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.
AB383,323
6Section
323. 950.08 (2r) (intro.) of the statutes is amended to read:
AB383,108,137
950.08
(2r) Information to be provided by a district attorney in criminal
8cases. (intro.) As soon as practicable, but in no event later than 10 days after the
9initial appearance under
s. 970.01 or 24 hours before a preliminary examination
10under s. 970.03, whichever is earlier, subch. I of ch. 971 of a person charged with a
11crime in a court of criminal jurisdiction, a district attorney shall make a reasonable
12attempt to provide to each victim of the crime written information on all of the
13following:
AB383,324
14Section
324. 951.01 (4) of the statutes is amended to read:
AB383,108,1615
951.01
(4) "Law enforcement officer" has the meaning assigned under s.
967.02
16(5) 967.025 (13) but does not include a conservation warden appointed under s. 23.10.
AB383,325
17Section
325. 961.48 (2m) (a) of the statutes is amended to read:
AB383,108,2518
961.48
(2m) (a) Whenever a person charged with a felony offense under this
19chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
20not subject to an enhanced penalty under sub. (1) unless any applicable prior
21convictions are alleged in the complaint
, or indictment
or information or in an
22amended complaint
, or indictment
or information that is filed under par. (b) 1. A
23person is not subject to an enhanced penalty under sub. (1) for an offense if an
24allegation of applicable prior convictions is withdrawn by an amended complaint
or
25indictment filed under par. (b) 2.
AB383,326
1Section
326. 961.48 (2m) (b) (intro.) of the statutes is amended to read:
AB383,109,52
961.48
(2m) (b) (intro.) Notwithstanding s.
971.29 970.09 (1), at any time before
3entry of a guilty or no contest plea or the commencement of a trial, a district attorney
4may file without leave of the court an amended complaint
, information or indictment
5that does any of the following:
AB383,327
6Section
327. 961.56 (1) of the statutes is amended to read:
AB383,109,107
961.56
(1) It is not necessary for the state to negate any exemption or exception
8in this chapter in any complaint,
information, indictment
, or other pleading or in
9any trial, hearing or other proceeding under this chapter. The burden of proof of any
10exemption or exception is upon the person claiming it.
AB383,328
11Section
328. 967.01 of the statutes is amended to read:
AB383,109,16
12967.01 Title and effective date. Chapters 967 to 979 may be referred to as
13the criminal procedure code and shall be interpreted as a unit. Chapters 967 to 979
14shall govern all criminal proceedings
and is effective on July 1, 1970. Chapters 967
15to 979 apply in all prosecutions commenced on or after that date. Prosecutions
16commenced prior to July 1, 1970, shall be governed by the law existing prior thereto.
AB383,329
17Section
329. 967.02 (title) of the statutes is repealed.
AB383,330
18Section
330. 967.02 (intro.) of the statutes is renumbered 967.025 (intro.).
AB383,331
19Section
331. 967.02 (1) of the statutes is renumbered 967.025 (4) and amended
20to read:
AB383,109,2221
967.025
(4) "Clerk" means the clerk of circuit court of the county
including and
22includes the clerk's deputies.
AB383,332
23Section
332. 967.02 (2) of the statutes is renumbered 967.025 (9) and amended
24to read:
AB383,110,2
1967.025
(9) "Department" means the department of corrections, except as
2provided in
ss. 971.14 and 975.001 s. 975.20 (1) for purposes of ch. 975.
AB383,333
3Section
333. 967.02 (3) and (4) of the statutes are repealed.
AB383,334
4Section
334. 967.02 (5) of the statutes is renumbered 967.025 (13).
AB383,335
5Section
335. 967.02 (6) of the statutes is renumbered 967.025 (12) and
6amended to read:
AB383,110,87
967.025
(12) "Judge" means judge of
a the circuit court
of record
and includes
8a court commissioner acting within the scope of authority conferred under s. 757.69.
AB383,336
9Section
336. 967.02 (7) of the statutes is renumbered 967.025 (6) and amended
10to read:
AB383,110,1311
967.025
(6) "Court" means the circuit court unless otherwise indicated
and
12includes a court commissioner acting within the scope of authority conferred under
13s. 757.69.
AB383,337
14Section
337. 967.02 (8) of the statutes is repealed.
AB383,338
15Section
338. 967.025 (title) of the statutes is created to read:
AB383,110,16
16967.025 (title)
Definitions.
AB383,339
17Section
339. 967.025 (2) of the statutes is created to read:
AB383,110,1918
967.025
(2) "Bond" means a promise by a person in custody to appear in court
19as required and to comply with other conditions.
AB383,340
20Section
340. 967.025 (3) of the statutes is created to read:
AB383,110,2221
967.025
(3) "Citation" means a directive, issued by a law enforcement officer,
22that a person appear in court or the district attorney's office.
AB383,341
23Section
341. 967.025 (5) of the statutes is created to read:
AB383,111,224
967.025
(5) "Complaint" or "criminal complaint" means the written statement
25of the essential facts constituting the crime charged that is issued by a district
1attorney. "Complaint" or "criminal complaint" includes a citation endorsed by a
2district attorney under s. 969.24 (5).
AB383,342
3Section
342. 967.025 (7) of the statutes is created to read:
AB383,111,64
967.025
(7) "Crime" means conduct that is prohibited by state law and
5punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture
6is not a crime.
AB383,343
7Section
343. 967.025 (8) of the statutes is created to read:
AB383,111,98
967.025
(8) "Crime considered at sentencing" means any crime for which the
9defendant was convicted and any read-in crime.
AB383,344
10Section
344. 967.025 (10) of the statutes is created to read:
AB383,111,1411
967.025
(10) "District attorney" includes any duly qualified deputies and
12assistants and includes a special prosecutor under s. 978.045, a person assisting
13under s. 978.05 (8) (b), and the attorney general in cases in which he or she is
14authorized to investigate or prosecute.
AB383,345
15Section
345. 967.025 (11) of the statutes is created to read: