AB383: Bill Text

AB383,272,7 975.49 Applicability of ss. 975.57 to 975.64. This section subchapter governs the commitment, release, and discharge of persons adjudicated not guilty by reason of mental disease or mental defect for offenses committed on or after January 1, 1991. The commitment, release, and discharge of persons adjudicated not guilty by reason of mental disease or mental defect for offenses committed prior to January 1, 1991, shall be are governed by s. 971.17, 1987 stats., as affected by 1989 Wisconsin Act 31.

AB383,867 Section 867. 971.18 of the statutes is renumbered 975.21 and amended to read:

AB383,272,15 975.21 Inadmissibility of statements made for purposes of examination. A statement made by a person subjected who is subject to a psychiatric examination or to treatment pursuant to under this chapter that is made for the purposes purpose of such the examination or treatment shall is not be admissible in evidence against the person in any criminal proceeding on any issue other than that of the person's mental condition.

AB383,868 Section 868. 971.19 of the statutes is renumbered 970.14, and 970.14 (title), (1), (2), (3), (4), (5), (6), (8), (9) (intro.), (10), (11) and (12), as renumbered, are amended to read:

AB383,272,21 970.14 Place of trial Venue. (1) Criminal actions Trials shall be tried in the county where the crime was committed, except as otherwise provided in this section or in s. 971.09.

AB383,272,25 (2) Where 2 or more acts are requisite to the commission of any offense crime requires 2 or more acts, the trial may be in any county in which any of such acts occurred. In a case involving a charge of conspiracy under s. 939.31, the trial may be in any county in which a conspiratorial act took place.

AB383,273,3 (3) Where an offense a crime is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried trial may be in any of such counties.

AB383,273,8 (4) If a crime is committed in, on, by use of, or against any vehicle passing through or within this state, and it cannot readily be determined in which county the crime was committed, the defendant may be tried trial may be in any county through which such vehicle has passed or in the county where the defendant's travel commenced or terminated in which the vehicle has traveled.

AB383,273,12 (5) If the act causing death is in one county and the death ensues in another, the defendant may be tried trial may be in either county. If neither location can readily be determined, the defendant may be tried trial may be in the county where the body is found.

AB383,273,15 (6) If an offense is commenced outside the state and is consummated within the state, the defendant may be tried trial may be in the county where the offense was consummated.

AB383,273,18 (8) In an action for a violation of s. 948.31, the defendant may be tried trial may be in the county where the crime was committed or the county of lawful residence of the child.

AB383,273,24 (9) (intro.) In an action under s. 301.45 (6) (a) or (ag), the defendant may be tried trial may be in the defendant's county of residence at the time that the complaint is filed. If the defendant does not have a county of residence in this state at the time that the complaint is filed, or if the defendant's county of residence is unknown at the time that the complaint is filed, defendant may be tried trial may be in any of the following counties:

AB383,274,6 (10) In an action under s. 30.547 for intentionally falsifying an application for a certificate of number, a registration or a certificate of title, the defendant may be tried trial may be in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the boat if purchased from a dealer, or the county where the department of natural resources received the application.

AB383,274,12 (11) In an action under s. 943.201, the defendant may be tried trial may be in the county where the victim or intended victim resided at the time of the offense or in any other county designated under this section. In an action under s. 943.203, the defendant may be tried trial may be in the county where the victim or intended victim was located at the time of the offense or in any other county designated under this section.

AB383,274,21 (12) Except as provided in s. 971.223 971.72, in an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 a defendant who is trial for a resident of this state shall be tried in circuit the court for the county where the defendant person resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

AB383,869 Section 869. 971.20 (title), (1), (2), (4), (5), (6), (7), (8), (9), (10) and (11) of the statutes are renumbered 967.16 (title), (1), (2), (3), (4), (5), (6), (7), (8), (9) and (10), and 967.16 (2), (3), (8) and (9), as renumbered, are amended to read:

AB383,275,3 967.16 (2) One substitution. In any criminal action, the defendant has a right to only one substitution of a judge, except under sub. (7) (6). The right of substitution shall be exercised as provided in this section.

AB383,275,7 (3) Substitution of trial judge originally assigned. A written request for the substitution of a different judge for the judge originally assigned to the trial of the action may be filed with the clerk before making any motions to the trial court and before arraignment entry of a plea.

AB383,275,11 (8) Judge's authority to act. Upon the filing of a request for substitution in proper form and within the proper time, the judge whose substitution has been requested has no authority to act further in the action except to conduct the initial appearance, accept pleas, and set bail conditions of release.

AB383,275,13 (9) Form of request. A request for substitution of a judge may be made in the following form:

AB383,275,14 STATE OF WISCONSIN

AB383,275,15 CIRCUIT COURT

AB383,275,16 .... County

AB383,275,17 State of Wisconsin

AB383,275,18 vs.

AB383,275,19 ....(Defendant)

AB383,275,21 Pursuant to s. 971.20 967.16 the defendant (or defendants) request (s) a substitution for the Hon. .... as judge in the above entitled action.

AB383,275,22 Dated ...., .... (year)

AB383,275,23 ....(Signature of defendant or defendant's attorney)

AB383,870 Section 870. 971.20 (3) of the statutes is repealed.

AB383,871 Section 871. 971.22 of the statutes is renumbered 971.70 and amended to read:

AB383,276,5 971.70 Change of place of trial. (1) The defendant may move for a to change of the place of trial on the ground that an impartial trial cannot be had in the county. The motion shall be made at arraignment, but it may be made thereafter for cause.

AB383,276,8 (2) The motion shall be in writing and supported by an affidavit which shall state stating evidentiary facts showing the nature of the prejudice alleged. The district attorney may file counter affidavits.

AB383,276,20 (3) If the court determines that there exists prejudice in the county where the action is pending such prejudice that will prevent a fair trial cannot be had, it shall order that conduct the trial be held in any county where an impartial a fair trial can be had. Only one change may be granted under this subsection. The judge who orders the change in the place of trial shall preside at the trial. Preliminary matters prior to trial may be conducted in either county at the discretion of the court. The judge or, if the requirements under s. 971.71 (1) are satisfied, order the selection of a jury from another county under s. 971.71 (2). If the court conducts the trial in another county, it shall determine where the defendant, if he or she is in custody, shall be held and where the record shall be kept. If the criteria under s. 971.225 (1) (a) to (c) exist, the court may proceed under s. 971.225 (2) The court, in its discretion, may conduct pretrial matters in either county.

AB383,872 Section 872. 971.223 of the statutes is renumbered 971.72, and 971.72 (3) and (4), as renumbered, are amended to read:

AB383,276,25 971.72 (3) This section does not affect which prosecutor has responsibility under s. 978.05 (1) to prosecute criminal actions arising from violations described under sub. (1).

AB383,277,3 (4) This section does not affect the application of s. 971.22 971.70. In actions described under sub. (1), the court may enter an order under s. 971.225 971.71 only if the order is agreed to by the defendant.

AB383,873 Section 873. 971.225 (title) of the statutes is renumbered 971.71 (title).

AB383,874 Section 874. 971.225 (1) (intro.), (a) and (c) of the statutes are renumbered 971.71 (1) (intro.), (a) and (b), and 971.71 (1) (intro.) and (a), as renumbered, are amended to read:

AB383,277,10 971.71 (1) (intro.) In lieu of If there are grounds for changing the place of trial under s. 971.22 (3) or 971.223 971.70 (3) or 971.72 and all of the following conditions are satisfied, the court may require the selection of a jury under sub. (2) if:

AB383,277,12 (a) The court has decided to sequester the jurors after the commencement of the trial, as provided in s. 972.12; 972.05.

AB383,875 Section 875. 971.225 (1) (b) of the statutes is repealed.

AB383,876 Section 876. 971.225 (2) of the statutes is renumbered 971.71 (2) and amended to read:

AB383,277,20 971.71 (2) If the court decides to proceed under this section it shall follow the procedure under s. 971.22 971.70 until the jury is chosen in the 2nd county. At that time, the proceedings shall return to the original county using the jurors selected in the 2nd county. The original county shall reimburse the 2nd county for all applicable costs under s. 814.22.

AB383,877 Section 877. 971.23 (title) of the statutes is repealed.

AB383,878 Section 878. 971.23 (1) (intro.) of the statutes is renumbered 971.43 (2) (intro.) and amended to read:

AB383,278,6 971.43 (2) What a district attorney must disclose to a defendant Material to be disclosed. (intro.) Upon demand, the The district attorney shall, within a reasonable time before trial, disclose to the defendant or his or her attorney defense the following material and information, not previously disclosed before or at the initial appearance, and permit the defendant or his or her attorney to inspect and copy or photograph all of the following materials and information, if it is within the possession, custody or control of the state inspection, copying, testing, and photographing of disclosed documents or tangible objects:

AB383,879 Section 879. 971.23 (1) (a) of the statutes is renumbered 971.43 (2) (a) and amended to read:

AB383,278,12 971.43 (2) (a) Any written or recorded statement concerning the alleged crime made by the defendant, including the testimony of the defendant in a secret proceeding under s. 968.26 at an inquest or before a grand jury, and the names of witnesses to the defendant's written statements.

AB383,880 Section 880. 971.23 (1) (b) of the statutes is renumbered 971.43 (2) (c) and amended to read:

AB383,278,17 971.43 (2) (c) A written summary of all oral statements of the defendant which that the district attorney plans to use in the course of the at trial and the names of witnesses to the defendant's oral statements.

AB383,881 Section 881. 971.23 (1) (bm) of the statutes is renumbered 971.43 (2) (d) and amended to read:

AB383,278,21 971.43 (2) (d) Evidence obtained in the manner described under s. 968.31 968.345 (2) (b), if the district attorney intends to use the evidence at trial.

AB383,882 Section 882. 971.23 (1) (c) of the statutes is renumbered 971.43 (2) (g).

AB383,883 Section 883. 971.23 (1) (d) of the statutes is renumbered 971.45 and amended to read:

AB383,279,6 971.45 Witness lists. A Upon demand by the other party, a party shall provide a list of all witnesses and their addresses whom the district attorney he or she intends to call at the trial. The list shall include each witness's name and address and shall be provided not less than 10 days before trial or at another time set by the court. This paragraph section does not apply to rebuttal witnesses or those witnesses called for impeachment only.

AB383,884 Section 884. 971.23 (1) (e) of the statutes is renumbered 971.46 (2) and amended to read:

AB383,279,15 971.46 (2) Any relevant written or recorded statements of a witness named on a list under par. (d), including any audiovisual recording of an oral statement of a child under s. 908.08, Furnish any reports or statements of experts made in connection with the case or, if an expert does not prepare a report or statement, a written summary of the expert's findings or the subject matter of his or her testimony, and the results of any physical or mental examination, scientific test, experiment, or comparison that the district attorney party intends to offer in evidence at trial.

AB383,885 Section 885. 971.23 (1) (f) of the statutes is renumbered 971.43 (2) (i) and amended to read:

AB383,279,20 971.43 (2) (i) The criminal record of a prosecution witness which is, and if known to the district attorney, any pending charges against, any person whom the district attorney intends to call as a trial witness.

AB383,886 Section 886. 971.23 (1) (g) of the statutes is renumbered 971.43 (2) (j) and amended to read:

AB383,279,24 971.43 (2) (j) Any physical evidence that the district attorney intends to offer in evidence at the trial.

AB383,887 Section 887. 971.23 (1) (h) of the statutes is renumbered 971.43 (2) (k).

AB383,888 Section 888. 971.23 (2m) (intro.) of the statutes is renumbered 971.44 (2) (intro.) and amended to read:

AB383,280,9 971.44 (2) What a defendant must disclose to the district attorney Material to be disclosed. (intro.) Upon demand, the defendant or his or her attorney The defense shall, within a reasonable time before trial, disclose to the district attorney and permit the district attorney to inspect and copy or photograph all of the following materials material and information , if it is within the possession, custody or control of the defendant and permit inspection, copying, testing, and photographing of disclosed documents or tangible objects:

AB383,889 Section 889. 971.23 (2m) (a) of the statutes is repealed.

AB383,890 Section 890. 971.23 (2m) (am) of the statutes is repealed.

AB383,891 Section 891. 971.23 (2m) (b) of the statutes is renumbered 971.44 (2) (b) and amended to read:

AB383,280,16 971.44 (2) (b) The If known to the defense, the criminal record of a any person whom the defense intends to call as a trial witness, other than the defendant, which is known to the defense attorney.

AB383,892 Section 892. 971.23 (2m) (c) of the statutes is renumbered 971.44 (2) (c) and amended to read:

AB383,280,20 971.44 (2) (c) Any physical evidence that the defendant defense intends to offer in evidence at the trial.

AB383,893 Section 893. 971.23 (3) of the statutes is renumbered 971.54 and amended to read:

AB383,281,6 971.54 Comment or instruction on failure to call witness Failure to use disclosed material at trial. No comment or instruction The fact that a party has indicated during the discovery process an intention to offer specified evidence or to call a specified witness is not admissible in evidence at a hearing or trial. If a party fails to offer such evidence or call such a witness, neither the court nor any other party or witness may make any statement regarding the that failure to call a witness at the trial shall be made or given if the sole basis for such comment or instruction the statement is the fact that the evidence or name of the witness appears upon a list furnished pursuant to this section was disclosed under this subchapter.

AB383,894 Section 894. 971.23 (5) of the statutes is renumbered 971.48 (1) and amended to read:

AB383,281,12 971.48 (1) Scientific testing. On Upon motion of a by either party subject to s. 971.31 (5), the court may order the production of any item of physical evidence which that is intended to be introduced at the trial for scientific analysis under such terms and conditions as the court prescribes.

AB383,895 Section 895. 971.23 (5c) (title) of the statutes is repealed.

AB383,896 Section 896. 971.23 (5c) of the statutes is renumbered 971.58 (1).

AB383,897 Section 897. 971.23 (6) (title) of the statutes is renumbered 971.52 (title) and amended to read:

AB383,281,17 971.52 (title) Protective order orders, other special procedures.

AB383,898 Section 898. 971.23 (6) of the statutes is renumbered 971.52 (1) and amended to read:

AB383,281,22 971.52 (1) Upon motion of a party, the court may at any time order that discovery, inspection or the listing of witnesses required under this section subchapter be denied, restricted, or deferred, or make other appropriate orders.

AB383,282,4 (2) If the district attorney or defense counsel certifies that to list listing a witness under s. 971.45 may subject the witness or others to physical or economic harm or coercion, the court may order that the deposition of the witness be taken pursuant to s. 967.04 (2) to (6) 967.21. The name of the witness need not be divulged prior to the taking of such deposition. If the witness becomes unavailable or changes his or her testimony, the deposition shall be admissible at trial as substantive evidence.

AB383,899 Section 899. 971.23 (6c) (title) of the statutes is repealed.

AB383,900 Section 900. 971.23 (6c) of the statutes is renumbered 971.58 (2) and amended to read:

AB383,282,10 971.58 (2) Except as provided in s. 967.04 967.21, the defendant or his or her attorney may not compel a victim of a crime to submit to a pretrial interview or deposition.

AB383,901 Section 901. 971.23 (6m) of the statutes is renumbered 971.53 and amended to read:

AB383,282,20 971.53 In camera proceedings. Either Upon motion of a party, the court may move for conduct an in camera inspection by the court of any document required to be disclosed under sub. (1) or (2m) for the purpose of masking or deleting any material which is not relevant to the case being tried. The court shall mask or delete any irrelevant material s. 971.035, 971.43, or 971.44. Any in camera proceeding shall be reported and the court shall enter any order necessary to preserve the confidentiality of the record. The original or a copy of any material that is not disclosed shall be sealed and preserved as part of the record.

AB383,902 Section 902. 971.23 (7) of the statutes is renumbered 971.50 and amended to read:

AB383,283,3 971.50 Continuing duty to disclose. If, subsequent to compliance after complying with a requirement of this section chapter, and prior to before or during trial, a party discovers additional material or the names of additional witnesses requested which that are subject to discovery, inspection, or production under this section subchapter, the party shall promptly notify the other party of the existence of the additional material or names.