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392. 968.01 (1) (c) of the statutes is repealed.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:
AB383,125,19
18969.20 (title)
Warrant Issuance of arrest warrant or summons on
19complaint.
AB383,410
20Section
410. 968.04 (1) (intro.) of the statutes is renumbered 969.20 (1) and
21amended to read:
AB383,126,922
969.20
(1) Warrants
In general. If
it appears from the complaint, or from an
23affidavit or affidavits filed with the complaint or after an examination under oath of
24the complainant or witnesses, when the a judge determines that
this is necessary,
25that there is probable cause to believe that an offense has been committed and that
1the accused has committed it, the judge shall issue a warrant for the arrest of the
2defendant accused or a summons in lieu thereof.
The probable cause determination
3may be based on a criminal complaint, an affidavit filed with the criminal complaint,
4or if the judge determines it is necessary, after an examination under oath of the
5complainant or witness. The warrant or summons shall be delivered
forthwith to a
6law enforcement officer for service.
If the judge does not find probable cause to
7believe that an offense has been committed or that the accused has committed it, the
8judge shall record that finding on the complaint, file the complaint with the clerk,
9and dismiss the action without prejudice.
AB383,411
10Section
411. 968.04 (1) (a) of the statutes is repealed.
AB383,412
11Section
412. 968.04 (1) (b) of the statutes is renumbered 969.20 (4) and
12amended to read:
AB383,126,1913
969.20
(4) Issuance by judge from another county. A
warrant or summons
14may be issued by a judge in another county
may issue a warrant or summons when
15there is no available judge of the county in which the complaint is issued. The
16warrant
or summons shall be returnable
before a judge to a court in the county in
17which the
offense alleged in the complaint was
committed, and the summons shall
18be returnable before the circuit court of the county in which the offense alleged in the
19complaint was committed issued.
AB383,413
20Section
413. 968.04 (1) (c) of the statutes is renumbered 969.20 (5) and
21amended to read:
AB383,126,2322
969.20
(5) Geographical limits. A judge
issuing an arrest warrant may specify
23geographical limits for
its enforcement
of a warrant.
AB383,414
24Section
414. 968.04 (1) (d) of the statutes is renumbered 969.20 (3) and
25amended to read:
AB383,127,9
1969.20
(3) Examination by telephone. An A judge may permit an examination
2of the complainant or witness under sub. (1)
may
or (2) to take place by telephone on
3request of the person seeking the warrant or summons unless good cause to the
4contrary appears. The judge shall place each complainant or witness under oath and
5arrange for all sworn testimony to be recorded, either by a stenographic reporter or
6by means of a voice recording device. The judge shall have the record transcribed.
7The transcript, certified as accurate by the judge or reporter, as appropriate, shall
8be filed with the court. If the testimony was recorded by means of a voice recording
9device, the judge shall also file the original recording with the court.
AB383,415
10Section
415. 968.04 (2) (title) of the statutes is repealed.
AB383,416
11Section
416. 968.04 (2) (a) of the statutes is renumbered 969.20 (7) (a) and
12amended to read:
AB383,127,1613
969.20
(7) (a)
In After issuing a complaint in any case
, the district attorney
,
14after the issuance of a complaint, may issue a summons in lieu of requesting the
15issuance of a warrant. The
complaint district attorney shall then
be filed file the
16complaint with the clerk.
AB383,417
17Section
417. 968.04 (2) (b) of the statutes is renumbered 969.20 (7) (b).
AB383,418
18Section
418. 968.04 (2) (c) of the statutes is repealed.
AB383,419
19Section
419. 968.04 (3) (title) of the statutes is repealed.
AB383,420
20Section
420. 968.04 (3) (a) (intro.) of the statutes is renumbered 969.21 (1)
21(intro.) and amended to read:
AB383,127,2322
969.21
(1) Warrant Mandatory provisions. (intro.)
The An arrest warrant
23shall
meet all of the following requirements:
AB383,421
24Section
421. 968.04 (3) (a) 1. to 6. of the statutes are renumbered 969.21 (1)
25(a) to (f) and amended to read:
AB383,128,1
1969.21
(1) (a)
Be The warrant shall be in writing and signed by the judge.
AB383,128,42
(b)
State The warrant shall state the name of the crime
the defendant allegedly
3committed and the
number of the statutory section
charged and number of the
4section alleged to have been that the defendant allegedly violated.
AB383,128,55
(c)
Have The warrant shall have attached to it a copy of the complaint.
AB383,128,86
(d)
State The warrant shall state the name of the person to be arrested, if
7known, or if not known, designate the person to be arrested by any description by
8which the person to be arrested can be identified with reasonable certainty.
AB383,128,109
(e)
State The warrant shall state the date when it was issued
and, the name
10of the judge who issued it
together with, and the title of the judge's office.
AB383,128,1411
(f)
Command The warrant shall command that the person
against whom the
12complaint was made alleged to have committed the crime in par. (b) be arrested and
,
13except as provided in s. 969.20 (4), be brought before the judge issuing the warrant,
14or, if the judge is absent or unable to act, before some other judge in the same county.
AB383,422
15Section
422. 968.04 (3) (a) 7. of the statutes is renumbered 969.26 (1) and
16amended to read:
AB383,128,1817
969.26
(1) Arrest warrant. The An arrest warrant shall be in substantially the
18following form:
AB383,128,1919
STATE OF WISCONSIN,
AB383,128,2020
.... County
AB383,128,2121
State of Wisconsin
AB383,128,2323
.... (Defendant(s))
AB383,128,2424
THE STATE OF WISCONSIN TO ANY LAW ENFORCEMENT OFFICER:
AB383,129,5
1A complaint
or affidavit, copy of which is attached,
having has been filed with
2me
or testimony has been presented before me accusing the defendant(s) of
3committing the crime of .... contrary to sec. ...., Stats., and I
having have found that
4there is probable cause
exists that the crime was committed by to believe the
5defendant(s)
committed that crime.
AB383,129,76
You are, therefore, commanded to arrest the defendant(s) and bring .... before
7me, or, if I am not available, before some other
a judge of this county.
AB383,129,88
Dated ...., .... (year)
AB383,129,99
....(Signature)
AB383,129,1010
....(Title)
AB383,423
11Section
423. 968.04 (3) (a) 8. of the statutes is repealed.
AB383,424
12Section
424. 968.04 (3) (b) (title) of the statutes is renumbered 969.22 (title).
AB383,425
13Section
425. 968.04 (3) (b) 1. of the statutes is renumbered 969.22 (1) and
14amended to read:
AB383,129,1915
969.22
(1) Mandatory provisions. The summons shall command the defendant
16to appear before a court at a certain time and place and shall be in substantially the
17form set forth in
subd. 3. s. 969.26 (2). The complaint and summons may be on the
18same form. If they are, the summons shall be beneath the complaint. If separate
19forms are used, a copy of the complaint shall be attached to the summons.
AB383,426
20Section
426. 968.04 (3) (b) 2. of the statutes is renumbered 969.22 (2) and
21amended to read: