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).
SB82-SSA1,197
9Section
197. 891.39 (2) (b) of the statutes is amended to read:
SB82-SSA1,66,1110
891.39
(2) (b) The immunity provided under par. (a) is subject to the restrictions
11under s.
972.085 967.18.
SB82-SSA1,198
12Section
198. 893.93 (1) (d) of the statutes is amended to read:
SB82-SSA1,66,1313
893.93
(1) (d) An action under s.
968.31 968.345.
SB82-SSA1,199
14Section
199. 895.01 (1) (am) 7. of the statutes is amended to read:
SB82-SSA1,66,1615
895.01
(1) (am) 7. Causes of action for a violation of s.
968.31 968.345 (2m) or
16other damage to the person.
SB82-SSA1,200
17Section
200. 895.34 of the statutes is amended to read:
SB82-SSA1,67,4
18895.34 Renewal of sureties upon becoming insufficient and effects
19thereof. If any bail bond, recognizance, undertaking or other bond or undertaking
20given in any civil or criminal action or proceeding, becomes at any time insufficient,
21the court or judge thereof, municipal judge or any magistrate before whom such
22action or proceeding is pending, may, upon notice, require the plaintiff or defendant
23to give a new bond, recognizance or undertaking. Every person becoming surety on
24any such new bond, recognizance or undertaking is liable from the time the original
25was given, the same as if he or she had been the original surety. If any person fails
1to comply with the order made in the case the adverse party is entitled to any order,
2judgment, remedy or process to which he or she would have been entitled had no
3bond, recognizance or undertaking been given at any time.
This section does not
4apply to a modification of a condition of release under s. 969.33 (7).
SB82-SSA1,201
5Section
201. 895.446 (4) of the statutes is amended to read:
SB82-SSA1,67,86
895.446
(4) Any recovery under this section shall be reduced by the amount
7recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act
8or as recompense under s.
969.13 969.42 (5) (a) for the same act.
SB82-SSA1,202
9Section
202. 895.45 (1) (a) of the statutes is amended to read:
SB82-SSA1,67,1410
895.45
(1) (a) "Abusive conduct" means domestic abuse, as defined under s.
1149.165 (1) (a), 813.12 (1) (am), or
968.075 969.27 (1) (a), harassment, as defined under
12s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault
13under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under
14ss. 948.02 to 948.11.
SB82-SSA1,203
15Section
203. 895.46 (9) (a) (intro.) and 2. and (b) (intro.) and 2. of the statutes
16are amended to read:
SB82-SSA1,67,2117
895.46
(9) (a) (intro.) The state shall reimburse a state officer or state employee
18for reasonable attorney fees and costs incurred by the officer or employee in
19connection with a John Doe proceeding under s.
968.26 968.105 (2) arising from the
20officer's or employee's conduct in the performance of official duties if all the following
21apply:
SB82-SSA1,67,2322
2. The officer or employee is not convicted of a crime arising from the conduct
23that is the subject of any criminal complaint issued under s.
968.26 968.105 (2) (d).
SB82-SSA1,68,224
(b) (intro.) The state shall reimburse a state officer or state employee for
25reasonable attorney fees and costs incurred by the officer or employee in defending
1a criminal complaint issued under s.
968.26
968.105 (2) (d) arising from the officer's
2or employee's conduct in the performance of official duties if all of the following apply:
SB82-SSA1,68,43
2. The officer or employee is not convicted of a crime arising from the conduct
4that is the subject of the criminal complaint issued under s.
968.26 968.105 (2) (d).
SB82-SSA1,204
5Section
204. 895.54 of the statutes is amended to read:
SB82-SSA1,68,9
6895.54 Liability exemption; notification of release. A person is immune
7from any liability regarding any act or omission regarding the notification of any
8applicable office or person under s. 51.37 (10), 304.06 (1),
971.17 971.85 (4m) or (6m)
, 9or 980.11. This section does not apply to willful or wanton acts or omissions.
SB82-SSA1,205
10Section
205. 901.01 of the statutes is amended to read:
SB82-SSA1,68,12
11901.01 Scope. Chapters 901 to 911 govern proceedings in the courts of the
12state of Wisconsin except as provided in ss. 911.01 and
972.11 967.24.
SB82-SSA1,206
13Section
206. 901.04 (1) of the statutes is amended to read:
SB82-SSA1,68,1914
901.04
(1) Questions of admissibility generally. Preliminary questions
15concerning the qualification of a person to be a witness, the existence of a privilege,
16or the admissibility of evidence shall be determined by the judge, subject to sub. (2)
17and ss.
971.31 (11) and 972.11 (2) 346.63 (8), 904.045, 940.22 (6), and 971.65 (6). In
18making the determination the judge is bound by the rules of evidence only with
19respect to privileges and as provided in s. 901.05.
SB82-SSA1,207
20Section
207. 901.04 (3) (cm) of the statutes is amended to read:
SB82-SSA1,68,2221
901.04
(3) (cm) Admissibility of evidence specified in s.
972.11 (2) (d) 904.045
22(4).
SB82-SSA1,208
23Section
208. 901.05 (3) of the statutes is amended to read:
SB82-SSA1,69,324
901.05
(3) The results of a test or tests under s. 938.296 (4) or (5) or
968.38 25968.725 (4) or (5) and the fact that a person has been ordered to submit to such a test
1or tests under s. 938.296 (4) or (5) or
968.38 968.725 (4) or (5) are not admissible
2during the course of a civil or criminal action or proceeding or an administrative
3proceeding.
SB82-SSA1,209
4Section
209. 904.04 (1) (b) of the statutes is amended to read:
SB82-SSA1,69,95
904.04
(1) (b)
Character of victim. Except as provided in s.
972.11 (2) 904.045,
6evidence of a pertinent trait of character of the victim of the crime offered by an
7accused, or by the prosecution to rebut the same, or evidence of a character trait of
8peacefulness of the victim offered by the prosecution in a homicide case to rebut
9evidence that the victim was the first aggressor;
SB82-SSA1,210
10Section
210. 904.04 (2) (b) 1. of the statutes is amended to read:
SB82-SSA1,69,1711
904.04
(2) (b) 1. In a criminal proceeding alleging a violation of s. 940.302 (2)
12or of ch. 948, alleging the commission of a serious sex offense, as defined in s. 939.615
13(1) (b), or of domestic abuse, as defined in s.
968.075 969.27 (1) (a), or alleging an
14offense that, following a conviction, is subject to the surcharge in s. 973.055, evidence
15of any similar acts by the accused is admissible, and is admissible without regard to
16whether the victim of the crime that is the subject of the proceeding is the same as
17the victim of the similar act.
SB82-SSA1,211
18Section
211. 904.045 (title) of the statutes is created to read:
SB82-SSA1,69,19
19904.045 (title)
Evidence of sexual conduct.
SB82-SSA1,212
20Section
212. 904.06 (1) of the statutes is amended to read:
SB82-SSA1,69,2521
904.06
(1) Admissibility. Except as provided in s.
972.11 (2) 904.045, evidence
22of the habit of a person or of the routine practice of an organization, whether
23corroborated or not and regardless of the presence of eyewitnesses, is relevant to
24prove that the conduct of the person or organization on a particular occasion was in
25conformity with the habit or routine practice.
SB82-SSA1,213
1Section
213. 906.08 (1) (intro.) of the statutes is amended to read:
SB82-SSA1,70,52
906.08
(1) Opinion and reputation evidence of character. (intro.) Except as
3provided in s.
972.11 (2) 904.045, the credibility of a witness may be attacked or
4supported by evidence in the form of reputation or opinion, but subject to the
5following limitations:
SB82-SSA1,214
6Section
214. 906.08 (2) of the statutes is amended to read:
SB82-SSA1,70,137
906.08
(2) Specific instances of conduct. Specific instances of the conduct of
8a witness, for the purpose of attacking or supporting the witness's credibility, other
9than a conviction of a crime or an adjudication of delinquency as provided in s.
10906.09, may not be proved by extrinsic evidence. They may, however, subject to s.
11972.11 (2) 904.045, if probative of truthfulness or untruthfulness and not remote in
12time, be inquired into on cross-examination of the witness or on cross-examination
13of a witness who testifies to his or her character for truthfulness or untruthfulness.
SB82-SSA1,215
14Section
215. 907.06 (5) of the statutes is amended to read:
SB82-SSA1,70,1615
907.06
(5) Appointment in criminal cases. This section shall not apply to the
16appointment of experts as provided by s.
971.16
971.83.
SB82-SSA1,216
17Section
216. 908.08 (5) (am) of the statutes is amended to read:
SB82-SSA1,70,1918
908.08
(5) (am) The testimony of a child under par. (a) may be taken in
19accordance with s.
972.11 (2m) 972.20, if applicable.
SB82-SSA1,217
20Section
217. 908.08 (5) (b) of the statutes is amended to read:
SB82-SSA1,70,2521
908.08
(5) (b) If a recorded statement under this section is shown at a
22preliminary examination under s.
970.03 971.042 or 971.75 (2) and the party who
23offers the statement does not call the child to testify, the court may not order under
24par. (a) that the child be produced for cross-examination at the preliminary
25examination.
SB82-SSA1,218
1Section
218. 908.08 (6) of the statutes is amended to read:
SB82-SSA1,71,42
908.08
(6) Recorded oral statements of children under this section in the
3possession, custody
, or control of the state are discoverable under ss. 48.293 (3),
4304.06 (3d),
971.23 971.43 (1) (e)
, and 973.10 (2g).
SB82-SSA1,219
5Section
219. 911.01 (1) of the statutes is amended to read:
SB82-SSA1,71,116
911.01
(1) Courts and court commissioners. Chapters 901 to 911 apply to the
7courts of the state of Wisconsin, including municipal courts and circuit,
8supplemental, and municipal court commissioners, in the proceedings and to the
9extent hereinafter set forth except as provided in s.
972.11 967.24. The word "judge"
10in chs. 901 to 911 means judge of a court of record, municipal judge, or circuit,
11supplemental, or municipal court commissioner.
SB82-SSA1,220
12Section
220. 911.01 (4) (b) of the statutes is amended to read:
SB82-SSA1,71,1413
911.01
(4) (b)
Grand jury; John Doe proceedings. Proceedings before grand
14juries or a John Doe proceeding under s.
968.26
968.105.
SB82-SSA1,221
15Section
221. 911.01 (4) (c) of the statutes is amended to read:
SB82-SSA1,71,2516
911.01
(4) (c)
Miscellaneous proceedings. Proceedings for extradition or
17rendition; sentencing, granting or revoking probation, modification of a bifurcated
18sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s.
19973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest
20warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2);
21proceedings under s.
971.14 971.81 (1r) (c); proceedings with respect to pretrial
22release under ch. 969 except where habeas corpus is utilized with respect to release
23on
bail or conditions as
otherwise provided in ch. 969;
proceedings with respect to
24release on bond under s. 974.09 pending appeal; or proceedings under s. 165.76 (6)
25to compel provision of a biological specimen for deoxyribonucleic acid analysis.
SB82-SSA1,222
1Section
222. 938.18 (10) of the statutes is created to read:
SB82-SSA1,72,62
938.18
(10) Disposition options; certain juveniles younger than 15. If a court
3of criminal jurisdiction has jurisdiction over a juvenile for a violation as a result of
4a waiver under sub. (1) (a) or (b) and the juvenile is alleged to have committed the
5violation before he or she has attained the age of 15, the court shall proceed as
6follows:
SB82-SSA1,72,97
(a) If the juvenile is convicted of an offense for which jurisdiction over the
8juvenile could not have been waived under sub. (1) (a) or (b), the court shall adjudge
9the juvenile to be delinquent and impose a disposition specified in s. 938.34.