AB383,111,2016
967.025
(11) "Felony" means a crime punishable by imprisonment in the
17Wisconsin state prisons, but does not include a crime that is punishable by
18imprisonment in prison only as a result of the application of a penalty increase
19provision that does not specifically provide that application of the penalty increase
20makes the crime a felony.
AB383,346
21Section
346. 967.025 (14) of the statutes is created to read:
AB383,111,2222
967.025
(14) "Misdemeanor" means a crime other than a felony.
AB383,347
23Section
347. 967.025 (15) of the statutes is created to read:
AB383,111,2424
967.025
(15) "Motion" means an application for an order.
AB383,348
25Section
348. 967.025 (16) of the statutes is created to read:
AB383,112,4
1967.025
(16) "Read-in crime" means any crime that is uncharged or that is
2dismissed as part of a plea agreement, that the defendant agrees to have considered
3by the court at the time of sentencing, and that the court considers at the time of
4sentencing the defendant for the crime for which the defendant was convicted.
AB383,349
5Section
349. 967.025 (17) of the statutes is created to read:
AB383,112,76
967.025
(17) "Sentencing" means the imposition of a sentence, fine, or
7probation.
AB383,350
8Section
350. 967.03 of the statutes is repealed.
AB383,351
9Section
351. 967.04 (title), (1), (2), (3), (4), (5) and (6) of the statutes are
10renumbered 967.21 (title), (1), (2), (3), (4), (5) and (6), and 967.21 (title), (1) and (4)
11(a), as renumbered, are amended to read:
AB383,112,23
12967.21 (title)
Depositions in criminal proceedings generally. (1) 13Circumstance under which permitted. If it appears that a prospective witness may
14be unable to attend or prevented from attending a criminal trial or hearing, that the
15prospective witness's testimony is material and that it is necessary to take the
16prospective witness's deposition in order to prevent a failure of justice, the court at
17any time after the filing of an indictment or
information complaint may upon motion
18and notice to the parties order that the prospective witness's testimony be taken by
19deposition and that any designated books, papers, documents
, or tangible objects,
20not privileged, be produced at the same time and place. If a witness is committed
21pursuant to s.
969.01 (3) 969.52, the court shall direct that the witness's deposition
22be taken upon notice to the parties.
After the deposition has been subscribed, the
23court shall discharge the witness.
AB383,113,4
24(4) (a) If the state or a witness procures
such an order
under sub. (1), the notice
25shall inform the defendant that the defendant is required to personally attend at the
1taking of the deposition and that the defendant's failure so to do is a waiver of the
2defendant's right to face the witness whose deposition is to be taken. Failure to
3attend shall constitute a waiver unless the defendant was physically unable to
4attend.
AB383,352
5Section
352. 967.04 (7) (a) of the statutes is renumbered 967.22 (1) and
6amended to read:
AB383,113,127
967.22
(1) Circumstance under which permitted. In any criminal prosecution
8or any proceeding under ch. 48 or 938, any party may move the court to order that
9a deposition of a child who has been or is likely to be called as a witness be taken by
10audiovisual means. Upon notice and hearing, the court may issue an order for such
11a deposition if the trial or hearing in which the child may be called will commence
12before one of the following:
AB383,113,1313
(a)
Prior to the The child's 12th birthday
; or.
AB383,113,1614
(b)
Prior to the The child's 16th birthday
and if the court finds
under sub. (2) 15that the interests of justice warrant that the child's testimony be prerecorded for use
16at the trial or hearing
under par. (b).
AB383,353
17Section
353. 967.04 (7) (b) of the statutes is renumbered 967.22 (2), and 967.22
18(2) (intro.), (a), (c), (f), (g) and (h), as renumbered, are amended to read:
AB383,113,2019
967.22
(2) Determining interests of justice. Among the factors
which that the
20court may consider in determining the interests of justice are any of the following:
AB383,113,2321
(a) The child's chronological age, level of development and capacity to
22comprehend the significance of the events
about which the child will testify and to
23verbalize about them.
AB383,114,324
(c) Whether the events about which the child will testify constituted criminal
25or antisocial conduct against the child or a person with whom the child had a close
1emotional relationship and, if the conduct constituted a battery or a sexual assault,
2its duration and the extent of physical or emotional injury
thereby caused
by the
3battery or sexual assault.
AB383,114,54
(f) The child's behavior at or reaction to previous interviews concerning the
5events
involved about which the child will testify.
AB383,114,116
(g) Whether the child blames himself or herself for the events
involved about
7which the child will testify or has ever been told by any person not to disclose them;
8whether the child's prior reports to associates or authorities of the events have been
9disbelieved or not acted upon; and the child's
subjective belief regarding what
10consequences to himself or herself, or persons with whom the child has a close
11emotional relationship, will ensue from providing testimony.
AB383,114,1712
(h) Whether the child manifests or has manifested symptoms associated with
13posttraumatic stress disorder or other mental disorders, including
, without
14limitation, reexperiencing the events, fear of their repetition, withdrawal,
15regression, guilt, anxiety, stress, nightmares, enuresis, lack of self-esteem, mood
16changes, compulsive behaviors, school problems, delinquent or antisocial behavior,
17phobias
, or changes in interpersonal relationships.
AB383,354
18Section
354. 967.04 (8) of the statutes is renumbered 967.22 (3), and 967.22
19(3) (a) and (b) (intro.) and 4., as renumbered, are amended to read:
AB383,115,320
967.22
(3) Procedures. (a) If the court orders a deposition under sub.
(7) (1),
21the judge shall preside at the taking of the deposition and enforce compliance with
22the applicable provisions of ss. 885.44 to 885.47. Notwithstanding s. 885.44 (5),
23counsel may make objections and the judge shall make rulings thereon as at trial.
24The clerk
of court shall keep the certified original recording of a deposition taken
25under sub.
(7) (1) in a secure place. No person may inspect or copy the deposition
1except by order of the court upon a showing that inspection or copying is required for
2editing under s. 885.44 (12) or for the investigation, prosecution
, or defense of the
3action in which it was authorized or the provision of services to the child.
AB383,115,54
(b) (intro.) If the court orders that a deposition be taken by audiovisual means
5under sub.
(7) (1), the court shall do all of the following:
AB383,115,106
4.
Determine that the child understands that it is wrong to tell a lie and will
7testify truthfully if If the child's developmental level or verbal skills are such that
8administration of an oath or affirmation in the usual form would be inappropriate
,
9determine that the child understands that it is wrong to tell a lie and will testify
10truthfully.
AB383,355
11Section
355. 967.04 (9) of the statutes is renumbered 967.22 (4) and amended
12to read:
AB383,115,2113
967.22
(4) Use at trial, hearing, or other proceeding. In any criminal
14prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may
15admit into evidence a recorded deposition taken under
subs. (7) and (8) this section 16without an additional hearing under s. 908.08. In any proceeding under s. 302.113
17(9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order
18that a deposition be taken by audiovisual means and preside at the taking of the
19deposition using the procedure provided in
subs. (7) and (8) this section and may
20admit the recorded deposition into evidence without an additional hearing under s.
21908.08.
AB383,356
22Section
356. 967.04 (10) of the statutes is renumbered 967.22 (5) and amended
23to read:
AB383,116,624
967.22
(5) Subsequent testimony. If a court or hearing examiner admits a
25recorded deposition into evidence under sub.
(9)
(4), the child may not be called as
1a witness at the proceeding in which it was admitted unless the court or hearing
2examiner so orders upon a showing that additional testimony by the child is required
3in the interest of fairness for reasons neither known nor with reasonable diligence
4discoverable at the time of the deposition by the party seeking to call the child. The
5testimony of a child who is required to testify under this subsection may be taken in
6accordance with s.
972.11 (2m) 972.20, if applicable.
AB383,357
7Section
357. 967.05 (title) of the statutes is renumbered 970.06 (title) and
8amended to read:
AB383,116,9
9970.06 (title)
Methods of commencing prosecution.
AB383,358
10Section
358. 967.05 (1) (intro.) and (a) of the statutes are consolidated,
11renumbered 970.06 (1) and amended to read:
AB383,116,1312
970.06
(1) A prosecution
may be is commenced by the filing of
: (a) A a 13complaint
;.
AB383,359
14Section
359. 967.05 (1) (b) and (c) of the statutes are repealed.
AB383,360
15Section
360. 967.05 (2) and (3) of the statutes are repealed.
AB383,361
16Section
361. 967.055 of the statutes is renumbered 970.25, and 970.25 (2) (a)
17and (b), as renumbered, are amended to read:
AB383,117,1218
970.25
(2) (a) Notwithstanding s.
971.29 970.09, if the prosecutor seeks to
19dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
20therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
21use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
22to the court. The application shall state the reasons for the proposed amendment or
23dismissal. The court may approve the application only if the court finds that the
24proposed amendment or dismissal is consistent with the public's interest in deterring
25the operation of motor vehicles by persons who are under the influence of an
1intoxicant, a controlled substance, a controlled substance analog or any combination
2of an intoxicant, controlled substance and controlled substance analog, under the
3influence of any other drug to a degree which renders him or her incapable of safely
4driving, or under the combined influence of an intoxicant and any other drug to a
5degree which renders him or her incapable of safely driving, in deterring the
6operation of motor vehicles by persons with a detectable amount of a restricted
7controlled substance in his or her blood, or in deterring the operation of commercial
8motor vehicles by persons with an alcohol concentration of 0.04 or more. The court
9may not approve an application to amend the vehicle classification from a
10commercial motor vehicle to a noncommercial motor vehicle unless there is evidence
11in the record that the motor vehicle being operated by the defendant at the time of
12his or her arrest was not a commercial motor vehicle.
AB383,118,213
(b) Notwithstanding s.
971.29 970.09, if the prosecutor seeks to dismiss or
14amend a charge under s. 30.681 (1) or a local ordinance in conformity therewith, a
15charge under s. 30.681 (2), a charge under s. 30.684 (5) or a local ordinance in
16conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the
17use of a motorboat, except a sailboat operating under sail alone, the prosecutor shall
18apply to the court. The application shall state the reasons for the proposed
19amendment or dismissal. The court may approve the application only if the court
20finds that the proposed amendment or dismissal is consistent with the public's
21interest in deterring the operation of motorboats by persons who are under the
22influence of an intoxicant, a controlled substance, a controlled substance analog or
23any combination of an intoxicant, controlled substance and controlled substance
24analog, under the influence of any other drug to a degree which renders him or her
25incapable of operating a motorboat safely, or under the combined influence of an
1intoxicant and any other drug to a degree which renders him or her incapable of
2operating a motorboat safely.
AB383,362
3Section
362. 967.057 of the statutes is renumbered 970.15 (6).
AB383,363
4Section
363. 967.06 (title) of the statutes is repealed.
AB383,364
5Section
364. 967.06 (1) and (2) (a) of the statutes are consolidated,
6renumbered 971.013 and amended to read:
AB383,118,20
7971.013 Determination of indigency; appointment of counsel. As soon
8as practicable after a person has been detained or arrested in connection with any
9offense that is punishable by incarceration
, or in connection with any civil
10commitment proceeding, or in any other situation in which a person is entitled to
11counsel regardless of ability to pay under the constitution or laws of the United
12States or this state, the person shall be informed of his or her right to counsel.
(2)
13(a) Except as provided in par. (b), a A person
entitled to counsel under sub. (1) who
14indicates at any time that he or she wants to be represented by a lawyer, and who
15claims that he or she is not able to pay in full for a lawyer's services, shall
16immediately be permitted to contact the authority for indigency determinations
17specified under s. 977.07 (1). The authority for indigency determination in each
18county shall have daily telephone access to the county jail in order to identify all
19persons who are being held in the jail. The jail personnel shall provide by phone
20information requested by the authority.
AB383,365
21Section
365. 967.06 (2) (b) of the statutes is repealed.
AB383,366
22Section
366. 967.06 (3) of the statutes is renumbered 977.072.
AB383,367
23Section
367. 967.07 of the statutes is repealed.
AB383,368
24Section
368. 967.08 (title) of the statutes is renumbered 967.14 (title).
AB383,369
1Section
369. 967.08 (1) of the statutes is renumbered 967.14 (1) (intro.) and
2amended to read:
AB383,119,73
967.14
(1) Proceedings covered. (intro.) Unless good cause to the contrary is
4shown,
the court may permit any of the following proceedings
referred to in this
5section may to be conducted by telephone
or live audiovisual means, if available. If
6the proceeding is required to be reported under SCR 71.01 (2), the
on the request of
7either party:
AB383,119,21
8(5) Procedures. A proceeding
conducted under this section shall be
reported 9recorded by a court reporter
who is in simultaneous voice communication with all
10parties to the proceeding. Regardless of the physical location of any party to the call,
11any plea, waiver, stipulation, motion, objection, decision, order or other action taken
12by the court or any party shall have the same effect as if made in open court. With
13the exceptions of scheduling conferences, pretrial conferences, and, during hours the
14court is not in session, setting, review, modification of bail and other conditions of
15release under ch. 969, the if it is required to be reported under SCR 71.01 (2). The 16proceeding shall be conducted in a courtroom or other place reasonably accessible to
17the public
, with the exception of scheduling conferences, pretrial conferences, and,
18when the court is not in session, the setting, review, or modification of the conditions
19of release. Simultaneous access to the proceeding shall be provided to persons
20entitled to attend by means of a loudspeaker or, upon request to the court, by making
21a person party to the telephone call without charge.
AB383,370
22Section
370. 967.08 (2) (intro.) of the statutes is renumbered 967.14 (3) and
23amended to read:
AB383,120,424
967.14
(3) Requests and objections.
The court may permit the following
25proceedings to be conducted under sub. (1) on the request of either party. The request
1and the opposing party's showing of good cause for not conducting the proceeding A
2party may make a request under sub. (1)
may be made by telephone.
The opposing
3party may show good cause by telephone for not conducting the proceeding under this
4section.
AB383,371
5Section
371. 967.08 (2) (a) to (c) of the statutes are renumbered 967.14 (1) (a)
6to (c) and amended to read:
AB383,120,87
967.14
(1) (a) Initial appearance under
s. 970.01 subch. I of ch. 971 or pretrial
8conference.
AB383,120,109
(b) Waiver of
preliminary examination under s. 970.03, a competency hearing
10under s.
971.14 (4) or 975.34.
AB383,120,11
11(e) Waiver of a jury trial under s.
972.02 972.005 (1).
AB383,120,1212
(c) Motions for extension of time
under ss. 970.03 (2), 971.10 or other statutes.
AB383,372
13Section
372. 967.08 (2) (d) of the statutes is repealed.
AB383,373
14Section
373. 967.08 (3) (intro.) of the statutes is renumbered 967.14 (1) (f)
15(intro.) and amended to read:
AB383,120,1916
967.14
(1) (f) (intro.) Non-evidentiary proceedings on the following matters
17may be conducted under sub. (1) on request of either party. The request and the
18opposing party's showing of good cause for not conducting the proceeding under sub.
19(1) may be made by telephone.:
AB383,374
20Section
374. 967.08 (3) (a) to (f) of the statutes are renumbered 967.14 (1) (f)
211. to 6. and amended to read:
AB383,120,2322
967.14
(1) (f) 1. Setting, review
, and modification of
bail and other conditions
23of release under
s. 974.09 or ch. 969.
AB383,120,2524
2. Motions for severance under s.
971.12 (3) 971.68 (2) or
consolidation joint
25trial of charges under s.
971.12 (4) 971.67.
AB383,121,2
13. Motions for
testing of physical evidence under s. 971.23 (5) discovery or
for
2protective orders under
s. 971.23 (6) subch. IV of ch. 971.
AB383,121,43
4. Motions
under s. 971.31 directed to the sufficiency of the complaint or the
4affidavits supporting basis for the issuance of a warrant for arrest or search.
AB383,121,55
5. Motions in limine
, including those under s. 972.11 (2) (b).
AB383,121,76
6. Motions
to postpone, including those under s. 971.29 related to scheduling
7under subch. III of ch. 971.
AB383,375
8Section
375. 967.09 of the statutes is renumbered 967.14 (6), and 967.14 (6)
9(title), as renumbered, is amended to read:
AB383,121,1010
967.14
(6) (title)
Interpreters
may serve by telephone or video.
AB383,376
11Section
376. 967.10 of the statutes is renumbered 967.23.
AB383,378
14Section
378. 967.12 (3) of the statutes is created to read:
AB383,121,1615
967.12
(3) If trial is waived, when the court accepts the defendant's plea of
16guilty or no contest.
AB383,379
17Section
379. 967.13 (1) (a) and (b) of the statutes are created to read:
AB383,121,1818
967.13
(1) (a) The initial appearance.
AB383,121,1919
(b) Any proceeding at which a plea is entered or withdrawn.
AB383,380
20Section
380. 967.13 (1) (i) of the statutes is created to read:
AB383,121,2121
967.13
(1) (i) Sentencing.
AB383,381
22Section
381. 967.14 (1) (d) of the statutes is created to read:
AB383,121,2323
967.14
(1) (d) Entry of a plea other than one that results in a finding of guilt.
AB383,382
24Section
382. 967.14 (2) of the statutes is created to read:
AB383,122,2
1967.14
(2) Criteria for good cause. In determining good cause under sub. (1),
2the court may consider the criteria under s. 885.56 (1).
AB383,383
3Section
383. 967.14 (4) of the statutes is created to read:
AB383,122,64
967.14
(4) Pleas of guilty or no contest and sentencing. If the district
5attorney, the defendant, and defense counsel consent, the court may permit any of
6the following proceedings to be conducted by telephone:
AB383,122,77
(a) A proceeding to accept a plea of guilty or no contest.
AB383,122,88
(b) A sentencing proceeding.
AB383,384
9Section
384. 967.21 (2) (title) of the statutes is created to read: