SB82-SSA1,81,1918
941.29
(3) Any firearm involved in an offense under this section is subject to
19s.
968.20 (3) 175.27 (1).
SB82-SSA1,259
20Section
259. 943.245 (3m) of the statutes is amended to read:
SB82-SSA1,81,2521
943.245
(3m) Any recovery under this section shall be reduced by the amount
22recovered as restitution for the same act under ss. 800.093 and 973.20 or as
23recompense under s.
969.13 969.42 (5) (a) for the same act and by any amount
24collected in connection with the act and paid to the plaintiff under a deferred
25prosecution agreement under s. 971.41.
SB82-SSA1,260
1Section
260. 943.51 (3r) of the statutes is amended to read:
SB82-SSA1,82,42
943.51
(3r) Any recovery under this section shall be reduced by the amount
3recovered as restitution for the same act under ss. 800.093 and 973.20 or as
4recompense under s.
969.13 969.42 (5) (a) for the same act.
SB82-SSA1,261
5Section
261. 946.49 (1) (intro.) of the statutes is amended to read:
SB82-SSA1,82,76
946.49
(1) (intro.) Whoever, having been released from custody under
s. 974.09
7or ch. 969, intentionally fails to comply with the terms of his or her bond is:
SB82-SSA1,262
8Section
262. 946.49 (2) of the statutes is amended to read:
SB82-SSA1,82,119
946.49
(2) A witness for whom
bail has been required conditions of release have
10been set under s.
969.01 (3) 969.52 is guilty of a Class I felony for failure to appear
11as provided.
SB82-SSA1,82,17
14946.52 Failure to submit biological specimen. Whoever intentionally fails
15to comply with a requirement to submit a biological specimen under s. 165.76, 165.84
16(7), 938.21 (1m), 938.30 (2m), 938.34 (15),
970.02 (8) 971.028 (7), 973.047, or 980.063
17is guilty of a Class A misdemeanor.
SB82-SSA1,264
18Section
264. 946.60 (1) of the statutes is amended to read:
SB82-SSA1,82,2419
946.60
(1) Whoever intentionally destroys, alters, mutilates, conceals,
20removes, withholds
, or transfers possession of a document
or other object, knowing
21that
a subpoena has been issued for the document
has been subpoenaed or other
22object by a court
or, by or at the request of a district attorney or the attorney general,
23or by an attorney of record in a criminal case or a case under ch. 938 or 980, is guilty
24of a Class I felony.
SB82-SSA1,265
25Section
265. 946.86 (2) of the statutes is amended to read:
SB82-SSA1,83,6
1946.86
(2) Any criminal complaint alleging violation of s. 946.83 or 946.85 shall
2allege the extent of property subject to forfeiture under this section. At trial, the trier
3of fact shall return a special verdict determining the extent of property, if any, to be
4subject to forfeiture under this section. When a special verdict contains a finding of
5property subject to a forfeiture under this section, a judgment of criminal forfeiture
6shall be entered along with the judgment of conviction under s.
972.13 972.28.
SB82-SSA1,266
7Section
266. 946.87 (2) (am) of the statutes is amended to read:
SB82-SSA1,83,158
946.87
(2) (am) Notwithstanding par. (a), property described in par. (a) is
9subject to forfeiture if the person who violated s. 946.83 or 946.85 has not been
10convicted, but he or she is a defendant in a criminal proceeding, is released, pending
11trial, on
bail, as defined in s. 969.001 conditions under ch. 969, and fails to appear
12in court regarding the criminal proceeding. However, before making the final
13determination of any action under this section, the court must determine that the
14party bringing the action can prove the person committed the violation of s. 946.83
15or 946.85.
SB82-SSA1,267
16Section
267. 948.015 (9) of the statutes is amended to read:
SB82-SSA1,83,1917
948.015
(9) A crime that involves an act of domestic abuse, as defined in s.
18968.075 969.27 (1) (a), if the court includes in its reasoning under s. 973.017 (10m)
19for its sentencing decision the aggravating factor under s. 973.017 (6m).
SB82-SSA1,268
20Section
268. 948.31 (5) of the statutes is amended to read:
SB82-SSA1,83,2221
948.31
(5) The venue of an action under this section is prescribed in s.
971.19 22970.14 (8).
SB82-SSA1,269
23Section
269. 948.50 (5) of the statutes is amended to read:
SB82-SSA1,83,2524
948.50
(5) This section does not apply to any law enforcement officer
25conducting a strip search under s.
968.255 968.585.
SB82-SSA1,270
1Section
270. 949.165 (1) (a) of the statutes is amended to read:
SB82-SSA1,84,42
949.165
(1) (a) "Serious crime" has the meaning designated in s.
969.08 (10) 3969.51 (7) (b) and includes solicitation, conspiracy or attempt to commit a serious
4crime.
SB82-SSA1,271
5Section
271. 949.165 (9) of the statutes is amended to read:
SB82-SSA1,84,96
949.165
(9) Interpleader. If a court determines that a person accused of a
7serious crime is incompetent to proceed under s.
971.14 971.81 or if the charges are
8dismissed without prejudice, the department shall bring an action of interpleader to
9determine the disposition of the escrow account.
SB82-SSA1,272
10Section
272. 950.04 (1v) (d) of the statutes is amended to read:
SB82-SSA1,84,1311
950.04
(1v) (d) To request an order for, and to be given the results of, testing
12to determine the presence of a communicable disease, as provided under
ss. s. 13938.296 or
968.38 968.725.
SB82-SSA1,273
14Section
273. 950.04 (1v) (dL) of the statutes is amended to read:
SB82-SSA1,84,1915
950.04
(1v) (dL) To not be the subject of a law enforcement officer's or district
16attorney's order, request, or suggestion that he or she submit to a test using a lie
17detector, as defined in s. 111.37 (1) (b), if he or she claims to have been the victim of
18a sexual assault under s. 940.22 (2), 940.225, 948.02 (1) or (2), or 948.085, except as
19permitted under s.
968.265 968.595.
SB82-SSA1,274
20Section
274
. 950.04 (1v) (do) of the statutes is amended to read:
SB82-SSA1,84,2421
950.04
(1v) (do) To be informed about the process by which he or she may file
22a complaint under s.
968.02 or 968.26 968.105 (2) and about the process of an inquest
23under s.
979.05 968.025 if he or she is the victim of an officer-involved death, as
24defined in s. 175.47 (1) (c).
SB82-SSA1,275
25Section
275. 950.04 (1v) (e) of the statutes is amended to read:
SB82-SSA1,85,2
1950.04
(1v) (e) To be provided a waiting area under ss. 938.2965 and
967.10 2967.23.
SB82-SSA1,276
3Section
276. 950.04 (1v) (em) of the statutes is amended to read:
SB82-SSA1,85,74
950.04
(1v) (em) To have his or her interests considered by the court in
5determining whether to exclude persons from a preliminary
examination, as
6provided under s. 971.042 (4), or a probable cause or retention hearing
concerning
7a juvenile, as provided under s.
970.03 (4)
971.75.
SB82-SSA1,277
8Section
277. 950.04 (1v) (er) of the statutes is amended to read:
SB82-SSA1,85,119
950.04
(1v) (er) To not be compelled to submit to a pretrial interview or
10deposition by a defendant or his or her attorney as provided under s.
971.23 971.43 11(6c).
SB82-SSA1,278
12Section
278. 950.04 (1v) (g) of the statutes is amended to read:
SB82-SSA1,85,1513
950.04
(1v) (g) To have reasonable attempts made to notify the victim of
14hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
15938.27 (4m) and (6), 938.273 (2), 971.095 (3)
, and
972.14 973.003 (3) (b).
SB82-SSA1,279
16Section
279. 950.04 (1v) (L) of the statutes is amended to read:
SB82-SSA1,85,2017
950.04
(1v) (L) To have the district attorney or corporation counsel, whichever
18is applicable, make a reasonable attempt to contact the victim concerning the
19victim's right to make a statement, as provided under ss. 938.32 (1) (b) 2., 938.335
20(3m) (b) and
972.14 973.003 (3) (b).
SB82-SSA1,280
21Section
280. 950.04 (1v) (m) of the statutes is amended to read:
SB82-SSA1,85,2422
950.04
(1v) (m) To provide statements concerning sentencing, disposition, or
23parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and
24972.14 973.003 (3) (a).
SB82-SSA1,281
25Section
281. 950.04 (1v) (p) of the statutes is amended to read:
SB82-SSA1,86,5
1950.04
(1v) (p) To have the person preparing a presentence investigation under
2s.
972.15 973.004 make a reasonable attempt to contact the victim, as provided in s.
3972.15 973.004 (2m), and to view the sentence recommendation and any victim
4information included on the presentence investigation report, as provided in s.
5972.15 973.004 (4m).
SB82-SSA1,282
6Section
282. 950.04 (1v) (pd) of the statutes is amended to read:
SB82-SSA1,86,97
950.04
(1v) (pd) Subject to the limits set forth in s.
972.15 973.004 (4r), to view
8portions of a presentence investigation report prepared under s.
972.15 973.004 that
9relate to the crime upon the victim.
SB82-SSA1,283
10Section
283. 950.04 (1v) (qm) of the statutes is amended to read:
SB82-SSA1,86,1111
950.04
(1v) (qm) To recompense as provided under s.
969.13 969.42 (5) (a).
SB82-SSA1,284
12Section
284. 950.04 (1v) (s) of the statutes is amended to read:
SB82-SSA1,86,1813
950.04
(1v) (s) To have any stolen or other personal property expeditiously
14returned by law enforcement agencies when no longer needed as evidence, subject
15to s.
968.205 968.645. If feasible, all such property, except weapons, currency,
16contraband, property subject to evidentiary analysis, property subject to
17preservation under s.
968.205 968.645, and property the ownership of which is
18disputed, shall be returned to the person within 10 days of being taken.
SB82-SSA1,285
19Section
285. 950.04 (1v) (um) of the statutes is amended to read:
SB82-SSA1,86,2220
950.04
(1v) (um) To have district attorneys make a reasonable attempt to notify
21the victim under s.
971.17 971.85 (4m) regarding conditional releases under s.
971.17 22971.85.
SB82-SSA1,286
23Section
286. 950.04 (1v) (x) of the statutes is amended to read:
SB82-SSA1,87,224
950.04
(1v) (x) To have the department of health services make a reasonable
25attempt to notify the victim under s.
971.17
971.85 (6m) regarding termination or
1discharge under s.
971.17 971.85 and under s. 51.37 (10) regarding home visits under
2s. 51.37 (10).
SB82-SSA1,287
3Section
287. 950.04 (2w) (f) of the statutes is amended to read:
SB82-SSA1,87,54
950.04
(2w) (f) To be provided a waiting area under ss. 938.2965 and
967.10 5967.23.
SB82-SSA1,288
6Section
288. 950.055 (2) (b) of the statutes is amended to read:
SB82-SSA1,87,117
950.055
(2) (b) Advice to the judge, when appropriate and as a friend of the
8court, regarding the child's ability to understand proceedings and questions. The
9services may include providing assistance in determinations concerning the taking
10of depositions by audiovisual means under s. 908.08 or
967.04 (7) and (8) 967.22 and
11the duty to expedite proceedings under
s. ss. 938.315 (2) and 971.105.
SB82-SSA1,289
12Section
289. 950.08 (2g) (c) of the statutes is amended to read:
SB82-SSA1,87,1913
950.08
(2g) (c) The address and telephone number of the intake worker,
14corporation counsel
, or district attorney whom the victim may contact to obtain
15information concerning the rights of victims and to request notice of court
16proceedings under ss. 938.27 (4m) and (6), 938.273 (2), 938.299 (1) (am) and 938.335
17(3m) (b) or ss. 971.095 (3) and
972.14 973.003 (3) (b), whichever is applicable, and to
18request the opportunity to confer under
ss. s. 938.245 (1m), 938.265
, or 938.32 (1)
19(am) or s. 971.095 (2), whichever is applicable.
SB82-SSA1,290
20Section
290. 950.08 (2g) (e) of the statutes is amended to read:
SB82-SSA1,87,2421
950.08
(2g) (e) The address and telephone number of the custodial agency that
22the victim may contact for information concerning release under s. 938.20
or, 938.21
,
23or 974.09 or ch. 969, whichever is appropriate, of a person arrested or taken into
24custody for the crime of which he or she is a victim.
SB82-SSA1,291
25Section
291
. 950.08 (2g) (h) of the statutes is amended to read:
SB82-SSA1,88,4
1950.08
(2g) (h) If the victim is a victim of an officer-involved death, as defined
2in s. 175.47 (1) (c), information about the process by which he or she may file a
3complaint under s.
968.02 or 968.26 968.105 (2) and about the process of an inquest
4under s.
979.05 968.025.
SB82-SSA1,292
5Section
292. 950.08 (2r) (intro.) of the statutes is amended to read:
SB82-SSA1,88,126
950.08
(2r) Information to be provided by a district attorney in criminal
7cases. (intro.) As soon as practicable, but in no event later than 10 days after the
8initial appearance under s.
970.01 971.015 or 24 hours before a preliminary
9examination under s.
970.03 971.042, whichever is earlier, of a person charged with
10a crime in a court of criminal jurisdiction, a district attorney shall make a reasonable
11attempt to provide to each victim of the crime written information on all of the
12following:
SB82-SSA1,293
13Section
293. 950.08 (2w) of the statutes is amended to read:
SB82-SSA1,88,2314
950.08
(2w) Information to be provided by district attorneys to schools in
15criminal cases. If a criminal complaint is issued under s.
968.02 970.08 or if a
16petition for waiver is granted pursuant to s. 938.18, and the district attorney
17reasonably believes the person charged is a pupil enrolled in a school district, a
18private school, or a charter school established pursuant to 118.40 (2r), the district
19attorney shall make a reasonable attempt to notify the school board, governing body
20of the private school, as defined in s. 115.001 (3d), or charter school governing body
21of the charges pending against the pupil. The district attorney shall also notify the
22school board, governing body of the private school, or charter school governing body
23of the final disposition of the charges.
SB82-SSA1,294
24Section
294. 951.01 (4) of the statutes is amended to read:
SB82-SSA1,89,2
1951.01
(4) "Law enforcement officer" has the meaning assigned under s.
967.02
2(5) 967.025 (13) but does not include a conservation warden appointed under s. 23.10.
SB82-SSA1,295
3Section
295. 961.48 (2m) (a) of the statutes is amended to read:
SB82-SSA1,89,114
961.48
(2m) (a) Whenever a person charged with a felony offense under this
5chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
6not subject to an enhanced penalty under sub. (1) unless any applicable prior
7convictions are alleged in the complaint, indictment
, or information or in an
8amended complaint, indictment
, or information that is filed under par. (b) 1. A
9person is not subject to an enhanced penalty under sub. (1) for an offense if an
10allegation of applicable prior convictions is withdrawn by an amended complaint
11indictment, or information filed under par. (b) 2.
SB82-SSA1,296
12Section
296. 961.48 (2m) (b) (intro.) of the statutes is amended to read:
SB82-SSA1,89,1613
961.48
(2m) (b) (intro.) Notwithstanding s.
971.29 970.09 (1), at any time before
14entry of a guilty or no contest plea or the commencement of a trial, a district attorney
15may file without leave of the court an amended complaint, information
, or indictment
16that does any of the following:
SB82-SSA1,297
17Section
297. 967.01 of the statutes is amended to read:
SB82-SSA1,89,22
18967.01 Title and effective date. Chapters 967 to 979 may be referred to as
19the criminal procedure code and shall be interpreted as a unit. Chapters 967 to 979
20shall govern all criminal proceedings
and is effective on July 1, 1970. Chapters 967
21to 979 apply in all prosecutions commenced on or after that date. Prosecutions
22commenced prior to July 1, 1970, shall be governed by the law existing prior thereto.
SB82-SSA1,298
23Section
298. 967.02 (title) of the statutes is repealed.
SB82-SSA1,299
24Section
299. 967.02 (intro.) of the statutes is renumbered 967.025 (intro.).
SB82-SSA1,300
1Section
300. 967.02 (1) of the statutes is renumbered 967.025 (4) and amended
2to read:
SB82-SSA1,90,43
967.025
(4) "Clerk" means the clerk of
circuit court of the county
including and
4includes the clerk's deputies.
SB82-SSA1,301
5Section
301. 967.02 (2) of the statutes is renumbered 967.025 (9) and amended
6to read:
SB82-SSA1,90,87
967.025
(9) "Department" means the department of corrections, except as
8provided in ss.
971.14 971.81 and 975.001.
SB82-SSA1,302
9Section
302. 967.02 (3) and (4) of the statutes are repealed.
SB82-SSA1,303
10Section
303. 967.02 (5) of the statutes is renumbered 967.025 (13).
SB82-SSA1,304
11Section
304. 967.02 (6) of the statutes is renumbered 967.025 (12) and
12amended to read:
SB82-SSA1,90,1413
967.025
(12) "Judge" means judge of
a the court
of record
and includes a court
14commissioner acting within the scope of authority conferred under s. 757.69.