AB383,95,723
938.30
(5) (e) 1. (intro.) A juvenile who is not competent to proceed, as described
24in s.
971.13 975.30 (1) and (2), but who is likely to become competent to proceed
25within 12 months or within the time period of the maximum sentence that may be
1imposed on an adult for the most serious delinquent act with which the juvenile is
2charged, whichever is less, and who is committed under s. 51.20 following an order
3under par. (d) 1. or who is placed under a dispositional order following an order under
4par. (d) 2., shall be periodically reexamined with written reports of those
5reexaminations to be submitted to the court every 3 months and within 30 days
6before the expiration of the juvenile's commitment or dispositional order. Each
7report shall indicate one of the following:
AB383,264
8Section
264. 938.31 (2) of the statutes is amended to read:
AB383,95,179
938.31
(2) Hearing to the court; procedures. The hearing shall be to the court.
10If the hearing involves a child victim, as defined in s. 938.02 (20m) (a) 1., or a child
11witness, as defined in s. 950.02 (5), the court may order that a deposition be taken
12by audiovisual means and allow the use of a recorded deposition under s.
967.04 (7)
13to (10) and, with the district attorney, shall comply with s. 971.105 967.22. At the
14conclusion of the hearing, the court shall make a determination of the facts. If the
15court finds that the juvenile is not within the jurisdiction of the court or the court
16finds that the facts alleged in the petition or citation have not been proved, the court
17shall dismiss the petition or citation with prejudice.
AB383,265
18Section
265. 938.31 (3) (a) 4. of the statutes is amended to read:
AB383,95,1919
938.31
(3) (a) 4. "Statement" has the meaning given in s.
972.115 972.18 (1) (d).
AB383,266
20Section
266. 938.31 (3) (d) of the statutes is amended to read:
AB383,95,2521
938.31
(3) (d) Notwithstanding ss.
968.28 968.315 to
968.37 968.405, a
22juvenile's lack of consent to having an audio or audio and visual recording made of
23a custodial interrogation does not affect the admissibility in evidence of an audio or
24audio and visual recording of a statement made by the juvenile during the
25interrogation.
AB383,267
1Section
267. 938.315 (2) of the statutes is amended to read:
AB383,96,142
938.315
(2) Continuance for good cause. A continuance may be granted by
3the court only upon a showing of good cause in open court or during a telephone
4conference under s. 807.13 on the record and only for so long as is necessary, taking
5into account the request or consent of the representative of the public under s. 938.09
6or the parties, the interests of the victims
, and the interest of the public in the prompt
7disposition of cases.
In ruling on any motion or other request for a continuance or
8delay of the proceedings, the court shall also consider and give weight to any adverse
9impact the delay or continuance may have on the well-being of a victim or a witness,
10as defined in s. 950.02 (5), if the victim or witness is a child. In addition, if a victim
11or a witness is a child, the court and the representative of the public under s. 938.09
12shall take appropriate action to ensure speedy proceedings in order to minimize the
13time during which the child must endure the stress of his or her involvement in the
14proceedings.
AB383,268
15Section
268. 938.35 (1) (cm) of the statutes is amended to read:
AB383,96,1716
938.35
(1) (cm) In a court of civil or criminal jurisdiction for purposes of setting
17bail under
s. 974.09 or ch. 969 or impeaching a witness under s. 906.09.
AB383,269
18Section
269. 938.396 (1) (a) of the statutes is amended to read:
AB383,96,2319
938.396
(1) (a)
Confidentiality. Law enforcement agency records of juveniles
20shall be kept separate from records of adults. Law enforcement agency records of
21juveniles may not be open to inspection or their contents disclosed except under par.
22(b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s.
938.21 (2) (f), 938.293
, or 938.30 (2) or
23by order of the court.
AB383,270
24Section
270. 938.396 (2g) (dr) of the statutes is amended to read:
AB383,97,6
1938.396
(2g) (dr)
Presentence investigation. Upon request of the department
2of corrections or any other person preparing a presentence investigation under s.
3972.15 973.004 to review court records for the purpose of preparing the presentence
4investigation, the court shall open for inspection by any authorized representative
5of the requester the records of the court relating to any juvenile who has been the
6subject of a proceeding under this chapter.
AB383,271
7Section
271. 938.535 of the statutes is amended to read:
AB383,97,15
8938.535 Early release and intensive supervision program; limits. The
9department may establish a program for the early release and intensive supervision
10of juveniles who have been placed in a juvenile correctional facility or a secured
11residential care center for children and youth under s. 938.183 or 938.34 (4m). The
12program may not include any juveniles who have been placed in a juvenile
13correctional facility or a secured residential care center for children and youth as a
14result of a delinquent act involving the commission of a violent crime as defined in
15s.
969.035 969.43, but not including the crime specified in s. 948.02 (1).
AB383,272
16Section
272. 938.78 (2) (d) 1. of the statutes is amended to read:
AB383,97,1817
938.78
(2) (d) 1. The subject of a presentence investigation under s.
972.15 18973.004.
AB383,273
19Section
273. 939.60 of the statutes is amended to read:
AB383,97,22
20939.60 Felony and misdemeanor defined. A crime punishable by
21imprisonment in the Wisconsin state prisons is a felony "
Felony" has the meaning
22given in s. 967.025 (11). Every other crime is a misdemeanor.
AB383,274
23Section
274. 939.615 (2) (a) of the statutes is amended to read:
AB383,98,524
939.615
(2) (a) Except as provided in par. (b), if a person is convicted of a serious
25sex offense or found not guilty of a serious sex offense by reason of mental disease
1or defect, the court may, in addition to sentencing the person, placing the person on
2probation or, if applicable, committing the person under
s. 971.17 subch. III of ch.
3975, place the person on lifetime supervision by the department if notice concerning
4lifetime supervision was given to the person under s. 973.125 and if the court
5determines that lifetime supervision of the person is necessary to protect the public.
AB383,275
6Section
275. 939.615 (3) (d) of the statutes is amended to read:
AB383,98,107
939.615
(3) (d) If the person has been committed to the department of health
8services under
s. 971.17 subch. III of ch. 975 for the serious sex offense, upon the
9termination of his or her commitment under s.
971.17 (5) 975.60 or his or her
10discharge from the commitment under s.
971.17 (6)
975.61, whichever is applicable.
AB383,276
11Section
276. 939.621 (1) (a) of the statutes is amended to read:
AB383,98,1712
939.621
(1) (a) A person who commits, during the 72 hours immediately
13following an arrest for a domestic abuse incident as set forth in s.
968.075 969.27 (5),
14an act of domestic abuse, as defined in s.
968.075
969.27 (1) (a) that constitutes the
15commission of a crime. For the purpose of the definition under this paragraph, the
1672-hour period applies whether or not there has been a waiver by the victim under
17s.
968.075 969.27 (5) (c).
AB383,277
18Section
277. 939.621 (2) of the statutes is amended to read:
AB383,98,2519
939.621
(2) If a person commits an act of domestic abuse, as defined in s.
20968.075 969.27 (1) (a) and the act constitutes the commission of a crime, the
21maximum term of imprisonment for that crime may be increased by not more than
222 years if the person is a domestic abuse repeater. The victim of the domestic abuse
23crime does not have to be the same as the victim of the domestic abuse incident that
24resulted in the prior arrest or conviction. The penalty increase under this section
25changes the status of a misdemeanor to a felony.
AB383,278
1Section
278. 939.74 (1) of the statutes is amended to read:
AB383,99,62
939.74
(1) Except as provided in subs. (2) and (2d) and s. 946.88 (1), prosecution
3for a felony must be commenced within 6 years and prosecution for a misdemeanor
4or for adultery within 3 years after the commission thereof. Within the meaning of
5this section, a prosecution has commenced when
a warrant or summons is issued, an
6indictment is found
, or
an information a complaint is filed.
AB383,279
7Section
279. 939.74 (3) of the statutes is amended to read:
AB383,99,128
939.74
(3) In computing the time limited by this section, the time during which
9the actor was not publicly a resident within this state or during which a prosecution
10against the actor for the same act was pending shall not be included. A prosecution
11is pending when
a warrant or a summons has been issued, an indictment has been
12found
, or
an information a complaint has been filed.
AB383,280
13Section
280. 939.74 (4) of the statutes is amended to read:
AB383,99,1714
939.74
(4) In computing the time limited by this section, the time during which
15an alleged victim under s. 940.22 (2) is unable to seek the
issuance filing of a
16complaint under s.
968.02 970.08 due to the effects of the sexual contact or due to any
17threats, instructions or statements from the therapist shall not be included.
AB383,281
18Section
281. 940.09 (1m) (a) of the statutes is amended to read:
AB383,99,2419
940.09
(1m) (a) A person may be charged with and a prosecutor may proceed
20upon
an information a complaint based upon a violation of any combination of sub.
21(1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of
22sub. (1) (c), (cm), or (d); any combination of sub. (1) (c), (cm), or (e); any combination
23of sub. (1g) (a), (am), or (b)
or;; or any combination of sub. (1g) (c), (cm), or (d) for acts
24arising out of the same incident or occurrence.
AB383,282
25Section
282. 940.09 (1m) (b) of the statutes is amended to read:
AB383,100,10
1940.09
(1m) (b) If a person is charged in
an information a complaint with any
2of the combinations of crimes referred to in par. (a), the crimes shall be joined under
3s.
971.12 970.13. If the person is found guilty of more than one of the crimes so
4charged for acts arising out of the same incident or occurrence, there shall be a single
5conviction for purposes of sentencing and for purposes of counting convictions under
6s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under
7s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each
8require proof of a fact for conviction which the others do not require, and sub. (1g)
9(a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the
10others do not require.
AB383,283
11Section
283. 940.225 (4) (intro.) of the statutes is amended to read:
AB383,100,1712
940.225
(4) Consent. (intro.) "Consent", as used in this section, means words
13or overt actions by a person who is competent to give informed consent indicating a
14freely given agreement to have sexual intercourse or sexual contact. Consent is not
15an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following
16persons are presumed incapable of consent but the presumption may be rebutted by
17competent evidence, subject to the provisions of s.
972.11 (2) 904.045:
AB383,284
18Section
284. 940.25 (1m) (a) of the statutes is amended to read:
AB383,100,2319
940.25
(1m) (a) A person may be charged with and a prosecutor may proceed
20upon
an information a complaint based upon a violation of any combination of sub.
21(1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of
22sub. (1) (c), (cm), or (d); or any combination of sub. (1) (c), (cm), or (e) for acts arising
23out of the same incident or occurrence.
AB383,285
24Section
285. 940.25 (1m) (b) of the statutes is amended to read:
AB383,101,8
1940.25
(1m) (b) If a person is charged in
an information a complaint with any
2of the combinations of crimes referred to in par. (a), the crimes shall be joined under
3s.
971.12 970.13. If the person is found guilty of more than one of the crimes so
4charged for acts arising out of the same incident or occurrence, there shall be a single
5conviction for purposes of sentencing and for purposes of counting convictions under
6s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and
7343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm),
8(d), and (e) each require proof of a fact for conviction which the others do not require.
AB383,286
9Section
286. 940.32 (2m) (d) of the statutes is amended to read:
AB383,101,1110
940.32
(2m) (d) The person violates s.
968.31 968.345 (1) or
968.34 968.376 (1)
11in order to facilitate the violation.
AB383,287
12Section
287. 940.48 (intro.) of the statutes is amended to read:
AB383,101,15
13940.48 Violation of court orders. (intro.) Whoever violates an order issued
14under s. 940.47
or violates any condition of a bond required under s. 969.33 (4) (d) 15may be punished as follows:
AB383,288
16Section
288. 940.49 of the statutes is repealed.
AB383,289
17Section
289. 941.28 (5) of the statutes is amended to read:
AB383,101,1918
941.28
(5) Any firearm seized under this section is subject to s.
968.20 (3) 19175.27 (1) and is presumed to be contraband.
AB383,290
20Section
290. 941.29 (3) of the statutes is amended to read:
AB383,101,2221
941.29
(3) Any firearm involved in an offense under sub. (2) is subject to s.
22968.20 (3) 175.27 (1).
AB383,291
23Section
291. 943.245 (3m) of the statutes is amended to read:
AB383,102,324
943.245
(3m) Any recovery under this section shall be reduced by the amount
25recovered as restitution for the same act under ss. 800.093 and 973.20 or as
1recompense under s.
969.13 (5) (a) 969.42 for the same act and by any amount
2collected in connection with the act and paid to the plaintiff under a deferred
3prosecution agreement under s. 971.41.
AB383,292
4Section
292. 943.51 (3r) of the statutes is amended to read:
AB383,102,75
943.51
(3r) Any recovery under this section shall be reduced by the amount
6recovered as restitution for the same act under ss. 800.093 and 973.20 or as
7recompense under s.
969.13 (5) (a) 969.42 for the same act.
AB383,293
8Section
293. 946.42 (3) (g) of the statutes is amended to read:
AB383,102,109
946.42
(3) (g) Committed to the department of health services under ch.
971 10975, 2011 stats., or
ch. 975.
AB383,294
11Section
294. 946.49 (1) (intro.) of the statutes is amended to read:
AB383,102,1312
946.49
(1) (intro.) Whoever, having been released from custody under
s. 974.09
13or ch. 969, intentionally fails to comply with the terms of his or her bond is:
AB383,295
14Section
295. 946.49 (2) of the statutes is amended to read:
AB383,102,1715
946.49
(2) A witness for whom
bail has been required conditions of release have
16been set under s.
969.01 (3) 969.52 is guilty of a Class I felony for failure to appear
17as provided.
AB383,102,23
20946.52 Failure to submit biological specimen. Whoever intentionally fails
21to comply with a requirement to submit a biological specimen under s. 165.76, 165.84
22(7), 938.21 (1m), 938.30 (2m), 938.34 (15),
970.02 (8)
971.027 (7), 973.047, or 980.063
23is guilty of a Class A misdemeanor.
AB383,297
24Section
297. 946.60 (1) of the statutes is amended to read:
AB383,103,6
1946.60
(1) Whoever intentionally destroys, alters, mutilates, conceals,
2removes, withholds
, or transfers possession of a document
or other object, knowing
3that
a subpoena has been issued for the document
has been subpoenaed or other 4object by a court
or, by or at the request of a district attorney or the attorney general,
5or by an attorney of record in a criminal case or a case under ch. 938 or 980, is guilty
6of a Class I felony.
AB383,298
7Section
298. 946.86 (2) of the statutes is amended to read:
AB383,103,138
946.86
(2) Any criminal complaint alleging violation of s. 946.83 or 946.85 shall
9allege the extent of property subject to forfeiture under this section. At trial, the trier
10of fact shall return a special verdict determining the extent of property, if any, to be
11subject to forfeiture under this section. When a special verdict contains a finding of
12property subject to a forfeiture under this section, a judgment of criminal forfeiture
13shall be entered along with the judgment of conviction under s.
972.13 972.28.
AB383,299
14Section
299. 946.87 (2) (am) of the statutes is amended to read:
AB383,103,2215
946.87
(2) (am) Notwithstanding par. (a), property described in par. (a) is
16subject to forfeiture if the person who violated s. 946.83 or 946.85 has not been
17convicted, but he or she is a defendant in a criminal proceeding, is released, pending
18trial, on
bail, as defined in s. 969.001 conditions under ch. 969, and fails to appear
19in court regarding the criminal proceeding. However, before making the final
20determination of any action under this section, the court must determine that the
21party bringing the action can prove the person committed the violation of s. 946.83
22or 946.85.
AB383,300
23Section
300. 948.015 (9) of the statutes is amended to read:
AB383,104,3
1948.015
(9) A crime that involves an act of domestic abuse, as defined in s.
2968.075 969.27 (1) (a), if the court includes in its reasoning under s. 973.017 (10m)
3for its sentencing decision the aggravating factor under s. 973.017 (6m).
AB383,301
4Section
301. 948.31 (5) of the statutes is amended to read:
AB383,104,65
948.31
(5) The venue of an action under this section is prescribed in s.
971.19 6970.14 (8).
AB383,302
7Section
302. 948.50 (4) (c) of the statutes is amended to read:
AB383,104,98
948.50
(4) (c) Is committed, transferred
, or admitted under ch.
975, 2011 stats.,
9or ch. 51
, 971 or 975.
AB383,303
10Section
303. 948.50 (5) of the statutes is amended to read:
AB383,104,1211
948.50
(5) This section does not apply to any law enforcement officer
12conducting a strip search under s.
968.255 968.585.
AB383,304
13Section
304. 949.165 (1) (a) of the statutes is amended to read:
AB383,104,1614
949.165
(1) (a) "Serious crime" has the meaning designated in s.
969.08 (10) 15969.51 (7) (b) and includes solicitation, conspiracy or attempt to commit a serious
16crime.
AB383,305
17Section
305. 949.165 (9) of the statutes is amended to read:
AB383,104,2118
949.165
(9) Interpleader. If a court determines that a person accused of a
19serious crime is incompetent to proceed under s.
971.14 975.34 or if the charges are
20dismissed without prejudice, the department shall bring an action of interpleader to
21determine the disposition of the escrow account.
AB383,306
22Section
306. 950.04 (1v) (b) of the statutes is amended to read:
AB383,105,423
950.04
(1v) (b) To attend court proceedings in the case, subject to ss. 906.15 and
24938.299 (1). The court may require the victim to exercise his or her right under this
25paragraph using telephone or live audiovisual means, if available, if the victim is
1under arrest, incarcerated, imprisoned or otherwise detained by any law
2enforcement agency or is admitted or committed on an inpatient basis to a treatment
3facility under ch. 51,
971 975, or 980, and the victim does not have a person specified
4in s. 950.02 (4) (a) 3. to exercise the victim's right under this paragraph.
AB383,307
5Section
307. 950.04 (1v) (d) of the statutes is amended to read:
AB383,105,86
950.04
(1v) (d) To request an order for, and to be given the results of, testing
7to determine the presence of a communicable disease, as provided under
ss. s. 8938.296 or
968.38 968.725.
AB383,308
9Section
308. 950.04 (1v) (dL) of the statutes is amended to read: