Amendment SSA1-SB82

SB82-SSA1,284 Section 284. 950.04 (1v) (s) of the statutes is amended to read:

SB82-SSA1,86,18 950.04 (1v) (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence, subject to s. 968.205 968.645. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205 968.645, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.

SB82-SSA1,285 Section 285. 950.04 (1v) (um) of the statutes is amended to read:

SB82-SSA1,86,22 950.04 (1v) (um) To have district attorneys make a reasonable attempt to notify the victim under s. 971.17 971.85 (4m) regarding conditional releases under s. 971.17 971.85.

SB82-SSA1,286 Section 286. 950.04 (1v) (x) of the statutes is amended to read:

SB82-SSA1,87,2 950.04 (1v) (x) To have the department of health services make a reasonable attempt to notify the victim under s. 971.17 971.85 (6m) regarding termination or discharge under s. 971.17 971.85 and under s. 51.37 (10) regarding home visits under s. 51.37 (10).

SB82-SSA1,287 Section 287. 950.04 (2w) (f) of the statutes is amended to read:

SB82-SSA1,87,5 950.04 (2w) (f) To be provided a waiting area under ss. 938.2965 and 967.10 967.23.

SB82-SSA1,288 Section 288. 950.055 (2) (b) of the statutes is amended to read:

SB82-SSA1,87,11 950.055 (2) (b) Advice to the judge, when appropriate and as a friend of the court, regarding the child's ability to understand proceedings and questions. The services may include providing assistance in determinations concerning the taking of depositions by audiovisual means under s. 908.08 or 967.04 (7) and (8) 967.22 and the duty to expedite proceedings under s. ss. 938.315 (2) and 971.105.

SB82-SSA1,289 Section 289. 950.08 (2g) (c) of the statutes is amended to read:

SB82-SSA1,87,19 950.08 (2g) (c) The address and telephone number of the intake worker, corporation counsel, or district attorney whom the victim may contact to obtain information concerning the rights of victims and to request notice of court proceedings under ss. 938.27 (4m) and (6), 938.273 (2), 938.299 (1) (am) and 938.335 (3m) (b) or ss. 971.095 (3) and 972.14 973.003 (3) (b), whichever is applicable, and to request the opportunity to confer under ss. s. 938.245 (1m), 938.265, or 938.32 (1) (am) or s. 971.095 (2), whichever is applicable.

SB82-SSA1,290 Section 290. 950.08 (2g) (e) of the statutes is amended to read:

SB82-SSA1,87,24 950.08 (2g) (e) The address and telephone number of the custodial agency that the victim may contact for information concerning release under s. 938.20 or, 938.21, or 974.09 or ch. 969, whichever is appropriate, of a person arrested or taken into custody for the crime of which he or she is a victim.

SB82-SSA1,291 Section 291 . 950.08 (2g) (h) of the statutes is amended to read:

SB82-SSA1,88,4 950.08 (2g) (h) If the victim is a victim of an officer-involved death, as defined in s. 175.47 (1) (c), information about the process by which he or she may file a complaint under s. 968.02 or 968.26 968.105 (2) and about the process of an inquest under s. 979.05 968.025.

SB82-SSA1,292 Section 292. 950.08 (2r) (intro.) of the statutes is amended to read:

SB82-SSA1,88,12 950.08 (2r) Information to be provided by a district attorney in criminal cases. (intro.) As soon as practicable, but in no event later than 10 days after the initial appearance under s. 970.01 971.015 or 24 hours before a preliminary examination under s. 970.03 971.042, whichever is earlier, of a person charged with a crime in a court of criminal jurisdiction, a district attorney shall make a reasonable attempt to provide to each victim of the crime written information on all of the following:

SB82-SSA1,293 Section 293. 950.08 (2w) of the statutes is amended to read:

SB82-SSA1,88,23 950.08 (2w) Information to be provided by district attorneys to schools in criminal cases. If a criminal complaint is issued under s. 968.02 970.08 or if a petition for waiver is granted pursuant to s. 938.18, and the district attorney reasonably believes the person charged is a pupil enrolled in a school district, a private school, or a charter school established pursuant to 118.40 (2r), the district attorney shall make a reasonable attempt to notify the school board, governing body of the private school, as defined in s. 115.001 (3d), or charter school governing body of the charges pending against the pupil. The district attorney shall also notify the school board, governing body of the private school, or charter school governing body of the final disposition of the charges.

SB82-SSA1,294 Section 294. 951.01 (4) of the statutes is amended to read:

SB82-SSA1,89,2 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5) 967.025 (13) but does not include a conservation warden appointed under s. 23.10.

SB82-SSA1,295 Section 295. 961.48 (2m) (a) of the statutes is amended to read:

SB82-SSA1,89,11 961.48 (2m) (a) Whenever a person charged with a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) unless any applicable prior convictions are alleged in the complaint, indictment, or information or in an amended complaint, indictment, or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint indictment, or information filed under par. (b) 2.

SB82-SSA1,296 Section 296. 961.48 (2m) (b) (intro.) of the statutes is amended to read:

SB82-SSA1,89,16 961.48 (2m) (b) (intro.) Notwithstanding s. 971.29 970.09 (1), at any time before entry of a guilty or no contest plea or the commencement of a trial, a district attorney may file without leave of the court an amended complaint, information , or indictment that does any of the following:

SB82-SSA1,297 Section 297. 967.01 of the statutes is amended to read:

SB82-SSA1,89,22 967.01 Title and effective date. Chapters 967 to 979 may be referred to as the criminal procedure code and shall be interpreted as a unit. Chapters 967 to 979 shall govern all criminal proceedings and is effective on July 1, 1970. Chapters 967 to 979 apply in all prosecutions commenced on or after that date. Prosecutions commenced prior to July 1, 1970, shall be governed by the law existing prior thereto.

SB82-SSA1,298 Section 298. 967.02 (title) of the statutes is repealed.

SB82-SSA1,299 Section 299. 967.02 (intro.) of the statutes is renumbered 967.025 (intro.).

SB82-SSA1,300 Section 300. 967.02 (1) of the statutes is renumbered 967.025 (4) and amended to read:

SB82-SSA1,90,4 967.025 (4) "Clerk" means the clerk of circuit court of the county including and includes the clerk's deputies.

SB82-SSA1,301 Section 301. 967.02 (2) of the statutes is renumbered 967.025 (9) and amended to read:

SB82-SSA1,90,8 967.025 (9) "Department" means the department of corrections, except as provided in ss. 971.14 971.81 and 975.001.

SB82-SSA1,302 Section 302. 967.02 (3) and (4) of the statutes are repealed.

SB82-SSA1,303 Section 303. 967.02 (5) of the statutes is renumbered 967.025 (13).

SB82-SSA1,304 Section 304. 967.02 (6) of the statutes is renumbered 967.025 (12) and amended to read:

SB82-SSA1,90,14 967.025 (12) "Judge" means judge of a the court of record and includes a court commissioner acting within the scope of authority conferred under s. 757.69.

SB82-SSA1,305 Section 305. 967.02 (7) of the statutes is renumbered 967.025 (6) and amended to read:

SB82-SSA1,90,19 967.025 (6) "Court" means the circuit court unless otherwise indicated and includes a court commissioner acting within the scope of authority conferred under s. 757.69.

SB82-SSA1,306 Section 306. 967.02 (8) of the statutes is repealed.

SB82-SSA1,307 Section 307. 967.025 (title) of the statutes is created to read:

SB82-SSA1,90,22 967.025 (title) Definitions.

SB82-SSA1,308 Section 308. 967.025 (2) of the statutes is created to read:

SB82-SSA1,90,25 967.025 (2) "Bond" means a promise by a person in custody to appear in court as required and to comply with other conditions.

SB82-SSA1,309 Section 309. 967.025 (3) of the statutes is created to read:

SB82-SSA1,91,3 967.025 (3) "Citation" means a directive, issued by a law enforcement officer, that a person appear in court or the district attorney's office.

SB82-SSA1,310 Section 310. 967.025 (5) of the statutes is created to read:

SB82-SSA1,91,8 967.025 (5) "Complaint" or "criminal complaint" means the written statement of the essential facts constituting the crime charged that is issued by a district attorney. "Complaint" or "criminal complaint" includes a citation endorsed by a district attorney under s. 969.24 (5).

SB82-SSA1,311 Section 311. 967.025 (7) of the statutes is created to read:

SB82-SSA1,91,12 967.025 (7) "Crime" means conduct that is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture is not a crime.

SB82-SSA1,312 Section 312. 967.025 (8) of the statutes is created to read:

SB82-SSA1,91,15 967.025 (8) "Crime considered at sentencing" means any crime for which the defendant was convicted and any read-in crime.

SB82-SSA1,313 Section 313. 967.025 (10) of the statutes is created to read:

SB82-SSA1,91,20 967.025 (10) "District attorney" includes any duly qualified deputies and assistants and includes a special prosecutor under s. 978.045, a person assisting under s. 978.05 (8) (b), and the attorney general in cases in which he or she is authorized to investigate or prosecute.

SB82-SSA1,314 Section 314. 967.025 (11) of the statutes is created to read:

SB82-SSA1,92,2 967.025 (11) "Felony" means a crime punishable by imprisonment in the Wisconsin state prisons, but does not include a crime that is punishable by imprisonment in prison only as a result of the application of a penalty increase provision that does not specifically provide that application of the penalty increase makes the crime a felony.

SB82-SSA1,315 Section 315. 967.025 (14) of the statutes is created to read:

SB82-SSA1,92,4 967.025 (14) "Misdemeanor" means a crime other than a felony.

SB82-SSA1,316 Section 316. 967.025 (15) of the statutes is created to read:

SB82-SSA1,92,6 967.025 (15) "Motion" means an application for an order.

SB82-SSA1,317 Section 317. 967.025 (16) of the statutes is created to read:

SB82-SSA1,92,11 967.025 (16) "Read-in crime" means any crime that is uncharged or that is dismissed as part of a plea agreement, that the defendant agrees to have considered by the court at the time of sentencing, and that the court considers at the time of sentencing the defendant for the crime for which the defendant was convicted.

SB82-SSA1,318 Section 318. 967.025 (17) of the statutes is created to read:

SB82-SSA1,92,14 967.025 (17) "Sentencing" means the imposition of a sentence, fine, or probation.

SB82-SSA1,319 Section 319. 967.03 of the statutes is repealed.

SB82-SSA1,320 Section 320. 967.04 (title), (1), (2), (3), (4), (5) and (6) of the statutes are renumbered 967.21 (title), (1), (2), (3), (4), (5) and (6), and 967.21 (title), (1) and (4) (a), as renumbered, are amended to read:

SB82-SSA1,93,5 967.21 (title) Depositions in criminal proceedings generally. (1) Circumstance under which permitted. If it appears that a prospective witness may be unable to attend or prevented from attending a criminal trial or hearing, that the prospective witness's testimony is material and that it is necessary to take the prospective witness's deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment or information may upon motion and notice to the parties order that the prospective witness's testimony be taken by deposition and that any designated books, papers, documents, or tangible objects, not privileged, be produced at the same time and place. If a witness is committed pursuant to s. 969.01 (3) 969.52, the court shall direct that the witness's deposition be taken upon notice to the parties. After the deposition has been subscribed, the court shall discharge the witness.

SB82-SSA1,93,11 (4) (a) If the state or a witness procures such an order under sub. (1), the notice shall inform the defendant that the defendant is required to personally attend at the taking of the deposition and that the defendant's failure so to do is a waiver of the defendant's right to face the witness whose deposition is to be taken. Failure to attend shall constitute a waiver unless the defendant was physically unable to attend.

SB82-SSA1,321 Section 321. 967.04 (7) (a) of the statutes is renumbered 967.22 (1) and amended to read:

SB82-SSA1,93,19 967.22 (1) Circumstance under which permitted. In any criminal prosecution or any proceeding under ch. 48 or 938, any party may move the court to order that a deposition of a child who has been or is likely to be called as a witness be taken by audiovisual means. Upon notice and hearing, the court may issue an order for such a deposition if the trial or hearing in which the child may be called will commence before one of the following:

SB82-SSA1,93,20 (a) Prior to the The child's 12th birthday; or.

SB82-SSA1,93,23 (b) Prior to the The child's 16th birthday and if the court finds under sub. (2) that the interests of justice warrant that the child's testimony be prerecorded for use at the trial or hearing under par. (b).

SB82-SSA1,322 Section 322. 967.04 (7) (b) of the statutes is renumbered 967.22 (2), and 967.22 (2) (intro.), (a), (c), (f) and (g), as renumbered, are amended to read:

SB82-SSA1,94,3 967.22 (2) Determining interests of justice. (intro.) Among the factors which that the court may consider in determining the interests of justice are any of the following:

SB82-SSA1,94,6 (a) The child's chronological age, level of development and capacity to comprehend the significance of the events about which the child will testify and to verbalize about them.

SB82-SSA1,94,11 (c) Whether the events about which the child will testify constituted criminal or antisocial conduct against the child or a person with whom the child had a close emotional relationship and, if the conduct constituted a battery or a sexual assault, its duration and the extent of physical or emotional injury thereby caused by the battery or sexual assault.

SB82-SSA1,94,13 (f) The child's behavior at or reaction to previous interviews concerning the events involved about which the child will testify.

SB82-SSA1,94,19 (g) Whether the child blames himself or herself for the events involved about which the child will testify or has ever been told by any person not to disclose them; whether the child's prior reports to associates or authorities of the events have been disbelieved or not acted upon; and the child's subjective belief regarding what consequences to himself or herself, or persons with whom the child has a close emotional relationship, will ensue from providing testimony.

SB82-SSA1,323 Section 323. 967.04 (8) of the statutes is renumbered 967.22 (3), and 967.22 (3) (a) and (b) (intro.) and 4., as renumbered, are amended to read:

SB82-SSA1,95,5 967.22 (3) Procedures. (a) If the court orders a deposition under sub. (7) (1), the judge shall preside at the taking of the deposition and enforce compliance with the applicable provisions of ss. 885.44 to 885.47. Notwithstanding s. 885.44 (5), counsel may make objections and the judge shall make rulings thereon as at trial. The clerk of court shall keep the certified original recording of a deposition taken under sub. (7) (1) in a secure place. No person may inspect or copy the deposition except by order of the court upon a showing that inspection or copying is required for editing under s. 885.44 (12) or for the investigation, prosecution , or defense of the action in which it was authorized or the provision of services to the child.

SB82-SSA1,95,7 (b) (intro.) If the court orders that a deposition be taken by audiovisual means under sub. (7) (1), the court shall do all of the following:

SB82-SSA1,95,12 4. Determine that the child understands that it is wrong to tell a lie and will testify truthfully if If the child's developmental level or verbal skills are such that administration of an oath or affirmation in the usual form would be inappropriate, determine that the child understands that it is wrong to tell a lie and will testify truthfully.

SB82-SSA1,324 Section 324. 967.04 (9) of the statutes is renumbered 967.22 (4) and amended to read:

SB82-SSA1,95,23 967.22 (4) Use at trial, hearing, or other proceeding. In any criminal prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may admit into evidence a recorded deposition taken under subs. (7) and (8) this section without an additional hearing under s. 908.08. In any proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order that a deposition be taken by audiovisual means and preside at the taking of the deposition using the procedure provided in subs. (7) and (8) this section and may admit the recorded deposition into evidence without an additional hearing under s. 908.08.

SB82-SSA1,325 Section 325. 967.04 (10) of the statutes is renumbered 967.22 (5) and amended to read:

SB82-SSA1,96,8 967.22 (5) Subsequent testimony. If a court or hearing examiner admits a recorded deposition into evidence under sub. (9) (4), the child may not be called as a witness at the proceeding in which it was admitted unless the court or hearing examiner so orders upon a showing that additional testimony by the child is required in the interest of fairness for reasons neither known nor with reasonable diligence discoverable at the time of the deposition by the party seeking to call the child. The testimony of a child who is required to testify under this subsection may be taken in accordance with s. 972.11 (2m) 972.20, if applicable.

SB82-SSA1,326 Section 326. 967.05 of the statutes is renumbered 970.06, and 970.06 (title) and (1) (intro.), (a) and (b), as renumbered, are amended to read:

SB82-SSA1,96,12 970.06 (title) Methods of commencing prosecution. (1) (intro.) A prosecution may be commenced by the filing of any of the following: