SB82-SSA1,51,37 304.06 (3) Every paroled prisoner remains in the legal custody of the
8department unless otherwise provided by the department. If the department alleges
9that any condition or rule of parole has been violated by the prisoner, the department
10may take physical custody of the prisoner for the investigation of the alleged
11violation. If the department is satisfied that any condition or rule of parole has been
12violated it shall afford the prisoner such administrative hearings as are required by
13law. Unless waived by the parolee, the final administrative hearing shall be held
14before a hearing examiner from the division of hearings and appeals in the
15department of administration who is licensed to practice law in this state. The
16hearing examiner shall enter an order revoking or not revoking parole. Upon request
17by either party, the administrator of the division of hearings and appeals shall review
18the order. The hearing examiner may order that a deposition be taken by audiovisual
19means and allow the use of a recorded deposition under s. 967.04 (7) to (10) 967.22.
20If the parolee waives the final administrative hearing, the secretary of corrections
21shall enter an order revoking or not revoking parole. If the examiner, the
22administrator upon review, or the secretary in the case of a waiver finds that the
23prisoner has violated the rules or conditions of parole, the examiner, the
24administrator upon review, or the secretary in the case of a waiver, may order the
25prisoner returned to prison to continue serving his or her sentence, or to continue on

1parole. If the prisoner claims or appears to be indigent, the department shall refer
2the prisoner to the authority for indigency determinations specified under s. 977.07
3(1).
SB82-SSA1,130 4Section 130. 322.0767 (1) (a) of the statutes is amended to read:
SB82-SSA1,51,135 322.0767 (1) (a) If a person subject to a general court-martial is found to lack
6substantial mental capacity to understand the proceedings or assist in his or own
7defense and the military judge determined that the person is likely to become
8competent within the maximum period specified under s. 971.14 971.81 (5) (a), the
9court-martial convening authority for the person shall commit the person to the
10custody of the department of health services under as provided in s. 971.14 971.81
11(5). If the military judge determines that the defendant is not likely to become
12competent in the time period specified under s. 971.14 971.81 (5), the military judge
13shall suspend or terminate the general court-martial.
SB82-SSA1,131 14Section 131. 322.0767 (1) (b) of the statutes is amended to read:
SB82-SSA1,51,1715 322.0767 (1) (b) The department of health services shall submit all reports that
16are required under s. 971.14 971.81 (5) (b) and that pertain to a person subject to a
17commitment order under par. (a) to the court-martial.
SB82-SSA1,132 18Section 132. 322.0767 (1) (c) of the statutes is amended to read:
SB82-SSA1,52,319 322.0767 (1) (c) Upon receiving a report under s. 971.14 971.81 (5) (b), the
20court-martial shall make a determination as to whether the person has become
21competent. If the court-martial determines that the defendant has become
22competent, the court-martial shall terminate the commitment to the department of
23health services and resume the general court-martial. If the court-martial
24determines that the person is making sufficient progress toward becoming
25competent, the commitment shall continue. If the court-martial determines that the

1person is not likely to become competent to proceed in the time period specified under
2s. 971.14 971.81 (5) (a), the court-martial shall suspend or terminate the
3commitment order under this subsection.
SB82-SSA1,133 4Section 133. 322.0767 (1) (d) of the statutes is amended to read:
SB82-SSA1,52,75 322.0767 (1) (d) If a person who has been restored to competency again becomes
6incompetent, the maximum commitment period under s. 971.14 971.81 (5) (a) shall
7be as provided under s. 971.14 971.81 (5) (d).
SB82-SSA1,134 8Section 134. 322.0767 (2) (a) of the statutes is amended to read:
SB82-SSA1,52,129 322.0767 (2) (a) If a court-martial finds a person not guilty by reason of mental
10disease or defect, the court-martial shall commit the person to the custody of the
11department of health services for a period not to exceed that described under s.
12971.17 971.85 (1).
SB82-SSA1,135 13Section 135. 322.0767 (2) (b) of the statutes is amended to read:
SB82-SSA1,52,1614 322.0767 (2) (b) Using the standard under s. 971.17 971.85 (3) (a), the
15court-martial shall determine whether the commitment order under par. (a) shall
16specify institutional care or conditional release.
SB82-SSA1,136 17Section 136. 322.0767 (2) (c) of the statutes is amended to read:
SB82-SSA1,52,2318 322.0767 (2) (c) The court-martial has the same authority as a circuit court has
19under s. 971.17 971.85 (2) to order the department of health services to conduct a
20predisposition investigation using the procedure in s. 972.15 973.004 or a mental
21examination as provided under s. 971.17 971.85 (2) (b), (c), and (e) to assist the
22court-martial in determining whether to place the person in institutional care or to
23conditionally release the person.
SB82-SSA1,137 24Section 137. 322.0767 (2) (d) of the statutes is amended to read:
SB82-SSA1,53,5
1322.0767 (2) (d) If the court-martial specifies institutional care, the
2department of health services shall place the person in an institution as provided
3under s. 971.17 971.85 (3) (c). If the court-martial specifies conditional release, the
4department of health services, in conjunction with the person's county of residence,
5shall develop a plan for conditional release as provided under s. 971.17 971.85 (3) (d).
SB82-SSA1,138 6Section 138. 322.0767 (2) (e) of the statutes is amended to read:
SB82-SSA1,53,117 322.0767 (2) (e) After the court-martial enters an order under this subsection
8and transfers custody of a person to the department of health services, the person
9shall be subject to s. 971.17 971.85 and the circuit court for the county in which the
10person is institutionalized or where the person is placed on conditional release shall
11have jurisdiction in proceedings under s. 971.17 971.85.
SB82-SSA1,139 12Section 139. 343.305 (9) (c) of the statutes is amended to read:
SB82-SSA1,53,1713 343.305 (9) (c) If a law enforcement officer informs the circuit or municipal
14court that a person has refused to submit to a test under sub. (3) (a), (am), or (ar), the
15court shall be prepared to hold any requested hearing to determine if the refusal was
16proper. The scope of the hearing shall be limited to the issues outlined in par. (a) 5.
17or (am) 5. Section 967.055 970.25 applies to any hearing under this subsection.
SB82-SSA1,140 18Section 140. 345.20 (1) (a) of the statutes is amended to read:
SB82-SSA1,53,2019 345.20 (1) (a) "Judge" has the meaning specified in s. 967.02 (6) means a judge
20of a court of record
.
SB82-SSA1,141 21Section 141. 345.20 (2) (c) of the statutes is amended to read:
SB82-SSA1,53,2422 345.20 (2) (c) Sections 967.055 and 972.11 (3m) apply Section 970.25 applies
23to traffic forfeiture actions for violations of s. 346.63 (1) or (5) or a local ordinance in
24conformity therewith.
SB82-SSA1,142 25Section 142. 345.28 (3) (a) of the statutes is amended to read:
SB82-SSA1,54,9
1345.28 (3) (a) If the person does not pay the forfeiture or appear in court in
2response to the citation for a nonmoving traffic violation on the date specified in the
3citation or, if no date is specified in the citation, within 28 days after the citation is
4issued, the authority that issued the citation may issue a summons under s. 968.04
5(3) (b)
969.22 to the person and, in lieu of or in addition to issuing the summons, may
6proceed under sub. (4) or (5) but, except as provided in this section, no warrant may
7be issued for the person. If the person does not pay towing and storage charges
8associated with a citation for a nonmoving traffic violation, the authority that issued
9the citation may proceed under sub. (4).
SB82-SSA1,143 10Section 143. 345.28 (5) (b) 1. of the statutes is amended to read:
SB82-SSA1,54,1611 345.28 (5) (b) 1. If a person fails to respond to the notices under par. (a) within
12the time specified in the notice, a warrant that substantially complies with the
13mandatory provisions under s. 968.04 (3) (a) 969.21 (1) may be issued for the person,
14except that the warrant shall direct the officer to accept the person's deposit of money
15or his or her valid Wisconsin operator's license, as provided under subd. 2. a., in lieu
16of serving the warrant and arresting the person.
SB82-SSA1,144 17Section 144. 345.31 of the statutes is amended to read:
SB82-SSA1,54,24 18345.31 Venue in traffic regulation actions. Section 971.19 on place 970.14
19on venue
of trial in criminal actions applies to actions for the violation of traffic
20regulations and nonmoving traffic violations except that, in the case of a violation of
21an ordinance of a municipality which is located in more than one county, the action
22may be brought in any court sitting in that municipality even though in another
23county. As an alternative, the plaintiff may bring the action in the county where the
24defendant resides.
SB82-SSA1,145 25Section 145. 346.63 (2) (am) of the statutes is amended to read:
SB82-SSA1,55,9
1346.63 (2) (am) A person may be charged with and a prosecutor may proceed
2upon a complaint based upon a violation of any combination of par. (a) 1., 2., or 3. for
3acts arising out of the same incident or occurrence. If the person is charged with
4violating any combination of par. (a) 1., 2., or 3. in the complaint, the crimes shall be
5joined under s. 971.12 970.13. If the person is found guilty of any combination of par.
6(a) 1., 2., or 3. for acts arising out of the same incident or occurrence, there shall be
7a single conviction for purposes of sentencing and for purposes of counting
8convictions under ss. 343.30 (1q) and 343.305. Paragraph (a) 1., 2., and 3. each
9require proof of a fact for conviction which the others do not require.
SB82-SSA1,146 10Section 146. 346.63 (6) (b) of the statutes is amended to read:
SB82-SSA1,55,1911 346.63 (6) (b) A person may be charged with and a prosecutor may proceed upon
12a complaint based upon a violation of par. (a) or sub. (2) (a) 1. or both for acts arising
13out of the same incident or occurrence. If the person is charged with violating both
14par. (a) and sub. (2) (a) 1. in the complaint, the crimes shall be joined under s. 971.12
15970.13. If the person is found guilty of violating both par. (a) and sub. (2) (a) 1. for
16acts arising out of the same incident or occurrence, there shall be a single conviction
17for purposes of sentencing and for purposes of counting convictions. Paragraph (a)
18and sub. (2) (a) 1. each require proof of a fact for conviction which the other does not
19require.
SB82-SSA1,147 20Section 147. 346.74 (5) (e) of the statutes is repealed.
SB82-SSA1,148 21Section 148. 350.101 (2) (c) of the statutes is amended to read:
SB82-SSA1,56,522 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor
23may proceed upon a complaint based upon a violation of any combination of par. (a),
24(b), or (bm) for acts arising out of the same incident or occurrence. If the person is
25charged with violating any combination of par. (a), (b), or (bm) in the complaint, the

1crimes shall be joined under s. 971.12 970.13. If the person is found guilty of any
2combination of par. (a), (b), or (bm) for acts arising out of the same incident or
3occurrence, there shall be a single conviction for purposes of sentencing and for
4purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
5and (bm) each require proof of a fact for conviction which the others do not require.
SB82-SSA1,149 6Section 149. 551.602 (5) (b) of the statutes is amended to read:
SB82-SSA1,56,87 551.602 (5) (b) The immunity provided under par. (a) is subject to the
8restrictions under s. 972.085 967.18.
SB82-SSA1,150 9Section 150. 553.55 (3) (b) of the statutes is amended to read:
SB82-SSA1,56,1110 553.55 (3) (b) The immunity provided under par. (a) is subject to the restrictions
11under s. 972.085 967.18.
SB82-SSA1,151 12Section 151. 601.62 (5) (b) of the statutes is amended to read:
SB82-SSA1,56,1413 601.62 (5) (b) The immunity provided under par. (a) is subject to the restrictions
14under s. 972.085 967.18.
SB82-SSA1,152 15Section 152. 631.95 (1) (c) of the statutes is amended to read:
SB82-SSA1,56,1716 631.95 (1) (c) "Domestic abuse" has the meaning given in s. 968.075 (1) (a)
17969.27 (1) (a).
SB82-SSA1,153 18Section 153. 704.16 (1) (b) 4. of the statutes is amended to read:
SB82-SSA1,56,2019 704.16 (1) (b) 4. A condition of release under s. 974.09 or ch. 969 ordering the
20person not to contact the tenant.
SB82-SSA1,154 21Section 154. 704.16 (1) (b) 7. of the statutes is amended to read:
SB82-SSA1,56,2422 704.16 (1) (b) 7. A criminal complaint that was filed against the person as a
23result of the person being arrested for committing a domestic abuse offense against
24the tenant under s. 968.075 969.27.
SB82-SSA1,155 25Section 155. 704.16 (3) (b) 2. d. of the statutes is amended to read:
SB82-SSA1,57,2
1704.16 (3) (b) 2. d. A condition of release under s. 974.09 or ch. 969 ordering the
2offending tenant not to contact the other tenant.
SB82-SSA1,156 3Section 156. 704.16 (3) (b) 2. g. of the statutes is amended to read:
SB82-SSA1,57,64 704.16 (3) (b) 2. g. A criminal complaint that was filed against the offending
5tenant as a result of the offending tenant being arrested for committing a domestic
6abuse offense against the other tenant under s. 968.075 969.27.
SB82-SSA1,157 7Section 157. 756.06 (2) (a) of the statutes is amended to read:
SB82-SSA1,57,98 756.06 (2) (a) A jury in a criminal case shall consist of 12 persons unless both
9parties agree on a lesser number as provided in s. 972.02 972.025 (2).
SB82-SSA1,158 10Section 158. 756.06 (2) (c) of the statutes is amended to read:
SB82-SSA1,57,1211 756.06 (2) (c) A jury in a case involving an offense for which a forfeiture may
12be imposed or in an inquest under s. 979.05 968.025 shall consist of 6 persons.
SB82-SSA1,159 13Section 159. 757.54 (2) (a) 1. of the statutes is amended to read:
SB82-SSA1,57,1414 757.54 (2) (a) 1. "Custody" has the meaning given in s. 968.205 968.645 (1) (a).
SB82-SSA1,160 15Section 160. 757.54 (2) (a) 2. of the statutes is amended to read:
SB82-SSA1,57,1716 757.54 (2) (a) 2. "Discharge date" has the meaning given in s. 968.205 968.645
17(1) (b).
SB82-SSA1,161 18Section 161. 757.69 (1) (b) of the statutes is amended to read:
SB82-SSA1,58,319 757.69 (1) (b) In criminal matters issue summonses, arrest warrants, or search
20warrants, determine probable cause to support a warrantless arrest, conduct
21perform the duties of the court at an initial appearances of persons arrested
22appearance under s. 971.028, set bail, inform the defendant in accordance with s.
23970.02 (1),
refer the person to the authority for indigency determinations specified
24under s. 977.07 (1), conduct the preliminary examination and arraignment, and,
25with the consent of both the state and the defendant, accept a guilty plea. If a court

1refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court
2commissioner shall conduct the hearing on the matter in accordance with s. 973.20
3(13) (c) 4.
SB82-SSA1,162 4Section 162. 757.69 (1) (i) of the statutes is amended to read:
SB82-SSA1,58,55 757.69 (1) (i) Conduct inquests under subch. I of ch. 979 968.
SB82-SSA1,163 6Section 163. 758.171 of the statutes is amended to read:
SB82-SSA1,58,11 7758.171 Judicial conference: uniform citation. The judicial conference
8shall adopt a uniform citation form for use as authorized under s. 968.085 969.24.
9A duly authenticated copy of this form shall be furnished to the secretary of state and
10kept on file in his or her office. The secretary of state shall transmit a copy of this
11form to the clerks of circuit court.
SB82-SSA1,164 12Section 164. 767.87 (4) (b) of the statutes is amended to read:
SB82-SSA1,58,1413 767.87 (4) (b) The immunity provided under par. (a) is subject to the restrictions
14under s. 972.085 967.18.
SB82-SSA1,165 15Section 165. 781.04 (1) of the statutes is amended to read:
SB82-SSA1,58,1816 781.04 (1) In an action or proceeding seeking the remedy available by habeas
17corpus, the court may admit the prisoner to bail in accordance with s. 974.09 or ch.
18969.
SB82-SSA1,166 19Section 166. 800.035 (8) of the statutes is amended to read:
SB82-SSA1,59,520 800.035 (8) If the defendant does not appear, but has made a deposit in the
21amount set for the violation, he or she is deemed to have tendered a plea of no contest
22and submits to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814,
23not exceeding the amount of the deposit. The court may impose any other penalties
24allowed by law. The court may either accept the plea of no contest and enter
25judgment accordingly, or reject the plea and issue a summons. If the court finds that

1the violation meets the conditions in s. 800.093 (1), the court may summon the
2alleged violator into court to determine if restitution shall be ordered under s.
3800.093. If the defendant fails to appear in response to the summons, the court may
4issue a warrant under s. 968.09 969.50. If the defendant has made a deposit but does
5appear, the court shall allow the defendant to withdraw the plea of no contest.
SB82-SSA1,167 6Section 167. 801.02 (7) (a) 2. c. of the statutes is amended to read:
SB82-SSA1,59,107 801.02 (7) (a) 2. c. A person bringing an action seeking relief from a judgment
8of conviction or a sentence of a court, including an action for an extraordinary writ
9or a supervisory writ seeking relief from a judgment of conviction or a sentence of a
10court or an action under s. 809.30, 809.40, 973.19 974.03, 974.06 or 974.07.
SB82-SSA1,168 11Section 168. 801.02 (7) (a) 2. e. of the statutes is amended to read:
SB82-SSA1,59,1412 801.02 (7) (a) 2. e. A person who is not serving a sentence for the conviction of
13a crime but who is detained, admitted or committed under ch. 51 or 55 or s. 971.14
14971.81 (2) or (5).
SB82-SSA1,169 15Section 169. 801.50 (5t) of the statutes is renumbered 801.50 (5t) (a) and
16amended to read:
SB82-SSA1,60,217 801.50 (5t) (a) Except as otherwise provided in ss. 801.52 and 971.223 971.72
18(1) and (2), venue in a civil action to impose a forfeiture upon a resident of this state
19for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a
20violation of any other law arising from or in relation to the official functions of the
21subject of the investigation or any matter that involves elections, ethics, or lobbying
22regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, shall be in
23circuit court for the county where the defendant resides. For purposes of this
24subsection paragraph, a person other than a natural person resides within a county

1if the person's principal place of operation is located within that county. This
2subsection
SB82-SSA1,60,5 3(b) Paragraph (a) does not affect which prosecutor has responsibility under s.
4978.05 (2) to prosecute civil actions arising from violations under s. 971.223 (1)
5described under par. (a).
SB82-SSA1,170 6Section 170. 801.52 of the statutes is amended to read:
SB82-SSA1,60,17 7801.52 Discretionary change of venue. The court may at any time, upon
8its own motion, the motion of a party or the stipulation of the parties, change the
9venue to any county in the interest of justice or for the convenience of the parties or
10witnesses, except that venue in a civil action to impose a forfeiture for a violation of
11chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other
12law arising from or in relation to the official functions of the subject of the
13investigation or any matter that involves elections, ethics, or lobbying regulation
14under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only
15as provided in s. 971.223 971.72 (1) and (2) or in the same manner that is authorized
16for a change in the venue of a criminal trial under s. 971.22 971.70. This section does
17not apply to proceedings under ch. 980.
SB82-SSA1,171 18Section 171. 807.05 of the statutes is amended to read:
SB82-SSA1,60,24 19807.05 Stipulations. No agreement, stipulation, or consent between the
20parties or their attorneys, in respect to the proceedings in an action or special
21proceeding shall be binding unless made in court or during a proceeding conducted
22under s. 807.13 or 967.08 967.14 and entered in the minutes or recorded by the
23reporter, or made in writing and subscribed by the party to be bound thereby or the
24party's attorney.
SB82-SSA1,172 25Section 172. 808.04 (3) of the statutes is amended to read:
SB82-SSA1,61,4
1808.04 (3) Except as provided in subs. (4) and (7), an appeal in a proceeding
2under s. 971.17 971.85, a criminal case, or a case under ch. 48, 51, 55, 938, or 980 shall
3be initiated within the time period specified in s. 809.30 (2) or 809.32 (2), whichever
4is applicable.
SB82-SSA1,173 5Section 173. 808.04 (4) of the statutes is amended to read:
SB82-SSA1,61,96 808.04 (4) Except as provided in sub. (7m), an appeal by the state in a
7proceeding under s. 971.17 971.85, a criminal case under s. 974.05, or a case under
8ch. 48, 938, or 980 shall be initiated within 45 days of entry of the judgment or order
9appealed from.
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