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699. 971.02 of the statutes is repealed.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.
AB383,708
24Section
708. 971.04 (1) (b), (c), (d), (e), (f), (g) and (h) of the statutes are
25renumbered 967.13 (1) (c), (d), (e), (f), (g), (h) and (j) and amended to read:
AB383,219,1
1967.13
(1) (c)
At The trial
;.
AB383,219,22
(d)
During The voir dire of the trial jury
;.
AB383,219,33
(e)
At any Any evidentiary hearing
;.
AB383,219,44
(f)
At any Any view by the jury
;.
AB383,219,55
(g)
When the jury returns its The return of the jury's verdict
;.
AB383,219,76
(h)
At the pronouncement The granting of judgment
and the imposition of
7sentence;.
AB383,219,88
(j)
At any Any other proceeding when ordered by the court.
AB383,709
9Section
709. 971.04 (2) of the statutes is renumbered 967.13 (2) and amended
10to read:
AB383,219,1511
967.13
(2) A defendant charged with a misdemeanor may authorize his or her
12attorney in writing to act on
his or her the defendant's behalf in any manner
and,
13with
prior leave of the court,
and
may be excused from
attendance at attending any
14or all proceedings proceeding except entry of a plea of guilty or no contest, sentencing,
15or a proceeding at which a right personal to the defendant is waived.
AB383,710
16Section
710. 971.04 (3) of the statutes is renumbered 967.13 (3) and amended
17to read:
AB383,220,918
967.13
(3) If the defendant is present
at the beginning of the trial when
19jeopardy attaches and
thereafter, during the progress of the trial or before the verdict
20of the jury has been returned into court, voluntarily absents himself or herself from
21the presence of the court without leave of the court, the trial or return of verdict of
22the jury in the case shall not thereby be postponed or delayed,
but and the trial or
23submission of
said the case to the jury for verdict and the return of verdict
thereon,
24if required, shall proceed in all respects as though the defendant were present in
25court at all times.
A defendant need not be present at the pronouncement or entry
1of an order granting or denying relief under s. 974.02, 974.06, or 974.07. If the
2defendant is not present, the time for appeal from any order under ss. 974.02, 974.06,
3and 974.07 shall commence after a copy has been served upon the attorney
4representing the defendant, or upon the defendant if he or she appeared without
5counsel. Service of such an order shall be complete upon mailing. A defendant
6appearing without counsel shall supply the court with his or her current mailing
7address. If the defendant fails to supply the court with a current and accurate
8mailing address, failure to receive a copy of the order granting or denying relief shall
9not be a ground for tolling the time in which an appeal must be taken.
AB383,711
10Section
711. 971.05 of the statutes is repealed.
AB383,712
11Section
712. Subchapter II (title) of chapter 971 [precedes 971.06] of the
12statutes is created to read:
AB383,220,1313
chapter 971
AB383,220,1414
Subchapter II
AB383,713
16Section
713. 971.06 (1) (title) of the statutes is created to read:
AB383,220,1717
971.06
(1) (title)
Types of pleas.
AB383,714
18Section
714. 971.06 (1) (a), (b) and (c) of the statutes are amended to read:
AB383,220,2019
971.06
(1) (a) Guilty
, which means that the defendant admits the facts
20necessary to constitute the crime.
AB383,220,2321
(b) Not guilty
, which means that the defendant denies the facts necessary to
22constitute the crime. A plea of not guilty requires the state to prove the facts
23necessary to constitute the crime beyond a reasonable doubt.
AB383,221,324
(c) No contest,
subject to the approval of the court
which means that the
25defendant does not contest the state's ability to prove the facts necessary to
1constitute the crime. The court may refuse to allow the entry of a no contest plea after
2consideration of the views of the parties and the public interest in the administration
3of justice.
AB383,715
4Section
715. 971.06 (1) (d) of the statutes is repealed.
AB383,716
5Section
716. 971.06 (2) of the statutes is repealed.
AB383,717
6Section
717. 971.06 (3) of the statutes is repealed.
AB383,718
7Section
718. 971.06 (4) of the statutes is created to read:
AB383,221,158
971.06
(4) Joining a plea of not guilty by reason of mental disease or defect
9with another plea. (a) A defendant may enter a plea of not guilty by reason of mental
10disease or defect, which means that at the time of the crime, as a result of mental
11disease or defect, the defendant lacked substantial capacity either to appreciate the
12wrongfulness of his or her conduct or to conform his or her conduct to the
13requirements of law. A defendant who enters a plea of not guilty by reason of mental
14disease or defect shall join the plea of not guilty by reason of mental disease or defect
15with one of the pleas under sub. (1).
AB383,221,1816
(b) If a defendant joins a plea of not guilty by reason of mental disease or defect
17with a plea of not guilty, there shall be a separation of the trial of the issues of guilt
18and responsibility as provided in s. 975.52 (2) (a).
AB383,221,2419
(c) If the defendant joins a plea of not guilty by reason of mental disease or
20defect with a plea of guilty or no contest, the court shall first determine whether to
21accept the plea of guilty or no contest under s. 975.52 (1). If the plea of guilty or no
22contest is accepted, the court shall withhold entry of a judgment of conviction
23pending determination of the issue of responsibility, by the court or by a jury, under
24s. 975.52 (2). Judgment shall be entered as provided in s. 975.52 (4).
AB383,719
25Section
719. 971.065 of the statutes is created to read:
AB383,222,4
1971.065 Plea agreements. (1) The district attorney and the defendant may
2participate in discussions to reach an agreement that if the defendant enters a plea
3of guilty or no contest the district attorney shall take or refrain from taking certain
4actions, including one or more of the following:
AB383,222,55
(a) Moving to dismiss or amend one or more charges.
AB383,222,76
(b) Reading in any crime that is uncharged or that is dismissed as part of the
7agreement.
AB383,222,98
(c) Recommending, or agreeing not to oppose the defendant's request for, a
9particular disposition.
AB383,222,1010
(d) Agreeing that a specific disposition is appropriate.
AB383,222,12
11(2) The court may not participate in discussions to reach an agreement under
12this section.
AB383,720
13Section
720. 971.07 of the statutes is repealed.
AB383,721
14Section
721. 971.08 (title) of the statutes is amended to read:
AB383,222,16
15971.08 (title)
Pleas Accepting pleas of guilty and or no contest;
16withdrawal thereof.
AB383,722
17Section
722. 971.08 (1) (a) of the statutes is renumbered 971.08 (1) (ar) and
18amended to read:
AB383,222,2219
971.08
(1) (ar) Address the defendant personally and determine that the
20defendant is making the plea
is made
knowingly, voluntarily
, and with
21understanding of the
meaning and effect of the plea, the nature of the
charge crime
22to which the plea is entered, and the potential punishment if convicted.
AB383,723
23Section
723. 971.08 (1) (ag) of the statutes is created to read:
AB383,223,324
971.08
(1) (ag) Require the parties to disclose any plea agreement in open court
25or, on a showing of good cause, in camera. Before accepting the plea, the court may
1express any reservations it has concerning the appropriateness of any recommended
2disposition and shall advise the defendant personally that the court is not bound by
3the terms of the plea agreement.
AB383,724
4Section
724. 971.08 (1) (am) of the statutes is created to read:
AB383,223,55
971.08
(1) (am) Ask the defendant to state his or her plea on the record.
AB383,725
6Section
725. 971.08 (1) (b) of the statutes is repealed and recreated to read:
AB383,223,87
971.08
(1) (b) Make an inquiry sufficient to satisfy the court that there is a
8factual basis for a judgment of conviction of the crime to which the plea is entered.
AB383,726
9Section
726. 971.08 (1) (d) of the statutes is amended to read:
AB383,223,1110
971.08
(1) (d) Inquire of the district attorney whether he or she has complied
11with s. 971.095 (2)
and (3).
AB383,727
12Section
727. 971.08 (3) of the statutes is repealed.
AB383,728
13Section
728. 971.085 (title) and (1) (intro.) of the statutes are created to read:
AB383,223,17
14971.085 (title)
Effect of a plea of guilty or no contest. (1) (intro.) A plea
15of guilty or no contest waives all nonjurisdictional defects and defenses that occur
16prior to the plea except that the following may be reviewed upon appeal from a final
17order or judgment:
AB383,729
18Section
729. 971.085 (1) (b) of the statutes is created to read:
AB383,223,2119
971.085
(1) (b) An order denying a motion to dismiss asserting that the statute
20under which the defendant is charged violates the United States or the Wisconsin
21constitution.
AB383,730
22Section
730. 971.085 (2) of the statutes is created to read:
AB383,223,2423
971.085
(2) The court shall permit a defendant who prevails on an appeal of
24an order under sub. (1) (a) or (b) to withdraw his or her plea.
AB383,731
25Section
731. 971.09 of the statutes is repealed and recreated to read:
AB383,224,9
1971.09 Consolidation; plea to or read-in of crimes committed in several
2counties. (1) In general. Consolidation refers to the process by which charges
3pending in more than one county are resolved in a single proceeding in one county.
4Consolidation is a voluntary procedure, requiring the consent of the defendant and
5the district attorneys for all counties whose charges are resolved. Consolidated
6charges shall be resolved by the entry of a plea of guilty or no contest or by an
7agreement that charged crimes be treated as read-in crimes. A defendant who has
8already been convicted of but not sentenced for a crime may apply for consolidation
9of any pending or uncharged crime committed.