Amendment SSA1-SB82

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:

SB82-SSA1,65,23 885.64 (2) All circuit court proceedings, with the exception of proceedings pursuant to s. 972.11 (2m) 972.20, that are conducted by videoconference, interactive video and audio transmission, audiovisual means, live audiovisual means, closed-circuit audiovisual, or other interactive electronic communication with a video component, shall be conducted in accordance with the provisions of this subchapter.

SB82-SSA1,196 Section 196. 891.39 (1) (b) of the statutes is amended to read:

SB82-SSA1,66,8 891.39 (1) (b) In actions affecting the family, in which the question of paternity is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian ad litem's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06 767.407 (6). If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

SB82-SSA1,197 Section 197. 891.39 (2) (b) of the statutes is amended to read:

SB82-SSA1,66,11 891.39 (2) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,198 Section 198. 893.93 (1) (d) of the statutes is amended to read:

SB82-SSA1,66,13 893.93 (1) (d) An action under s. 968.31 968.345.

SB82-SSA1,199 Section 199. 895.01 (1) (am) 7. of the statutes is amended to read:

SB82-SSA1,66,16 895.01 (1) (am) 7. Causes of action for a violation of s. 968.31 968.345 (2m) or other damage to the person.

SB82-SSA1,200 Section 200. 895.34 of the statutes is amended to read:

SB82-SSA1,67,4 895.34 Renewal of sureties upon becoming insufficient and effects thereof. If any bail bond, recognizance, undertaking or other bond or undertaking given in any civil or criminal action or proceeding, becomes at any time insufficient, the court or judge thereof, municipal judge or any magistrate before whom such action or proceeding is pending, may, upon notice, require the plaintiff or defendant to give a new bond, recognizance or undertaking. Every person becoming surety on any such new bond, recognizance or undertaking is liable from the time the original was given, the same as if he or she had been the original surety. If any person fails to comply with the order made in the case the adverse party is entitled to any order, judgment, remedy or process to which he or she would have been entitled had no bond, recognizance or undertaking been given at any time. This section does not apply to a modification of a condition of release under s. 969.33 (7).

SB82-SSA1,201 Section 201. 895.446 (4) of the statutes is amended to read:

SB82-SSA1,67,8 895.446 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act or as recompense under s. 969.13 969.42 (5) (a) for the same act.

SB82-SSA1,202 Section 202. 895.45 (1) (a) of the statutes is amended to read:

SB82-SSA1,67,14 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 49.165 (1) (a), 813.12 (1) (am), or 968.075 969.27 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

SB82-SSA1,203 Section 203. 895.46 (9) (a) (intro.) and 2. and (b) (intro.) and 2. of the statutes are amended to read:

SB82-SSA1,67,21 895.46 (9) (a) (intro.) The state shall reimburse a state officer or state employee for reasonable attorney fees and costs incurred by the officer or employee in connection with a John Doe proceeding under s. 968.26 968.105 (2) arising from the officer's or employee's conduct in the performance of official duties if all the following apply:

SB82-SSA1,67,23 2. The officer or employee is not convicted of a crime arising from the conduct that is the subject of any criminal complaint issued under s. 968.26 968.105 (2) (d).

SB82-SSA1,68,2 (b) (intro.) The state shall reimburse a state officer or state employee for reasonable attorney fees and costs incurred by the officer or employee in defending a criminal complaint issued under s. 968.26 968.105 (2) (d) arising from the officer's or employee's conduct in the performance of official duties if all of the following apply:

SB82-SSA1,68,4 2. The officer or employee is not convicted of a crime arising from the conduct that is the subject of the criminal complaint issued under s. 968.26 968.105 (2) (d).

SB82-SSA1,204 Section 204. 895.54 of the statutes is amended to read:

SB82-SSA1,68,9 895.54 Liability exemption; notification of release. A person is immune from any liability regarding any act or omission regarding the notification of any applicable office or person under s. 51.37 (10), 304.06 (1), 971.17 971.85 (4m) or (6m), or 980.11. This section does not apply to willful or wanton acts or omissions.

SB82-SSA1,205 Section 205. 901.01 of the statutes is amended to read:

SB82-SSA1,68,12 901.01 Scope. Chapters 901 to 911 govern proceedings in the courts of the state of Wisconsin except as provided in ss. 911.01 and 972.11 967.24.

SB82-SSA1,206 Section 206. 901.04 (1) of the statutes is amended to read:

SB82-SSA1,68,19 901.04 (1) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the judge, subject to sub. (2) and ss. 971.31 (11) and 972.11 (2) 346.63 (8), 904.045, 940.22 (6), and 971.65 (6). In making the determination the judge is bound by the rules of evidence only with respect to privileges and as provided in s. 901.05.

SB82-SSA1,207 Section 207. 901.04 (3) (cm) of the statutes is amended to read:

SB82-SSA1,68,22 901.04 (3) (cm) Admissibility of evidence specified in s. 972.11 (2) (d) 904.045 (4).

SB82-SSA1,208 Section 208. 901.05 (3) of the statutes is amended to read:

SB82-SSA1,69,3 901.05 (3) The results of a test or tests under s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5) and the fact that a person has been ordered to submit to such a test or tests under s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5) are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding.

SB82-SSA1,209 Section 209. 904.04 (1) (b) of the statutes is amended to read:

SB82-SSA1,69,9 904.04 (1) (b) Character of victim. Except as provided in s. 972.11 (2) 904.045, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;

SB82-SSA1,210 Section 210. 904.04 (2) (b) 1. of the statutes is amended to read:

SB82-SSA1,69,17 904.04 (2) (b) 1. In a criminal proceeding alleging a violation of s. 940.302 (2) or of ch. 948, alleging the commission of a serious sex offense, as defined in s. 939.615 (1) (b), or of domestic abuse, as defined in s. 968.075 969.27 (1) (a), or alleging an offense that, following a conviction, is subject to the surcharge in s. 973.055, evidence of any similar acts by the accused is admissible, and is admissible without regard to whether the victim of the crime that is the subject of the proceeding is the same as the victim of the similar act.

SB82-SSA1,211 Section 211. 904.045 (title) of the statutes is created to read:

SB82-SSA1,69,19 904.045 (title) Evidence of sexual conduct.