AB383: Bill Text

AB383,566 Section 566. 968.48 of the statutes is renumbered 968.235 and amended to read:

AB383,180,22 968.235 Attendance; absence; excuse Grand jury attendance; number required for grand jury session; number required to concur in and indictment. Each grand juror shall attend every session of the grand jury unless excused by the presiding juror. The presiding juror may excuse a grand juror from attending a grand jury session only for a reason which appears to the presiding juror in his or her discretion as good and sufficient cause for the excuse juror's absence. No business may be transacted at any session of the grand jury at which less if fewer than 14 members of the grand jury are in attendance, and no indictment may be found by any grand jury may indict unless at least 12 of their number shall grand jurors concur in the indictment.

AB383,567 Section 567. 968.485 (title) and (1) of the statutes are created to read:

AB383,181,3 968.485 (title) Execution of a search warrant. (1) Knock and announce requirement and exceptions. When seeking to enter a dwelling to execute a search warrant, a law enforcement officer shall first announce the purpose and authority to enter and allow a reasonable time for the door to be opened, unless one of the following applies:

AB383,181,7 (a) The search warrant authorizes the entry of the premises without announcement and delay and the reasonable suspicion under s. 968.465 (6) justifying the authorizing provision continues to exist at the time the warrant is executed.

AB383,181,12 (b) Under the particular circumstances that the warrant is executed, the law enforcement officer has reasonable suspicion, that was not, or reasonably could not have been, known when the warrant was requested, that announcement and delay would be dangerous or futile or would inhibit the effective investigation of the crime by any means including but not limited to the destruction of evidence.

AB383,568 Section 568. 968.49 of the statutes is renumbered 968.245 and amended to read:

AB383,181,19 968.245 Fine for nonattendance. Any person lawfully summoned to attend as a grand juror who fails to attend without any sufficient excuse shall pay a fine not exceeding be fined not more than $40, which shall be imposed by the court to which the person was summoned shall impose and which shall be paid into the county treasury.

AB383,569 Section 569. 968.50 of the statutes is renumbered 968.252 and amended to read:

AB383,181,24 968.252 Report progress and return indictments. A grand jury may report progress and return indictments to the court from time to time during its session and until discharged.

AB383,570 Section 570. 968.505 (title) of the statutes is renumbered 968.262 (title).

AB383,571 Section 571. 968.505 of the statutes is renumbered 968.262 (1) and amended to read:

AB383,182,6 968.262 (1) When the grand jury is discharged, the clerk of the grand jury shall collect all transcripts of testimony, minutes of proceedings, exhibits , and other records of the grand jury, and, except as provided in sub. (2), shall deliver them as the jury directs either to the attorney general or to the district attorney, or upon.

AB383,182,9 (2) Upon approval of the court, the grand jury may direct its clerk to deliver them grand jury materials collected under sub. (1) to the clerk of the court, who shall impound them subject to the further order or orders of the court.

AB383,572 Section 572. 968.51 of the statutes is renumbered 968.275 and amended to read:

AB383,182,17 968.275 Indictment not to be disclosed. No grand juror or officer of the court, if If the court shall so order, shall orders, no grand juror or officer of the court may disclose the fact that any indictment for a felony has been found against that the grand jury has indicted any person not in custody or under recognizance, otherwise than by issuing or executing process on such indictment, until such the person has been arrested.

AB383,573 Section 573. 968.52 of the statutes is renumbered 968.285 and amended to read:

AB383,182,24 968.285 Votes not to be disclosed. No grand juror may be allowed to state or testify disclose in any court in what manner how he or she or any other member of the jury grand juror voted or what opinion any grand juror expressed on any question before them, or what opinion was expressed by any juror in relation to the question the grand jury.

AB383,574 Section 574. 968.53 of the statutes is renumbered 968.295 and amended to read:

AB383,183,18 968.295 When testimony may be disclosed. Members of the grand jury and any grand jury reporter may be required by any court Notwithstanding any oath or affirmation required under s. 968.165 or 968.185 (2), any court may require grand jurors and grand jury reporters to testify whether the testimony of a witness examined before the jury is consistent with or different from the evidence given by the witness before the court; and they. Notwithstanding any oath or affirmation required under s. 968.165 or 968.185 (2), the court may also be required require grand jurors and grand jury reporters also to disclose the testimony given before the grand jury by any person upon a complaint against the person for perjury , or upon trial for the offense. Any If the court receives in evidence any transcript of testimony taken before the grand jury and certified by a, the grand jury reporter to have reporter's certification that the transcript has been carefully compared by the reporter with his or her minutes of testimony so taken and to be is a true and correct transcript of all or a specified portion of the transcript, may be received in evidence with shall have the same effect as the oral testimony of the reporter to the facts so certified, but the reporter may be cross-examined by any party as to the matter.

AB383,575 Section 575. 968.585 (2) (ag) of the statutes is created to read:

AB383,183,20 968.585 (2) (ag) The subject of the strip search is a detained person.

AB383,576 Section 576. 968.585 (4m) of the statutes is created to read:

AB383,183,23 968.585 (4m) Any evidence obtained by a strip search in violation of sub. (2) or (3) is not admissible as evidence at trial.

AB383,577 Section 577. 968.585 (7) (cm) of the statutes is created to read:

AB383,183,25 968.585 (7) (cm) The person is committed under ch. 980.

AB383,578 Section 578. Subchapter VII (title) of chapter 968 [precedes 968.605] of the statutes is created to read:

AB383,184,3 chapter 968

AB383,184,5 subchapter VII seized property

AB383,579 Section 579. Subchapter VIII (title) of chapter 968 [precedes 968.705] of the statutes is created to read:

AB383,184,8 chapter 968

AB383,184,10 subchapter VIII Miscellaneous

AB383,580 Section 580. 968.705 (1) and (3) of the statutes are created to read:

AB383,184,13 968.705 (1) In this section, "documents" has the meaning given in s. 968.475 (1) (b).

AB383,184,16 (3) Documents seized by or delivered to an officer pursuant to a subpoena under this section shall be deemed seized property for the purposes of ss. 968.615 and 968.625.

AB383,581 Section 581. 968.71 of the statutes is created to read:

AB383,184,18 968.71 Disclosure of depositor status. (1) In this section:

AB383,184,20 (a) "Depository account" includes any monetary interest that a person maintains at a financial institution.

AB383,184,21 (b) "Financial institution" has the meaning given in s. 214.01 (1) (jn).

AB383,185,3 (2) Upon the request of the district attorney and a showing that the information requested is relevant to a criminal investigation, the court shall issue an order requiring any financial institution to disclose to the district attorney whether the person named in the order has a depository account with the financial institution or whether the person had a depository account with the financial institution at a prior specified time. Any person who unlawfully violates such an order may be compelled to do so under ch. 785.

AB383,582 Section 582. Chapter 969 (title) of the statutes is repealed and recreated to read:

AB383,185,6 chapter 969

AB383,185,8 securing a defendant's appearance; release

AB383,583 Section 583. 969.001 (intro.) of the statutes is renumbered 969.30 (intro.) and amended to read:

AB383,185,11 969.30 Definitions. (intro.) In this chapter subchapter:

AB383,584 Section 584. 969.001 (1) of the statutes is renumbered 967.025 (1) and amended to read:

AB383,185,14 967.025 (1) "Bail" means monetary conditions of release on bond.

AB383,585 Section 585. 969.001 (2) of the statutes is repealed.

AB383,586 Section 586. 969.01 (title) of the statutes is renumbered 969.31 (title).

AB383,587 Section 587. 969.01 (1) of the statutes is renumbered 969.31 (1) and amended to read:

AB383,186,3 969.31 (1) Before conviction. Before conviction, except Except as provided in ss. 969.035 and 971.14 (1r) s. 969.43 or 975.32, a defendant arrested for a criminal offense crime is eligible for release before conviction under reasonable conditions designed to assure ensure his or her appearance in court, protect members of the community from serious bodily harm, or prevent the intimidation of witnesses. Bail may be imposed at or after the initial appearance only upon a finding by the court that there is a reasonable basis to believe that bail is necessary to assure appearance in court. In determining whether any conditions of release are appropriate, the judge shall first consider the likelihood of the defendant appearing for trial if released on his or her own recognizance.

AB383,588 Section 588. 969.01 (2) (title) of the statutes is repealed.

AB383,589 Section 589. 969.01 (2) (a) of the statutes is renumbered 969.31 (2) and amended to read:

AB383,186,12 969.31 (2) After conviction. Release pursuant to s. 969.02 or 969.03 may be allowed in the discretion of In its discretion the trial court may allow release on conditions after conviction and prior to sentencing or the granting of probation. This paragraph does not apply to a conviction for a 3rd or subsequent violation that is counted as a suspension, revocation, or conviction under s. 343.307, or under s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.

AB383,590 Section 590. 969.01 (2) (b) and (c) of the statutes are consolidated, renumbered 974.09 (1) (a) and amended to read:

AB383,186,18 974.09 (1) (a) In misdemeanors, release may be allowed upon appeal in the discretion of the trial court. (c) In and felonies, release may be allowed upon appeal in the discretion of the trial court pursuant to ss. 809.31, 969.32, 969.33, 969.37, 969.38, 969.39, 969.40, 969.41, and 969.42.

AB383,591 Section 591. 969.01 (2) (d) of the statutes is renumbered 974.09 (1) (b) and amended to read:

AB383,186,22 974.09 (1) (b) The supreme court or a justice thereof or the court of appeals or a judge thereof may allow release after conviction pending appeal.

AB383,592 Section 592. 969.01 (2) (e) of the statutes is renumbered 974.09 (1) (c).

AB383,593 Section 593. 969.01 (3) of the statutes is renumbered 969.52 and amended to read:

AB383,187,15 969.52 Bail for witness Arrest of a witness and release on bond. If A judge may issue a warrant for the arrest of a person who is not in court, other than the defendant, if it appears by from an affidavit or examination under oath that there is probable cause to believe that the person's testimony of a person is material in any felony a criminal proceeding and that it may become impracticable to secure the person's presence by subpoena, the judge may require such person to give bail for. Upon return of the warrant, the court may set conditions of release to secure the person's appearance as a witness. If the witness is not in court, a warrant for the person's arrest may be issued and upon return thereof the court may require the person to give bail as provided in s. 969.03 for the person's appearance as a witness. If the person fails to give bail, the person may be committed satisfy the conditions of release, the court may commit the person to the custody of the sheriff for a period not to exceed 15 days, within which time the person's deposition shall be taken as provided in, upon notice to the parties under s. 967.04 967.21. After the deposition has been subscribed, the court shall discharge the witness.

AB383,594 Section 594. 969.01 (4) of the statutes is renumbered 969.33 (1) (intro.) and amended to read:

AB383,188,2 969.33 (1) Considerations in setting conditions of release. (intro.) If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in In determining whether to release the defendant without bail, monetary conditions, in fixing monetary conditions in a reasonable amount of bail or, or in imposing other reasonable conditions of release are: the, the court, judge, or justice may consider, without limitation, any of the following:

AB383,188,3 (a) The ability of the arrested person to give bail , the.

AB383,188,5 (b) The nature, number, and gravity of the alleged offenses and the potential penalty the defendant faces, whether.

AB383,188,6 (c) Whether the alleged acts were violent in nature ,the.

AB383,188,8 (d) The defendant's prior record of criminal convictions and delinquency adjudications criminal record, if any, the.

AB383,188,9 (e) The character, health, residence, and reputation of the defendant, the.

AB383,188,11 (f) The character and strength of the evidence which has been presented to the judge, whether.

AB383,188,13 (g) Whether the defendant is currently on probation, extended supervision or parole, whether.

AB383,188,16 (h) Whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether.

AB383,188,18 (i) Whether the defendant has in the past forfeited bail bond or violated a condition of release or was a fugitive from justice at the time of arrest, and the.

AB383,188,20 (j) The policy against unnecessary detention of the defendant's a defendant pending trial.

AB383,595 Section 595. 969.02 (title), (1), (2), (3) (a), (b), (c) and (d), (4), (4m), (5), (7), (7m) and (8) of the statutes are repealed.

AB383,596 Section 596. 969.02 (2m) of the statutes is renumbered 969.33 (8) and amended to read:

AB383,189,4 969.33 (8) Credit cards accepted. The If the court imposes monetary conditions of release under this section, the clerk of circuit court may accept, instead of cash, a credit card or debit card, as defined in s. 59.40 (5) (a) and 1. and 2., instead of cash under sub. (2).

AB383,597 Section 597. 969.02 (3) (e) of the statutes, as created by 2011 Wisconsin Act 266, is renumbered 969.33 (5) (g) and amended to read:

AB383,189,12 969.33 (5) (g) If the person defendant is charged with violating a restraining order or injunction issued under s. 813.12 or 813.125, may require the person requiring the defendant to participate in mental health treatment, a batterer's intervention program, or individual counseling. The judge court shall consider a request by the district attorney or the petitioner, as defined in s. 301.49 (1) (c), in determining whether to issue an order under this paragraph.

AB383,598 Section 598. 969.02 (6) of the statutes is renumbered 969.38 (1) (a) and amended to read:

AB383,189,22 969.38 (1) (a) When a the court enters a judgment of conviction is entered in a prosecution for a fine or costs or both in a case in which a cash deposit had been made in accordance with sub. (2), on a secured appearance bond, the court shall apply the balance of such the deposit, after deduction of deducting the bond costs, shall be applied first to the payment of any restitution ordered under s. 973.20 and then, if ordered restitution is satisfied in full, to the payment of the judgment. The court shall then return any remaining balance of the deposit to the person who made the deposit.

AB383,599 Section 599. 969.03 of the statutes is repealed.

AB383,600 Section 600. 969.035 of the statutes is renumbered 969.43, and 969.43 (4), (5), (7), (8) and (10), as renumbered, are amended to read:

AB383,190,7 969.43 (4) If the court determines that the district attorney has complied with sub. (3), the court may order that the detention of a person who is currently in custody be continued or may issue a warrant commanding any law enforcement officer to bring the defendant without unnecessary delay before the court. When the defendant is brought before the court, he or she shall be given a copy of the documents specified in sub. (3) and informed of his or her rights under this section and s. 970.02 (1) and (6) 971.027.

AB383,190,17 (5) A pretrial detention hearing is a hearing before a court for the purpose of determining if the continued detention of the defendant is justified. A pretrial detention hearing may be held in conjunction with a preliminary examination under s. 970.03 or a conditional release revocation hearing under s. 969.08 (5) (b) 969.51 (1), but separate findings shall be made by the court relating to the pretrial detention, preliminary examination and conditional release revocation. The pretrial detention hearing shall be commenced within 10 days from the date the defendant is detained or brought before the court under sub. (4). The defendant may not be denied release from custody in accordance with s. 969.03 for more than 10 days prior to the hearing required by this subsection.

AB383,190,20 (7) If the court does not make the findings under sub. (6) (a) and (b) and the defendant is otherwise eligible, the defendant shall be released from custody with or without conditions in accordance with s. 969.03 ss. 969.31 to 969.33.

AB383,190,25 (8) If the court makes the findings under sub. (6) (a) and (b), the court may deny bail to the defendant for an additional period not to exceed 60 days following the hearing. If the time period passes and the defendant is otherwise eligible, he or she shall be released from custody with or without conditions in accordance with s. s. 969.03 ss. 969.31 to 969.33.

AB383,191,2 (10) The defendant may petition the court to be released from custody with or without conditions in accordance with s. 969.03 ss. 969.31 to 969.33 at any time.

AB383,601 Section 601. 969.04 of the statutes is renumbered 969.40 and amended to read:

AB383,191,8 969.40 Surety may satisfy default. Any If a defendant fails to comply with the conditions of his or her bond, any surety may, after default, pay to the clerk of the court the amount for which the surety was bound, or such lesser sum as the court, after notice and hearing, may direct, and thereupon be discharged.