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.
SB82-SSA1,72,1610
(b) If the juvenile is convicted of an offense other than the offense charged and
11the offense for which the juvenile is convicted is an offense for which jurisdiction over
12the juvenile may be waived under sub. (1) (a) or (b) and the court, after considering
13the criteria specified in sub. (5), determines that the juvenile has proved by clear and
14convincing evidence that it would be in the best interests of the juvenile and of the
15public to adjudge the juvenile to be delinquent, the court may impose a disposition
16specified in s. 938.34.
SB82-SSA1,223
17Section
223. 938.183 (1) (ar) of the statutes is amended to read:
SB82-SSA1,72,2218
938.183
(1) (ar) A juvenile specified in par. (a) or (am) who is alleged to have
19attempted or committed a violation of any state criminal law in addition to the
20violation alleged under par. (a) or (am) if the violation alleged under this paragraph
21and the violation alleged under par. (a) or (am) may be joined under s.
971.12 (1) 22970.13.
SB82-SSA1,224
23Section
224. 938.183 (1m) (b) of the statutes is amended to read:
SB82-SSA1,73,224
938.183
(1m) (b) If a court of criminal jurisdiction transfers jurisdiction under
25s.
970.032 971.75 (5) or
971.31 (13) 971.77 to a court assigned to exercise jurisdiction
1under this chapter and ch. 48, the juvenile is subject to the procedures and
2dispositions specified in
subch. subchs. IV to VI.
SB82-SSA1,225
3Section
225. 938.195 (1) (a) of the statutes is amended to read:
SB82-SSA1,73,54
938.195
(1) (a) "Custodial interrogation" has the meaning given in s.
968.073 5969.165 (1) (a).
SB82-SSA1,226
6Section
226. 938.21 (2) (f) of the statutes is created to read:
SB82-SSA1,73,97
938.21
(2) (f) At a hearing under this section, the representative of the public
8designated under s. 938.09 shall disclose, if in his or her possession, law enforcement
9investigative reports relating to the case.
SB82-SSA1,227
10Section
227. 938.293 (2) of the statutes is amended to read:
SB82-SSA1,73,2211
938.293
(2) Records relating to juvenile. All records relating to a juvenile
12which are relevant to the subject matter of a proceeding under this chapter shall be
13open to inspection by a guardian ad litem or counsel for any party, upon demand and
14upon presentation of releases where necessary, at least 48 hours before the
15proceeding. Persons entitled to inspect the records may obtain copies of the records
16with the permission of the custodian of the records or with the permission of the
17court. The court may instruct counsel not to disclose specified items in the materials
18to the juvenile or the parent if the court reasonably believes that the disclosure would
19be harmful to the interests of the juvenile. Section
971.23 971.43 shall be applicable
20in all delinquency proceedings under this chapter, except that the court shall
21establish the timetable for the disclosures required under s.
971.23 971.43 (1), (2m),
22(8), and (9).
SB82-SSA1,228
23Section
228. 938.30 (2) of the statutes is amended to read:
SB82-SSA1,74,824
938.30
(2) Information to juvenile and parents; basic rights; substitution. 25At or before the commencement of the hearing under this section the juvenile and
1the parent, guardian, legal custodian, or Indian custodian shall be advised of their
2rights as specified in s. 938.243 and shall be informed that the hearing shall be to the
3court and that a request for a substitution of judge under s. 938.29 must be made
4before the end of the plea hearing or is waived.
At the hearing, the district attorney
5shall disclose, if in his or her possession, law enforcement investigative reports
6relating to the case. Nonpetitioning parties, including the juvenile, shall be granted
7a continuance of the plea hearing if they wish to consult with an attorney on the
8request for a substitution of a judge.
SB82-SSA1,229
9Section
229. 938.30 (3) of the statutes is amended to read:
SB82-SSA1,74,1410
938.30
(3) Juvenile in need of protection or services proceeding; possible
11pleas. If a petition alleges that a juvenile is in need of protection or services under
12s. 938.13 (4), (6), (6m), (7) or (14), the nonpetitioning parties and the juvenile, if he
13or she is
12 10 years of age or older
or and is otherwise competent to do so, shall state
14whether they desire to contest the petition.
SB82-SSA1,230
15Section
230. 938.30 (5) (c) (intro.) of the statutes is amended to read:
SB82-SSA1,74,1816
938.30
(5) (c) (intro.) If the court finds that the juvenile was not responsible by
17reason of mental disease or defect, as described under s.
971.15 971.82 (1) and (2),
18the court shall dismiss the petition with prejudice and do one of the following:
SB82-SSA1,231
19Section
231. 938.30 (5) (d) (intro.) of the statutes is amended to read:
SB82-SSA1,74,2220
938.30
(5) (d) (intro.) If the court finds that the juvenile is not competent to
21proceed, as described in s.
971.13 971.80 (1) and (2), the court shall suspend
22proceedings on the petition and do one of the following:
SB82-SSA1,232
23Section
232. 938.30 (5) (e) 1. (intro.) of the statutes is amended to read:
SB82-SSA1,75,824
938.30
(5) (e) 1. (intro.) A juvenile who is not competent to proceed, as described
25in s.
971.13 971.80 (1) and (2), but who is likely to become competent to proceed
1within 12 months or within the time period of the maximum sentence that may be
2imposed on an adult for the most serious delinquent act with which the juvenile is
3charged, whichever is less, and who is committed under s. 51.20 following an order
4under par. (d) 1. or who is placed under a dispositional order following an order under
5par. (d) 2., shall be periodically reexamined with written reports of those
6reexaminations to be submitted to the court every 3 months and within 30 days
7before the expiration of the juvenile's commitment or dispositional order. Each
8report shall indicate one of the following:
SB82-SSA1,233
9Section
233. 938.31 (2) of the statutes is amended to read:
SB82-SSA1,75,1810
938.31
(2) Hearing to the court; procedures. The hearing shall be to the court.
11If the hearing involves a child victim, as defined in s. 938.02 (20m) (a) 1., or a child
12witness, as defined in s. 950.02 (5), the court may order that a deposition be taken
13by audiovisual means and allow the use of a recorded deposition under s.
967.04 (7)
14to (10) and, with the district attorney, shall comply with s. 971.105 967.22. At the
15conclusion of the hearing, the court shall make a determination of the facts. If the
16court finds that the juvenile is not within the jurisdiction of the court or the court
17finds that the facts alleged in the petition or citation have not been proved, the court
18shall dismiss the petition or citation with prejudice.