AB383: Bill Text

AB383,300,25 (b) A joint trial at which the statement is received in evidence only after all references to the movant have been deleted, if admission of the statement with the deletions made will not prejudice the movant.

AB383,301,1 (c) A separate trial for the movant.

AB383,301,3 (d) With the approval of the court, a separate jury for each defendant sitting in a single trial.

AB383,974 Section 974. 971.69 of the statutes is created to read:

AB383,301,9 971.69 Pretrial dismissal of complaint. (1) A defendant may move for pretrial dismissal of the complaint or of any count in the complaint. The defendant may provide one or more affidavits in support of the motion. The motion shall state with particularity the grounds upon which it is based and shall specify all of the following:

AB383,301,12 (a) The elements of the crime charged or other facts the state is required to prove at trial that the defendant believes the state cannot prove because there is no genuine issue as to any material fact.

AB383,301,15 (b) The evidence or absence of evidence, including any statement of a witness, that the defendant believes is uncontroverted and that establishes the grounds stated in the motion.

AB383,301,18 (c) If applicable, any crime included within the crime charged, as provided in s. 939.66, that the defendant also believes, for the grounds specified, the state cannot prove at trial because there is no genuine issue as to any material fact.

AB383,301,21 (2) If the grounds stated in the motion, if true, would not justify granting the dismissal motion, or if the allegations in the complaint demonstrate that there is a genuine issue of material fact as to those grounds, the court shall deny the motion.

AB383,302,4 (3) If the grounds stated in the motion, if true, would justify granting the dismissal motion and the allegations in the complaint do not demonstrate that there is a genuine issue of material fact as to those grounds, the court shall allow the district attorney to file a written response presenting any facts or expert opinions that the district attorney believes establish the elements or other facts that the state is required to prove at trial. The court may request that the district attorney and defense counsel present arguments and may allow testimony where it would resolve the questions whether a genuine issue of material fact exists.

AB383,302,11 (4) Unless the court denies the motion under sub. (2), the court shall rule on the motion based on the complaint, the material submitted by the defendant in support of the motion, and material, testimony, or argument presented under sub. (3). The court shall rule on the motion as to the crime charged and any included crime specified in the motion. If the court concludes, for the reasons specified in the motion, that there is no genuine issue as to any material fact, the court shall do one of the following:

AB383,302,12 (a) Grant the motion.

AB383,302,13 (b) Allow the district attorney to amend the complaint.

AB383,302,16 (5) A complaint or charge dismissed under this section may not be reissued unless the district attorney has or discovers additional evidence supporting the complaint or charge.

AB383,302,18 (6) The defendant shall raise all grounds that can be raised under this section in a single motion, unless good cause is shown.

AB383,975 Section 975. Subchapter VI (title) of chapter 971 [precedes 971.75] of the statutes is created to read:

AB383,302,21 chapter 971

AB383,302,22 Subchapter VI

AB383,302,23 juveniles in adult court

AB383,976 Section 976. 971.75 (title) of the statutes is created to read:

AB383,303,2 971.75 (title) Probable cause and retention hearings; juvenile under original adult court jurisdiction.

AB383,977 Section 977. 971.75 (2) of the statutes is created to read:

AB383,303,7 971.75 (2) Time for probable cause hearing. The court shall conduct a probable cause hearing that is required under sub. (1) within 10 days after the initial appearance. On stipulation of the parties, or upon motion and for cause, the court may extend that time.

AB383,978 Section 978. 971.75 (4) of the statutes is created to read:

AB383,303,12 971.75 (4) Time for retention hearing. The court shall conduct any hearing on retention of jurisdiction that is required under sub. (3) (b) within 20 days of the probable cause finding under sub. (3) (b). On stipulation of the parties, or upon motion and for cause, the court may extend that time.

AB383,979 Section 979. 971.75 (6) (title) and (a) of the statutes are created to read:

AB383,303,17 971.75 (6) (title) Witnesses at probable cause and retention hearings. (a) Both the district attorney and the juvenile may call and cross-examine witnesses at any hearing under this section. All witnesses shall be sworn and their testimony reported by a court reporter.

AB383,980 Section 980. 971.75 (7) (title) of the statutes is created to read:

AB383,303,19 971.75 (7) (title) Admissibility of reports.

AB383,981 Section 981. 971.75 (9) (title) of the statutes is created to read:

AB383,303,21 971.75 (9) (title) Closure orders.

AB383,982 Section 982. 971.76 of the statutes is created to read:

AB383,304,6 971.76 Pretrial dismissal of complaint against juvenile. (1) Waiver cases. If the court has jurisdiction over a juvenile as a result of a waiver under s. 938.18 (1) (a) or (b), the juvenile may move the court to dismiss the complaint on the ground that the state cannot prove that he or she committed any of the offenses listed in s. 938.18 (1) (a) or (b) on which the waiver was based. The motion shall comply with the requirements of s. 971.69 (1) and the court shall review the motion under the procedures set forth in s. 971.69 (2) to (4). If the court grants a motion to dismiss under this subsection, the court shall order that the juvenile be discharged, but proceedings may be brought regarding the juvenile under ch. 938.

AB383,304,15 (2) Cases involving original adult court jurisdiction. A juvenile subject to the court's original jurisdiction under s. 938.183 (1) may move the court to dismiss the complaint on the ground that the state cannot prove that he or she committed any of the offenses charged under s. 938.183 (1) (a), (am), (b), or (c) under the circumstances described in those provisions. The motion shall comply with the requirements of s. 971.69 (1), and the court shall review the motion under the procedures set forth in s. 971.69 (2) to (4). If the court grants a motion to dismiss under this subsection, the court shall order that the juvenile be discharged, but proceedings may be brought regarding the juvenile under ch. 938.

AB383,983 Section 983. 971.77 (title) of the statutes is created to read:

AB383,304,17 971.77 (title) Motion to transfer jurisdiction in misdemeanors.

AB383,984 Section 984. 972.005 (title) of the statutes is created to read:

AB383,304,19 972.005 (title) Right to jury; waiver.

AB383,985 Section 985. 972.005 (2) of the statutes is created to read:

AB383,304,25 972.005 (2) Partial jury trial waiver. The parties may agree, with the approval of the court, that the jury be instructed that an element of the crime is established. The court shall address the defendant personally to assure that the defendant understands his or her right to trial by jury as to that element and voluntarily waives that right.

AB383,986 Section 986. 972.01 of the statutes is amended to read:

AB383,305,6 972.01 Jury; civil rules applicable. The Except as otherwise provided in this chapter, the summoning of jurors, the, selection, and qualifications of the jury jurors, the challenge of jurors for cause, and the duty of the court in charging the jury and, giving instructions, and discharging the jury when it is unable to agree shall be the same in criminal as in civil actions, except that s. 805.08 (3) shall not apply.

AB383,987 Section 987. 972.02 (title) of the statutes is repealed.

AB383,988 Section 988. 972.02 (1) of the statutes is renumbered 972.005 (1) and amended to read:

AB383,305,16 972.005 (1) Waiver. Except as otherwise provided in this chapter, criminal Criminal cases shall be tried by a jury selected as prescribed in s. 805.08, unless the defendant waives a his or her right to trial by jury in writing or by statement in open court or under s. 967.08 (2) (b), on the record, with the approval of the court and the consent of the state. Before approving a waiver of the right to trial by jury, the court shall address the defendant personally to assure that the defendant understands his or her right to trial by jury and that the defendant voluntarily waives that right.

AB383,989 Section 989. 972.02 (2) of the statutes is renumbered 972.025 (2) and amended to read:

AB383,305,25 972.025 (2) Jury of less than 12. At any time before the verdict is returned in a felony criminal case, the parties may stipulate in writing or by statement in open court, on the record agree, with the approval of the court, that the jury shall consist of any number less than 12 persons. If the case is a misdemeanor case, the jury shall consist of 6 persons parties agree to a jury of less than 12, the court shall address the defendant personally to assure that the defendant understands his or her right to a jury of 12 and that the defendant voluntarily waives that right.

AB383,990 Section 990. 972.02 (3) of the statutes is renumbered 972.27 and amended to read:

AB383,306,6 972.27 Findings in a trial to the court. In a case tried without a jury, the court shall make a general finding and may in addition find the facts specially. If the charge includes a provision that increases the maximum penalty for the charged crime, the court shall make a specific finding as to the proof of that provision.

AB383,991 Section 991. 972.02 (4) of the statutes is renumbered 972.04 (5) and amended to read:

AB383,306,11 972.04 (5) No A member of the a grand jury which found the indictment shall that indicted a defendant may not be a juror for the defendant's trial of the indictment.

AB383,992 Section 992. 972.025 (title) and (1) of the statutes are created to read:

AB383,306,15 972.025 (title) Jury size. (1) Twelve-person jury. A jury in a criminal case shall consists of 12 persons unless the parties agree to a lesser number as provided in sub. (2).

AB383,993 Section 993. 972.03 (title) of the statutes is amended to read:

AB383,306,17 972.03 (title) Peremptory Number of peremptory challenges.

AB383,994 Section 994. 972.03 of the statutes is renumbered 972.03 (1) and amended to read:

AB383,306,22 972.03 (1) Generally. Each Except as provided in subs. (2), (3), (4), and (5), in a criminal case, each side is entitled to only 4 peremptory challenges except as otherwise provided in this section. When.

AB383,307,3 (4) Life imprisonment. If the crime charged in a case is punishable by life imprisonment, the state is each side shall be entitled to 6 peremptory challenges and the defendant is entitled to 6 peremptory challenges. If there is , except, if the case involves 2 defendants, the defense shall be entitled to 12 peremptory challenges, and if the case involves more than 2 defendants, the defense shall be entitled to 18 peremptory challenges.

AB383,307,13 (3) Dividing challenges among defendants. In a criminal case involving more than one defendant, the court shall divide the peremptory challenges for the defense as equally as practicable among them the defendants; and if their defenses are adverse and the court is satisfied that the protection of their rights so requires, the court may allow the defendants additional peremptory challenges. If the crime is punishable by life imprisonment, the total peremptory challenges allowed the defense shall not exceed 12 if there are only 2 defendants and 18 if there are more than 2 defendants; in other felony cases the defendants are allowed additional peremptory challenges under this subsection, the courts may, if the interest of justice requires, allow the state additional peremptory challenges.

AB383,307,22 (2) More than one defendant. Except as provided in subs. (3) and (4), in a criminal case involving 2 defendants, the defense shall be entitled to 6 peremptory challenges if there are only, and in a criminal case involving more than 2 defendants and, the defense shall be entitled to 9 peremptory challenges if there are more than 2. In misdemeanor cases, the state is entitled to 3 peremptory challenges and the defendant is entitled to 3 peremptory challenges, except that if there are 2 defendants, the court shall allow the defense 4 peremptory challenges, and if there are more than 2 defendants, the court shall allow the defense 6 peremptory challenges.

AB383,307,25 (5) Additional challenges. Each side shall be allowed at least one additional peremptory challenge if the court orders that additional jurors are to be selected under s. 972.04 (1).

AB383,995 Section 995. 972.04 (title) of the statutes is repealed and recreated to read:

AB383,308,2 972.04 (title) Jury selection.

AB383,996 Section 996. 972.04 (1) of the statutes is amended to read:

AB383,308,11 972.04 (1) The number of jurors selected in a criminal case shall be prescribed in s. 756.06 (2) (a) or (am), whichever is applicable, 12 unless a lesser number has been stipulated agreed to and approved under s. 972.02 972.025 (2) or the. The court orders may order that additional jurors be selected. That number, plus the number of peremptory challenges available to all the parties, shall be called initially and maintained in the jury box by calling others to replace jurors excused for cause until all jurors have been examined. The to assure that the required number of jurors will be available for deliberation.

AB383,308,16 (6) After the jurors have been examined and the court has determined whether to excuse any juror for cause, the parties shall thereupon exercise in their order their peremptory challenges alternately, the state beginning, the peremptory challenges available to them, and if. If any party declines to exercise a peremptory challenge, the challenge shall be made by the clerk shall make the challenge by lot.

AB383,997 Section 997. 972.04 (2) of the statutes is repealed.

AB383,998 Section 998. 972.04 (3) of the statutes is created to read:

AB383,308,21 972.04 (3) The court shall call and maintain the number of jurors provided in sub. (1), plus the number of peremptory challenges available to the parties. If a juror is excused for cause, the court shall replace that juror with another.

AB383,999 Section 999. 972.06 of the statutes is amended to read:

AB383,309,2 972.06 View Jury view. The court may order a view by the jury to view a location or object whenever the court concludes that viewing the location or object would assist the jury in understanding the evidence introduced in court or assist the jury in weighing and applying that evidence.

AB383,1000 Section 1000. 972.07 of the statutes is renumbered 967.12 and amended to read:

AB383,309,5 967.12 Jeopardy. Jeopardy attaches when one of the following occurs:

AB383,309,8 (1) In a trial to the court without a jury, when a witness is sworn; the first witness assents to the oath or affirmation or answers the first question if no oath or affirmation is administered.

AB383,309,10 (2) In a jury trial, when the selection of the jury has been completed and the jury sworn.

AB383,1001 Section 1001. 972.075 of the statutes is created to read:

AB383,309,13 972.075 Questioning of witnesses by jurors. (1) After selection of a jury, the court may authorize the jurors to ask questions of witnesses.

AB383,309,16 (2) If the court authorizes juror questions, the court shall instruct the jury to propose only questions that tend to clarify information already presented and shall instruct the jury of the following procedure that shall be used for juror questions:

AB383,309,18 (a) After the parties have questioned a witness and before the witness leaves the stand, the court shall ask the jurors if they have any questions for the witness.

AB383,309,20 (b) If a juror has a question, he or she shall submit the question in writing to the judge.

AB383,309,22 (c) The judge shall show the question to the parties and allow the parties to object to the question without the knowledge of the jury.

AB383,309,24 (d) The judge shall review the question and any objections made by the parties and determine if the question is legally proper.

AB383,309,25 (e) If the question is legally proper, the judge may ask it of the witness.

AB383,310,2 (f) The court shall allow the parties to ask follow-up questions to any juror questions that are posed to a witness.

AB383,1002 Section 1002. 972.08 of the statutes is renumbered 967.17, and 967.17 (1) and (2), as renumbered, are amended to read:

AB383,310,15 967.17 (1) (a) Whenever any person refuses to testify or to produce books, papers, or documents when required to do so before any grand jury, in a John Doe proceeding under s. 968.26 968.105, at an inquest under s. 968.015, or at a preliminary examination, criminal hearing or trial for the reason that the testimony or evidence required of him or her may tend to incriminate him or her or subject him or her to a forfeiture or penalty, the person may nevertheless be compelled to testify or produce the evidence by order of the court on motion of the district attorney. No person who testifies or produces evidence in obedience to the command of the court in that case may be liable to any forfeiture or penalty for or on account of testifying or producing evidence, but no person may be exempted from prosecution and punishment for perjury or false swearing committed in so testifying.

AB383,310,17 (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

AB383,311,3 (2) Whenever a witness attending in any court trial or appearing before any grand jury or, John Doe investigation proceeding under s. 968.26 968.105, or inquest under s. 968.015 fails or refuses without just cause to comply with an order of the court under this section to give testimony in response to a question or with respect to any matter, the court, upon such failure or refusal, or when such failure or refusal is duly brought to its attention, may summarily order the witness's confinement at a suitable place until such time as the witness is willing to give such testimony or until such the trial, grand jury term, or John Doe investigation under s. 968.26 proceeding, or inquest is concluded but in no case exceeding one year. No person confined under this section shall be admitted to bail released on conditions pending the determination of an appeal taken by the person from the order of confinement.

AB383,1003 Section 1003. 972.085 of the statutes is renumbered 967.18 and amended to read: