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.
AB383,934
1Section
934. 971.31 (11) of the statutes is renumbered 971.65 (6) and amended
2to read:
AB383,290,93
971.65
(6) Prior sexual conduct evidence. In actions under s. 940.225, 948.02,
4948.025,
948.05, 948.051,
948.06, 948.085, or 948.095, or under s. 940.302 (2), if the
5court finds that the crime was sexually motivated, as defined in s. 980.01 (5),
6evidence
which that is admissible under s.
972.11 (2) 904.045 must be determined
7by the court upon pretrial motion to be material to a fact at issue in the case and of
8sufficient probative value to outweigh its inflammatory and prejudicial nature
9before it may be introduced at trial.
AB383,935
10Section
935. 971.31 (12) of the statutes is renumbered 971.65 (7) and amended
11to read:
AB383,290,1412
971.65
(7) Evidence of personal or medical history. In actions under s.
13940.22, the court may determine the admissibility of evidence under s.
972.11 940.22
14(6) only upon a pretrial motion.
AB383,936
15Section
936. 971.31 (13) of the statutes is renumbered 971.77, and 971.77 (2),
16as renumbered, is amended to read:
AB383,290,2117
971.77
(2) The court shall retain jurisdiction unless the juvenile proves by a
18preponderance of the evidence that he or she did not commit the violation under the
19circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that
20transfer would be appropriate because all of the factors specified in
par. (a) 1., 2. and
213. sub. (1) (a), (b), and (c) are met.
AB383,937
22Section
937. 971.315 of the statutes is renumbered 970.10 (2) and amended
23to read:
AB383,291,3
1970.10
(2) Inquiry upon dismissal. Before a court dismisses a criminal charge
2against a person under sub. (1), the court shall inquire of the district attorney
3whether he or she has complied with s. 971.095 (2).
AB383,938
4Section
938. 971.32 of the statutes is renumbered 970.21.
AB383,939
5Section
939. 971.34 of the statutes is renumbered 970.22.
AB383,940
6Section
940. 971.36 of the statutes is renumbered 970.23.
AB383,941
7Section
941. 971.365 of the statutes is renumbered 970.24.
AB383,942
8Section
942. 971.38 (1) of the statutes is amended to read:
AB383,291,169
971.38
(1) Except as provided in s.
967.055 970.25 (3), the district attorney may
10require as a condition of any deferred prosecution program for any crime that the
11defendant perform community service work for a public agency or a nonprofit
12charitable organization. The number of hours of work required may not exceed what
13would be reasonable considering the seriousness of the alleged offense. An order may
14only apply if agreed to by the defendant and the organization or agency. The district
15attorney shall ensure that the defendant is provided a written statement of the terms
16of the community service order and that the community service order is monitored.
AB383,943
17Section
943. 971.39 (1) (intro.) of the statutes is amended to read:
AB383,291,2118
971.39
(1) (intro.) Except as provided in s.
967.055 970.25 (3), in counties
19having a population of less than 100,000, if a defendant is charged with a crime, the
20district attorney, the department and a defendant may all enter into a deferred
21prosecution agreement which includes, but is not limited to, the following conditions:
AB383,944
22Section
944. Subchapter IV (title) of chapter 971 [precedes 971.42] of the
23statutes is created to read:
AB383,291,2424
chapter 971
AB383,291,2525
Subchapter IV
AB383,945
2Section
945. 971.42 of the statutes is created to read:
AB383,292,4
3971.42 Purposes. Discovery under this subchapter and s. 971.035 is intended,
4consistent with the constitutional rights of the defendant, to do all of the following:
AB383,292,6
5(1) Promote fair and expeditious disposition of criminal charges, whether by
6deferred or suspended prosecution, plea, or trial.
AB383,292,8
7(2) Provide the defendant with sufficient information to make an informed
8plea.
AB383,292,9
9(3) Permit thorough preparation for and minimize surprise at trial.
AB383,292,12
10(4) Reduce interruptions and complications during trial and avoid unnecessary
11and repetitious trials by identifying and resolving any procedural, collateral, or
12constitutional issues before trial.
AB383,292,13
13(5) Minimize inequities among similarly situated defendants.
AB383,292,16
14(6) Effect economies in time, money, judicial resources, and professional skills
15by minimizing paperwork, avoiding repetitious assertion of issues, and reducing the
16number of separate hearings.
AB383,292,17
17(7) Minimize the burden upon victims and witnesses.
AB383,946
18Section
946. 971.43 (title) and (1) of the statutes are created to read:
AB383,292,22
19971.43 (title)
Disclosure by district attorney. (1) Time of disclosure. 20Except as provided in subs. (5) and (8), the district attorney shall make all disclosures
21under this section within a reasonable time before the pretrial conference or at a time
22set in the scheduling order.
AB383,947
23Section
947. 971.43 (2) (b) of the statutes is created to read:
AB383,293,224
971.43
(2) (b) Any written or recorded statement concerning the alleged crime
25made by a codefendant, including the testimony of the codefendant at an inquest, in
1a John Doe proceeding under s. 968.105, or before a grand jury, and the names of
2witnesses to the codefendant's written statements.
AB383,948
3Section
948. 971.43 (2) (br) of the statutes is created to read:
AB383,293,64
971.43
(2) (br) Any record or testimony taken from a John Doe proceeding
5under s. 968.105 that the district attorney intends to use at trial and the names of
6witnesses to the defendant's written statements.
AB383,949
7Section
949. 971.43 (2) (e) of the statutes is created to read:
AB383,293,128
971.43
(2) (e) Any written or recorded statement of a person whom the district
9attorney intends to call as a trial witness that concerns the subject matter of the
10witness's intended testimony, that has been electronically recorded or reduced to
11writing and signed or otherwise approved or adopted by the witness, and that is
12within the possession or control of the state.
AB383,950
13Section
950. 971.43 (2) (f) of the statutes is created to read:
AB383,293,1514
971.43
(2) (f) Any audiovisual recording of an oral statement of a child under
15s. 908.08.
AB383,951
16Section
951. 971.43 (2) (h) of the statutes is created to read:
AB383,293,1817
971.43
(2) (h) After the defendant has obtained or waived legal representation,
18copies of all law enforcement investigative reports relating to the case.
AB383,952
19Section
952. 971.43 (3) of the statutes is created to read:
AB383,293,2320
971.43
(3) Character, reputation, or other acts evidence. If the district
21attorney intends to use evidence of character or reputation or evidence of other
22crimes or acts under s. 904.04 (2), he or she shall notify the defense of that intention
23and of the substance of the evidence to be used.
AB383,953
24Section
953. 971.43 (4) of the statutes is created to read:
AB383,294,4
1971.43
(4) Electronic surveillance. If the defendant's conversations or
2premises have been subjected to electronic surveillance, including wiretapping, in
3connection with the investigation or prosecution of the case, the district attorney
4shall inform the defense of that fact.
AB383,954
5Section
954. 971.43 (6) of the statutes is created to read:
AB383,294,96
971.43
(6) Material possessed by investigative personnel. The district
7attorney shall make reasonable efforts to ensure that investigative personnel
8provide material and information relevant to the crime charged to the district
9attorney's office.
AB383,955
10Section
955. 971.43 (7) of the statutes is created to read:
AB383,294,1511
971.43
(7) Material possessed by other agencies. If the district attorney
12knows that material and information that would be discoverable if in his or her
13possession is in the possession or control of a government agency not reporting
14directly to the district attorney, the district attorney shall disclose the fact of the
15existence of such material or information to the defense.
AB383,956
16Section
956. 971.43 (8) of the statutes is created to read:
AB383,294,1917
971.43
(8) Notice of intent to use codefendant's statement. If the district
18attorney intends to use the statement of a codefendant to implicate the defendant in
19the crime charged, he or she shall inform the defendant before trial.
AB383,957
20Section
957. 971.44 (title) and (1) of the statutes are created to read: