AB383,302,18
17(6) The defendant shall raise all grounds that can be raised under this section
18in a single motion, unless good cause is shown.
AB383,975
19Section
975. Subchapter VI (title) of chapter 971 [precedes 971.75] of the
20statutes is created to read:
AB383,302,2121
chapter 971
AB383,302,2222
Subchapter VI
AB383,302,2323
juveniles in adult court
AB383,976
24Section
976. 971.75 (title) of the statutes is created to read:
AB383,303,2
1971.75 (title)
Probable cause and retention hearings; juvenile under
2original adult court jurisdiction.
AB383,977
3Section
977. 971.75 (2) of the statutes is created to read:
AB383,303,74
971.75
(2) Time for probable cause hearing. The court shall conduct a
5probable cause hearing that is required under sub. (1) within 10 days after the initial
6appearance. On stipulation of the parties, or upon motion and for cause, the court
7may extend that time.
AB383,978
8Section
978. 971.75 (4) of the statutes is created to read:
AB383,303,129
971.75
(4) Time for retention hearing. The court shall conduct any hearing
10on retention of jurisdiction that is required under sub. (3) (b) within 20 days of the
11probable cause finding under sub. (3) (b). On stipulation of the parties, or upon
12motion and for cause, the court may extend that time.
AB383,979
13Section
979. 971.75 (6) (title) and (a) of the statutes are created to read:
AB383,303,1714
971.75
(6) (title)
Witnesses at probable cause and retention hearings. (a)
15Both the district attorney and the juvenile may call and cross-examine witnesses at
16any hearing under this section. All witnesses shall be sworn and their testimony
17reported by a court reporter.
AB383,980
18Section
980. 971.75 (7) (title) of the statutes is created to read:
AB383,303,1919
971.75
(7) (title)
Admissibility of reports.
AB383,981
20Section
981. 971.75 (9) (title) of the statutes is created to read:
AB383,303,2121
971.75
(9) (title)
Closure orders.
AB383,982
22Section
982. 971.76 of the statutes is created to read:
AB383,304,6
23971.76 Pretrial dismissal of complaint against juvenile. (1) Waiver
24cases. If the court has jurisdiction over a juvenile as a result of a waiver under s.
25938.18 (1) (a) or (b), the juvenile may move the court to dismiss the complaint on the
1ground that the state cannot prove that he or she committed any of the offenses listed
2in s. 938.18 (1) (a) or (b) on which the waiver was based. The motion shall comply
3with the requirements of s. 971.69 (1) and the court shall review the motion under
4the procedures set forth in s. 971.69 (2) to (4). If the court grants a motion to dismiss
5under this subsection, the court shall order that the juvenile be discharged, but
6proceedings may be brought regarding the juvenile under ch. 938.
AB383,304,15
7(2) Cases involving original adult court jurisdiction. A juvenile subject to
8the court's original jurisdiction under s. 938.183 (1) may move the court to dismiss
9the complaint on the ground that the state cannot prove that he or she committed any
10of the offenses charged under s. 938.183 (1) (a), (am), (b), or (c) under the
11circumstances described in those provisions. The motion shall comply with the
12requirements of s. 971.69 (1), and the court shall review the motion under the
13procedures set forth in s. 971.69 (2) to (4). If the court grants a motion to dismiss
14under this subsection, the court shall order that the juvenile be discharged, but
15proceedings may be brought regarding the juvenile under ch. 938.
AB383,983
16Section
983. 971.77 (title) of the statutes is created to read:
AB383,304,17
17971.77 (title)
Motion to transfer jurisdiction in misdemeanors.
AB383,984
18Section
984. 972.005 (title) of the statutes is created to read:
AB383,304,19
19972.005 (title)
Right to jury; waiver.
AB383,985
20Section
985. 972.005 (2) of the statutes is created to read:
AB383,304,2521
972.005
(2) Partial jury trial waiver. The parties may agree, with the
22approval of the court, that the jury be instructed that an element of the crime is
23established. The court shall address the defendant personally to assure that the
24defendant understands his or her right to trial by jury as to that element and
25voluntarily waives that right.
AB383,986
1Section
986. 972.01 of the statutes is amended to read:
AB383,305,6
2972.01 Jury; civil rules applicable.
The Except as otherwise provided in
3this chapter, the summoning
of jurors, the, selection
, and qualifications of
the jury 4jurors, the challenge of jurors for cause
, and the duty of the court in charging the jury
5and, giving instructions
, and discharging the jury when
it is unable to agree shall be
6the same in criminal as in civil actions
, except that s. 805.08 (3) shall not apply.
AB383,987
7Section
987. 972.02 (title) of the statutes is repealed.
AB383,988
8Section
988. 972.02 (1) of the statutes is renumbered 972.005 (1) and amended
9to read:
AB383,305,1610
972.005
(1) Waiver. Except as otherwise provided in this chapter, criminal 11Criminal cases shall be tried by a jury
selected as prescribed in s. 805.08, unless the
12defendant waives
a his or her right to trial by jury
in writing or by statement in open
13court or under s. 967.08 (2) (b), on the record, with the approval of the court and the
14consent of the state.
Before approving a waiver of the right to trial by jury, the court
15shall address the defendant personally to assure that the defendant understands his
16or her right to trial by jury and that the defendant voluntarily waives that right.
AB383,989
17Section
989. 972.02 (2) of the statutes is renumbered 972.025 (2) and amended
18to read:
AB383,305,2519
972.025
(2) Jury of less than 12. At any time before the verdict
is returned in
20a
felony criminal case, the parties may
stipulate in writing or by statement in open
21court, on the record agree, with the approval of the court, that the jury shall consist
22of
any number less than 12
persons. If the
case is a misdemeanor case, the jury shall
23consist of 6 persons parties agree to a jury of less than 12, the court shall address the
24defendant personally to assure that the defendant understands his or her right to a
25jury of 12 and that the defendant voluntarily waives that right.
AB383,990
1Section
990. 972.02 (3) of the statutes is renumbered 972.27 and amended to
2read:
AB383,306,6
3972.27 Findings in a trial to the court. In a case tried without a jury
, the
4court shall make a general finding and may in addition find the facts specially.
If the
5charge includes a provision that increases the maximum penalty for the charged
6crime, the court shall make a specific finding as to the proof of that provision.
AB383,991
7Section
991. 972.02 (4) of the statutes is renumbered 972.04 (5) and amended
8to read:
AB383,306,119
972.04
(5) No A member of
the a grand jury
which found the indictment shall 10that indicted a defendant may not be a juror for the
defendant's trial
of the
11indictment.
AB383,992
12Section
992. 972.025 (title) and (1) of the statutes are created to read:
AB383,306,15
13972.025 (title)
Jury size. (1) Twelve-person jury. A jury in a criminal case
14shall consists of 12 persons unless the parties agree to a lesser number as provided
15in sub. (2).
AB383,993
16Section
993. 972.03 (title) of the statutes is amended to read:
AB383,306,17
17972.03 (title)
Peremptory
Number of peremptory challenges.
AB383,994
18Section
994. 972.03 of the statutes is renumbered 972.03 (1) and amended to
19read:
AB383,306,2220
972.03
(1) Generally. Each Except as provided in subs. (2), (3), (4), and (5), in
21a criminal case, each side is entitled to
only 4 peremptory challenges
except as
22otherwise provided in this section. When.
AB383,307,3
23(4) Life imprisonment. If the crime charged
in a case is punishable by life
24imprisonment,
the state is each side shall be entitled to 6 peremptory challenges
and
25the defendant is entitled to 6 peremptory challenges. If there is
, except, if the case
1involves 2 defendants, the defense shall be entitled to 12 peremptory challenges, and
2if the case involves more than 2 defendants, the defense shall be entitled to 18
3peremptory challenges.
AB383,307,13
4(3) Dividing challenges among defendants. In a criminal case involving more
5than one defendant, the court shall divide the
peremptory challenges
for the defense 6as equally as practicable among
them the defendants; and if their defenses are
7adverse and the court is satisfied that the protection of their rights so requires, the
8court may allow the defendants additional
peremptory challenges. If
the crime is
9punishable by life imprisonment, the total peremptory challenges allowed the
10defense shall not exceed 12 if there are only 2 defendants and 18 if there are more
11than 2 defendants; in other felony cases the defendants are allowed additional
12peremptory challenges under this subsection, the courts may, if the interest of justice
13requires, allow the state additional peremptory challenges.
AB383,307,22
14(2) More than one defendant. Except as provided in subs. (3) and (4), in a
15criminal case involving 2 defendants, the defense shall be entitled to 6
peremptory 16challenges
if there are only, and in a criminal case involving more than 2 defendants
17and, the defense shall be entitled to 9
peremptory challenges
if there are more than
182. In misdemeanor cases, the state is entitled to 3 peremptory challenges and the
19defendant is entitled to 3 peremptory challenges, except that if there are 2
20defendants, the court shall allow the defense 4 peremptory challenges, and if there
21are more than 2 defendants, the court shall allow the defense 6 peremptory
22challenges.
AB383,307,25
23(5) Additional challenges. Each side shall be allowed
at least one additional
24peremptory challenge if
the court orders that additional jurors
are to be selected
25under s. 972.04 (1).
AB383,995
1Section
995. 972.04 (title) of the statutes is repealed and recreated to read:
AB383,308,2
2972.04 (title)
Jury selection.
AB383,996
3Section
996. 972.04 (1) of the statutes is amended to read:
AB383,308,114
972.04
(1) The number of jurors selected
in a criminal case shall be
prescribed
5in s. 756.06 (2) (a) or (am), whichever is applicable, 12 unless a lesser number has
6been
stipulated agreed to and approved under s.
972.02 972.025 (2)
or the. The court
7orders may order that additional jurors be selected
. That number, plus the number
8of peremptory challenges available to all the parties, shall be called initially and
9maintained in the jury box by calling others to replace jurors excused for cause until
10all jurors have been examined. The to assure that the required number of jurors will
11be available for deliberation.
AB383,308,16
12(6) After the jurors have been examined and the court has determined whether
13to excuse any juror for cause, the parties shall
thereupon exercise
in their order their
14peremptory challenges alternately, the state beginning
, the peremptory challenges
15available to them, and if. If any party declines to
exercise a peremptory challenge,
16the
challenge shall be made by the clerk
shall make the challenge by lot.
AB383,997
17Section
997. 972.04 (2) of the statutes is repealed.
AB383,998
18Section
998. 972.04 (3) of the statutes is created to read:
AB383,308,2119
972.04
(3) The court shall call and maintain the number of jurors provided in
20sub. (1), plus the number of peremptory challenges available to the parties. If a juror
21is excused for cause, the court shall replace that juror with another.
AB383,999
22Section
999. 972.06 of the statutes is amended to read:
AB383,309,2
23972.06 View Jury view. The court may order
a view by the jury
to view a
24location or object whenever the court concludes that viewing the location or object
1would assist the jury in understanding the evidence introduced in court or assist the
2jury in weighing and applying that evidence.
AB383,1000
3Section
1000. 972.07 of the statutes is renumbered 967.12 and amended to
4read:
AB383,309,5
5967.12 Jeopardy. Jeopardy attaches
when one of the following occurs:
AB383,309,8
6(1) In a trial to the court without a jury
, when
a witness is sworn; the first
7witness assents to the oath or affirmation or answers the first question if no oath or
8affirmation is administered.
AB383,309,10
9(2) In a jury trial
, when the selection of the jury has been completed and the
10jury sworn.
AB383,1001
11Section
1001. 972.075 of the statutes is created to read:
AB383,309,13
12972.075 Questioning of witnesses by jurors. (1) After selection of a jury,
13the court may authorize the jurors to ask questions of witnesses.
AB383,309,16
14(2) If the court authorizes juror questions, the court shall instruct the jury to
15propose only questions that tend to clarify information already presented and shall
16instruct the jury of the following procedure that shall be used for juror questions:
AB383,309,1817
(a) After the parties have questioned a witness and before the witness leaves
18the stand, the court shall ask the jurors if they have any questions for the witness.
AB383,309,2019
(b) If a juror has a question, he or she shall submit the question in writing to
20the judge.
AB383,309,2221
(c) The judge shall show the question to the parties and allow the parties to
22object to the question without the knowledge of the jury.
AB383,309,2423
(d) The judge shall review the question and any objections made by the parties
24and determine if the question is legally proper.
AB383,309,2525
(e) If the question is legally proper, the judge may ask it of the witness.
AB383,310,2
1(f) The court shall allow the parties to ask follow-up questions to any juror
2questions that are posed to a witness.
AB383,1002
3Section
1002. 972.08 of the statutes is renumbered 967.17, and 967.17 (1) and
4(2), as renumbered, are amended to read:
AB383,310,155
967.17
(1) (a) Whenever any person refuses to testify or to produce books,
6papers
, or documents when required to do so before any grand jury, in a
John Doe 7proceeding under s.
968.26 968.105, at an inquest under s. 968.015, or at a
8preliminary examination, criminal hearing or trial for the reason that the testimony
9or evidence required of him or her may tend to incriminate him or her or subject him
10or her to a forfeiture or penalty, the person may nevertheless be compelled to testify
11or produce the evidence by order of the court on motion of the district attorney. No
12person who testifies or produces evidence in obedience to the command of the court
13in that case may be liable to any forfeiture or penalty for or on account of testifying
14or producing evidence, but no person may be exempted from prosecution and
15punishment for perjury or false swearing committed in so testifying.
AB383,310,1716
(b) The immunity provided under par. (a) is subject to the restrictions under
17s.
972.085 967.18.
AB383,311,3
18(2) Whenever a witness attending in any court trial or appearing before any
19grand jury
or, John Doe
investigation proceeding under s.
968.26
968.105, or inquest
20under s. 968.015 fails or refuses without just cause to comply with an order of the
21court under this section to give testimony in response to a question or with respect
22to any matter, the court, upon such failure or refusal, or when such failure or refusal
23is duly brought to its attention, may summarily order the witness's confinement at
24a suitable place until such time as the witness is willing to give such testimony or
25until
such the trial, grand jury term,
or John Doe
investigation under s. 968.26
1proceeding, or inquest is concluded but in no case exceeding one year. No person
2confined under this section shall be
admitted to bail
released on conditions pending
3the determination of an appeal taken by the person from the order of confinement.
AB383,1003
4Section
1003. 972.085 of the statutes is renumbered 967.18 and amended to
5read:
AB383,311,12
6967.18 Immunity; use standard. Immunity from criminal or forfeiture
7prosecution under ss. 13.35, 17.16 (7), 77.61 (12), 93.17, 111.07 (2) (b), 128.16, 133.15,
8139.20, 139.39 (5), 195.048, 196.48, 551.602 (5), 553.55 (3), 601.62 (5), 767.87 (4),
9885.15, 885.24, 885.25 (2), 891.39 (2),
968.26, 972.08 (1) 967.17 (1), and
979.07 (1) 10968.105 and ch. 769, provides immunity only from the use of the compelled testimony
11or evidence in subsequent criminal or forfeiture proceedings, as well as immunity
12from the use of evidence derived from that compelled testimony or evidence.
AB383,1004
13Section
1004. 972.09 of the statutes is repealed.
AB383,1005
14Section
1005. 972.10 (title) of the statutes is renumbered 972.16 (title).
AB383,1006
15Section
1006. 972.10 (1) (a) (intro.) of the statutes is repealed.
AB383,1007
16Section
1007. 972.10 (1) (a) 1. of the statutes is renumbered 972.065 and
17amended to read:
AB383,312,2
18972.065 Note-taking by jurors. The court may authorize note-taking by
19jurors. If the court authorizes note-taking, the court shall instruct the jurors that
20they may make written notes of
any portion of the proceedings
, except the opening
21statements and closing arguments,
if they so desire and that the court will provide
22materials for
that purpose if they so request note-taking. The court shall
stress the
23confidentiality of the notes to inform the jurors
that the notes are confidential. The
24jurors may refer to their notes during the proceedings and
deliberation their
25deliberations. The notes may not be the basis for or the object of any motion by any
1party. After the jury has
rendered returned its verdict, the court shall ensure that
2the notes are promptly collected and destroyed.
AB383,1008
3Section
1008. 972.10 (1) (a) 2. of the statutes is repealed.
AB383,1009
4Section
1009. 972.10 (1) (b) of the statutes is renumbered 972.095 and
5amended to read:
AB383,312,17
6972.095 Preliminary jury instructions. The court may give
additional 7preliminary instructions to assist the jury in understanding its duty and the
8evidence it will hear.
The preliminary instructions may include, without limitation,
9the elements of any offense charged, what constitutes evidence and what does not,
10guidance regarding the burden of proof and the credibility of witnesses, and
11directions not to discuss the case until deliberations begin. The additional
12instructions shall be disclosed to the parties before they are given and either party
13may object to any specific instruction or propose instructions of its own to be given
14prior to trial The court shall advise the parties of the content of the instructions to
15be given. The parties may propose instructions of their own. All objections shall be
16on the record and shall specify with particularity how the instruction is insufficient
17or does not correctly state the law.
AB383,1010
18Section
1010. 972.10 (2) of the statutes is repealed.
AB383,1011
19Section
1011. 972.10 (3) of the statutes is repealed.
AB383,1012
20Section
1012. 972.10 (4) of the statutes is repealed.
AB383,1013
21Section
1013. 972.10 (5) of the statutes is renumbered 972.22 (1) and amended
22to read:
AB383,313,523
972.22
(1) When the evidence is concluded and the testimony closed, if either
24party desires special instructions to be given to the jury, the instructions shall be
25reduced to writing, signed by the party or his or her attorney and filed with the clerk,
1unless the court otherwise directs. Counsel for the parties, or the defendant if he or
2she is without counsel, shall be allowed The court shall allow the parties reasonable
3opportunity to
request final jury instructions, to examine
the any instructions
4requested
by any other party, and to present and argue to the court objections to the
5adoption or rejection of any instructions requested by
counsel the parties.