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.
SB82-SSA1,174
10Section
174. 808.075 (4) (b) 4. of the statutes is amended to read:
SB82-SSA1,61,1311
808.075
(4) (b) 4. Commitment, conditional release, recommitment
, and
12discharge under s.
971.17 971.85 of a person found not guilty by reason of mental
13disease or defect.
SB82-SSA1,175
14Section
175. 808.075 (4) (g) 1. of the statutes is amended to read:
SB82-SSA1,61,1615
808.075
(4) (g) 1. Release on
bond conditions under s. 809.31 or
969.01 (2) 16974.09 or ch. 969.
SB82-SSA1,176
17Section
176. 808.075 (4) (g) 2. of the statutes is amended to read:
SB82-SSA1,61,1918
808.075
(4) (g) 2. Modification or revocation of
bond under s. 969.01 (2) (e) or
19969.08 conditions of release under s. 974.09 (2) or ch. 969.
SB82-SSA1,177
20Section
177. 808.075 (4) (g) 7. of the statutes is amended to read:
SB82-SSA1,61,2321
808.075
(4) (g) 7. Commitment, conditional release, recommitment
, and
22discharge under s.
971.17 971.85 of a person found not guilty by reason of mental
23disease or defect.
SB82-SSA1,178
24Section
178. Subchapter III (title) of chapter 809 [precedes 809.30] of the
25statutes is amended to read:
SB82-SSA1,62,22
Subchapter III
SB82-SSA1,62,63
APPEAL PROCEDURE IN COURT OF
4
APPEALS IN S.
971.17 971.85 PROCEEDINGS AND
5
IN CRIMINAL AND CH. 48, 51, 55, 938,
6
AND 980 CASES
SB82-SSA1,179
7Section
179. 809.30 (title) of the statutes is amended to read:
SB82-SSA1,62,9
8809.30 (title)
Rule (Appeals in s.
971.17 971.85 proceedings and in
9criminal, ch. 48, 51, 55, 938, and 980 cases).
SB82-SSA1,180
10Section
180. 809.30 (1) (a) of the statutes is amended to read:
SB82-SSA1,62,1411
809.30
(1) (a) "Final adjudication" means the entry of a final judgment or order
12by the circuit court in a s.
971.17 971.85 proceeding, in a criminal case, or in a ch. 48,
1351, 55, 938, or 980 case, other than a termination of parental rights case under s.
1448.43 or a parental consent to abortion case under s. 48.375 (7).
SB82-SSA1,181
15Section
181. 809.30 (1) (b) 4. of the statutes is amended to read:
SB82-SSA1,62,1716
809.30
(1) (b) 4. A subject individual or ward seeking postdisposition relief in
17a s.
971.17 971.85 proceeding or a case under ch. 51, 55, or 980.
SB82-SSA1,182
18Section
182. 809.30 (1) (c) of the statutes is amended to read:
SB82-SSA1,62,2319
809.30
(1) (c) "Postconviction relief" means an appeal or a motion for
20postconviction relief in a criminal case, other than an appeal, motion, or petition
21under ss. 302.113 (7m) or (9g),
973.19, 973.195, 973.198,
974.03, 974.06, or 974.07
22(2). In a ch. 980 case, the term means an appeal or a motion for postcommitment
23relief under s. 980.038 (4).
SB82-SSA1,183
24Section
183. 809.30 (1) (e) of the statutes is amended to read:
SB82-SSA1,63,3
1809.30
(1) (e) "Prosecutor" means a district attorney, corporation counsel, or
2other attorney authorized by law to represent the state in a criminal case, a
3proceeding under s.
971.17 971.85, or a case under ch. 48, 51, 55, 938, or 980.
SB82-SSA1,184
4Section
184. 809.30 (2) (a) of the statutes is amended to read:
SB82-SSA1,63,145
809.30
(2) (a)
Appeal procedure; counsel to continue. A person seeking
6postconviction relief in a criminal case; a person seeking postdisposition relief in a
7case under ch. 48 other than a termination of parental rights case under s. 48.43 or
8a parental consent to abortion case under s. 48.375 (7); or a person seeking
9postdisposition relief in a s.
971.17 971.85 proceeding or in a case under ch. 51, 55,
10938, or 980 shall comply with this section. Counsel representing the person at
11sentencing or at the time of the final adjudication shall continue representation by
12filing a notice under par. (b) if the person desires to pursue postconviction or
13postdisposition relief unless counsel is discharged by the person or allowed to
14withdraw by the circuit court before the notice must be filed.
SB82-SSA1,185
15Section
185. 809.30 (2) (d) of the statutes is amended to read:
SB82-SSA1,63,2516
809.30
(2) (d)
Indigency redetermination. Except as provided in this
17paragraph, whenever a person whose trial counsel is appointed by the state public
18defender files a notice under par. (b) requesting public defender representation for
19purposes of postconviction or postdisposition relief, the prosecutor may, within 5
20days after the notice is served and filed, file in the circuit court and serve upon the
21state public defender a request that the person's indigency be redetermined before
22counsel is appointed or transcripts are requested. This paragraph does not apply to
23a child who is entitled to be represented by counsel under s. 48.23 or 938.23 or to a
24person who is entitled to be represented by counsel under s.
48.23, 51.60 (1)
, or 2555.105
, or 938.23.
SB82-SSA1,186
1Section
186. 809.30 (2) (m) of the statutes is created to read:
SB82-SSA1,64,42
809.30
(2) (m)
Entry after filing notice. If the record discloses that the judgment
3or order appealed from was entered after the notice under this section was filed, the
4notice shall be treated as filed after that entry on the day of the entry.