AB383: Bill Text

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AB383,707 Section 707. 971.04 (1) (a) of the statutes is repealed.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

AB383,712 Section 712. Subchapter II (title) of chapter 971 [precedes 971.06] of the statutes is created to read:

AB383,220,13 chapter 971

AB383,220,14 Subchapter II

AB383,220,15 Pleas

AB383,713 Section 713. 971.06 (1) (title) of the statutes is created to read:

AB383,220,17 971.06 (1) (title) Types of pleas.

AB383,714 Section 714. 971.06 (1) (a), (b) and (c) of the statutes are amended to read:

AB383,220,20 971.06 (1) (a) Guilty, which means that the defendant admits the facts necessary to constitute the crime.

AB383,220,23 (b) Not guilty, which means that the defendant denies the facts necessary to constitute the crime. A plea of not guilty requires the state to prove the facts necessary to constitute the crime beyond a reasonable doubt.

AB383,221,3 (c) No contest, subject to the approval of the court which means that the defendant does not contest the state's ability to prove the facts necessary to constitute the crime. The court may refuse to allow the entry of a no contest plea after consideration of the views of the parties and the public interest in the administration of justice.

AB383,715 Section 715. 971.06 (1) (d) of the statutes is repealed.

AB383,716 Section 716. 971.06 (2) of the statutes is repealed.

AB383,717 Section 717. 971.06 (3) of the statutes is repealed.

AB383,718 Section 718. 971.06 (4) of the statutes is created to read:

AB383,221,15 971.06 (4) Joining a plea of not guilty by reason of mental disease or defect with another plea. (a) A defendant may enter a plea of not guilty by reason of mental disease or defect, which means that at the time of the crime, as a result of mental disease or defect, the defendant lacked substantial capacity either to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law. A defendant who enters a plea of not guilty by reason of mental disease or defect shall join the plea of not guilty by reason of mental disease or defect with one of the pleas under sub. (1).

AB383,221,18 (b) If a defendant joins a plea of not guilty by reason of mental disease or defect with a plea of not guilty, there shall be a separation of the trial of the issues of guilt and responsibility as provided in s. 975.52 (2) (a).

AB383,221,24 (c) If the defendant joins a plea of not guilty by reason of mental disease or defect with a plea of guilty or no contest, the court shall first determine whether to accept the plea of guilty or no contest under s. 975.52 (1). If the plea of guilty or no contest is accepted, the court shall withhold entry of a judgment of conviction pending determination of the issue of responsibility, by the court or by a jury, under s. 975.52 (2). Judgment shall be entered as provided in s. 975.52 (4).

AB383,719 Section 719. 971.065 of the statutes is created to read:

AB383,222,4 971.065 Plea agreements. (1) The district attorney and the defendant may participate in discussions to reach an agreement that if the defendant enters a plea of guilty or no contest the district attorney shall take or refrain from taking certain actions, including one or more of the following:

AB383,222,5 (a) Moving to dismiss or amend one or more charges.

AB383,222,7 (b) Reading in any crime that is uncharged or that is dismissed as part of the agreement.

AB383,222,9 (c) Recommending, or agreeing not to oppose the defendant's request for, a particular disposition.

AB383,222,10 (d) Agreeing that a specific disposition is appropriate.

AB383,222,12 (2) The court may not participate in discussions to reach an agreement under this section.

AB383,720 Section 720. 971.07 of the statutes is repealed.

AB383,721 Section 721. 971.08 (title) of the statutes is amended to read:

AB383,222,16 971.08 (title) Pleas Accepting pleas of guilty and or no contest; withdrawal thereof.

AB383,722 Section 722. 971.08 (1) (a) of the statutes is renumbered 971.08 (1) (ar) and amended to read:

AB383,222,22 971.08 (1) (ar) Address the defendant personally and determine that the defendant is making the plea is made knowingly, voluntarily, and with understanding of the meaning and effect of the plea, the nature of the charge crime to which the plea is entered, and the potential punishment if convicted.

AB383,723 Section 723. 971.08 (1) (ag) of the statutes is created to read:

AB383,223,3 971.08 (1) (ag) Require the parties to disclose any plea agreement in open court or, on a showing of good cause, in camera. Before accepting the plea, the court may express any reservations it has concerning the appropriateness of any recommended disposition and shall advise the defendant personally that the court is not bound by the terms of the plea agreement.

AB383,724 Section 724. 971.08 (1) (am) of the statutes is created to read:

AB383,223,5 971.08 (1) (am) Ask the defendant to state his or her plea on the record.

AB383,725 Section 725. 971.08 (1) (b) of the statutes is repealed and recreated to read:

AB383,223,8 971.08 (1) (b) Make an inquiry sufficient to satisfy the court that there is a factual basis for a judgment of conviction of the crime to which the plea is entered.

AB383,726 Section 726. 971.08 (1) (d) of the statutes is amended to read:

AB383,223,11 971.08 (1) (d) Inquire of the district attorney whether he or she has complied with s. 971.095 (2) and (3).

AB383,727 Section 727. 971.08 (3) of the statutes is repealed.

AB383,728 Section 728. 971.085 (title) and (1) (intro.) of the statutes are created to read:

AB383,223,17 971.085 (title) Effect of a plea of guilty or no contest. (1) (intro.) A plea of guilty or no contest waives all nonjurisdictional defects and defenses that occur prior to the plea except that the following may be reviewed upon appeal from a final order or judgment:

AB383,729 Section 729. 971.085 (1) (b) of the statutes is created to read:

AB383,223,21 971.085 (1) (b) An order denying a motion to dismiss asserting that the statute under which the defendant is charged violates the United States or the Wisconsin constitution.

AB383,730 Section 730. 971.085 (2) of the statutes is created to read:

AB383,223,24 971.085 (2) The court shall permit a defendant who prevails on an appeal of an order under sub. (1) (a) or (b) to withdraw his or her plea.

AB383,731 Section 731. 971.09 of the statutes is repealed and recreated to read:

AB383,224,9 971.09 Consolidation; plea to or read-in of crimes committed in several counties. (1) In general. Consolidation refers to the process by which charges pending in more than one county are resolved in a single proceeding in one county. Consolidation is a voluntary procedure, requiring the consent of the defendant and the district attorneys for all counties whose charges are resolved. Consolidated charges shall be resolved by the entry of a plea of guilty or no contest or by an agreement that charged crimes be treated as read-in crimes. A defendant who has already been convicted of but not sentenced for a crime may apply for consolidation of any pending or uncharged crime committed.

AB383,224,16 (2) Application for consolidation. A defendant may apply to the district attorney for a county in which a charge against the defendant is pending to resolve in a single proceeding in one county any pending cases. In the application, the defendant shall describe with particularity all the crimes that the defendant seeks to resolve in the single proceeding, indicate the county in which each of the crimes was committed, and indicate the county in which the defendant requests final disposition.

AB383,224,24 (3) Notice and consent. A district attorney who receives an application under sub. (2) shall send a copy of the application to the district attorney for each county in which a crime indicated in the application was committed. A district attorney who receives a copy of the application may execute a written consent to having any crime indicated in the application that is subject to disposition in his or her county resolved in a proceeding in another county. If a district attorney does not consent to having a crime that is subject to disposition in his or her county resolved in another county, the crime may not be resolved under this section.

AB383,225,6 (4) Amending the charge; plea; read-in crimes. (a) If the district attorney to whom the defendant submitted the application under sub. (2) consents to resolving a case that is subject to disposition in his or her county in a single proceeding under this section, the district attorney shall file an amended complaint that charges the defendant with all crimes identified in consents executed under sub. (3) that are not to be treated as read-in crimes.

AB383,225,11 (b) To resolve crimes charged in the amended complaint under par. (a) in a single proceeding, the defendant shall waive in writing or on the record any right to be tried in the county in which a crime charged in the amended complaint was committed and enter a plea of guilty or no contest to each crime charged in the amended complaint.

AB383,225,13 (c) To resolve read-in crimes under this section, the defendant shall affirm his or her agreement to having the crimes considered at sentencing.

AB383,225,16 (d) A district attorney who executed a consent under sub. (3) need not be present when the defendant enters his or her plea but the district attorney's written consent shall be filed with the court.

AB383,225,19 (e) A charge that originated in a county may not be amended or dismissed without prior written approval of the district attorney for the county in which the charge originated.

AB383,226,4 (5) Judgment. If it accepts the defendant's plea, the court shall enter judgment and sentence the defendant as though all crimes charged in the amended complaint were alleged to have been committed in the county where judgment is entered and may consider at sentencing any read-in crimes affirmed under sub. (4) (c). The clerk of the court for the county in which judgment is entered shall file a copy of the judgment of conviction with the clerk of the court for each other county in which charges addressed in the judgment or treated as read-in crimes originated. The district attorney for each of the other counties shall then move to dismiss any charges that are pending in his or her county against the defendant for charges addressed in the judgment or as treated as read-in crimes.

AB383,226,7 (6) Rights of crime victims. The duties of the district attorney under ch. 950 and s. 971.095 shall be discharged by the district attorney for the county in which the crimes occurred, unless otherwise agreed to by the participating district attorneys.

AB383,226,15 (7) Prosecution costs. The county in which the plea is made shall pay the costs of prosecution if the defendant does not pay them, and is entitled to retain fees for receiving and paying to the state any fine that the defendant may pay. The clerk where the plea is made shall file a copy of the judgment of conviction with the clerk in each county where a crime covered by the plea was committed. The district attorney shall then move to dismiss any charges covered by the plea of guilty, which are pending against the defendant in the district attorney's county, and the charges shall be dismissed.

AB383,732 Section 732. 971.093 of the statutes is created to read:

AB383,226,20 971.093 Withdrawal of a plea of guilty or no contest. (1) Before sentencing. The court shall grant a motion that is made before sentencing to withdraw a plea of guilty or no contest if a fair and just reason for doing so is established.

AB383,226,24 (2) After sentencing. The court shall grant a motion that is made after sentencing to withdraw a plea of guilty or no contest if the defendant did not knowingly, voluntarily, and understandingly enter the plea or if withdrawal is required to prevent manifest injustice.

AB383,227,4 (3) Remedy. When the court grants a motion to withdraw a plea of guilty or no contest under this section, the judgment of conviction is vacated, the original charge or charges reinstated, and the parties are restored to the position they were in before the plea and any related plea agreement was accepted.

AB383,733 Section 733. 971.095 (2) and (3) of the statutes are amended to read:

AB383,227,13 971.095 (2) In any case in which a defendant has been charged with a crime, the district attorney shall, as soon as practicable, offer all of the victims in the case who have so requested the opportunity an opportunity to confer with the district attorney concerning the prosecution of the case and the possible outcomes of the prosecution, including potential plea agreements and sentencing recommendations. The duty to confer under this subsection does not limit the obligation of the district attorney to exercise his or her discretion concerning the handling of any criminal charge against the defendant.

AB383,227,20 (3) At the request of a victim, a district attorney shall make a reasonable attempt to provide the victim with notice of the date, time, and place of scheduled court proceedings in a case involving relating to the prosecution of a crime of which he or she is a victim and any changes in the date, time, or place of a scheduled court proceeding for which the victim has received notice. This subsection does not apply to a proceeding held before the initial appearance to set conditions of release under ch. 969.

AB383,734 Section 734. Subchapter III (title) of chapter 971 [precedes 971.098] of the statutes is created to read:

AB383,227,23 chapter 971

AB383,227,24 Subchapter III

AB383,227,25 scheduling and expedition of proceedings

AB383,735 Section 735. 971.098 of the statutes is created to read:

AB383,228,6 971.098 Scheduling orders; pretrial conferences. After the defendant enters a plea, the court may issue a scheduling order and may amend it as circumstances require. The order shall be in writing and may specify times for discovery, pretrial motions, notices of intent to offer an alibi or another defense required to be disclosed, pretrial conferences, trial, or other proceedings.

AB383,736 Section 736. 971.10 (1) (title) of the statutes is created to read:

AB383,228,8 971.10 (1) (title) Misdemeanors.