custody of the
14department of health services for a period not to exceed that described under s.
15971.17 (1) 975.57 (2).
AB383,167
16Section
167. 322.0767 (2) (b) of the statutes is amended to read:
AB383,72,1917
322.0767
(2) (b) Using the standard under s.
971.17 (3) (a) 975.57 (1), the
18court-martial shall determine whether the commitment order under par. (a) shall
19specify institutional care or conditional release.
AB383,168
20Section
168. 322.0767 (2) (c) of the statutes is amended to read:
AB383,73,221
322.0767
(2) (c) The court-martial has the same authority as a circuit court has
22under s.
971.17 (2) 975.55 to order the department of health services to conduct a
23predisposition investigation using the procedure in s.
972.15 973.004 or a mental
24examination as provided under s.
971.17 (2) (b), (c), and (e) 975.56 to assist the
1court-martial in determining whether to place the person in institutional care or to
2conditionally release the person.
AB383,169
3Section
169. 322.0767 (2) (d) of the statutes is amended to read:
AB383,73,94
322.0767
(2) (d) If the court-martial specifies institutional care, the
5department of health services shall place the person in an institution as provided
6under s.
971.17 (3) (c) 975.57 (3). If the court-martial specifies conditional release,
7the department of health services, in conjunction with the person's county of
8residence, shall develop a plan for conditional release as provided under s.
971.17 (3)
9(d) 975.57 (4).
AB383,170
10Section
170. 322.0767 (2) (e) of the statutes is amended to read:
AB383,73,1511
322.0767
(2) (e) After the court-martial enters an order under this subsection
12and transfers custody of a person to the department of health services, the person
13shall be subject to
s. 971.17 subch. III of ch. 975 and the circuit court for the county
14in which the person is institutionalized or where the person is placed on conditional
15release shall have jurisdiction in proceedings under
s. 971.17 subch. III of ch. 975.
AB383,171
16Section
171. 343.305 (9) (c) of the statutes is amended to read:
AB383,73,2117
343.305
(9) (c) If a law enforcement officer informs the circuit or municipal
18court that a person has refused to submit to a test under sub. (3) (a), (am), or (ar), the
19court shall be prepared to hold any requested hearing to determine if the refusal was
20proper. The scope of the hearing shall be limited to the issues outlined in par. (a) 5.
21or (am) 5. Section
967.055 970.25 applies to any hearing under this subsection.
AB383,172
22Section
172. 345.20 (1) (a) of the statutes is amended to read:
AB383,73,2423
345.20
(1) (a) "Judge"
has the meaning specified in s. 967.02 (6) means a judge
24of a court of record.
AB383,173
25Section
173. 345.20 (2) (c) of the statutes is amended to read:
AB383,74,3
1345.20
(2) (c)
Sections 967.055 and 972.11 (3m) apply Section 970.25 applies 2to traffic forfeiture actions for violations of s. 346.63 (1) or (5) or a local ordinance in
3conformity therewith.
AB383,174
4Section
174. 345.28 (3) (a) of the statutes is amended to read:
AB383,74,135
345.28
(3) (a) If the person does not pay the forfeiture or appear in court in
6response to the citation for a nonmoving traffic violation on the date specified in the
7citation or, if no date is specified in the citation, within 28 days after the citation is
8issued, the authority that issued the citation may issue a summons under s.
968.04
9(3) (b) 969.22 to the person and, in lieu of or in addition to issuing the summons, may
10proceed under sub. (4) or (5) but, except as provided in this section, no warrant may
11be issued for the person. If the person does not pay towing and storage charges
12associated with a citation for a nonmoving traffic violation, the authority that issued
13the citation may proceed under sub. (4).
AB383,175
14Section
175. 345.28 (5) (b) 1. of the statutes is amended to read:
AB383,74,2015
345.28
(5) (b) 1. If a person fails to respond to the notices under par. (a) within
16the time specified in the notice, a warrant that substantially complies with the
17mandatory provisions under s.
968.04 (3) (a) 969.21 (1) may be issued for the person,
18except that the warrant shall direct the officer to accept the person's deposit of money
19or his or her valid Wisconsin operator's license, as provided under subd. 2. a., in lieu
20of serving the warrant and arresting the person.
AB383,176
21Section
176. 345.31 of the statutes is amended to read:
AB383,75,3
22345.31 Venue in traffic regulation actions. Section
971.19 on place 970.14
23on venue of trial in criminal actions applies to actions for the violation of traffic
24regulations and nonmoving traffic violations except that, in the case of a violation of
25an ordinance of a municipality which is located in more than one county, the action
1may be brought in any court sitting in that municipality even though in another
2county. As an alternative, the plaintiff may bring the action in the county where the
3defendant resides.
AB383,177
4Section
177. 346.63 (2) (am) of the statutes is amended to read:
AB383,75,135
346.63
(2) (am) A person may be charged with and a prosecutor may proceed
6upon a complaint based upon a violation of any combination of par. (a) 1., 2., or 3. for
7acts arising out of the same incident or occurrence. If the person is charged with
8violating any combination of par. (a) 1., 2., or 3. in the complaint, the crimes shall be
9joined under s.
971.12 970.13. If the person is found guilty of any combination of par.
10(a) 1., 2., or 3. for acts arising out of the same incident or occurrence, there shall be
11a single conviction for purposes of sentencing and for purposes of counting
12convictions under ss. 343.30 (1q) and 343.305. Paragraph (a) 1., 2., and 3. each
13require proof of a fact for conviction which the others do not require.
AB383,178
14Section
178. 346.63 (6) (b) of the statutes is amended to read:
AB383,75,2315
346.63
(6) (b) A person may be charged with and a prosecutor may proceed upon
16a complaint based upon a violation of par. (a) or sub. (2) (a) 1. or both for acts arising
17out of the same incident or occurrence. If the person is charged with violating both
18par. (a) and sub. (2) (a) 1. in the complaint, the crimes shall be joined under s.
971.12 19970.13. If the person is found guilty of violating both par. (a) and sub. (2) (a) 1. for
20acts arising out of the same incident or occurrence, there shall be a single conviction
21for purposes of sentencing and for purposes of counting convictions. Paragraph (a)
22and sub. (2) (a) 1. each require proof of a fact for conviction which the other does not
23require.
AB383,179
24Section
179. 350.101 (2) (c) of the statutes is amended to read:
AB383,76,9
1350.101
(2) (c)
Related charges. A person may be charged with and a prosecutor
2may proceed upon a complaint based upon a violation of any combination of par. (a),
3(b), or (bm) for acts arising out of the same incident or occurrence. If the person is
4charged with violating any combination of par. (a), (b), or (bm) in the complaint, the
5crimes shall be joined under s.
971.12 970.13. If the person is found guilty of any
6combination of par. (a), (b), or (bm) for acts arising out of the same incident or
7occurrence, there shall be a single conviction for purposes of sentencing and for
8purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
9and (bm) each require proof of a fact for conviction which the others do not require.
AB383,180
10Section
180. 551.602 (5) (b) of the statutes is amended to read:
AB383,76,1211
551.602
(5) (b) The immunity provided under par. (a) is subject to the
12restrictions under s.
972.085 967.18.
AB383,181
13Section
181. 553.55 (3) (b) of the statutes is amended to read:
AB383,76,1514
553.55
(3) (b) The immunity provided under par. (a) is subject to the restrictions
15under s.
972.085 967.18.
AB383,182
16Section
182. 601.62 (5) (b) of the statutes is amended to read:
AB383,76,1817
601.62
(5) (b) The immunity provided under par. (a) is subject to the restrictions
18under s.
972.085 967.18.
AB383,183
19Section
183. 631.95 (1) (c) of the statutes is amended to read:
AB383,76,2120
631.95
(1) (c) "Domestic abuse" has the meaning given in s.
968.075 (1) (a) 21969.27 (1) (a).
AB383,184
22Section
184. 704.16 (1) (b) 4. of the statutes is amended to read:
AB383,76,2423
704.16
(1) (b) 4. A condition of release under
s. 974.09 or ch. 969 ordering the
24person not to contact the tenant.
AB383,185
25Section
185. 704.16 (1) (b) 7. of the statutes is amended to read:
AB383,77,3
1704.16
(1) (b) 7. A criminal complaint that was filed against the person as a
2result of the person being arrested for committing a domestic abuse offense against
3the tenant under s.
968.075 969.27.
AB383,186
4Section
186. 704.16 (3) (b) 2. d. of the statutes is amended to read:
AB383,77,65
704.16
(3) (b) 2. d. A condition of release under
s. 974.09 or ch. 969 ordering the
6offending tenant not to contact the other tenant.
AB383,187
7Section
187. 704.16 (3) (b) 2. g. of the statutes is amended to read:
AB383,77,108
704.16
(3) (b) 2. g. A criminal complaint that was filed against the offending
9tenant as a result of the offending tenant being arrested for committing a domestic
10abuse offense against the other tenant under s.
968.075 969.27.
AB383,188
11Section
188. 756.06 (2) (a) of the statutes is amended to read:
AB383,77,1312
756.06
(2) (a) A jury in a felony case shall consist of 12 persons unless both
13parties agree on a lesser number as provided in s.
972.02 972.025 (2).
AB383,189
14Section
189. 756.06 (2) (c) of the statutes is amended to read:
AB383,77,1615
756.06
(2) (c) A jury in a case involving an offense for which a forfeiture may
16be imposed or in an inquest under s.
979.05 968.025 shall consist of 6 persons.
AB383,190
17Section
190. 757.54 (2) (a) 1. of the statutes is amended to read:
AB383,77,1818
757.54
(2) (a) 1. "Custody" has the meaning given in s.
968.205 968.645 (1) (a).
AB383,191
19Section
191. 757.54 (2) (a) 2. of the statutes is amended to read:
AB383,77,2120
757.54
(2) (a) 2. "Discharge date" has the meaning given in s.
968.205 968.645 21(1) (b).
AB383,192
22Section
192. 757.69 (1) (b) of the statutes is amended to read:
AB383,78,723
757.69
(1) (b) In criminal matters issue summonses, arrest warrants
, or search
24warrants, determine probable cause to support a warrantless arrest,
conduct 25perform the duties of the court at an initial
appearances of persons arrested
1appearance under s. 971.027, set bail,
inform the defendant in accordance with s.
2970.02 (1), refer the person to the authority for indigency determinations specified
3under s. 977.07 (1), conduct the preliminary examination and arraignment, and,
4with the consent of both the state and the defendant, accept a guilty plea. If a court
5refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court
6commissioner shall conduct the hearing on the matter in accordance with s. 973.20
7(13) (c) 4.
AB383,193
8Section
193. 757.69 (1) (i) of the statutes is amended to read:
AB383,78,99
757.69
(1) (i) Conduct inquests under
subch. I of ch.
979 968.
AB383,194
10Section
194. 758.171 of the statutes is amended to read:
AB383,78,15
11758.171 Judicial conference: uniform citation. The judicial conference
12shall adopt a uniform citation form for use as authorized under s.
968.085 969.24.
13A duly authenticated copy of this form shall be furnished to the secretary of state and
14kept on file in his or her office. The secretary of state shall transmit a copy of this
15form to the clerks of circuit court.
AB383,195
16Section
195. 758.19 (5) (a) 5. of the statutes is repealed.
AB383,196
17Section
196. 767.87 (4) (b) of the statutes is amended to read:
AB383,78,1918
767.87
(4) (b) The immunity provided under par. (a) is subject to the restrictions
19under s.
972.085 967.18.
AB383,197
20Section
197. 781.04 (1) of the statutes is amended to read:
AB383,78,2321
781.04
(1) In an action or proceeding seeking the remedy available by habeas
22corpus, the court may admit the prisoner to bail in accordance with
s. 974.09 or ch.
23969.
AB383,198
24Section
198. 785.03 (1) (b) of the statutes is amended to read:
AB383,79,10
1785.03
(1) (b)
Punitive sanction. The district attorney of a county, the attorney
2general or a special prosecutor appointed by the court may seek the imposition of a
3punitive sanction by issuing a complaint charging a person with contempt of court
4and reciting the sanction sought to be imposed. The district attorney, attorney
5general or special prosecutor may issue the complaint on his or her own initiative or
6on the request of a party to an action or proceeding in a court or of the judge presiding
7in an action or proceeding. The complaint shall be processed under chs. 967 to 973
8and 975. If the contempt alleged involves disrespect to or criticism of a judge, that
9judge is disqualified from presiding at the trial of the contempt unless the person
10charged consents to the judge presiding at the trial.
AB383,199
11Section
199. 800.035 (8) of the statutes is amended to read:
AB383,79,2212
800.035
(8) If the defendant does not appear, but has made a deposit in the
13amount set for the violation, he or she is deemed to have tendered a plea of no contest
14and submits to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814,
15not exceeding the amount of the deposit. The court may impose any other penalties
16allowed by law. The court may either accept the plea of no contest and enter
17judgment accordingly, or reject the plea and issue a summons. If the court finds that
18the violation meets the conditions in s. 800.093 (1), the court may summon the
19alleged violator into court to determine if restitution shall be ordered under s.
20800.093. If the defendant fails to appear in response to the summons, the court may
21issue a warrant under s.
968.09 969.50. If the defendant has made a deposit but does
22appear, the court shall allow the defendant to withdraw the plea of no contest.
AB383,200
23Section
200. 801.02 (7) (a) 2. c. of the statutes is amended to read:
AB383,80,224
801.02
(7) (a) 2. c. A person bringing an action seeking relief from a judgment
25of conviction or a sentence of a court, including an action for an extraordinary writ
1or a supervisory writ seeking relief from a judgment of conviction or a sentence of a
2court or an action under s. 809.30, 809.40,
973.19
974.03, 974.06 or 974.07.
AB383,201
3Section
201. 801.02 (7) (a) 2. e. of the statutes is amended to read:
AB383,80,64
801.02
(7) (a) 2. e. A person who is not serving a sentence for the conviction of
5a crime but who is detained, admitted or committed under ch. 51 or 55 or s.
971.14
6(2) or (5) 975.32 or 975.34.
AB383,202
7Section
202. 801.50 (5t) of the statutes is renumbered 801.50 (5t) (a) and
8amended to read:
AB383,80,189
801.50
(5t) (a) Except as otherwise provided in ss. 801.52 and
971.223 971.72 10(1) and (2), venue in a civil action to impose a forfeiture upon a resident of this state
11for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a
12violation of any other law arising from or in relation to the official functions of the
13subject of the investigation or any matter that involves elections, ethics, or lobbying
14regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, shall be in
15circuit court for the county where the defendant resides. For purposes of this
16subsection paragraph, a person other than a natural person resides within a county
17if the person's principal place of operation is located within that county.
This
18subsection
AB383,80,21
19(b) Paragraph (a) does not affect which prosecutor has responsibility under s.
20978.05 (2) to prosecute civil actions
arising from violations under s. 971.223 (1) 21described under par. (a).
AB383,203
22Section
203. 801.52 of the statutes is amended to read:
AB383,81,8
23801.52 Discretionary change of venue. The court may at any time, upon
24its own motion, the motion of a party or the stipulation of the parties, change the
25venue to any county in the interest of justice or for the convenience of the parties or
1witnesses, except that venue in a civil action to impose a forfeiture for a violation of
2chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other
3law arising from or in relation to the official functions of the subject of the
4investigation or any matter that involves elections, ethics, or lobbying regulation
5under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only
6as provided in s.
971.223 971.72 (1) and (2) or in the same manner that is authorized
7for a change in the venue of a criminal trial under s.
971.22 971.70. This section does
8not apply to proceedings under ch. 980.
AB383,204
9Section
204. 807.05 of the statutes is amended to read:
AB383,81,15
10807.05 Stipulations. No agreement, stipulation, or consent between the
11parties or their attorneys, in respect to the proceedings in an action or special
12proceeding shall be binding unless made in court or during a proceeding conducted
13under s. 807.13 or
967.08 967.14 and entered in the minutes or recorded by the
14reporter, or made in writing and subscribed by the party to be bound thereby or the
15party's attorney.
AB383,205
16Section
205. 808.03 (3) (b) of the statutes is amended to read:
AB383,81,2117
808.03
(3) (b) An order denying a motion to suppress evidence or a motion
18challenging the admissibility of a statement of a defendant may be reviewed upon
19appeal from a final judgment or order notwithstanding the fact that the judgment
20or order was entered upon a plea of guilty or no contest to the
information or criminal
21complaint.
AB383,206
22Section
206. 808.04 (3) of the statutes is amended to read:
AB383,82,223
808.04
(3) Except as provided in subs. (4) and (7), an appeal in a proceeding
24under
s. 971.17 subch. III of ch. 975, a criminal case, or a case under ch. 48, 51, 55,
1938, or 980 shall be initiated within the time period specified in s. 809.30 (2) or 809.32
2(2), whichever is applicable.
AB383,207
3Section
207. 808.04 (4) of the statutes is amended to read:
AB383,82,74
808.04
(4) Except as provided in sub. (7m), an appeal by the state in a
5proceeding under
s. 971.17 subch. III of ch. 975, a criminal case under s. 974.05, or
6a case under ch. 48, 938, or 980 shall be initiated within 45 days of entry of the
7judgment or order appealed from.
AB383,208
8Section
208. 808.075 (4) (b) 4. of the statutes is amended to read:
AB383,82,119
808.075
(4) (b) 4. Commitment, conditional release, recommitment
, and
10discharge under s.
971.17 subch. III of ch. 975 of a person found not guilty by reason
11of mental disease or defect.