AB383: Bill Text

AB383,120,12 (c) Motions for extension of time under ss. 970.03 (2), 971.10 or other statutes.

AB383,372 Section 372. 967.08 (2) (d) of the statutes is repealed.

AB383,373 Section 373. 967.08 (3) (intro.) of the statutes is renumbered 967.14 (1) (f) (intro.) and amended to read:

AB383,120,19 967.14 (1) (f) (intro.) Non-evidentiary proceedings on the following matters may be conducted under sub. (1) on request of either party. The request and the opposing party's showing of good cause for not conducting the proceeding under sub. (1) may be made by telephone.:

AB383,374 Section 374. 967.08 (3) (a) to (f) of the statutes are renumbered 967.14 (1) (f) 1. to 6. and amended to read:

AB383,120,23 967.14 (1) (f) 1. Setting, review, and modification of bail and other conditions of release under s. 974.09 or ch. 969.

AB383,120,25 2. Motions for severance under s. 971.12 (3) 971.68 (2) or consolidation joint trial of charges under s. 971.12 (4) 971.67.

AB383,121,2 3. Motions for testing of physical evidence under s. 971.23 (5) discovery or for protective orders under s. 971.23 (6) subch. IV of ch. 971.

AB383,121,4 4. Motions under s. 971.31 directed to the sufficiency of the complaint or the affidavits supporting basis for the issuance of a warrant for arrest or search.

AB383,121,5 5. Motions in limine, including those under s. 972.11 (2) (b).

AB383,121,7 6. Motions to postpone, including those under s. 971.29 related to scheduling under subch. III of ch. 971.

AB383,375 Section 375. 967.09 of the statutes is renumbered 967.14 (6), and 967.14 (6) (title), as renumbered, is amended to read:

AB383,121,10 967.14 (6) (title) Interpreters may serve by telephone or video.

AB383,376 Section 376. 967.10 of the statutes is renumbered 967.23.

AB383,377 Section 377. 967.11 of the statutes, as affected by 2013 Wisconsin Act 20 is renumbered 970.16.

AB383,378 Section 378. 967.12 (3) of the statutes is created to read:

AB383,121,16 967.12 (3) If trial is waived, when the court accepts the defendant's plea of guilty or no contest.

AB383,379 Section 379. 967.13 (1) (a) and (b) of the statutes are created to read:

AB383,121,18 967.13 (1) (a) The initial appearance.

AB383,121,19 (b) Any proceeding at which a plea is entered or withdrawn.

AB383,380 Section 380. 967.13 (1) (i) of the statutes is created to read:

AB383,121,21 967.13 (1) (i) Sentencing.

AB383,381 Section 381. 967.14 (1) (d) of the statutes is created to read:

AB383,121,23 967.14 (1) (d) Entry of a plea other than one that results in a finding of guilt.

AB383,382 Section 382. 967.14 (2) of the statutes is created to read:

AB383,122,2 967.14 (2) Criteria for good cause. In determining good cause under sub. (1), the court may consider the criteria under s. 885.56 (1).

AB383,383 Section 383. 967.14 (4) of the statutes is created to read:

AB383,122,6 967.14 (4) Pleas of guilty or no contest and sentencing. If the district attorney, the defendant, and defense counsel consent, the court may permit any of the following proceedings to be conducted by telephone:

AB383,122,7 (a) A proceeding to accept a plea of guilty or no contest.

AB383,122,8 (b) A sentencing proceeding.

AB383,384 Section 384. 967.21 (2) (title) of the statutes is created to read:

AB383,122,10 967.21 (2) (title) Procedure.

AB383,385 Section 385. 967.21 (3) (title) of the statutes is created to read:

AB383,122,12 967.21 (3) (title) Applicability of civil rules.

AB383,386 Section 386. 967.21 (4) (title) of the statutes is created to read:

AB383,122,14 967.21 (4) (title) Attendance by defendant.

AB383,387 Section 387. 967.21 (5) (title) of the statutes is created to read:

AB383,122,16 967.21 (5) (title) Use at trial or hearing.

AB383,388 Section 388. 967.21 (6) (title) of the statutes is created to read:

AB383,122,18 967.21 (6) (title) Objections.

AB383,389 Section 389. 967.22 (title) of the statutes is created to read:

AB383,122,20 967.22 (title) Deposition of a child by audiovisual means.

AB383,390 Section 390. 968.01 (title) of the statutes is renumbered 970.07 (title) and amended to read:

AB383,122,23 970.07 (title) Complaint; contents and oath.

AB383,391 Section 391. 968.01 (1) (intro.), (a) and (b) of the statutes are renumbered 970.07 (1) (intro.), (a) and (b).

AB383,392 Section 392. 968.01 (1) (c) of the statutes is repealed.

AB383,393 Section 393. 968.01 (2) of the statutes is renumbered 970.07 (2) and amended to read:

AB383,123,9 970.07 (2) The complaint is a written statement of the shall specify the time and place each crime charged was committed, the section of the statutes alleged to have been violated, and the maximum penalty prescribed for each crime charged. The complaint shall include a statement of the essential facts constituting the offense crime charged. A person may make a complaint on, signed by the person on whose knowledge, information, and belief the statement is based.

AB383,123,11 (3) Except as provided in sub. (3) (4) or (5), the complaint shall be made upon oath before a district attorney or judge as provided in this chapter.

AB383,394 Section 394. 968.01 (3) of the statutes is renumbered 970.07 (4) and amended to read:

AB383,123,20 970.07 (4) A person may comply with sub. (2) if he or she makes the oath by telephone contact with the district attorney or judge, signs the statement, and immediately thereafter transmits a copy facsimile of the signed statement to the district attorney or judge using a facsimile machine. The person shall also transmit the original signed statement, without using a facsimile machine, to the district attorney or judge, who shall file it with the clerk. If the complaint is filed, both the original and the copy facsimile shall be filed under s. 968.02 (2) 970.08.

AB383,395 Section 395. 968.01 (4) of the statutes is renumbered 970.07 (5).

AB383,396 Section 396. Subchapter I (title) of chapter 968 [precedes 968.015] of the statutes is created to read:

AB383,123,24 chapter 968

AB383,124,2 subchapter I Inquests

AB383,397 Section 397. 968.02 (title) and (1) of the statutes are renumbered 970.08 (title) and (1) and amended to read:

AB383,124,11 970.08 (title) Issuance and filing of complaints Filing the complaint. (1) Except as otherwise provided in this section, a complaint charging a person with an offense shall be issued only by a Only the district attorney of the county where the a crime is alleged to have been committed. A complaint is issued when it is approved for filing by the district attorney. The approval shall be in the form of a written endorsement on the complaint may be tried under s. 970.14 may file a complaint.

AB383,398 Section 398. 968.02 (2) of the statutes is repealed.

AB383,399 Section 399. 968.02 (3) of the statutes is repealed.

AB383,400 Section 400. 968.02 (4) of the statutes is repealed.

AB383,401 Section 401. 968.025 (title) of the statutes is created to read:

AB383,124,16 968.025 (title) Inquest procedures.

AB383,402 Section 402. 968.025 (3) of the statutes is created to read:

AB383,124,20 968.025 (3) Where conducted. An inquest may be held in any county in this state in which venue would lie for the trial of any offense that could be charged as the result of or involving the death.

AB383,403 Section 403. 968.025 (4) (title) of the statutes is created to read:

AB383,124,22 968.025 (4) (title) Jury selection.

AB383,404 Section 404. 968.025 (4) (e) of the statutes is created to read:

AB383,125,3 968.025 (4) (e) The court shall select the inquest jury by lot once a panel of at least 12 potential jurors has been qualified. If the inquest is likely to be protracted, the judge may select also one or more alternate jurors by lot. If more than 6 jurors remain after all of the evidence is presented, the court shall determine by lot which jurors will not participate in deliberations and discharge them.

AB383,405 Section 405. 968.03 (title) and (3) of the statutes are repealed.

AB383,406 Section 406. 968.03 (1) of the statutes is repealed.

AB383,407 Section 407. 968.03 (2) of the statutes is renumbered 969.20 (8) and amended to read:

AB383,125,13 969.20 (8) Withdrawal of warrant or summons and complaint. An unserved warrant, or summons and complaint in a case in which an initial appearance has not been held shall, at the request of the district attorney, be returned to the judge who may dismiss the action. Such court, and the court shall dismiss the action. The request shall be in writing, it and shall state the reasons therefor in writing and shall be filed with the clerk for which it is made.

AB383,408 Section 408. 968.035 (title) of the statutes is created to read:

AB383,125,15 968.035 (title) Witnesses.

AB383,409 Section 409. 968.04 (title) of the statutes is renumbered 969.20 (title) and amended to read:

AB383,125,19 969.20 (title) Warrant Issuance of arrest warrant or summons on complaint.

AB383,410 Section 410. 968.04 (1) (intro.) of the statutes is renumbered 969.20 (1) and amended to read:

AB383,126,9 969.20 (1) Warrants In general. If it appears from the complaint, or from an affidavit or affidavits filed with the complaint or after an examination under oath of the complainant or witnesses, when the a judge determines that this is necessary, that there is probable cause to believe that an offense has been committed and that the accused has committed it, the judge shall issue a warrant for the arrest of the defendant accused or a summons in lieu thereof. The probable cause determination may be based on a criminal complaint, an affidavit filed with the criminal complaint, or if the judge determines it is necessary, after an examination under oath of the complainant or witness. The warrant or summons shall be delivered forthwith to a law enforcement officer for service. If the judge does not find probable cause to believe that an offense has been committed or that the accused has committed it, the judge shall record that finding on the complaint, file the complaint with the clerk, and dismiss the action without prejudice.

AB383,411 Section 411. 968.04 (1) (a) of the statutes is repealed.

AB383,412 Section 412. 968.04 (1) (b) of the statutes is renumbered 969.20 (4) and amended to read:

AB383,126,19 969.20 (4) Issuance by judge from another county. A warrant or summons may be issued by a judge in another county may issue a warrant or summons when there is no available judge of the county in which the complaint is issued. The warrant or summons shall be returnable before a judge to a court in the county in which the offense alleged in the complaint was committed, and the summons shall be returnable before the circuit court of the county in which the offense alleged in the complaint was committed issued.

AB383,413 Section 413. 968.04 (1) (c) of the statutes is renumbered 969.20 (5) and amended to read:

AB383,126,23 969.20 (5) Geographical limits. A judge issuing an arrest warrant may specify geographical limits for its enforcement of a warrant.

AB383,414 Section 414. 968.04 (1) (d) of the statutes is renumbered 969.20 (3) and amended to read:

AB383,127,9 969.20 (3) Examination by telephone. An A judge may permit an examination of the complainant or witness under sub. (1) may or (2) to take place by telephone on request of the person seeking the warrant or summons unless good cause to the contrary appears. The judge shall place each complainant or witness under oath and arrange for all sworn testimony to be recorded, either by a stenographic reporter or by means of a voice recording device. The judge shall have the record transcribed. The transcript, certified as accurate by the judge or reporter, as appropriate, shall be filed with the court. If the testimony was recorded by means of a voice recording device, the judge shall also file the original recording with the court.

AB383,415 Section 415. 968.04 (2) (title) of the statutes is repealed.

AB383,416 Section 416. 968.04 (2) (a) of the statutes is renumbered 969.20 (7) (a) and amended to read:

AB383,127,16 969.20 (7) (a) In After issuing a complaint in any case, the district attorney, after the issuance of a complaint, may issue a summons in lieu of requesting the issuance of a warrant. The complaint district attorney shall then be filed file the complaint with the clerk.

AB383,417 Section 417. 968.04 (2) (b) of the statutes is renumbered 969.20 (7) (b).