Amendment SSA1-SB82

SB82-SSA1,610 Section 610. 969.33 (1) (L) of the statutes is created to read:

SB82-SSA1,182,4 969.33 (1) (L) The results of a validated risk assessment.

SB82-SSA1,611 Section 611. 969.33 (2) of the statutes is created to read:

SB82-SSA1,182,9 969.33 (2) Rules of evidence do not apply. Information stated in or offered in connection with any order entered under this chapter setting conditions of release need not conform to the rules of evidence, except as provided under s. 901.05 or 969.51.

SB82-SSA1,612 Section 612. 969.33 (3) of the statutes is created to read:

SB82-SSA1,182,15 969.33 (3) Monetary conditions. The court may impose monetary conditions of release only if it finds that there is a reasonable basis to believe that they are necessary to ensure the defendant's appearance in court. In a misdemeanor case the amount of money specified in a monetary condition of release may not exceed the maximum fine provided for the crime charged.

SB82-SSA1,613 Section 613. 969.33 (4) of the statutes is created to read:

SB82-SSA1,182,18 969.33 (4) Mandatory conditions. The following conditions shall be imposed as terms of any bond under s. 969.32 (2) to (4) and shall be printed on the bond:

SB82-SSA1,182,21 (a) The defendant shall appear in the court having jurisdiction on a day certain and thereafter as ordered until discharged on final order of the court and shall submit to the orders and process of the court.

SB82-SSA1,182,23 (b) The defendant shall give written notice to the clerk of any change in his or her address within 48 hours after the change.

SB82-SSA1,182,24 (c) The defendant may not commit any crime.

SB82-SSA1,183,2 (d) The defendant shall not violate, cause any person to violate, or permit any person to violate on the defendant's behalf ss. 940.22 to 940.45.

SB82-SSA1,614 Section 614. 969.33 (5) to (7) of the statutes are created to read:

SB82-SSA1,183,6 969.33 (5) Other conditions. Whenever a defendant is released on bond under s. 969.32 (2) to (4), the court may impose reasonable conditions other than those required under sub. (4), including conditions doing any of the following:

SB82-SSA1,183,8 (a) Prohibiting the defendant from contacting, directly or indirectly, specified persons or going to specified places.

SB82-SSA1,183,9 (b) Prohibiting the defendant from possessing any dangerous weapon.

SB82-SSA1,183,10 (c) Prohibiting the defendant from consuming alcohol beverages.

SB82-SSA1,183,11 (d) Restricting the travel, association, or place of residence of the defendant.

SB82-SSA1,183,13 (e) Requiring that the defendant return to custody after specified hours. The charges authorized by s. 303.08 (4) and (5) do not apply under this paragraph.

SB82-SSA1,183,15 (f) Placing the defendant under the supervision of a designated person or organization agreeing to supervise the defendant.

SB82-SSA1,183,17 (6) Copy of bond to defendant. The court shall provide the defendant a copy of his or her bond.

SB82-SSA1,183,21 (7) Modifying conditions of release. Upon motion by the state or the defendant, the court before which the action is pending may, following a hearing, modify conditions of release or grant release if it has been previously revoked under s. 969.51. Reasonable notice of the hearing shall be given to all parties.

SB82-SSA1,615 Section 615. 969.37 of the statutes is created to read:

SB82-SSA1,184,4 969.37 Return of cash deposit to a 3rd party. A person other than the defendant who has deposited cash to obtain the release of the defendant on a secured appearance bond, may, prior to the entry of a judgment of conviction or a judgment of forfeiture under s. 969.42, apply to the court for an order returning the deposit. After notice to the parties, the court shall hold a hearing at which the defendant must be present. The court shall determine whether to remit the cash deposit in whole or in part and may review and modify the conditions of release.

SB82-SSA1,616 Section 616. 969.38 of the statutes is created to read:

SB82-SSA1,184,6 969.38 Disposition of cash deposits. (1) Deposit applied to fine or costs.

SB82-SSA1,184,8 (b) All secured appearance bonds shall include notice of the requirements of par. (a).

SB82-SSA1,184,12 (2) Return of deposit. If the complaint against the defendant is dismissed or the defendant is acquitted in a case in which a cash deposit has been made on a secured appearance bond, the entire sum deposited shall be returned. A deposit by a surety shall be returned to the person who made the deposit.

SB82-SSA1,184,14 (3) Forfeiture exception. Subsections (1) (a) and (2) do not apply if a cash deposit is forfeited under s. 969.42.

SB82-SSA1,617 Section 617. 969.41 of the statutes is created to read:

SB82-SSA1,184,20 969.41 Discharge of surety. When a surety desires to be discharged from the obligations of his or her bond, he or she may apply to the court for an order to that effect. After notice to the parties, the court shall hold a hearing at which the defendant must be present. The court shall determine whether to discharge the surety and may review and modify the conditions of release.

SB82-SSA1,618 Section 618. Subchapter III (title) of chapter 969 [precedes 969.50] of the statutes is created to read:

SB82-SSA1,184,23 chapter 969

SB82-SSA1,184,24 subchapter iii

SB82-SSA1,185,3 enforcement of appearance requirements and conditions of release

SB82-SSA1,619 Section 619. 969.50 (2) and (3) of the statutes are created to read:

SB82-SSA1,185,6 969.50 (2) A court issuing a bench warrant under this section may specify monetary conditions of release on the warrant.

SB82-SSA1,185,9 (3) If monetary conditions of release are not specified on the bench warrant, a defendant or witness arrested pursuant to the warrant is not eligible for release before appearing in court.

SB82-SSA1,620 Section 620. Chapter 970 (title) of the statutes is repealed and recreated to read:

SB82-SSA1,185,13 CHAPTER 970 commencement of prosecution

SB82-SSA1,621 Section 621. 970.01 (title) of the statutes is repealed.

SB82-SSA1,622 Section 622. 970.01 (1) of the statutes is renumbered 971.015 (1) (a) and amended to read:

SB82-SSA1,185,24 971.015 (1) (a) Any Except as provided in par. (b), any person who is arrested and not sooner released from custody shall be taken within a reasonable time before a judge in brought before the court for the county in which the offense was alleged to have been committed. The may be tried under s. 970.14 for an initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. If the within a reasonable time after the day of arrest. In no event shall an arrested person be held for more than 96 hours, including weekends and holidays, without a court determination regarding conditions of release under s. 969.33.

SB82-SSA1,186,8 (3) Telephone proceedings. When an initial appearance is conducted by telephone or live audiovisual means under s. 967.14 or video conferencing under subch. III of ch. 885, the person may waive physical appearance. Waiver of physical appearance shall be placed on the record of the initial appearance and does not waive other grounds for challenging the court's personal jurisdiction. If the person does not waive physical appearance, conducting the initial appearance by telephone or live audiovisual means under s. 967.08 defendant does not waive any grounds ground that the person defendant has for challenging the court's personal jurisdiction.

SB82-SSA1,623 Section 623. 970.01 (2) of the statutes is repealed.

SB82-SSA1,624 Section 624. 970.02 (title) of the statutes is repealed.

SB82-SSA1,625 Section 625. 970.02 (1) (intro.) of the statutes is repealed.

SB82-SSA1,626 Section 626. 970.02 (1) (a) of the statutes is renumbered 971.028 (3) and amended to read:

SB82-SSA1,186,23 971.028 (3) Notice of the charges and penalties. Of the charge against the defendant and shall furnish The court shall ensure that the district attorney has furnished the defendant with a copy of the complaint which shall contain the possible penalties for the offenses set forth therein. In the case of a felony, the judge shall also inform the defendant of the and ensure that the defendant has been informed of the nature of the charge and the penalties for the felony each crime with which the defendant is charged. The district attorney shall read the complaint to the defendant at the defendant's request. If no criminal complaint is filed at the initial appearance, the defendant shall be released without monetary conditions unless the court excuses the delay due to the existence of extraordinary circumstances.

SB82-SSA1,627 Section 627. 970.02 (1) (b) and (6) of the statutes are consolidated, renumbered 971.028 (1) and amended to read:

SB82-SSA1,187,11 971.028 (1) Right to counsel. Of If the defendant is not represented by counsel, the court shall inform the defendant of his or her right to counsel and, in any case required by the U.S. or Wisconsin constitution, that an attorney will be appointed to represent him or her if he or she is financially unable to employ counsel. (6) In all cases in which the defendant is entitled to legal representation under the constitution or laws of the United States or this state, the judge or magistrate shall inform the defendant of his or her right to counsel and, if the defendant claims or appears to be indigent, shall refer the person defendant to the authority for indigency determinations specified under s. 977.07 (1). Unless the defendant knowingly and voluntarily waives the right to counsel, the court may not permit an unrepresented defendant to enter a plea other than not guilty.

SB82-SSA1,628 Section 628. 970.02 (1) (c) and (5) of the statutes are consolidated, renumbered 971.028 (2) and amended to read:

SB82-SSA1,187,22 971.028 (2) Right to a preliminary examination. That The court shall inform the defendant that he or she is entitled to a preliminary examination if when the defendant is charged with a felony in any complaint, including a complaint issued under s. 968.26, or when the defendant has been returned to this state for prosecution through extradition proceedings under ch. 976, or any indictment, unless waived in writing or in open court, or unless the defendant is a corporation or limited liability company. (5) If the defendant does not waive preliminary examination, the judge court shall forthwith set the action for a preliminary examination under s. 970.03 971.042.

SB82-SSA1,629 Section 629. 970.02 (2) of the statutes is renumbered 971.028 (5) and amended to read:

SB82-SSA1,188,3 971.028 (5) Conditions of release. The judge court shall admit the defendant to bail in accordance with establish, modify, or continue the conditions of the defendant's release under ch. 969.

SB82-SSA1,630 Section 630. 970.02 (3) of the statutes is repealed.

SB82-SSA1,631 Section 631. 970.02 (4) of the statutes is repealed.

SB82-SSA1,632 Section 632. 970.02 (7) of the statutes is renumbered 971.028 (6) and amended to read:

SB82-SSA1,188,11 971.028 (6) Obtaining identification data. If the offense charged is one specified under s. 165.83 (2) (a), the judge court shall determine if the defendant's fingerprints, photographs and other identifying data have been taken and, if not, the judge court shall direct that this information be obtained.

SB82-SSA1,633 Section 633. 970.02 (8) of the statutes, as affected by 2013 Wisconsin Act 214, is renumbered 971.028 (7) and amended to read:

SB82-SSA1,188,23 971.028 (7) Obtaining biological specimen. If the offense charged is a violent crime, as defined in s. 165.84 (7) (ab), the judge court shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the judge court requires the defendant to provide a specimen under this subsection or if a biological specimen has already been obtained from the defendant, the judge court shall inform the defendant that he or she may request expungement under s. 165.77 (4).

SB82-SSA1,634 Section 634. 970.03 (title) of the statutes is renumbered 971.042 (title).

SB82-SSA1,635 Section 635. 970.03 (1) of the statutes is renumbered 971.042 (1) and amended to read:

SB82-SSA1,189,8 971.042 (1) A preliminary examination is a hearing before a court for the purpose of determining if there is probable cause to believe a felony has been committed by the defendant. A preliminary examination may be held in conjunction with a bail revocation hearing under s. 969.08 (5) 969.51 (1) (b), but separate findings shall be made by the judge relating to the preliminary examination and to the bail revocation.

SB82-SSA1,636 Section 636. 970.03 (2), (3), (4), (5) and (6) of the statutes are renumbered 971.042 (2), (3), (4), (5) and (6).

SB82-SSA1,637 Section 637 . 970.03 (7), (8) and (9) of the statutes are renumbered 971.042 (7) (a), (b) and (c) and amended to read:

SB82-SSA1,189,14 971.042 (7) (a) If the court finds probable cause to believe that a felony has been committed by the defendant, it shall bind the defendant over for trial.

SB82-SSA1,189,17 (b) If the court finds that it is probable that only a misdemeanor has been committed by the defendant, it shall amend the complaint to conform to the evidence. The action shall then proceed as though it had originated as a misdemeanor action.

SB82-SSA1,189,20 (c) If the court does not find probable cause to believe that a crime has been committed by the defendant, it shall order the defendant discharged forthwith immediately.

SB82-SSA1,638 Section 638. 970.03 (10), (12), (13) and (14) of the statutes are renumbered 971.042 (8), (9), (10) and (11), and 971.042 (8) and (9) (a) 1., as renumbered, are amended to read:

SB82-SSA1,190,3 971.042 (8) In multiple count complaints, the court shall order dismissed any count for which it finds there is no probable cause. The facts arising out of any count ordered dismissed shall not be the basis for a count in any information filed pursuant to ch. 971. Section 970.04 under this chapter. Subsection (13) shall apply to any dismissed count.

SB82-SSA1,190,4 (9) (a) 1. "Hospital" has the meaning designated given in s. 50.33 (2).

SB82-SSA1,639 Section 639. 970.032 (title) of the statutes is repealed.

SB82-SSA1,640 Section 640 . 970.032 (1) of the statutes is renumbered 971.75 (1) and amended to read:

SB82-SSA1,190,14 971.75 (1) Probable cause hearing. Notwithstanding s. 970.03 971.042, if a preliminary examination is held regarding a juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall first conduct an evidentiary hearing to determine whether if there is probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever is applicable.

SB82-SSA1,190,20 (3) Findings at probable cause hearing. (a) If the court does not make that finding find that there is probable cause to believe the juvenile committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever is applicable, the court shall order that the juvenile be discharged, but proceedings may be brought regarding the juvenile under ch. 938.

SB82-SSA1,641 Section 641 . 970.032 (2) (intro.) of the statutes is renumbered 971.75 (3) (b) and amended to read:

SB82-SSA1,191,3 971.75 (3) (b) If the court finds probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), the court shall conduct a hearing under sub. (5) to determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court may base its finding of probable cause in whole or in part on hearsay.

SB82-SSA1,191,6 (5) Findings at retention hearing. The If the court finds probable cause under sub. (3) (b), it shall retain jurisdiction unless the juvenile proves by a preponderance of the evidence all of the following:

SB82-SSA1,642 Section 642. 970.032 (2) (a), (b) and (c) of the statutes are renumbered 971.75 (5) (a), (b) and (c).

SB82-SSA1,643 Section 643. 970.035 of the statutes is renumbered 971.046 and amended to read:

SB82-SSA1,191,21 971.046 Preliminary examination; juvenile younger than 15 years old. Notwithstanding s. 970.03 971.042, if a preliminary examination under s. 970.03 971.042 is held regarding a juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the juvenile be discharged but proceedings may be brought regarding the juvenile under ch. 938.

SB82-SSA1,644 Section 644. 970.038 of the statutes is renumbered 971.043 and amended to read:

SB82-SSA1,192,3 971.043 Preliminary examination; hearsay exception. (1) Notwithstanding s. 908.02, hearsay is admissible in a preliminary examination under ss. 970.03, 970.032, and 970.035 971.042, 971.75 (2), and 971.046.

SB82-SSA1,192,6 (2) A court may base its finding of probable cause under s. 970.03 (7) or (8), 970.032 (2), or 970.035 971.042 (7) (a) or (b), 971.75 (3), or 971.046 in whole or in part on hearsay admitted under sub. (1).

SB82-SSA1,645 Section 645. 970.04 of the statutes is renumbered 971.044.

SB82-SSA1,646 Section 646. 970.05 of the statutes is renumbered 971.045.

SB82-SSA1,647 Section 647. Subchapter I (title) of chapter 970 [precedes 970.06] of the statutes is created to read:

SB82-SSA1,192,11 chapter 970