Amendment SSA1-SB82

SB82-SSA1,56,17 631.95 (1) (c) "Domestic abuse" has the meaning given in s. 968.075 (1) (a) 969.27 (1) (a).

SB82-SSA1,153 Section 153. 704.16 (1) (b) 4. of the statutes is amended to read:

SB82-SSA1,56,20 704.16 (1) (b) 4. A condition of release under s. 974.09 or ch. 969 ordering the person not to contact the tenant.

SB82-SSA1,154 Section 154. 704.16 (1) (b) 7. of the statutes is amended to read:

SB82-SSA1,56,24 704.16 (1) (b) 7. A criminal complaint that was filed against the person as a result of the person being arrested for committing a domestic abuse offense against the tenant under s. 968.075 969.27.

SB82-SSA1,155 Section 155. 704.16 (3) (b) 2. d. of the statutes is amended to read:

SB82-SSA1,57,2 704.16 (3) (b) 2. d. A condition of release under s. 974.09 or ch. 969 ordering the offending tenant not to contact the other tenant.

SB82-SSA1,156 Section 156. 704.16 (3) (b) 2. g. of the statutes is amended to read:

SB82-SSA1,57,6 704.16 (3) (b) 2. g. A criminal complaint that was filed against the offending tenant as a result of the offending tenant being arrested for committing a domestic abuse offense against the other tenant under s. 968.075 969.27.

SB82-SSA1,157 Section 157. 756.06 (2) (a) of the statutes is amended to read:

SB82-SSA1,57,9 756.06 (2) (a) A jury in a criminal case shall consist of 12 persons unless both parties agree on a lesser number as provided in s. 972.02 972.025 (2).

SB82-SSA1,158 Section 158. 756.06 (2) (c) of the statutes is amended to read:

SB82-SSA1,57,12 756.06 (2) (c) A jury in a case involving an offense for which a forfeiture may be imposed or in an inquest under s. 979.05 968.025 shall consist of 6 persons.

SB82-SSA1,159 Section 159. 757.54 (2) (a) 1. of the statutes is amended to read:

SB82-SSA1,57,14 757.54 (2) (a) 1. "Custody" has the meaning given in s. 968.205 968.645 (1) (a).

SB82-SSA1,160 Section 160. 757.54 (2) (a) 2. of the statutes is amended to read:

SB82-SSA1,57,17 757.54 (2) (a) 2. "Discharge date" has the meaning given in s. 968.205 968.645 (1) (b).

SB82-SSA1,161 Section 161. 757.69 (1) (b) of the statutes is amended to read:

SB82-SSA1,58,3 757.69 (1) (b) In criminal matters issue summonses, arrest warrants, or search warrants, determine probable cause to support a warrantless arrest, conduct perform the duties of the court at an initial appearances of persons arrested appearance under s. 971.028, set bail, inform the defendant in accordance with s. 970.02 (1), refer the person to the authority for indigency determinations specified under s. 977.07 (1), conduct the preliminary examination and arraignment, and, with the consent of both the state and the defendant, accept a guilty plea. If a court refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court commissioner shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.

SB82-SSA1,162 Section 162. 757.69 (1) (i) of the statutes is amended to read:

SB82-SSA1,58,5 757.69 (1) (i) Conduct inquests under subch. I of ch. 979 968.

SB82-SSA1,163 Section 163. 758.171 of the statutes is amended to read:

SB82-SSA1,58,11 758.171 Judicial conference: uniform citation. The judicial conference shall adopt a uniform citation form for use as authorized under s. 968.085 969.24. A duly authenticated copy of this form shall be furnished to the secretary of state and kept on file in his or her office. The secretary of state shall transmit a copy of this form to the clerks of circuit court.

SB82-SSA1,164 Section 164. 767.87 (4) (b) of the statutes is amended to read:

SB82-SSA1,58,14 767.87 (4) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,165 Section 165. 781.04 (1) of the statutes is amended to read:

SB82-SSA1,58,18 781.04 (1) In an action or proceeding seeking the remedy available by habeas corpus, the court may admit the prisoner to bail in accordance with s. 974.09 or ch. 969.

SB82-SSA1,166 Section 166. 800.035 (8) of the statutes is amended to read:

SB82-SSA1,59,5 800.035 (8) If the defendant does not appear, but has made a deposit in the amount set for the violation, he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not exceeding the amount of the deposit. The court may impose any other penalties allowed by law. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the defendant fails to appear in response to the summons, the court may issue a warrant under s. 968.09 969.50. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.

SB82-SSA1,167 Section 167. 801.02 (7) (a) 2. c. of the statutes is amended to read:

SB82-SSA1,59,10 801.02 (7) (a) 2. c. A person bringing an action seeking relief from a judgment of conviction or a sentence of a court, including an action for an extraordinary writ or a supervisory writ seeking relief from a judgment of conviction or a sentence of a court or an action under s. 809.30, 809.40, 973.19 974.03, 974.06 or 974.07.

SB82-SSA1,168 Section 168. 801.02 (7) (a) 2. e. of the statutes is amended to read:

SB82-SSA1,59,14 801.02 (7) (a) 2. e. A person who is not serving a sentence for the conviction of a crime but who is detained, admitted or committed under ch. 51 or 55 or s. 971.14 971.81 (2) or (5).

SB82-SSA1,169 Section 169. 801.50 (5t) of the statutes is renumbered 801.50 (5t) (a) and amended to read:

SB82-SSA1,60,2 801.50 (5t) (a) Except as otherwise provided in ss. 801.52 and 971.223 971.72 (1) and (2), venue in a civil action to impose a forfeiture upon a resident of this state for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, shall be in circuit court for the county where the defendant resides. For purposes of this subsection paragraph, a person other than a natural person resides within a county if the person's principal place of operation is located within that county. This subsection

SB82-SSA1,60,5 (b) Paragraph (a) does not affect which prosecutor has responsibility under s. 978.05 (2) to prosecute civil actions arising from violations under s. 971.223 (1) described under par. (a).

SB82-SSA1,170 Section 170. 801.52 of the statutes is amended to read:

SB82-SSA1,60,17 801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose a forfeiture for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only as provided in s. 971.223 971.72 (1) and (2) or in the same manner that is authorized for a change in the venue of a criminal trial under s. 971.22 971.70. This section does not apply to proceedings under ch. 980.

SB82-SSA1,171 Section 171. 807.05 of the statutes is amended to read:

SB82-SSA1,60,24 807.05 Stipulations. No agreement, stipulation, or consent between the parties or their attorneys, in respect to the proceedings in an action or special proceeding shall be binding unless made in court or during a proceeding conducted under s. 807.13 or 967.08 967.14 and entered in the minutes or recorded by the reporter, or made in writing and subscribed by the party to be bound thereby or the party's attorney.

SB82-SSA1,172 Section 172. 808.04 (3) of the statutes is amended to read:

SB82-SSA1,61,4 808.04 (3) Except as provided in subs. (4) and (7), an appeal in a proceeding under s. 971.17 971.85, a criminal case, or a case under ch. 48, 51, 55, 938, or 980 shall be initiated within the time period specified in s. 809.30 (2) or 809.32 (2), whichever is applicable.

SB82-SSA1,173 Section 173. 808.04 (4) of the statutes is amended to read:

SB82-SSA1,61,9 808.04 (4) Except as provided in sub. (7m), an appeal by the state in a proceeding under s. 971.17 971.85, a criminal case under s. 974.05, or a case under ch. 48, 938, or 980 shall be initiated within 45 days of entry of the judgment or order appealed from.

SB82-SSA1,174 Section 174. 808.075 (4) (b) 4. of the statutes is amended to read:

SB82-SSA1,61,13 808.075 (4) (b) 4. Commitment, conditional release, recommitment, and discharge under s. 971.17 971.85 of a person found not guilty by reason of mental disease or defect.

SB82-SSA1,175 Section 175. 808.075 (4) (g) 1. of the statutes is amended to read:

SB82-SSA1,61,16 808.075 (4) (g) 1. Release on bond conditions under s. 809.31 or 969.01 (2) 974.09 or ch. 969.

SB82-SSA1,176 Section 176. 808.075 (4) (g) 2. of the statutes is amended to read:

SB82-SSA1,61,19 808.075 (4) (g) 2. Modification or revocation of bond under s. 969.01 (2) (e) or 969.08 conditions of release under s. 974.09 (2) or ch. 969.

SB82-SSA1,177 Section 177. 808.075 (4) (g) 7. of the statutes is amended to read:

SB82-SSA1,61,23 808.075 (4) (g) 7. Commitment, conditional release, recommitment, and discharge under s. 971.17 971.85 of a person found not guilty by reason of mental disease or defect.

SB82-SSA1,178 Section 178. Subchapter III (title) of chapter 809 [precedes 809.30] of the statutes is amended to read:

SB82-SSA1,62,1 chapter 809

SB82-SSA1,62,2 Subchapter III

SB82-SSA1,62,6 APPEAL PROCEDURE IN COURT OF APPEALS IN S. 971.17 971.85 PROCEEDINGS AND IN CRIMINAL AND CH. 48, 51, 55, 938, AND 980 CASES

SB82-SSA1,179 Section 179. 809.30 (title) of the statutes is amended to read:

SB82-SSA1,62,9 809.30 (title) Rule (Appeals in s. 971.17 971.85 proceedings and in criminal, ch. 48, 51, 55, 938, and 980 cases).

SB82-SSA1,180 Section 180. 809.30 (1) (a) of the statutes is amended to read:

SB82-SSA1,62,14 809.30 (1) (a) "Final adjudication" means the entry of a final judgment or order by the circuit court in a s. 971.17 971.85 proceeding, in a criminal case, or in a ch. 48, 51, 55, 938, or 980 case, other than a termination of parental rights case under s. 48.43 or a parental consent to abortion case under s. 48.375 (7).

SB82-SSA1,181 Section 181. 809.30 (1) (b) 4. of the statutes is amended to read:

SB82-SSA1,62,17 809.30 (1) (b) 4. A subject individual or ward seeking postdisposition relief in a s. 971.17 971.85 proceeding or a case under ch. 51, 55, or 980.

SB82-SSA1,182 Section 182. 809.30 (1) (c) of the statutes is amended to read:

SB82-SSA1,62,23 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m) or (9g), 973.19, 973.195, 973.198, 974.03, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).

SB82-SSA1,183 Section 183. 809.30 (1) (e) of the statutes is amended to read:

SB82-SSA1,63,3 809.30 (1) (e) "Prosecutor" means a district attorney, corporation counsel, or other attorney authorized by law to represent the state in a criminal case, a proceeding under s. 971.17 971.85, or a case under ch. 48, 51, 55, 938, or 980.

SB82-SSA1,184 Section 184. 809.30 (2) (a) of the statutes is amended to read:

SB82-SSA1,63,14 809.30 (2) (a) Appeal procedure; counsel to continue. A person seeking postconviction relief in a criminal case; a person seeking postdisposition relief in a case under ch. 48 other than a termination of parental rights case under s. 48.43 or a parental consent to abortion case under s. 48.375 (7); or a person seeking postdisposition relief in a s. 971.17 971.85 proceeding or in a case under ch. 51, 55, 938, or 980 shall comply with this section. Counsel representing the person at sentencing or at the time of the final adjudication shall continue representation by filing a notice under par. (b) if the person desires to pursue postconviction or postdisposition relief unless counsel is discharged by the person or allowed to withdraw by the circuit court before the notice must be filed.

SB82-SSA1,185 Section 185. 809.30 (2) (d) of the statutes is amended to read:

SB82-SSA1,63,25 809.30 (2) (d) Indigency redetermination. Except as provided in this paragraph, whenever a person whose trial counsel is appointed by the state public defender files a notice under par. (b) requesting public defender representation for purposes of postconviction or postdisposition relief, the prosecutor may, within 5 days after the notice is served and filed, file in the circuit court and serve upon the state public defender a request that the person's indigency be redetermined before counsel is appointed or transcripts are requested. This paragraph does not apply to a child who is entitled to be represented by counsel under s. 48.23 or 938.23 or to a person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), or 55.105, or 938.23.

SB82-SSA1,186 Section 186. 809.30 (2) (m) of the statutes is created to read:

SB82-SSA1,64,4 809.30 (2) (m) Entry after filing notice. If the record discloses that the judgment or order appealed from was entered after the notice under this section was filed, the notice shall be treated as filed after that entry on the day of the entry.

SB82-SSA1,187 Section 187. 809.31 (6) of the statutes is amended to read:

SB82-SSA1,64,8 809.31 (6) The court ordering release shall require the defendant to post a bond in accordance with s. 969.09 974.09 (2) and may impose other terms and conditions. The defendant shall file the bond in the trial court.

SB82-SSA1,188 Section 188. 814.22 (1) (intro.) of the statutes is amended to read:

SB82-SSA1,64,16 814.22 (1) (intro.) In all proceedings, including criminal actions, if a change of venue is had (, except in cases where the change of venue is made because the action was not brought in the proper county),, if the jury is selected for use in another county under s. 971.225 971.71, or if an action, occupying a day or more, is tried outside the county wherein pending, the county in which the action was commenced shall pay to the county in which the action is tried or the jury is selected the following expenses arising out of the change of venue or jury selection:

SB82-SSA1,189 Section 189. 814.69 (1) (a) of the statutes is amended to read:

SB82-SSA1,64,21 814.69 (1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per 25-line page for the original and 50 cents per 25-line page for the duplicate. Except as provided in s. 967.06 (3) 977.072, the fee shall be paid by the county treasurer upon the certificate of the clerk of court.

SB82-SSA1,190 Section 190. 885.01 (2) of the statutes is amended to read:

SB82-SSA1,65,2 885.01 (2) By an attorney of record in a criminal action, or by the attorney general or any district attorney or person acting in his or her stead, to require the attendance of witnesses, in behalf of the state, a witness for a deposition, or for a hearing or trial in any court or before any magistrate, and from any part of the state.

SB82-SSA1,191 Section 191. 885.15 (2) of the statutes is amended to read:

SB82-SSA1,65,5 885.15 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,192 Section 192. 885.24 (2) of the statutes is amended to read:

SB82-SSA1,65,8 885.24 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,193 Section 193. 885.25 (2m) of the statutes is amended to read:

SB82-SSA1,65,11 885.25 (2m) The immunity provided under sub. (2) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,194 Section 194. 885.365 (1) of the statutes is amended to read:

SB82-SSA1,65,16 885.365 (1) Evidence obtained as the result of the use of voice recording equipment for recording of telephone conversations, by way of interception of a communication or in any other manner, shall be totally inadmissible in the courts of this state in civil actions, except as provided in ss. 968.28 968.315 to 968.37 968.405.

SB82-SSA1,195 Section 195. 885.64 (2) of the statutes is amended to read: