AB383,668
5Section
668. 970.03 (title), (1), (2), (3), (5), (7), (8), (9), (10), (13) and (14) of the
6statutes are repealed.
AB383,669
7Section
669. 970.03 (4) of the statutes is renumbered 971.75 (9), and 971.75
8(9) (a), as renumbered, is amended to read:
AB383,210,199
971.75
(9) (a) If the
defendant juvenile is accused of a crime under s. 940.225,
10948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s. 940.302 (2),
11if the court finds that the crime was sexually motivated, as defined in s. 980.01 (5),
12the court may exclude from
the any hearing
under this section all persons who are
13not officers of the court, members of the complainant's or defendant's families or
14others considered by the court to be supportive of the complainant or defendant, the
15service representative, as defined in s. 895.45 (1) (c), or other persons required to
16attend, if the court finds that the state or the
defendant juvenile has established a
17compelling interest that would likely be prejudiced if the persons were not excluded.
18The court may consider as a compelling interest, among others, the need to protect
19a complainant from undue embarrassment and emotional trauma.
AB383,670
20Section
670. 970.03 (6) of the statutes is renumbered 971.75 (6) (b) and
21amended to read:
AB383,211,222
971.75
(6) (b) During
the preliminary examination any hearing under this
23section, the court may exclude witnesses until they are called to testify, may direct
24that persons who are expected to be called as witnesses be kept separate until called
,
1and may prevent them from communicating with one another until they have been
2examined.
AB383,671
3Section
671. 970.03 (12) of the statutes is renumbered 971.75 (7), and 971.75
4(7) (a) 1., (b) and (c), as renumbered, are amended to read:
AB383,211,55
971.75
(7) (a) 1. "Hospital" has the meaning
designated given in s. 50.33 (2).
AB383,211,156
(b) At any
preliminary examination hearing under this section, a report of one
7of the crime laboratory's, the state laboratory of hygiene's, a federal bureau of
8investigation laboratory's, a hospital laboratory's
, or a local health department's
9findings with reference to all or any part of the evidence submitted, certified as
10correct by the attorney general, the director of the state laboratory of hygiene, the
11director of the federal bureau of investigation, the chief hospital administrator, the
12local health officer, as defined in s. 250.01 (5), or a person designated by any of them,
13shall, when offered by the state or the accused, be received as evidence of the facts
14and findings stated, if relevant. The expert who made the findings need not be called
15as a witness.
AB383,211,2116
(c) At any
preliminary examination hearing under this section in Milwaukee
17County, a latent fingerprint report of the city of Milwaukee police department bureau
18of identification division's latent fingerprint identification unit, certified as correct
19by the police chief or a person designated by the police chief, shall, when offered by
20the state or the accused, be received as evidence of the facts and findings stated, if
21relevant. The expert who made the findings need not be called as a witness.
AB383,672
22Section
672. 970.032 (title) of the statutes is repealed.
AB383,673
23Section
673
. 970.032 (1) of the statutes is renumbered 971.75 (1) and amended
24to read:
AB383,212,8
1971.75
(1) Probable cause hearing. Notwithstanding s. 970.03, if a
2preliminary examination is held regarding a juvenile who is subject to the original
3jurisdiction of If the court
of criminal has original jurisdiction
over a juvenile under
4s. 938.183 (1), the court shall
first conduct an evidentiary hearing to determine
5whether if there is probable cause to believe that the juvenile
has committed the
6violation of which he or she is accused under the circumstances specified in s. 938.183
7(1) (a), (am), (ar), (b), or (c), whichever is applicable.
Notwithstanding s. 908.02,
8hearsay is admissible in a hearing under this section.
AB383,212,14
9(3) Findings at probable cause hearing. (a) If the court does not
make that
10finding find that there is probable cause to believe the juvenile committed the
11violation of which he or she is accused under the circumstances specified in s. 938.183
12(1) (a), (am), (ar), (b), or (c), whichever is applicable, the court shall order that the
13juvenile be discharged
, but proceedings may be brought regarding the juvenile under
14ch. 938.
AB383,674
15Section
674
. 970.032 (2) (intro.) of the statutes is renumbered 971.75 (3) (b)
16and amended to read:
AB383,212,2317
971.75
(3) (b) If the court finds probable cause to believe that the juvenile
has 18committed the violation of which he or she is accused under the circumstances
19specified in s. 938.183 (1) (a), (am), (ar), (b)
, or (c), the court shall
conduct a hearing
20under sub. (5) to determine whether to retain jurisdiction or to transfer jurisdiction
21to the court assigned to exercise jurisdiction under chs. 48 and 938.
The court may
22base its finding of probable cause in whole or in part on hearsay admitted under sub.
23(1).
AB383,213,3
1(5) Findings at retention hearing. The If the court
finds probable cause under
2sub. (3) (b), it shall retain jurisdiction unless the juvenile proves by a preponderance
3of the evidence all of the following:
AB383,675
4Section
675. 970.032 (2) (a), (b) and (c) of the statutes are renumbered 971.75
5(5) (a), (b) and (c).
AB383,676
6Section
676. 970.035 of the statutes is repealed.
AB383,677
7Section
677. 970.038 of the statutes is repealed.
AB383,678
8Section
678. 970.04 of the statutes is repealed.
AB383,679
9Section
679. 970.05 of the statutes is repealed.
AB383,680
10Section
680. Subchapter I (title) of chapter 970 [precedes 970.06] of the
11statutes is created to read:
AB383,213,1212
chapter 970
AB383,213,1413
subchapter i
14
general provisions
AB383,681
15Section
681. 970.06 (2) of the statutes is created to read:
AB383,213,1616
970.06
(2) When a grand jury indicts a person, a complaint shall be filed.
AB383,682
17Section
682. 970.06 (3) of the statutes is created to read:
AB383,213,1818
970.06
(3) The trial of a criminal action shall be upon the complaint.
AB383,683
19Section
683. 970.06 (4) of the statutes is created to read:
AB383,213,2120
970.06
(4) A complaint upon which a criminal action is tried is an information
21for the purposes of article I, section 7, of the constitution.
AB383,684
22Section
684. 970.08 (2) of the statutes is created to read:
AB383,213,2423
970.08
(2) A complaint is filed when the district attorney signs it and files it
24with the clerk of the court for the county where the crime was committed.
AB383,685
25Section
685. 970.09 (2) of the statutes is created to read:
AB383,214,3
1970.09
(2) The court may allow the district attorney to amend the complaint
2after the defendant enters a plea but within a reasonable time before trial if the
3amendment does not prejudice the defendant.
AB383,686
4Section
686. 970.10 (title), (1) and (3) of the statutes are created to read:
AB383,214,8
5970.10 (title)
Dismissing the complaint. (1) If the district attorney moves
6to dismiss a complaint, the trial court shall grant the motion unless the court finds
7that dismissal is contrary to the public interest. The motion may not be granted
8during the trial without the consent of the defendant.
AB383,214,10
9(3) Granting a motion made under sub. (1) dismisses the action, and the clerk
10shall enter an order to that effect.
AB383,687
11Section
687. 970.13 (3) of the statutes is created to read:
AB383,214,1312
970.13
(3) Relief from prejudicial joinder. Relief from prejudicial joinder
13may be sought under s. 971.68 (2).
AB383,688
14Section
688. 970.14 (13) of the statutes is created to read:
AB383,214,1915
970.14
(13) In an action where the state asserts jurisdiction under s. 939.03 (1)
16(b) or (c) and where the place of trial cannot readily be determined under this section,
17the trial may be in the county where the defendant intended that the crime be
18committed, the county of residence of the intended victims, or, if neither of these
19applies, Dane County.
AB383,689
20Section
689. 970.15 of the statutes is created to read:
AB383,214,23
21970.15 Deferred and suspended prosecution agreements. (1) 22Definitions. (a) "Deferred prosecution agreement" means an agreement under
23which a prosecutor does not file a criminal complaint but may do so in the future.
AB383,215,3
1(b) "Suspended prosecution agreement" means an agreement under which
2further prosecution against a person is suspended after a prosecutor files a criminal
3complaint against the person.
AB383,215,7
4(2) Deferred prosecution agreements. The same standards that apply to a
5district attorney's charging authority govern the district attorney's authority to
6enter into a deferred prosecution agreement. A deferred prosecution agreement is
7enforceable in the same manner as a plea agreement.
AB383,215,14
8(3) Suspended prosecution agreements. The same standards that apply to a
9court's authority to schedule cases and grant continuances apply to a court's
10authority to suspend prosecution when the parties have reached a suspended
11prosecution agreement. The court's authority to suspend prosecution includes the
12authority to defer or delay the acceptance of a plea or to withhold entry of judgment.
13A suspended prosecution agreement is enforceable in the same manner as a plea
14agreement.
AB383,215,20
15(4) Admissions and statements. Consent to, or participation in, a deferred
16prosecution agreement or a suspended prosecution agreement is not an admission
17of guilt and is not admissible in any trial relating to the charge to which the
18agreement pertains. No statement made by a person in connection with a deferred
19prosecution agreement or a suspended prosecution agreement is admissible in any
20trial relating to the charge to which the agreement pertains.
AB383,215,25
21(5) Immunity. Any organization, agency, or individual acting in good faith for
22which or for whom a person is assigned to work pursuant to a deferred prosecution
23agreement or a suspended prosecution agreement has immunity from any civil
24liability in excess of $25,000 for acts or omissions by the person or affecting the
25person.
AB383,690
1Section
690. Subchapter II (title) of chapter 970 [precedes s. 970.21 of the
2statutes] is created to read:
AB383,216,54
subchapter iI
5
particular offenses
AB383,691
6Section
691. Chapter 971 (title) of the statutes is repealed and recreated to
7read:
AB383,216,99
pretrial procedures
AB383,692
10Section
692. 971.01 of the statutes is repealed.
AB383,693
11Section
693. Subchapter I (title) of chapter 971 [precedes 971.013] of the
12statutes is created to read:
AB383,216,1313
chapter 971
AB383,216,1414
Subchapter I
AB383,216,1515
commencement of proceedings
AB383,694
16Section
694. 971.015 (title) of the statutes is created to read:
AB383,216,17
17971.015 (title)
Initial court appearance.
AB383,695
18Section
695. 971.015 (1) (title) of the statutes is created to read:
AB383,216,1919
971.015
(1) (title)
Persons in custody.
AB383,696
20Section
696. 971.015 (1) (b) of the statutes is created to read:
AB383,216,2421
971.015
(1) (b) A person in custody outside the county in which the offense was
22alleged to have been committed shall have an initial appearance in the court for the
23county in which the offense was alleged to have been committed as soon as
24practicable. Conditions of release may be set under s. 969.33.
AB383,697
25Section
697. 971.015 (2) of the statutes is created to read:
AB383,217,3
1971.015
(2) Persons not in custody. A person who is arrested and released or
2who is issued a citation is entitled to an initial appearance within a reasonable time
3after being arrested or cited.
AB383,698
4Section
698. 971.015 (4) of the statutes is created to read:
AB383,217,65
971.015
(4) Discovery before the initial appearance. The district attorney
6may provide discovery before the initial appearance.
AB383,699
7Section
699. 971.02 of the statutes is repealed.
AB383,700
8Section
700. 971.027 (intro.) of the statutes is created to read:
AB383,217,10
9971.027 Duties at the initial appearance. (intro.) All of the following shall
10occur at the initial appearance:
AB383,701
11Section
701. 971.027 (2) and (4) of the statutes are created to read:
AB383,217,1912
971.027
(2) Probable cause determination. The court shall determine
13whether the facts alleged in the complaint establish probable cause to believe that
14the defendant committed the crime charged. If probable cause exists as to at least
15one count of the complaint, the court may set a date for further proceedings and, if
16the defendant requests, shall set a date for trial. Notwithstanding a finding of
17probable cause under this subsection, the defendant may move to dismiss a
18complaint or any count in a complaint based on lack of probable cause by filing a
19motion under s. 971.65.
AB383,217,23
20(4) Request for and entry of plea. The court shall ask for the defendant's plea
21to the charges in the complaint. If the defendant stands mute or refuses to plead to
22any charge, the court shall direct the entry of a plea of not guilty on the defendant's
23behalf.
AB383,702
24Section
702. 971.027 (6) (title) and (7) (title) of the statutes are created to read:
AB383,217,2525
971.027
(6) (title)
Obtaining identification data.
AB383,218,1
1(7) (title)
Obtaining biological specimen.
AB383,703
2Section
703. 971.035 of the statutes is created to read:
AB383,218,6
3971.035 Discovery at the initial appearance. (1) Material in the district
4attorney's possession. At the initial appearance, the district attorney shall disclose,
5if in the district attorney's possession, law enforcement investigative reports relating
6to the case and a copy of the defendant's criminal record.
AB383,218,8
7(2) Time of disclosure. Disclosure under this section shall be made after the
8defendant has obtained or waived legal representation.
AB383,218,10
9(3) Manner of disclosure. Disclosure under this section shall be made in the
10manner provided in s. 971.51.
AB383,218,12
11(4) Delay for good cause shown. For good cause shown, the court may allow
12a delay in disclosure under this section.
AB383,704
13Section
704. 971.038 of the statutes is created to read:
AB383,218,17
14971.038 Time limits for motions and requests for substitution. No later
15than 10 days after the initial appearance, the defendant may file any motions that
16might otherwise be waived by the entry of the plea or a request for substitution of
17a judge under s. 967.16.
AB383,705
18Section
705. 971.04 (title) of the statutes is renumbered 967.13 (title).
AB383,706
19Section
706. 971.04 (1) (intro.) of the statutes is renumbered 967.13 (1) (intro.)
20and amended to read:
AB383,218,2221
967.13
(1) (intro.) Except as provided in subs. (2) and (3),
the s. 967.14, or subch.
22III of ch. 885, a defendant
who is an individual shall be present
for all of the following:
AB383,707
23Section
707. 971.04 (1) (a) of the statutes is repealed.