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.
SB82-SSA1,187
5Section
187. 809.31 (6) of the statutes is amended to read:
SB82-SSA1,64,86
809.31
(6) The court ordering release shall require the defendant to post a bond
7in accordance with s.
969.09 974.09 (2) and may impose other terms and conditions.
8The defendant shall file the bond in the trial court.
SB82-SSA1,188
9Section
188. 814.22 (1) (intro.) of the statutes is amended to read:
SB82-SSA1,64,1610
814.22
(1) (intro.) In all proceedings, including criminal actions, if a change of
11venue is had
(, except in cases where the change
of venue is made because the action
12was not brought in the proper county
),, if the jury is selected for use in another county
13under s.
971.225 971.71, or
if an action
, occupying a day or more
, is tried outside the
14county wherein pending, the county in which the action was commenced shall pay
15to the county in which the action is tried or the jury is selected the following expenses
16arising out of the change of venue or jury selection:
SB82-SSA1,189
17Section
189. 814.69 (1) (a) of the statutes is amended to read:
SB82-SSA1,64,2118
814.69
(1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per
1925-line page for the original and 50 cents per 25-line page for the duplicate. Except
20as provided in s.
967.06 (3) 977.072, the fee shall be paid by the county treasurer upon
21the certificate of the clerk of court.
SB82-SSA1,190
22Section
190. 885.01 (2) of the statutes is amended to read:
SB82-SSA1,65,223
885.01
(2) By
an attorney of record in a criminal action, or by the attorney
24general or any district attorney or person acting in his or her stead, to require the
1attendance of
witnesses, in behalf of the state, a witness for a deposition, or for a
2hearing or trial in any court or before any magistrate
, and from any part of the state.
SB82-SSA1,191
3Section
191. 885.15 (2) of the statutes is amended to read:
SB82-SSA1,65,54
885.15
(2) The immunity provided under sub. (1) is subject to the restrictions
5under s.
972.085 967.18.
SB82-SSA1,192
6Section
192. 885.24 (2) of the statutes is amended to read:
SB82-SSA1,65,87
885.24
(2) The immunity provided under sub. (1) is subject to the restrictions
8under s.
972.085 967.18.
SB82-SSA1,193
9Section
193. 885.25 (2m) of the statutes is amended to read:
SB82-SSA1,65,1110
885.25
(2m) The immunity provided under sub. (2) is subject to the restrictions
11under s.
972.085 967.18.
SB82-SSA1,194
12Section
194. 885.365 (1) of the statutes is amended to read:
SB82-SSA1,65,1613
885.365
(1) Evidence obtained as the result of the use of voice recording
14equipment for recording of telephone conversations, by way of interception of a
15communication or in any other manner, shall be totally inadmissible in the courts of
16this state in civil actions, except as provided in ss.
968.28 968.315 to
968.37 968.405.
SB82-SSA1,195
17Section
195. 885.64 (2) of the statutes is amended to read:
SB82-SSA1,65,2318
885.64
(2) All circuit court proceedings, with the exception of proceedings
19pursuant to s.
972.11 (2m) 972.20, that are conducted by videoconference, interactive
20video and audio transmission, audiovisual means, live audiovisual means,
21closed-circuit audiovisual, or other interactive electronic communication with a
22video component, shall be conducted in accordance with the provisions of this
23subchapter.
SB82-SSA1,196
24Section
196. 891.39 (1) (b) of the statutes is amended to read:
SB82-SSA1,66,8
1891.39
(1) (b) In actions affecting the family, in which the question of paternity
2is raised, and in paternity proceedings, the court, upon being satisfied that the
3parties to the action are unable to adequately compensate any such guardian ad
4litem for the guardian ad litem's services and expenses, shall then make an order
5specifying the guardian ad litem's compensation and expenses, which compensation
6and expenses shall be paid as provided in s.
967.06
767.407 (6). If the court orders
7a county to pay the compensation of the guardian ad litem, the amount ordered may
8not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).