SB82-SSA1,337
12Section
337. 967.08 (2) (a) to (d) of the statutes are renumbered 967.14 (1) (a)
13to (d) and amended to read:
SB82-SSA1,100,1514
967.14
(1) (a) Initial appearance under
s. 970.01 subch. I of ch. 971 or pretrial
15conference.
SB82-SSA1,100,1616
(b) Waiver of preliminary examination under s.
970.03, 971.042.
SB82-SSA1,100,17
17(e) Waiver of a competency hearing under s.
971.14 (4) or 971.81 (4).
SB82-SSA1,100,18
18(f) Waiver of a jury trial under s.
972.02 (1) 972.005.
SB82-SSA1,100,1919
(c) Motions for extension of time
under ss. 970.03 (2), 971.10 or other statutes.
SB82-SSA1,100,2120
(d) Arraignment under s.
971.05 970.17, if the defendant intends to plead not
21guilty or to refuse to plead.
SB82-SSA1,338
22Section
338. 967.08 (3) (intro.) of the statutes is renumbered 967.14 (1) (g)
23(intro.) and amended to read:
SB82-SSA1,101,224
967.14
(1) (g) (intro.) Non-evidentiary proceedings on the following matters
25may be conducted under sub. (1) on request of either party. The request and the
1opposing party's showing of good cause for not conducting the proceeding under sub.
2(1) may be made by telephone.:
SB82-SSA1,339
3Section
339. 967.08 (3) (a) to (f) of the statutes are renumbered 967.14 (1) (g)
41. to 6. and amended to read:
SB82-SSA1,101,65
967.14
(1) (g) 1. Setting, review
, and modification of
bail and other conditions
6of release under
s. 974.09 or ch. 969.
SB82-SSA1,101,87
2. Motions for severance under s.
971.12 (3)
971.68 (2) or
consolidation joint
8trial of charges under s.
971.12 (4) 971.67.
SB82-SSA1,101,109
3. Motions for testing of physical evidence under s.
971.23 971.43 (5) or for
10protective orders under s.
971.23 971.43 (6).
SB82-SSA1,101,1211
4. Motions
under s. 971.31 directed to the sufficiency of the complaint or the
12affidavits supporting basis for the issuance of a warrant for arrest or search.
SB82-SSA1,101,1313
5. Motions in limine
, including those under s. 972.11 (2) (b).
SB82-SSA1,101,1514
6. Motions
to postpone, including those under s. 971.29 related to scheduling
15under subch. III of ch. 971.
SB82-SSA1,340
16Section
340. 967.09 of the statutes is renumbered 967.14 (6), and 967.14 (6)
17(title), as renumbered, is amended to read:
SB82-SSA1,101,1818
967.14
(6) (title)
Interpreters
may serve by telephone or video.
SB82-SSA1,341
19Section
341. 967.10 of the statutes is renumbered 967.23.
SB82-SSA1,342
20Section
342. 967.11 of the statutes is renumbered 970.16.
SB82-SSA1,343
21Section
343. 967.12 (3) of the statutes is created to read:
SB82-SSA1,101,2322
967.12
(3) If trial is waived, when the court accepts the defendant's plea of
23guilty or no contest.
SB82-SSA1,344
24Section
344. 967.13 (1) (a) and (b) of the statutes are created to read:
SB82-SSA1,101,2525
967.13
(1) (a) The initial appearance.
SB82-SSA1,102,1
1(b) Any proceeding at which a plea is entered or withdrawn.
SB82-SSA1,345
2Section
345. 967.13 (1) (i) of the statutes is created to read:
SB82-SSA1,102,33
967.13
(1) (i) Sentencing.
SB82-SSA1,346
4Section
346. 967.14 (1) (dm) of the statutes is created to read:
SB82-SSA1,102,55
967.14
(1) (dm) Entry of a plea other than one that results in a finding of guilt.
SB82-SSA1,347
6Section
347. 967.14 (2) of the statutes is created to read:
SB82-SSA1,102,87
967.14
(2) Criteria for good cause. In determining good cause under sub. (1),
8the court may consider the criteria under s. 885.56 (1).
SB82-SSA1,348
9Section
348. 967.14 (4) of the statutes is created to read:
SB82-SSA1,102,1210
967.14
(4) Pleas of guilty or no contest and sentencing. If the district
11attorney, the defendant, and defense counsel consent, the court may permit any of
12the following proceedings to be conducted by telephone:
SB82-SSA1,102,1313
(a) A proceeding to accept a plea of guilty or no contest.
SB82-SSA1,102,1414
(b) A sentencing proceeding.
SB82-SSA1,349
15Section
349. 967.21 (2) (title) of the statutes is created to read:
SB82-SSA1,102,1616
967.21
(2) (title)
Procedure.
SB82-SSA1,350
17Section
350. 967.21 (3) (title) of the statutes is created to read:
SB82-SSA1,102,1818
967.21
(3) (title)
Applicability of civil rules.
SB82-SSA1,351
19Section
351. 967.21 (4) (title) of the statutes is created to read:
SB82-SSA1,102,2020
967.21
(4) (title)
Attendance by defendant.
SB82-SSA1,352
21Section
352. 967.21 (5) (title) of the statutes is created to read:
SB82-SSA1,102,2222
967.21
(5) (title)
Use at trial or hearing.
SB82-SSA1,353
23Section
353. 967.21 (6) (title) of the statutes is created to read:
SB82-SSA1,102,2424
967.21
(6) (title)
Objections.
SB82-SSA1,354
25Section
354. 967.22 (title) of the statutes is created to read:
SB82-SSA1,103,1
1967.22 (title)
Deposition of a child by audiovisual means.
SB82-SSA1,355
2Section
355. 968.01 (title) of the statutes is renumbered 970.07 (title) and
3amended to read:
SB82-SSA1,103,4
4970.07 (title)
Complaint; contents and oath.
SB82-SSA1,356
5Section
356. 968.01 (1) (intro.), (a) and (b) of the statutes are renumbered
6970.07 (1) (intro.), (a) and (b).
SB82-SSA1,357
7Section
357. 968.01 (1) (c) of the statutes is repealed.
SB82-SSA1,358
8Section
358. 968.01 (2) of the statutes is renumbered 970.07 (2) and amended
9to read:
SB82-SSA1,103,1410
970.07
(2) The complaint
is
shall include a
written statement of the essential
11facts constituting the
offense crime charged
. A , signed by a person
may make a
12complaint on
whose knowledge, information
, and belief
the statement is based; the
13section of the statutes alleged to have been violated; and the maximum penalty
14prescribed for each crime charged.
SB82-SSA1,103,16
15(3) Except as provided in sub.
(3) or (4)
or (5), the complaint shall be made upon
16oath before a district attorney
or judge as provided in this chapter.
SB82-SSA1,359
17Section
359. 968.01 (3) of the statutes is renumbered 970.07 (4) and amended
18to read:
SB82-SSA1,103,2519
970.07
(4) A person may comply with sub. (2) if he or she makes the oath by
20telephone contact with the district attorney
or judge, signs the statement
, and
21immediately thereafter transmits a
copy facsimile of the signed statement to the
22district attorney
or judge using a facsimile machine. The person shall also transmit
23the original signed statement
, without using a facsimile machine, to the district
24attorney
or judge, who shall file it with the clerk. If the complaint is filed, both the
25original and the
copy facsimile shall be filed under s.
968.02 (2) 970.08.
SB82-SSA1,360
1Section
360. 968.01 (4) of the statutes is renumbered 970.07 (5) and amended
2to read:
SB82-SSA1,104,83
970.07
(5) A person may comply with sub. (2) if he or she makes the oath by
4telephone contact with the district attorney
or judge and immediately thereafter
5electronically transmits the statement, accompanied by the person's electronic
6signature, to the district attorney
or judge. If the complaint is filed, the electronically
7transmitted statement shall be incorporated into a criminal complaint filed in either
8an electronic or paper format under s.
968.02 (2)
970.08.
SB82-SSA1,361
9Section
361. Subchapter I (title) of chapter 968 [precedes 968.015] of the
10statutes is created to read:
SB82-SSA1,104,1312
subchapter I
13
Inquests
SB82-SSA1,362
14Section
362. 968.02 (title) and (1) of the statutes are renumbered 970.08 (title)
15and (1) and amended to read:
SB82-SSA1,104,22
16970.08 (title)
Issuance and filing of complaints Filing the complaint. 17(1) Except as otherwise provided in this section, a complaint charging a person with
18an offense shall be issued only by a Only the district attorney of the county where
19the a crime
is alleged to have been committed. A complaint is issued when it is
20approved for filing by the district attorney. The approval shall be in the form of a
21written endorsement on the complaint may be tried under s. 970.14 may file a
22complaint.
SB82-SSA1,363
23Section
363. 968.02 (2) of the statutes is repealed.
SB82-SSA1,364
24Section
364. 968.02 (3) of the statutes is repealed.
SB82-SSA1,365
25Section
365. 968.02 (4) of the statutes is repealed.
SB82-SSA1,366
1Section
366. 968.025 (title) of the statutes is created to read:
SB82-SSA1,105,2
2968.025 (title)
Inquest procedures.
SB82-SSA1,367
3Section
367. 968.025 (3) of the statutes is created to read:
SB82-SSA1,105,64
968.025
(3) Where conducted. An inquest may be held in any county in this
5state in which venue would lie for the trial of any offense that could be charged as
6the result of or involving the death.
SB82-SSA1,368
7Section
368. 968.025 (4) (title) of the statutes is created to read:
SB82-SSA1,105,88
968.025
(4) (title)
Jury selection.
SB82-SSA1,369
9Section
369. 968.025 (4) (e) of the statutes is created to read:
SB82-SSA1,105,1410
968.025
(4) (e) The court shall select the inquest jury by lot once a panel of at
11least 12 potential jurors has been qualified. If the inquest is likely to be protracted,
12the judge may select also one or more alternate jurors by lot. If more than 6 jurors
13remain after all of the evidence is presented, the court shall determine by lot which
14jurors will not participate in deliberations and discharge them.
SB82-SSA1,370
15Section
370. 968.03 (title) and (3) of the statutes are repealed.
SB82-SSA1,371
16Section
371. 968.03 (1) of the statutes is repealed.
SB82-SSA1,372
17Section
372. 968.03 (2) of the statutes is renumbered 969.20 (8) and amended
18to read:
SB82-SSA1,105,2419
969.20
(8) Withdrawal of warrant or summons and complaint. An unserved
20warrant or summons
and complaint in a case in which an initial appearance has not
21been held shall, at the request of the district attorney, be returned to the
judge who
22may dismiss the action. Such court, and the court shall dismiss the action. The 23request shall be in writing
, it and shall state the reasons
therefor in writing and shall
24be filed with the clerk for which it is made.
SB82-SSA1,373
25Section
373. 968.035 (title) of the statutes is created to read:
SB82-SSA1,106,1
1968.035 (title)
Witnesses.
SB82-SSA1,374
2Section
374. 968.04 (title) of the statutes is renumbered 969.20 (title) and
3amended to read:
SB82-SSA1,106,5
4969.20 (title)
Warrant
Issuance of arrest warrant or summons on
5complaint.
SB82-SSA1,375
6Section
375. 968.04 (1) (intro.) of the statutes is renumbered 969.20 (1) and
7amended to read:
SB82-SSA1,106,208
969.20
(1) Warrants
In general. If
it appears from the complaint, or from an
9affidavit or affidavits filed with the complaint or after an examination under oath of
10the complainant or witnesses, when the a judge determines that
this is necessary,
11that there is probable cause to believe that an offense has been committed and that
12the accused has committed it, the judge shall issue a warrant for the arrest of the
13defendant accused or a summons in lieu thereof.
The probable cause determination
14may be based on a criminal complaint, an affidavit filed with the criminal complaint,
15or if the judge determines it is necessary, after an examination under oath of the
16complainant or witness. The warrant or summons shall be delivered
forthwith to a
17law enforcement officer for service.
If the judge does not find probable cause to
18believe that an offense has been committed or that the accused has committed it, the
19judge shall record that finding on the complaint, file the complaint with the clerk,
20and dismiss the action without prejudice.
SB82-SSA1,376
21Section
376. 968.04 (1) (a) of the statutes is repealed.
SB82-SSA1,377
22Section
377. 968.04 (1) (b) of the statutes is renumbered 969.20 (4) and
23amended to read:
SB82-SSA1,107,524
969.20
(4) Issuance by judge from another county. A
warrant or summons
25may be issued by a judge in another county
may issue a warrant or summons when
1there is no available judge of the county in which the complaint is issued. The
2warrant
or summons shall be returnable
before a judge to a court in the county in
3which the
offense alleged in the complaint was
committed, and the summons shall
4be returnable before the circuit court of the county in which the offense alleged in the
5complaint was committed issued.
SB82-SSA1,378
6Section
378. 968.04 (1) (c) of the statutes is renumbered 969.20 (5) and
7amended to read:
SB82-SSA1,107,98
969.20
(5) Geographical limits. A judge
issuing an arrest warrant may specify
9geographical limits for
its enforcement
of a warrant.