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365. 967.06 (2) (b) of the statutes is repealed.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367. 967.07 of the statutes is repealed.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.
AB383,402
17Section
402. 968.025 (3) of the statutes is created to read:
AB383,124,2018
968.025
(3) Where conducted. An inquest may be held in any county in this
19state in which venue would lie for the trial of any offense that could be charged as
20the result of or involving the death.
AB383,403
21Section
403. 968.025 (4) (title) of the statutes is created to read:
AB383,124,2222
968.025
(4) (title)
Jury selection.
AB383,404
23Section
404. 968.025 (4) (e) of the statutes is created to read:
AB383,125,324
968.025
(4) (e) The court shall select the inquest jury by lot once a panel of at
25least 12 potential jurors has been qualified. If the inquest is likely to be protracted,
1the judge may select also one or more alternate jurors by lot. If more than 6 jurors
2remain after all of the evidence is presented, the court shall determine by lot which
3jurors will not participate in deliberations and discharge them.
AB383,405
4Section
405. 968.03 (title) and (3) of the statutes are repealed.
AB383,406
5Section
406. 968.03 (1) of the statutes is repealed.
AB383,407
6Section
407. 968.03 (2) of the statutes is renumbered 969.20 (8) and amended
7to read:
AB383,125,138
969.20
(8) Withdrawal of warrant or summons and complaint. An unserved
9warrant
, or summons
and complaint in a case in which an initial appearance has not
10been held shall, at the request of the district attorney, be returned to the
judge who
11may dismiss the action. Such court, and the court shall dismiss the action. The 12request shall be in writing
, it and shall state the reasons
therefor in writing and shall
13be filed with the clerk for which it is made.
AB383,408
14Section
408. 968.035 (title) of the statutes is created to read:
AB383,125,15
15968.035 (title)
Witnesses.
AB383,409
16Section
409. 968.04 (title) of the statutes is renumbered 969.20 (title) and
17amended to read: