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:
AB383,105,1410
950.04
(1v) (dL) To not be the subject of a law enforcement officer's or district
11attorney's order, request, or suggestion that he or she submit to a test using a lie
12detector, as defined in s. 111.37 (1) (b), if he or she claims to have been the victim of
13a sexual assault under s. 940.22 (2), 940.225, 948.02 (1) or (2), or 948.085, except as
14permitted under s.
968.265 968.595.
AB383,309
15Section
309. 950.04 (1v) (e) of the statutes is amended to read:
AB383,105,1716
950.04
(1v) (e) To be provided a waiting area under ss. 938.2965 and
967.10 17967.23.
AB383,310
18Section
310. 950.04 (1v) (em) of the statutes is amended to read:
AB383,105,2119
950.04
(1v) (em) To have his or her interests considered by the court in
20determining whether to exclude persons from a
preliminary probable cause or
21retention hearing
concerning a juvenile, as provided under s.
970.03 (4) 971.75.
AB383,311
22Section
311. 950.04 (1v) (g) of the statutes is amended to read:
AB383,105,2523
950.04
(1v) (g) To have reasonable attempts made to notify the victim of
24hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
25938.27 (4m) and (6), 938.273 (2), 971.095 (3)
, and
972.14 973.003 (3) (b).
AB383,312
1Section
312. 950.04 (1v) (L) of the statutes is amended to read:
AB383,106,52
950.04
(1v) (L) To have the district attorney or corporation counsel, whichever
3is applicable, make a reasonable attempt to contact the victim concerning the
4victim's right to make a statement, as provided under ss. 938.32 (1) (b) 2., 938.335
5(3m) (b) and
972.14 973.003 (3) (b).
AB383,313
6Section
313. 950.04 (1v) (m) of the statutes is amended to read:
AB383,106,97
950.04
(1v) (m) To provide statements concerning sentencing, disposition, or
8parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and
9972.14 973.003 (3) (a).
AB383,314
10Section
314. 950.04 (1v) (p) of the statutes is amended to read:
AB383,106,1311
950.04
(1v) (p) To have the person preparing a presentence investigation under
12s.
972.15 973.004 make a reasonable attempt to contact the victim, as provided in s.
13972.15 973.004 (2m).
AB383,315
14Section
315. 950.04 (1v) (qm) of the statutes is amended to read:
AB383,106,1515
950.04
(1v) (qm) To recompense as provided under s.
969.13 (5) (a) 969.42.
AB383,316
16Section
316. 950.04 (1v) (s) of the statutes is amended to read:
AB383,106,2217
950.04
(1v) (s) To have any stolen or other personal property expeditiously
18returned by law enforcement agencies when no longer needed as evidence, subject
19to s.
968.205 968.645. If feasible, all such property, except weapons, currency,
20contraband, property subject to evidentiary analysis, property subject to
21preservation under s.
968.205 968.645, and property the ownership of which is
22disputed, shall be returned to the person within 10 days of being taken.
AB383,317
23Section
317. 950.04 (1v) (um) of the statutes is amended to read:
AB383,107,3
1950.04
(1v) (um) To have district attorneys make a reasonable attempt to notify
2the victim under s.
971.17 (4m) 975.62 (2) regarding conditional releases under s.
3971.17 975.57 (4) or 975.59.
AB383,318
4Section
318. 950.04 (1v) (x) of the statutes is amended to read:
AB383,107,85
950.04
(1v) (x) To have the department of health services make a reasonable
6attempt to notify the victim under s.
971.17 (6m)
975.62 (3) regarding termination
7or discharge under s.
971.17 975.60 or 975.61 and under s. 51.37 (10) regarding home
8visits under s. 51.37 (10).
AB383,319
9Section
319. 950.04 (2w) (f) of the statutes is amended to read:
AB383,107,1110
950.04
(2w) (f) To be provided a waiting area under ss. 938.2965 and
967.10 11967.23.
AB383,320
12Section
320. 950.055 (2) (b) of the statutes is amended to read:
AB383,107,1713
950.055
(2) (b) Advice to the judge, when appropriate and as a friend of the
14court, regarding the child's ability to understand proceedings and questions. The
15services may include providing assistance in determinations concerning the taking
16of depositions by audiovisual means under s. 908.08 or
967.04 (7) and (8) 967.22 and
17the duty to expedite proceedings under
s. ss. 938.315 (2) and 971.105.
AB383,321
18Section
321. 950.08 (2g) (c) of the statutes is amended to read:
AB383,107,2519
950.08
(2g) (c) The address and telephone number of the intake worker,
20corporation counsel
, or district attorney whom the victim may contact to obtain
21information concerning the rights of victims and to request notice of court
22proceedings under ss. 938.27 (4m) and (6), 938.273 (2), 938.299 (1) (am) and 938.335
23(3m) (b) or ss. 971.095 (3) and
972.14 973.003 (3) (b), whichever is applicable, and to
24request the opportunity to confer under
ss. s. 938.245 (1m), 938.265
, or 938.32 (1)
25(am) or s. 971.095 (2), whichever is applicable.
AB383,322
1Section
322. 950.08 (2g) (e) of the statutes is amended to read:
AB383,108,52
950.08
(2g) (e) The address and telephone number of the custodial agency that
3the victim may contact for information concerning release under s. 938.20
or, 938.21
,
4or 974.09 or ch. 969, whichever is appropriate, of a person arrested or taken into
5custody for the crime of which he or she is a victim.