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359. 967.05 (1) (b) and (c) of the statutes are repealed.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360. 967.05 (2) and (3) of the statutes are repealed.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:
AB383,122,1010
967.21
(2) (title)
Procedure.
AB383,385
11Section
385. 967.21 (3) (title) of the statutes is created to read:
AB383,122,1212
967.21
(3) (title)
Applicability of civil rules.
AB383,386
13Section
386. 967.21 (4) (title) of the statutes is created to read:
AB383,122,1414
967.21
(4) (title)
Attendance by defendant.
AB383,387
15Section
387. 967.21 (5) (title) of the statutes is created to read:
AB383,122,1616
967.21
(5) (title)
Use at trial or hearing.
AB383,388
17Section
388. 967.21 (6) (title) of the statutes is created to read:
AB383,122,1818
967.21
(6) (title)
Objections.
AB383,389
19Section
389. 967.22 (title) of the statutes is created to read:
AB383,122,20
20967.22 (title)
Deposition of a child by audiovisual means.
AB383,390
21Section
390. 968.01 (title) of the statutes is renumbered 970.07 (title) and
22amended to read:
AB383,122,23
23970.07 (title)
Complaint; contents and oath.
AB383,391
24Section
391. 968.01 (1) (intro.), (a) and (b) of the statutes are renumbered
25970.07 (1) (intro.), (a) and (b).
AB383,392
1Section
392. 968.01 (1) (c) of the statutes is repealed.
AB383,393
2Section
393. 968.01 (2) of the statutes is renumbered 970.07 (2) and amended
3to read:
AB383,123,94
970.07
(2) The complaint
is a written statement of the shall specify the time
5and place each crime charged was committed, the section of the statutes alleged to
6have been violated, and the maximum penalty prescribed for each crime charged.
7The complaint shall include a statement of the essential facts constituting the
8offense crime charged
. A person may make a complaint on, signed by the person on
9whose knowledge, information
, and belief
the statement is based.
AB383,123,11
10(3) Except as provided in sub.
(3)
(4) or (5), the complaint shall be made upon
11oath before a district attorney
or judge as provided in this chapter.
AB383,394
12Section
394. 968.01 (3) of the statutes is renumbered 970.07 (4) and amended
13to read:
AB383,123,2014
970.07
(4) A person may comply with sub. (2) if he or she makes the oath by
15telephone contact with the district attorney
or judge, signs the statement
, and
16immediately thereafter transmits a
copy facsimile of the signed statement to the
17district attorney
or judge using a facsimile machine. The person shall also transmit
18the original signed statement
, without using a facsimile machine, to the district
19attorney
or judge, who shall file it with the clerk. If the complaint is filed, both the
20original and the
copy facsimile shall be filed under s.
968.02 (2) 970.08.
AB383,395
21Section
395. 968.01 (4) of the statutes is renumbered 970.07 (5).
AB383,396
22Section
396. Subchapter I (title) of chapter 968 [precedes 968.015] of the
23statutes is created to read:
AB383,123,2424
chapter 968
AB383,124,2
1subchapter I
2
Inquests
AB383,397
3Section
397. 968.02 (title) and (1) of the statutes are renumbered 970.08 (title)
4and (1) and amended to read:
AB383,124,11
5970.08 (title)
Issuance and filing of complaints Filing the complaint. 6(1) Except as otherwise provided in this section, a complaint charging a person with
7an offense shall be issued only by a Only the district attorney of the county where
8the a crime
is alleged to have been committed. A complaint is issued when it is
9approved for filing by the district attorney. The approval shall be in the form of a
10written endorsement on the complaint may be tried under s. 970.14 may file a
11complaint.
AB383,398
12Section
398. 968.02 (2) of the statutes is repealed.
AB383,399
13Section
399. 968.02 (3) of the statutes is repealed.
AB383,400
14Section
400. 968.02 (4) of the statutes is repealed.
AB383,401
15Section
401. 968.025 (title) of the statutes is created to read:
AB383,124,16
16968.025 (title)
Inquest procedures.