AB383,764
1Section
764. 971.14 (1r) (c) of the statutes is repealed.
AB383,765
2Section
765. 971.14 (2) (title) of the statutes is repealed.
AB383,766
3Section
766. 971.14 (2) (a) of the statutes is renumbered 975.32 (1) and
4amended to read:
AB383,236,155
975.32
(1) If an examination of a defendant is required under s. 975.31, the
6court shall order an examination into competency. The court
shall may order the
7department to conduct the examination or may appoint one or more examiners
8having the specialized knowledge determined by the court to be appropriate to
9examine and report upon the condition of the defendant. If
an inpatient examination
10is determined by the court to be necessary, the defendant may be committed to a
11suitable mental health facility for the examination period specified in par. (c), which
12shall be deemed days spent in custody under s. 973.155. If the examination is to be
13conducted by the department, the court shall order the individual to the facility
14designated by the department the court orders the department to conduct an
15examination, the department may select the examiner.
AB383,767
16Section
767. 971.14 (2) (am) of the statutes is repealed.
AB383,768
17Section
768. 971.14 (2) (b) of the statutes is renumbered 975.32 (3) and
18amended to read:
AB383,236,2419
975.32
(3) If the defendant has been released
on bail from custody, the court
20shall order an outpatient examination, except that the court may
not order an
21involuntary inpatient examination
unless if the defendant
consents to an inpatient
22examination, the defendant fails to cooperate in
the an outpatient examination
, or
23the examiner informs the court that inpatient observation is necessary for an
24adequate examination.
AB383,769
1Section
769. 971.14 (2) (c) of the statutes is renumbered 975.32 (6) (a) and
2amended to read:
AB383,237,133
975.32
(6) (a)
Inpatient examinations shall be completed and the report of
4examination filed An examiner ordered to conduct an inpatient examination under
5this section shall complete the examination and file a report of the examination
6within 15 days after the examination is ordered or
as specified in par. (am),
7whichever is applicable, unless, for good cause, the facility or examiner appointed by
8the court cannot complete the examination within this period and requests an
9extension. In that case, if the department is the examiner, within 15 days after the
10defendant arrives at the inpatient facility. If the examiner cannot complete the
11examination within 15 days and requests an extension, the court may
for good cause 12allow one 15-day extension of the examination period.
Outpatient examinations
13shall be completed and the report of examination filed
AB383,237,16
14(b) An examiner ordered to conduct an outpatient examination under this
15section shall complete the examination and file a report of the examination within
1630 days after the examination is ordered.
AB383,770
17Section
770. 971.14 (2) (d) of the statutes is renumbered 975.32 (5) and
18amended to read:
AB383,238,319
975.32
(5) If
the court orders that the examination be conducted on an inpatient
20basis a defendant in custody is subject to an inpatient examination ordered under
21this section, the sheriff of the county in which the court
that ordered the examination 22is located shall transport
any the defendant
not free on bail to the
examining facility
23where the examination will take place within a reasonable time after the
24examination is ordered and shall
transport return the defendant
to the jail within
25a reasonable time after the
examination is completed. The examining facility shall
1notify the sheriff and
county the department of community programs
of for the
2county
in which the court is located receive notice from the examining facility that 3when the examination
has been is completed.
AB383,771
4Section
771. 971.14 (2) (e) of the statutes is renumbered 975.32 (8) and
5amended to read:
AB383,238,86
975.32
(8) The An examiner shall personally observe and examine the
7defendant and shall have access to
his or her the defendant's past
or and present
8treatment records, as defined under s. 51.30 (1) (b).
AB383,772
9Section
772. 971.14 (2) (f) of the statutes is renumbered 975.32 (9).
AB383,773
10Section
773. 971.14 (2) (g) of the statutes is renumbered 975.32 (11) and
11amended to read:
AB383,238,1812
975.32
(11) The defendant
also may be examined for competency purposes at
13any stage of the competency proceedings by
physicians or other experts
designated
14by the court or chosen by the defendant or
by the district attorney, who shall be
15permitted reasonable access to the defendant for purposes of the examination.
Any
16party who intends to call an expert designated or chosen under this subsection as a
17witness shall furnish a copy of the expert's report to the opposing party within a
18reasonable period of time.
AB383,774
19Section
774. 971.14 (3) (intro.) of the statutes is renumbered 975.33 (1) (intro.)
20and amended to read:
AB383,238,2321
975.33
(1) Report Contents. (intro.)
The Each court-appointed examiner
22shall submit to the court a written report
which shall include that includes all of the
23following:
AB383,775
24Section
775. 971.14 (3) (a) and (b) of the statutes are renumbered 975.33 (1)
25(a) and (b).
AB383,776
1Section
776. 971.14 (3) (c) of the statutes is renumbered 975.33 (1) (c) and
2amended to read:
AB383,239,43
975.33
(1) (c) The examiner's opinion regarding the defendant's present mental
4capacity to understand the
criminal proceedings and assist in his or her defense.
AB383,777
5Section
777. 971.14 (3) (d) of the statutes is renumbered 975.33 (1) (d) (intro.)
6and amended to read:
AB383,239,87
975.33
(1) (d) (intro.) If the examiner reports that the defendant
lacks
8competency, the is not competent to proceed, all of the following:
AB383,239,12
91. The examiner's opinion regarding the likelihood that the defendant, if
10provided treatment, may
be restored to competency
become competent within the
11time maximum period
permitted under sub. (5) (a). The examiner shall provide an 12of commitment, as defined in s. 975.34 (6) (a).
AB383,239,17
132. The examiner's opinion as to whether
the defendant's treatment should
14occur be provided in an inpatient facility designated by the department, in a
15community-based treatment program under the supervision of the department, or
16in a jail or a locked unit of a facility that has entered into a voluntary agreement with
17the state to serve as a location for treatment.
AB383,778
18Section
778. 971.14 (3) (dm) (intro.) of the statutes is renumbered 975.33 (1)
19(e) and amended to read:
AB383,240,220
975.33
(1) (e) If sufficient information is available to the examiner to reach an
21opinion, the examiner's opinion on whether the defendant needs medication or
22treatment and whether the defendant is not competent to refuse medication or
23treatment.
The defendant is not competent to refuse medication or treatment if,
24because of mental illness, developmental disability, alcoholism or drug dependence,
25and after the advantages and disadvantages of and alternatives to accepting the
1particular medication or treatment have been explained to the defendant, one of the
2following is true:
AB383,779
3Section
779. 971.14 (3) (dm) 1. and 2. of the statutes are repealed.
AB383,780
4Section
780. 971.14 (3) (e) of the statutes is renumbered 975.33 (1) (g) and
5amended to read:
AB383,240,76
975.33
(1) (g) The facts and reasoning, in reasonable detail, upon which the
7required findings and opinions
under pars. (b) to (dm) are based.
AB383,781
8Section
781. 971.14 (4) (title) of the statutes is repealed.
AB383,782
9Section
782. 971.14 (4) (a) of the statutes is renumbered 975.33 (2) and
10amended to read:
AB383,240,2211
975.33
(2) Disclosure. The court shall cause copies of the
examiner's report
12to be delivered
forthwith immediately to the district attorney and
the defense
13counsel, to the defendant's attorney or the defendant personally if not represented
14by counsel. Upon the request of the sheriff or jailer charged with care and control
15of the jail in which the defendant is being held pending or during a trial or sentencing
16proceeding, the court shall cause a copy of the report to be delivered to the sheriff or
17jailer. The sheriff or jailer may provide a copy of the report to the person who is
18responsible for maintaining medical records for inmates of the jail, or to a nurse
19licensed under ch. 441, or to a physician or physician assistant licensed under subch.
20II of ch. 448 who is a health care provider for the defendant or who is responsible for
21providing health care services to inmates of the jail. The report shall not be otherwise
22disclosed
prior to before the hearing under
this subsection s. 975.34.
AB383,783
23Section
783. 971.14 (4) (b) of the statutes is repealed.
AB383,784
24Section
784. 971.14 (4) (c) of the statutes is repealed.
AB383,785
25Section
785. 971.14 (4) (d) of the statutes is repealed.
AB383,786
1Section
786. 971.14 (5) (title) of the statutes is repealed.
AB383,787
2Section
787. 971.14 (5) (a) 1., 2. and 3. of the statutes are renumbered 975.34
3(7) (a), (b) and (c) and amended to read:
AB383,241,174
975.34
(7) (a) If
the court determines that the defendant is not competent but
5is likely to become competent within the period specified in this paragraph if
6provided with appropriate treatment sub. (6) (b) 3. applies, the court shall
suspend
7the proceedings and commit the defendant to the custody of the department for
8treatment for a period not to exceed
12 months, or the maximum sentence specified
9for the most serious offense with which the defendant is charged, whichever is less 10the maximum period of commitment, as defined in sub. (6) (a). The department shall
11determine whether the defendant will receive treatment in an appropriate
12institution designated by the department, while under the supervision of the
13department in a community-based treatment program under contract with the
14department, or in a jail or a locked unit of a facility that has entered into a voluntary
15agreement with the state to serve as a location for treatment. The sheriff shall
16transport the defendant to the institution, program, jail, or facility, as determined
17by the department.
AB383,241,2318
(b) If, under
subd. 1. par. (a), the department commences
services treatment 19to a defendant in jail or in a locked unit, the department shall, as soon as possible,
20transfer the defendant to an institution or provide
services treatment to the
21defendant in a community-based treatment program consistent with this
22subsection.
The court shall order a defendant who is committed under this
23subsection to undergo periodic reexaminations as provided in s. 975.36.
AB383,242,224
(c) Days spent in commitment under this
paragraph
subsection are considered
25days spent in custody under s. 973.155.
The court shall make and enter a specific
1finding of the number of days spent in custody and include that finding in the
2commitment order.
AB383,788
3Section
788
. 971.14 (5) (a) 4. of the statutes is renumbered 975.34 (7) (d) and
4amended to read:
AB383,242,145
975.34
(7) (d) A defendant under the supervision of the department placed
6under this
paragraph subsection in a community-based treatment program is in the
7custody and control of the department, subject to any conditions set by the
8department. If the department believes that the defendant under supervision has
9violated a condition, or that permitting the defendant to remain in the community
10jeopardizes the safety of the defendant or another person, the department may
11designate an institution at which the treatment shall occur and may request that the
12court reinstate the proceedings, order the defendant transported by the sheriff to the
13designated institution, and
suspend proceedings commit the defendant to custody 14consistent with
subd. 1. par. (a).
AB383,789
15Section
789. 971.14 (5) (am) of the statutes is renumbered 975.35 and
16amended to read:
AB383,243,17
17975.35 Post-commitment motion on capacity to refuse medication or
18treatment. If
the a defendant
committed under s. 975.34 (7) is not subject to a court
19order
determining finding the defendant
to be not competent to refuse medication or
20treatment
for the defendant's mental condition and if the department determines
21that the defendant should be subject to such a court order, the department may file
22a motion with the court
, with notice to the counsel for the defendant, the defendant,
23and the district attorney, a motion for a hearing
, under the standard specified in sub.
24(3) (dm), on to determine whether the defendant is not competent to refuse
25medication or treatment.
A report on which the motion is based shall accompany
1the motion and notice of motion and shall include a statement The department shall
2submit with the motion a report that is based on an examination of the defendant by
3a licensed physician, that is signed by a licensed physician
, and that asserts that the
4defendant needs medication or treatment and that the defendant is not competent
5to refuse medication or treatment
, based on an examination of the defendant by a
6licensed physician. The department shall provide notice of any motion filed under
7this section, and a copy of the report submitted with the motion, to the defendant,
8the defendant's attorney, and the district attorney. Within 10 days after
the
9department files a motion
is filed under this
paragraph section, the court shall
, under
10the procedures and standards specified in sub. (4) (b), hold a hearing without a jury
11to determine
whether the
defendant's competency defendant is not competent to
12refuse medication or treatment
for the defendant's mental condition. At the hearing,
13the department must prove by clear and convincing evidence that the defendant is
14not competent to refuse medication or treatment. At the request of the defendant,
15the defendant's
counsel attorney, or the district attorney, the hearing may be
16postponed, but in no case may the postponed hearing be held more than 20 days after
17a motion is filed under this
paragraph section.
AB383,790
18Section
790
. 971.14 (5) (b) of the statutes is renumbered 975.36 (1) and
19amended to read:
AB383,244,1720
975.36
(1) Reexamination time limits. The
defendant department shall
be 21periodically
reexamined by the department examiners. Written reports of
22examination shall be furnished to the court reexamine a defendant who remains
23committed under s. 975.34 (7), and at 3
months after commitment, 6
months after
24commitment,
and 9 months after commitment and within 30 days
prior to before the
25expiration of
the commitment
. Each
order shall submit a written report to the court
1on the defendant's mental condition. In each report
, the department shall indicate
2either that whether the defendant has become competent
, that the defendant
3remains incompetent but that attainment of competency to proceed and, if the
4defendant has not become competent, whether the defendant is likely
to become
5competent within the remaining commitment period
, or that the defendant has not
6made such progress that attainment of competency is likely within the remaining
7commitment period. Any report indicating such a lack of sufficient progress shall
8include the examiner's opinion regarding whether the defendant is mentally ill,
9alcoholic, drug dependent, developmentally disabled or infirm because of aging or
10other like incapacities. If the defendant is not likely to become competent within the
11remaining commitment period, the department shall also report whether the
12defendant meets the criteria for commitment under ch. 51 or 55. The court shall
13schedule a date certain for the review of the reports. If the department indicates in
14the report that the defendant has become competent or that the defendant is not
15competent and is unlikely to become competent within the remaining commitment
16period, the court shall hold the review within 14 days after the court receives the
17report.
AB383,791
18Section
791. 971.14 (5) (c) of the statutes is renumbered 975.36 (3) and
19amended to read:
AB383,245,320
975.36
(3) Determining competency. Upon receiving a report under
par. (b)
21indicating the defendant has regained competency or is not competent and unlikely
22to become competent in the remaining commitment period, the court shall hold a
23hearing within 14 days of receipt of the report and sub. (1) or (2), the court shall
24proceed under
sub. (4) s. 975.34. If the court determines that the defendant has
25become competent, the defendant shall be discharged from commitment and the
1criminal proceeding shall be resumed. If the court determines that the defendant is
2making sufficient progress toward becoming competent, the commitment shall
3continue.
AB383,792
4Section
792. 971.14 (5) (d) of the statutes is renumbered 975.36 (5) and
5amended to read:
AB383,245,96
975.36
(5) Medication to maintain competency. If the defendant is receiving
7medication
, the court may make appropriate orders for the continued administration
8of the medication in order to maintain the competence of the defendant for the
9duration of the proceedings.
AB383,245,13
10(6) Subsequent incompetency. If a defendant who has been restored to
11competency thereafter again becomes incompetent, the maximum commitment
12period under
par. (a) s. 975.34 (6) shall be 18 months minus the days spent in previous
13commitments under
this subsection s. 975.34, or 12 months, whichever is less.
AB383,793
14Section
793. 971.14 (6) (title) of the statutes is repealed.
AB383,794
15Section
794. 971.14 (6) (a) of the statutes is repealed.
AB383,795
16Section
795. 971.14 (6) (b) of the statutes is renumbered 975.38 (1) and
17amended to read:
AB383,246,1418
975.38
(1) When the court
finds under s. 975.34 (6) (b) 1. that a defendant is
19not likely to become competent, or discharges a defendant from commitment under
20par. (a) s. 975.36 (4), it may order that the defendant be taken immediately into
21custody by a law enforcement official and promptly delivered to a facility specified
22in s. 51.15 (2), an approved public treatment facility under s. 51.45 (2) (c), or an
23appropriate medical or protective placement facility. Thereafter, detention of the
24defendant shall be governed by s. 51.15, 51.45 (11), or 55.135, as appropriate. The
25district attorney or corporation counsel may prepare a statement
meeting that
1satisfies the requirements of s. 51.15 (4) or (5), 51.45 (13) (a), or 55.135 based on the
2allegations of the criminal complaint and the evidence in the case.
This statement
3shall be given If an attorney prepares such a statement, he or she shall provide a copy
4of the statement to the director of the facility to which the defendant is delivered and
5filed file the statement with the branch of
circuit court assigned to exercise criminal
6jurisdiction in the county in which the criminal charges are pending
, where it shall.
7The filed statement shall suffice, without corroboration by other petitioners, as a
8petition for commitment under s. 51.20 or 51.45 (13) or a petition for protective
9placement under s. 55.075. This
section subsection does not restrict the power of the
10branch of
circuit court in which the
petition statement is filed to transfer the matter
11to the branch of
circuit court assigned to exercise jurisdiction under ch. 51 in the
12county. Days spent in commitment or protective placement pursuant to a petition
13under this
paragraph shall not be deemed subsection do not count as days spent in
14custody under s. 973.155.
AB383,796
15Section
796. 971.14 (6) (c) of the statutes is renumbered 975.38 (2) and
16amended to read:
AB383,247,217
975.38
(2) If a
person defendant is committed under s. 51.20 pursuant to a
18petition under
par. (b) sub. (1), the county department under s. 51.42 or 51.437 to
19whose care and custody the
person defendant is committed shall notify the court
20which that released the defendant under s. 975.34 (6) (b) 1. or discharged the
person 21defendant under
par. (a) s. 975.36 (4), the district attorney for the county in which
22that court is located
, and the
person's defendant's attorney of record in the
prior 23suspended criminal proceeding at least 14 days
prior to before transferring or
24discharging the defendant from an inpatient treatment facility and at least 14 days
25prior to before the expiration of the order of commitment or any subsequent
1consecutive order, unless the
department or county department
or the department
2of health services has applied for an extension
of the order.
AB383,797
3Section
797. 971.14 (6) (d) of the statutes is renumbered 975.38 (3) and
4amended to read:
AB383,247,175
975.38
(3) Counsel who
have received
receive notice under
par. (c) sub. (2) or
6who otherwise obtain information that a defendant
released under s. 975.34 (6) (b)
71. or discharged under
par. (a) s. 975.36 (4) may have become competent
to proceed
8in a criminal case may move the court to order that the defendant undergo a
9competency examination under
sub. (2) s. 975.32. If the court
so orders, a report shall
10be filed under sub. (3) and a hearing held under sub. (4) orders an examination under
11s. 975.32, the examiner shall file a report under s. 975.33 and the court shall proceed
12under s. 975.34. If the court determines that the defendant is competent
to proceed,
13the
court shall resume the criminal proceeding
shall be resumed. If the court
14determines that the defendant is not competent
to proceed, it shall release
him or her 15the defendant but may impose
such reasonable nonmonetary conditions
as will on
16the defendant to protect the public and enable the court and district attorney to
17discover whether the
person defendant subsequently becomes competent.
AB383,798
18Section
798. 971.15 of the statutes is renumbered 975.50, and 975.50 (2), as
19renumbered, is amended to read:
AB383,247,2220
975.50
(2) As used in this chapter, the
terms term "mental disease or defect"
21do does not include an abnormality manifested only by repeated criminal or
22otherwise antisocial conduct.
AB383,799
23Section
799. 971.16 (title) of the statutes is renumbered 975.51 (title).
AB383,800
24Section
800. 971.16 (1) of the statutes is repealed.
AB383,801
1Section
801. 971.16 (2) of the statutes is renumbered 975.51 (1) and amended
2to read:
AB383,248,113
975.51
(1) If
the a defendant
has entered enters a plea of not guilty by reason
4of mental disease or defect or there is
other reason to believe that
the defendant has
5a mental disease or defect
of the defendant will otherwise that will become an issue
6in the case, the court may appoint at least one
physician or at least one psychologist,
7but and not more than 3 physicians or psychologists or
a combination thereof, to
8examine the defendant and to testify at the trial.
If the court appoints a physician
9or psychologist under this section, the court shall inform the jury, if there is one, that
10the court appointed the physician or psychologist and shall permit both parties to
11cross-examine the physician or psychologist.
AB383,248,15
12(2) (a) The
compensation of the physicians or psychologists shall be fixed by the
13court and paid by court shall set the fee for an examination conducted by a physician
14or psychologist appointed under sub. (1) and the county
, upon the order of the court
,
15shall pay the fee as part of the costs of the action.
The receipt by any
AB383,248,24
16(b) A physician or psychologist
summoned under this section of any other
17compensation than that so fixed by the court and paid by the county, or the offer or
18promise by any person to pay such other compensation, is unlawful and may not
19accept compensation other than the fee under par. (a), for conducting an examination
20under sub. (1) and no person may offer or promise to pay the physician or psychologist
21other compensation for the examination. Violation of this paragraph is punishable
22as contempt of court.
The fact that the physician or psychologist has been appointed
23by the court shall be made known to the jury and the physician or psychologist shall
24be subject to cross-examination by both parties.
AB383,802
1Section
802. 971.16 (3) (intro.) of the statutes is renumbered 975.51 (3) and
2amended to read:
AB383,249,223
975.51
(3) Not less than 10 days before trial, or at
any other time that the court
4directs a different time if directed by the court, any physician or psychologist
5appointed under sub.
(2) (1) shall file a
written report of his or her examination of
6the defendant with the
judge, who court, and the court shall cause copies
of the report 7to be transmitted to the district attorney and to
counsel for the defendant. The
8contents of the report shall be confidential until the physician or psychologist has
9testified or at the completion of the trial the defendant's attorney. The report shall
10contain
an the physician's or psychologist's opinion regarding the ability of the
11defendant to appreciate the wrongfulness of the defendant's conduct or to conform
12the defendant's conduct with the requirements of law at the time of the commission
13of the criminal offense charged and, if sufficient information is available to the
14physician or psychologist to reach an opinion, his or her opinion on whether the
15defendant needs medication or treatment and whether the defendant is not
16competent to refuse medication or treatment. The
defendant is not competent to
17refuse medication or treatment if, because of mental illness, developmental
18disability, alcoholism or drug dependence, and after the advantages and
19disadvantages of and alternatives to accepting the particular medication or
20treatment have been explained to the defendant, one of the following is true: contents
21of the report shall be confidential until the physician or psychologist has testified or
22until the completion of the trial.
AB383,803
23Section
803. 971.16 (3) (a) of the statutes is repealed.
AB383,804
24Section
804. 971.16 (3) (b) of the statutes is repealed.
AB383,805
1Section
805. 971.16 (4) of the statutes is renumbered 975.51 (4) (a) and
2amended to read:
AB383,250,173
975.51
(4) (a) If the defendant wishes to be examined by a physician,
4psychologist
, or other expert of his or her
own choice, the examiner shall be permitted
5to have reasonable access to the defendant for the purposes of examination.
No
6testimony An examiner selected by the defendant may not testify at trial regarding
7the mental condition of the defendant
shall be received from a physician,
8psychologist or expert witness summoned by the defendant unless
not less than the
9examiner provides a report of his or her examination of the defendant to the district
10attorney at least 15 days before trial
a report of the examination has been
11transmitted to the district attorney and unless the
prosecution state has been
12afforded an opportunity
, if it requests one within a reasonable time before trial, to
13examine and observe the defendant
if the opportunity has been seasonably
14demanded. The state may summon a physician, psychologist or other expert to
15testify, but that witness shall not give testimony unless not less than 15 days before
16trial a written report of his or her examination of the defendant has been transmitted
17to counsel for the defendant.
AB383,806
18Section
806. 971.16 (5) of the statutes is renumbered 975.51 (5) (a) and
19amended to read:
AB383,251,1320
975.51
(5) (a)
If Except as provided in par. (b), if a physician, psychologist
, or
21other expert who has examined the defendant testifies
concerning regarding the
22defendant's mental condition, he or she shall be permitted to make a statement as
23to the nature of his or her examination, his or her diagnosis of the mental condition
24of the defendant at the time of the commission of the offense charged, his or her
25opinion as to the ability of the defendant to appreciate the wrongfulness of the
1defendant's conduct or to conform to the requirements of law and, if sufficient
2information is available to the physician, psychologist
, or expert to reach an opinion,
3his or her opinion on whether the defendant needs medication or treatment and
4whether the defendant is not competent to refuse medication or treatment
for the
5defendant's mental condition. Testimony concerning the defendant's need for
6medication or treatment and competence to refuse medication or treatment may not
7be presented before the jury that is determining the ability of the defendant to
8appreciate the wrongfulness of his or her conduct or to conform his or her conduct
9with the requirements of law at the time of the commission of the criminal offense
10charged. The physician, psychologist
, or other expert shall be permitted to make an
11explanation
reasonably serving that reasonably serves to clarify his or her diagnosis
12and opinion and may be cross-examined as to any matter bearing on his or her
13competency or credibility or the validity of his or her diagnosis or opinion.
AB383,807
14Section
807. 971.16 (6) of the statutes is renumbered 975.51 (6) and amended
15to read:
AB383,251,1816
975.51
(6) Nothing in this section
shall require the attendance at the trial of
17any requires a physician, psychologist
, or other expert witness
to attend the trial for
18any purpose other than
the giving of to give his or her testimony.
AB383,808
19Section
808. 971.165 (title) of the statutes is renumbered 975.52 (title).
AB383,809
20Section
809. 971.165 (1) of the statutes is renumbered 975.52 (2), and 975.52
21(2) (intro.) and (c) (intro.), 2. and 3., as renumbered, are amended to read:
AB383,251,2422
975.52
(2) Joined with a plea of not guilty. (intro.)
If a defendant
couples joins 23a plea of not guilty with a plea of not guilty by reason of mental disease or defect
, all
24of the following apply:
AB383,252,2
1(c) (intro.) If both pleas are tried to a jury, that jury shall be the same, except
2that
all of the following apply:
AB383,252,53
2. If the jury is discharged prior to reaching a verdict on the 2nd plea, the
4defendant shall not
solely on that account be entitled to a redetermination of the first
5plea and a different jury
of 12 may be selected to determine the 2nd plea only.
AB383,252,96
3. If an appellate court reverses a judgment as to the 2nd plea but not as to the
7first plea and remands for further proceedings, or if the
trial circuit court vacates the
8judgment as to the 2nd plea but not as to the first plea, the 2nd plea may be
9determined by a different jury selected for this purpose.
AB383,810
10Section
810. 971.165 (2) of the statutes is renumbered 975.52 (3) and amended
11to read:
AB383,252,2112
975.52
(3) Informing jury of effect of verdict. If the plea of not guilty by
13reason of mental disease or defect is tried to a jury, the court shall inform the jury
14that the effect of a verdict of not guilty by reason of mental disease or defect is that,
15in lieu of criminal sentence or probation, the defendant will be committed to the
16custody of the department
of health services and
will be placed in an appropriate
17institution unless the court determines that the defendant would not pose a danger
18to himself or herself or to others if released under conditions ordered by the court.
19No A verdict on
the
a plea of not guilty by reason of mental disease or defect
may be 20that is tried by a jury is not valid
or and may not be received unless agreed to by at
21least five-sixths of the jurors.
AB383,811
22Section
811. 971.165 (3) (a) of the statutes is renumbered 975.52 (4) (a) and
23amended to read:
AB383,253,3
1975.52
(4) (a) If a defendant is not found not guilty by reason of mental disease
2or defect, the court shall
enter grant a judgment of conviction
and shall either impose
3or withhold sentence under s.
972.13 (2) 972.28 (1).