AB383,883
23Section
883. 971.23 (1) (d) of the statutes is renumbered 971.45 and amended
24to read:
AB383,279,6
1971.45 Witness lists. A Upon demand by the other party, a party shall
2provide a list of all witnesses
and their addresses whom
the district attorney he or
3she intends to call at the trial.
The list shall include each witness's name and address
4and shall be provided not less than 10 days before trial or at another time set by the
5court. This
paragraph section does not apply to rebuttal witnesses or
those witnesses 6called for impeachment only.
AB383,884
7Section
884. 971.23 (1) (e) of the statutes is renumbered 971.46 (2) and
8amended to read:
AB383,279,159
971.46
(2) Any relevant written or recorded statements of a witness named on
10a list under par. (d), including any audiovisual recording of an oral statement of a
11child under s. 908.08, Furnish any reports or statements of experts made in
12connection with the case or, if an expert does not prepare a report or statement, a
13written summary of the expert's findings or the subject matter of his or her testimony,
14and the results of any physical or mental examination, scientific test, experiment
, 15or comparison that the
district attorney party intends to offer in evidence at trial.
AB383,885
16Section
885. 971.23 (1) (f) of the statutes is renumbered 971.43 (2) (i) and
17amended to read:
AB383,279,2018
971.43
(2) (i) The criminal record of
a prosecution witness which is, and if 19known to the district attorney
, any pending charges against, any person whom the
20district attorney intends to call as a trial witness.
AB383,886
21Section
886. 971.23 (1) (g) of the statutes is renumbered 971.43 (2) (j) and
22amended to read:
AB383,279,2423
971.43
(2) (j) Any physical evidence that the district attorney intends to offer
24in evidence at the trial.
AB383,887
25Section
887. 971.23 (1) (h) of the statutes is renumbered 971.43 (2) (k).
AB383,888
1Section
888. 971.23 (2m) (intro.) of the statutes is renumbered 971.44 (2)
2(intro.) and amended to read:
AB383,280,93
971.44
(2) What a defendant must disclose to the district attorney Material
4to be disclosed. (intro.)
Upon demand, the defendant or his or her attorney The
5defense shall
, within a reasonable time before trial, disclose to the district attorney
6and permit the district attorney to inspect and copy or photograph all of the following
7materials material and information
, if it is within the possession, custody or control
8of the defendant and permit inspection, copying, testing, and photographing of
9disclosed documents or tangible objects:
AB383,889
10Section
889. 971.23 (2m) (a) of the statutes is repealed.
AB383,890
11Section
890. 971.23 (2m) (am) of the statutes is repealed.
AB383,891
12Section
891. 971.23 (2m) (b) of the statutes is renumbered 971.44 (2) (b) and
13amended to read:
AB383,280,1614
971.44
(2) (b)
The If known to the defense, the criminal record of
a
any person
15whom the defense
intends to call as a trial witness, other than the defendant
, which
16is known to the defense attorney.
AB383,892
17Section
892. 971.23 (2m) (c) of the statutes is renumbered 971.44 (2) (c) and
18amended to read:
AB383,280,2019
971.44
(2) (c) Any physical evidence that the
defendant defense intends to offer
20in evidence at
the trial.
AB383,893
21Section
893. 971.23 (3) of the statutes is renumbered 971.54 and amended to
22read:
AB383,281,6
23971.54 Comment or instruction on failure to call witness Failure to use
24disclosed material at trial. No comment or instruction The fact that a party has
25indicated during the discovery process an intention to offer specified evidence or to
1call a specified witness is not admissible in evidence at a hearing or trial. If a party
2fails to offer such evidence or call such a witness, neither the court nor any other
3party or witness may make any statement regarding
the that failure
to call a witness
4at the trial shall be made or given if the sole basis for
such comment or instruction 5the statement is the fact
that the
evidence or name of the witness
appears upon a list
6furnished pursuant to this section was disclosed under this subchapter.
AB383,894
7Section
894. 971.23 (5) of the statutes is renumbered 971.48 (1) and amended
8to read:
AB383,281,129
971.48
(1) Scientific testing.
On Upon motion
of a by either party
subject to
10s. 971.31 (5), the court may order the production of any item of physical evidence
11which that is intended to be introduced at the trial for scientific analysis under such
12terms and conditions as the court prescribes.
AB383,895
13Section
895. 971.23 (5c) (title) of the statutes is repealed.
AB383,896
14Section
896. 971.23 (5c) of the statutes is renumbered 971.58 (1).
AB383,897
15Section
897. 971.23 (6) (title) of the statutes is renumbered 971.52 (title) and
16amended to read:
AB383,281,17
17971.52 (title)
Protective order orders, other special procedures.
AB383,898
18Section
898. 971.23 (6) of the statutes is renumbered 971.52 (1) and amended
19to read:
AB383,281,2220
971.52
(1) Upon motion of a party, the court may at any time order that
21discovery
, inspection or the listing of witnesses required under this
section 22subchapter be denied, restricted
, or deferred, or make other appropriate orders.
AB383,282,4
23(2) If the district attorney or defense counsel certifies that
to list listing a
24witness
under s. 971.45 may subject the witness or others to physical or economic
25harm or coercion, the court may order that the deposition of the witness be taken
1pursuant to s.
967.04 (2) to (6) 967.21. The name of the witness need not be divulged
2prior to the taking of such deposition. If the witness becomes unavailable or changes
3his or her testimony, the deposition shall be admissible at trial as substantive
4evidence.
AB383,899
5Section
899. 971.23 (6c) (title) of the statutes is repealed.
AB383,900
6Section
900. 971.23 (6c) of the statutes is renumbered 971.58 (2) and amended
7to read:
AB383,282,108
971.58
(2) Except as provided in s.
967.04 967.21, the defendant or his or her
9attorney may not compel a victim of a crime to submit to a pretrial interview or
10deposition.
AB383,901
11Section
901. 971.23 (6m) of the statutes is renumbered 971.53 and amended
12to read:
AB383,282,20
13971.53 In camera proceedings. Either Upon motion of a party
, the court may
14move for conduct an in camera inspection
by the court of any document required to
15be disclosed under
sub. (1) or (2m) for the purpose of masking or deleting any
16material which is not relevant to the case being tried. The court shall mask or delete
17any irrelevant material s. 971.035, 971.43, or 971.44. Any in camera proceeding shall
18be reported and the court shall enter any order necessary to preserve the
19confidentiality of the record. The original or a copy of any material that is not
20disclosed shall be sealed and preserved as part of the record.
AB383,902
21Section
902. 971.23 (7) of the statutes is renumbered 971.50 and amended to
22read:
AB383,283,3
23971.50 Continuing duty to disclose. If,
subsequent to compliance after
24complying with a requirement of this
section
chapter, and
prior to before or during
25trial, a party discovers additional material or the names of additional witnesses
1requested which that are subject to discovery, inspection
, or production under this
2section subchapter, the party shall promptly notify the other party of the existence
3of the additional material or names.
AB383,903
4Section
903. 971.23 (7m) (a) of the statutes is renumbered 971.55 and
5amended to read:
AB383,283,10
6971.55 Remedies for noncompliance. The court shall exclude any witness
7not listed
, any expert as to whom the requirements of s. 971.46 were not met, or
8evidence not presented for inspection
, testing, or copying required by this
section
9subchapter, unless good cause is shown for failure to comply.
The court may in In 10appropriate cases
, the court may grant the opposing party a recess or a continuance.
AB383,904
11Section
904. 971.23 (7m) (b) of the statutes is repealed.
AB383,905
12Section
905. 971.23 (8) (title) of the statutes is renumbered 971.44 (4) (title).
AB383,906
13Section
906. 971.23 (8) (a) of the statutes is renumbered 971.44 (4) and
14amended to read:
AB383,284,215
971.44
(4) If the
defendant defense intends to
rely upon an alibi as a defense,
16the defendant shall give notice to call witnesses other than the defendant to support
17a defense of alibi, the defense shall notify the district attorney
at the arraignment
18or of that intent at least 30 days before trial
, stating particularly the place where the
19defendant claims to have been when the crime is alleged to have been committed
20together with and the names and addresses of witnesses to the alibi
, if known. If at
21the close of the state's case the defendant withdraws the alibi or if at the close of the
22defendant's case the defendant does not call some or any of the alibi witnesses, the
23state shall not comment on the defendant's withdrawal or on the failure to call some
24or any of the alibi witnesses. The state shall not call any alibi witnesses not called
25by the defendant for the purpose of impeaching the defendant's credibility with
1regard to the alibi notice. Nothing in this section may prohibit the state from calling
2said alibi witnesses for any other purpose whom the defense intends to call at trial.
AB383,907
3Section
907. 971.23 (8) (b) of the statutes is repealed.
AB383,908
4Section
908. 971.23 (8) (c) of the statutes is repealed.
AB383,909
5Section
909. 971.23 (8) (d) of the statutes is renumbered 971.43 (5) and
6amended to read:
AB383,284,157
971.43
(5) Alibi rebuttal. Within 20 days after receipt of the If the defendant
8has provided notice of
an alibi
, or such other time as the court orders defense under
9s. 971.44 (4), the district attorney shall
furnish the defendant notice in writing of,
10within 20 days after receipt of such notice unless otherwise provided in the
11scheduling order, disclose the names and addresses, if known, of any witnesses whom
12the
state proposes to offer in rebuttal to discredit the defendant's alibi. In default of
13such notice, no rebuttal evidence on the alibi issue shall be received unless the court,
14for cause, orders otherwise district attorney intends to call in rebuttal to discredit the
15defendant's alibi.
AB383,910
16Section
910. 971.23 (8) (e) of the statutes is repealed.
AB383,911
17Section
911. 971.23 (9) of the statutes is renumbered 971.47 and amended to
18read:
AB383,284,20
19971.47 Deoxyribonucleic acid evidence.
(1) In this
subsection section, 20"deoxyribonucleic acid profile" has the meaning given in s. 939.74 (2d) (a).
AB383,285,4
21(2) Notwithstanding
sub. (1) (e) or (2m) (am), if either s. 971.46, a party
who 22intends to
submit offer deoxyribonucleic acid profile evidence at a trial to prove or
23disprove the identity of a person
, the party seeking to introduce the evidence shall
24notify the other party
of the intent to introduce the evidence in writing by mail at
25least 45 days before the date set for trial
; and shall provide the other party of his or
1her intent to offer the evidence and, within 15 days
of after receiving a request
, the 2from the other party, shall provide him or her the information and material
identified
3under sub. (1) (e) or (2m) (am), whichever is appropriate, described in s. 971.46 that
4relates to the evidence.
AB383,285,10
5(3) The court shall exclude deoxyribonucleic acid profile evidence at trial
, if the
6notice and production deadlines under
par. (b) sub. (2) are not met, except the court
7may waive the 45 day notice requirement or may extend the 15 day production
8requirement upon stipulation of the parties
, or for good cause, if the court finds that
9no party will be prejudiced by the waiver or extension.
The court may in In 10appropriate cases
the court may grant the opposing party a recess or continuance.
AB383,912
11Section
912. 971.23 (10) (title) of the statutes is repealed.
AB383,913
12Section
913. 971.23 (10) of the statutes is renumbered 971.51 (2).
AB383,914
13Section
914. 971.23 (11) of the statutes is renumbered 971.515, and 971.515
14(1) (intro.) and (a), (3) (a) and (b) and (4), as renumbered, are amended to read:
AB383,285,1515
971.515
(1) (intro.) In this
subsection
section:
AB383,285,1916
(a) "Defense" means the defendant, his or her attorney, and any individual
17retained by the defendant or his or her attorney for the purpose of providing
18testimony if the testimony is expert testimony that relates to an item or material
19included under
par. (b) sub. (2).
AB383,286,3
20(3) (a) Notwithstanding
sub. (1) (e) and (g) s. 971.43 (2) (j), a court shall deny
21any request by the defense to provide, and a district attorney or law enforcement
22agency may not provide to the defense, any item or material required in
par. (b) sub.
23(2) to remain in the possession, custody, and control of a law enforcement agency or
24court, except that a court may order that a copy of an item or material included under
25par. (b) sub. (2) be provided to the defense if that court finds that a copy of the item
1or material has not been made reasonably available to the defense. The defense shall
2have the burden to establish that the item or material has not been made reasonably
3available.
AB383,286,94
(b) If a court orders under
subd. 1. par. (a) a copy of an item or material included
5under
par. (b) sub. (2) to be provided to the defense, the court shall enter a protective
6order under
sub. (6) s. 971.52 (1) that includes an order that the copy provided to the
7defense may not be copied, printed, or disseminated by the defense and shall be
8returned to the court or law enforcement agency, whichever is appropriate, at the
9completion of the trial.
AB383,286,12
10(4) Any item or material that is required under
par. (b) sub. (2) to remain in
11possession, custody, and control of a law enforcement agency or court is not subject
12to the right of inspection or copying under s. 19.35 (1).
AB383,915
13Section
915. 971.26 of the statutes is renumbered 970.11.
AB383,916
14Section
916. 971.27 of the statutes is renumbered 970.12 and amended to
15read:
AB383,286,20
16970.12 Lost information, or destroyed complaint or indictment. In the
17case of the loss or destruction of an information or complaint
If a complaint is lost or
18destroyed, the district attorney may file a copy,
and the prosecution shall proceed
19without delay from that cause. In the case of the loss or destruction of an indictment,
20an information may be filed which shall have the same effect as the original.
AB383,917
21Section
917. 971.29 (title) of the statutes is renumbered 970.09 (title) and
22amended to read:
AB383,286,23
23970.09 (title)
Amending the charge complaint.
AB383,918
24Section
918. 971.29 (1) of the statutes is renumbered 970.09 (1) and amended
25to read:
AB383,287,3
1970.09
(1) A complaint or information may be amended at any time prior to
2arraignment At any time before the defendant enters a plea, the district attorney
3may amend the complaint without leave of the court.
AB383,919
4Section
919. 971.29 (2) of the statutes is renumbered 970.09 (3) and amended
5to read:
AB383,287,86
970.09
(3) At the trial, the The court may allow
amendment of the district
7attorney to amend the complaint
, indictment or information at trial to conform to the
8proof where such amendment is not prejudicial to the defendant.
AB383,287,11
9(4) After verdict the
pleading
complaint shall be deemed amended
as to
10technical variances to conform to the proof if no objection to the relevance of the
11evidence was timely raised upon the trial.
AB383,920
12Section
920. 971.29 (3) of the statutes is repealed.
AB383,921
13Section
921. 971.30 (title) and (1) of the statutes are repealed.
AB383,922
14Section
922. 971.30 (2) (intro.), (a), (b) and (c) of the statutes are consolidated,
15renumbered 971.65 (1) and amended to read:
AB383,287,2316
971.65
(1) Generally. Any motion that is capable of determination before trial
17may be made before trial. Unless otherwise provided or ordered by the court,
all
18motions the motion shall
meet the following criteria: (a) Be be in writing
. (b) Contain 19and contain a caption setting forth the name of the court, the venue, the title of the
20action, the file number,
and a denomination of the party seeking the order or relief
21and a brief description of the type of order or relief sought. (c) State. The motion
22shall state with particularity the grounds for the motion and the order or relief
23sought.
AB383,923
24Section
923. 971.31 (title) of the statutes is repealed.
AB383,924
25Section
924. 971.31 (1) of the statutes is repealed.
AB383,925
1Section
925. 971.31 (2) of the statutes is renumbered 971.65 (3) and amended
2to read:
AB383,288,113
971.65
(3) Particular issues to be raised. Except as provided in sub. (5),
4defenses Defenses and objections based on defects in the institution of the
5proceedings, insufficiency of the complaint
, information or indictment, invalidity in
6whole or in part of the statute on which the prosecution is
founded based, or the use
7of illegal means to secure evidence shall be raised before trial by
a motion or be
8deemed waived. The court may, however, entertain such
a motion at the trial, in
9which case the defendant waives any jeopardy that may have attached.
The motion
10to suppress evidence shall be so entertained with waiver of jeopardy when it appears
11that the defendant is surprised by the state's possession of such evidence.
AB383,926
12Section
926. 971.31 (3) of the statutes is renumbered 972.18 (2) and amended
13to read:
AB383,288,1714
972.18
(2) The admissibility of any statement of the defendant shall be
15determined at the trial by the court in an evidentiary hearing out of the presence of
16the jury, unless the
defendant, by motion, challenges the court ruled on admissibility
17of
such the statement before trial.
AB383,927
18Section
927. 971.31 (4) of the statutes is renumbered 971.65 (4) and amended
19to read:
AB383,288,2420
971.65
(4) Deciding motions before and at trial. Except as provided in sub.
21(3), a motion shall be determined before trial of the general issue
Before trial, the
22court shall determine each motion made under this section unless the court orders
23that it be deferred for determination at the trial. All issues of fact arising out of
such 24the motion shall be
tried determined by the court without a jury.
AB383,928
25Section
928. 971.31 (5) of the statutes is repealed.
AB383,929
1Section
929. 971.31 (6) of the statutes is renumbered 971.65 (5) and amended
2to read:
AB383,289,103
971.65
(5) Custody after dismissal. If the court grants a motion to dismiss
4based upon a defect in the
indictment, information
commencement of the prosecution 5or
in the complaint,
or in the institution of the proceedings, it may
, upon a showing
6that probable cause exists to believe that the defendant has committed a crime, order
7that the defendant be held in custody
or that the defendant's bail be continued for
8not more than
72 48 hours
pending issuance of a new summons or warrant or
that
9the conditions of release be continued for a specified time pending the filing of a new
10indictment, information or complaint.
AB383,930
11Section
930. 971.31 (7) of the statutes is repealed.
AB383,931
12Section
931. 971.31 (8) of the statutes is repealed.
AB383,932
13Section
932. 971.31 (9) of the statutes is renumbered 967.15 and amended to
14read:
AB383,289,17
15967.15 Service upon defendant. A
pleading, notice, motion
, or other
16document required to be served on a defendant may be served upon the defendant's
17attorney of record.
AB383,933
18Section
933. 971.31 (10) of the statutes is renumbered 971.085 (1) (a) and
19amended to read:
AB383,289,2420
971.085
(1) (a) An order denying a motion to suppress evidence or a motion
21challenging the admissibility of a statement of a defendant
may be reviewed upon
22appeal from a final judgment or order notwithstanding the fact that the judgment
23or order was entered upon a plea of guilty or no contest to the information or criminal
24complaint.