AB383: Bill Text

AB383,674 Section 674 . 970.032 (2) (intro.) of the statutes is renumbered 971.75 (3) (b) and amended to read:

AB383,212,23 971.75 (3) (b) If the court finds probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), the court shall conduct a hearing under sub. (5) to determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court may base its finding of probable cause in whole or in part on hearsay admitted under sub. (1).

AB383,213,3 (5) Findings at retention hearing. The If the court finds probable cause under sub. (3) (b), it shall retain jurisdiction unless the juvenile proves by a preponderance of the evidence all of the following:

AB383,675 Section 675. 970.032 (2) (a), (b) and (c) of the statutes are renumbered 971.75 (5) (a), (b) and (c).

AB383,676 Section 676. 970.035 of the statutes is repealed.

AB383,677 Section 677. 970.038 of the statutes is repealed.

AB383,678 Section 678. 970.04 of the statutes is repealed.

AB383,679 Section 679. 970.05 of the statutes is repealed.

AB383,680 Section 680. Subchapter I (title) of chapter 970 [precedes 970.06] of the statutes is created to read:

AB383,213,12 chapter 970

AB383,213,14 subchapter i general provisions

AB383,681 Section 681. 970.06 (2) of the statutes is created to read:

AB383,213,16 970.06 (2) When a grand jury indicts a person, a complaint shall be filed.

AB383,682 Section 682. 970.06 (3) of the statutes is created to read:

AB383,213,18 970.06 (3) The trial of a criminal action shall be upon the complaint.

AB383,683 Section 683. 970.06 (4) of the statutes is created to read:

AB383,213,21 970.06 (4) A complaint upon which a criminal action is tried is an information for the purposes of article I, section 7, of the constitution.

AB383,684 Section 684. 970.08 (2) of the statutes is created to read:

AB383,213,24 970.08 (2) A complaint is filed when the district attorney signs it and files it with the clerk of the court for the county where the crime was committed.

AB383,685 Section 685. 970.09 (2) of the statutes is created to read:

AB383,214,3 970.09 (2) The court may allow the district attorney to amend the complaint after the defendant enters a plea but within a reasonable time before trial if the amendment does not prejudice the defendant.

AB383,686 Section 686. 970.10 (title), (1) and (3) of the statutes are created to read:

AB383,214,8 970.10 (title) Dismissing the complaint. (1) If the district attorney moves to dismiss a complaint, the trial court shall grant the motion unless the court finds that dismissal is contrary to the public interest. The motion may not be granted during the trial without the consent of the defendant.

AB383,214,10 (3) Granting a motion made under sub. (1) dismisses the action, and the clerk shall enter an order to that effect.

AB383,687 Section 687. 970.13 (3) of the statutes is created to read:

AB383,214,13 970.13 (3) Relief from prejudicial joinder. Relief from prejudicial joinder may be sought under s. 971.68 (2).

AB383,688 Section 688. 970.14 (13) of the statutes is created to read:

AB383,214,19 970.14 (13) In an action where the state asserts jurisdiction under s. 939.03 (1) (b) or (c) and where the place of trial cannot readily be determined under this section, the trial may be in the county where the defendant intended that the crime be committed, the county of residence of the intended victims, or, if neither of these applies, Dane County.

AB383,689 Section 689. 970.15 of the statutes is created to read:

AB383,214,23 970.15 Deferred and suspended prosecution agreements. (1) Definitions. (a) "Deferred prosecution agreement" means an agreement under which a prosecutor does not file a criminal complaint but may do so in the future.

AB383,215,3 (b) "Suspended prosecution agreement" means an agreement under which further prosecution against a person is suspended after a prosecutor files a criminal complaint against the person.

AB383,215,7 (2) Deferred prosecution agreements. The same standards that apply to a district attorney's charging authority govern the district attorney's authority to enter into a deferred prosecution agreement. A deferred prosecution agreement is enforceable in the same manner as a plea agreement.

AB383,215,14 (3) Suspended prosecution agreements. The same standards that apply to a court's authority to schedule cases and grant continuances apply to a court's authority to suspend prosecution when the parties have reached a suspended prosecution agreement. The court's authority to suspend prosecution includes the authority to defer or delay the acceptance of a plea or to withhold entry of judgment. A suspended prosecution agreement is enforceable in the same manner as a plea agreement.

AB383,215,20 (4) Admissions and statements. Consent to, or participation in, a deferred prosecution agreement or a suspended prosecution agreement is not an admission of guilt and is not admissible in any trial relating to the charge to which the agreement pertains. No statement made by a person in connection with a deferred prosecution agreement or a suspended prosecution agreement is admissible in any trial relating to the charge to which the agreement pertains.

AB383,215,25 (5) Immunity. Any organization, agency, or individual acting in good faith for which or for whom a person is assigned to work pursuant to a deferred prosecution agreement or a suspended prosecution agreement has immunity from any civil liability in excess of $25,000 for acts or omissions by the person or affecting the person.

AB383,690 Section 690. Subchapter II (title) of chapter 970 [precedes s. 970.21 of the statutes] is created to read:

AB383,216,3 chapter 970

AB383,216,5 subchapter iI particular offenses

AB383,691 Section 691. Chapter 971 (title) of the statutes is repealed and recreated to read:

AB383,216,8 chapter 971

AB383,216,9 pretrial procedures

AB383,692 Section 692. 971.01 of the statutes is repealed.

AB383,693 Section 693. Subchapter I (title) of chapter 971 [precedes 971.013] of the statutes is created to read:

AB383,216,13 chapter 971

AB383,216,14 Subchapter I

AB383,216,15 commencement of proceedings

AB383,694 Section 694. 971.015 (title) of the statutes is created to read:

AB383,216,17 971.015 (title) Initial court appearance.

AB383,695 Section 695. 971.015 (1) (title) of the statutes is created to read:

AB383,216,19 971.015 (1) (title) Persons in custody.

AB383,696 Section 696. 971.015 (1) (b) of the statutes is created to read:

AB383,216,24 971.015 (1) (b) A person in custody outside the county in which the offense was alleged to have been committed shall have an initial appearance in the court for the county in which the offense was alleged to have been committed as soon as practicable. Conditions of release may be set under s. 969.33.

AB383,697 Section 697. 971.015 (2) of the statutes is created to read:

AB383,217,3 971.015 (2) Persons not in custody. A person who is arrested and released or who is issued a citation is entitled to an initial appearance within a reasonable time after being arrested or cited.

AB383,698 Section 698. 971.015 (4) of the statutes is created to read:

AB383,217,6 971.015 (4) Discovery before the initial appearance. The district attorney may provide discovery before the initial appearance.

AB383,699 Section 699. 971.02 of the statutes is repealed.

AB383,700 Section 700. 971.027 (intro.) of the statutes is created to read:

AB383,217,10 971.027 Duties at the initial appearance. (intro.) All of the following shall occur at the initial appearance:

AB383,701 Section 701. 971.027 (2) and (4) of the statutes are created to read:

AB383,217,19 971.027 (2) Probable cause determination. The court shall determine whether the facts alleged in the complaint establish probable cause to believe that the defendant committed the crime charged. If probable cause exists as to at least one count of the complaint, the court may set a date for further proceedings and, if the defendant requests, shall set a date for trial. Notwithstanding a finding of probable cause under this subsection, the defendant may move to dismiss a complaint or any count in a complaint based on lack of probable cause by filing a motion under s. 971.65.

AB383,217,23 (4) Request for and entry of plea. The court shall ask for the defendant's plea to the charges in the complaint. If the defendant stands mute or refuses to plead to any charge, the court shall direct the entry of a plea of not guilty on the defendant's behalf.

AB383,702 Section 702. 971.027 (6) (title) and (7) (title) of the statutes are created to read:

AB383,217,25 971.027 (6) (title) Obtaining identification data.

AB383,218,1 (7) (title) Obtaining biological specimen.

AB383,703 Section 703. 971.035 of the statutes is created to read:

AB383,218,6 971.035 Discovery at the initial appearance. (1) Material in the district attorney's possession. At the initial appearance, the district attorney shall disclose, if in the district attorney's possession, law enforcement investigative reports relating to the case and a copy of the defendant's criminal record.

AB383,218,8 (2) Time of disclosure. Disclosure under this section shall be made after the defendant has obtained or waived legal representation.

AB383,218,10 (3) Manner of disclosure. Disclosure under this section shall be made in the manner provided in s. 971.51.

AB383,218,12 (4) Delay for good cause shown. For good cause shown, the court may allow a delay in disclosure under this section.

AB383,704 Section 704. 971.038 of the statutes is created to read:

AB383,218,17 971.038 Time limits for motions and requests for substitution. No later than 10 days after the initial appearance, the defendant may file any motions that might otherwise be waived by the entry of the plea or a request for substitution of a judge under s. 967.16.

AB383,705 Section 705. 971.04 (title) of the statutes is renumbered 967.13 (title).

AB383,706 Section 706. 971.04 (1) (intro.) of the statutes is renumbered 967.13 (1) (intro.) and amended to read:

AB383,218,22 967.13 (1) (intro.) Except as provided in subs. (2) and (3), the s. 967.14, or subch. III of ch. 885, a defendant who is an individual shall be present for all of the following:

AB383,707 Section 707. 971.04 (1) (a) of the statutes is repealed.

AB383,708 Section 708. 971.04 (1) (b), (c), (d), (e), (f), (g) and (h) of the statutes are renumbered 967.13 (1) (c), (d), (e), (f), (g), (h) and (j) and amended to read:

AB383,219,1 967.13 (1) (c) At The trial;.

AB383,219,2 (d) During The voir dire of the trial jury;.

AB383,219,3 (e) At any Any evidentiary hearing ;.

AB383,219,4 (f) At any Any view by the jury ;.

AB383,219,5 (g) When the jury returns its The return of the jury's verdict;.

AB383,219,7 (h) At the pronouncement The granting of judgment and the imposition of sentence;.

AB383,219,8 (j) At any Any other proceeding when ordered by the court.

AB383,709 Section 709. 971.04 (2) of the statutes is renumbered 967.13 (2) and amended to read:

AB383,219,15 967.13 (2) A defendant charged with a misdemeanor may authorize his or her attorney in writing to act on his or her the defendant's behalf in any manner and, with prior leave of the court, and may be excused from attendance at attending any or all proceedings proceeding except entry of a plea of guilty or no contest, sentencing, or a proceeding at which a right personal to the defendant is waived.

AB383,710 Section 710. 971.04 (3) of the statutes is renumbered 967.13 (3) and amended to read:

AB383,220,9 967.13 (3) If the defendant is present at the beginning of the trial when jeopardy attaches and thereafter, during the progress of the trial or before the verdict of the jury has been returned into court, voluntarily absents himself or herself from the presence of the court without leave of the court, the trial or return of verdict of the jury in the case shall not thereby be postponed or delayed, but and the trial or submission of said the case to the jury for verdict and the return of verdict thereon, if required, shall proceed in all respects as though the defendant were present in court at all times. A defendant need not be present at the pronouncement or entry of an order granting or denying relief under s. 974.02, 974.06, or 974.07. If the defendant is not present, the time for appeal from any order under ss. 974.02, 974.06, and 974.07 shall commence after a copy has been served upon the attorney representing the defendant, or upon the defendant if he or she appeared without counsel. Service of such an order shall be complete upon mailing. A defendant appearing without counsel shall supply the court with his or her current mailing address. If the defendant fails to supply the court with a current and accurate mailing address, failure to receive a copy of the order granting or denying relief shall not be a ground for tolling the time in which an appeal must be taken.

AB383,711 Section 711. 971.05 of the statutes is repealed.