Amendment SSA1-SB82

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SB82-SSA1,630 Section 630. 970.02 (3) of the statutes is repealed.

SB82-SSA1,631 Section 631. 970.02 (4) of the statutes is repealed.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

SB82-SSA1,192,13 subchapter i general provisions

SB82-SSA1,648 Section 648. 970.08 (2) of the statutes is created to read:

SB82-SSA1,192,16 970.08 (2) A complaint is filed when the district attorney signs it and files it with the clerk of the court for the county where the crime was committed.

SB82-SSA1,649 Section 649. 970.09 (2) of the statutes is created to read:

SB82-SSA1,192,20 970.09 (2) The court may allow the district attorney to amend the complaint or information after the defendant enters a plea but within a reasonable time before trial if the amendment does not prejudice the defendant.

SB82-SSA1,650 Section 650. 970.10 (title), (1) and (3) of the statutes are created to read:

SB82-SSA1,193,2 970.10 (title) Dismissing the charge, complaint, or information. (1) If the district attorney moves to dismiss a criminal charge, complaint, or information, the trial court shall grant the motion unless the court finds that dismissal is contrary to the public interest. The motion may not be granted after jeopardy has attached without the consent of the defendant.

SB82-SSA1,193,4 (3) Granting a motion to dismiss a complaint or information made under sub. (1) dismisses the action, and the clerk shall enter an order to that effect.

SB82-SSA1,651 Section 651. 970.13 (3) of the statutes is created to read:

SB82-SSA1,193,7 970.13 (3) Relief from prejudicial joinder. Relief from prejudicial joinder may be sought under s. 971.68 (2).

SB82-SSA1,652 Section 652. 970.14 (13) of the statutes is created to read:

SB82-SSA1,193,13 970.14 (13) In an action where the state asserts jurisdiction under s. 939.03 (1) (b) or (c) and where the place of trial cannot readily be determined under this section, the trial may be in the county where the defendant intended that the crime be committed, the county of residence of the intended victims, or, if neither of these applies, Dane County.

SB82-SSA1,653 Section 653. 970.15 of the statutes is created to read:

SB82-SSA1,193,16 970.15 Deferred and suspended prosecution agreements. (1) Definitions. In this section:

SB82-SSA1,193,18 (a) "Deferred prosecution agreement" means an agreement under which a prosecutor does not file a criminal complaint but may do so in the future.

SB82-SSA1,193,21 (b) "Suspended prosecution agreement" means an agreement under which further prosecution against a person is suspended after a prosecutor files a criminal complaint against the person.

SB82-SSA1,194,3 (2) Deferred prosecution agreements. The same standards that apply to a district attorney's charging authority govern the district attorney's authority to enter into a deferred prosecution agreement. The deferred prosecution agreement may provide that entering into the agreement waives any subsequent claims concerning the statute of limitations for the charges that are the basis of the agreement. A deferred prosecution agreement is enforceable in the same manner as a plea agreement.

SB82-SSA1,194,10 (3) Suspended prosecution agreements. The same standards that apply to a court's authority to schedule cases and grant continuances apply to a court's authority to suspend prosecution when the parties have reached a suspended prosecution agreement. The court's authority to suspend prosecution includes the authority to defer or delay the acceptance of a plea or to withhold entry of judgment. A suspended prosecution agreement is enforceable in the same manner as a plea agreement.

SB82-SSA1,194,16 (4) Admissions and statements. Consent to, or participation in, a deferred prosecution agreement or a suspended prosecution agreement is not an admission of guilt and is not admissible in any trial relating to the charge to which the agreement pertains. No statement made by a person in connection with a deferred prosecution agreement or a suspended prosecution agreement is admissible in any trial relating to the charge to which the agreement pertains.

SB82-SSA1,194,21 (5) Immunity. Any organization, agency, or individual acting in good faith for which or for whom a person is assigned to work pursuant to a deferred prosecution agreement or a suspended prosecution agreement has immunity from any civil liability in excess of $25,000 for acts or omissions by the person or affecting the person.

SB82-SSA1,654 Section 654. Subchapter II (title) of chapter 970 [precedes 970.21] of the statutes is created to read:

SB82-SSA1,194,24 chapter 970

SB82-SSA1,195,2 subchapter iI particular offenses

SB82-SSA1,655 Section 655. Chapter 971 (title) of the statutes is repealed and recreated to read:

SB82-SSA1,195,5 chapter 971

SB82-SSA1,195,6 pretrial procedures

SB82-SSA1,656 Section 656. 971.01 of the statutes is renumbered 971.051, and 971.051 (1), as renumbered, is amended to read:

SB82-SSA1,195,13 971.051 (1) The district attorney shall examine all facts and circumstances connected with any preliminary examination touching the commission of any crime if the defendant has been bound over for trial and, subject to s. 970.03 (10) 971.042 (8), shall file an information according to the evidence on such examination subscribing his or her name thereto.

SB82-SSA1,657 Section 657. Subchapter I (title) of chapter 971 [precedes 971.013] of the statutes is created to read:

SB82-SSA1,195,16 chapter 971

SB82-SSA1,195,17 Subchapter I

SB82-SSA1,195,18 commencement of proceedings

SB82-SSA1,658 Section 658. 971.015 (title) of the statutes is created to read:

SB82-SSA1,195,20 971.015 (title) Initial court appearance.

SB82-SSA1,659 Section 659. 971.015 (1) (title) of the statutes is created to read:

SB82-SSA1,195,22 971.015 (1) (title) Persons in custody.

SB82-SSA1,660 Section 660. 971.015 (1) (b) of the statutes is created to read:

SB82-SSA1,196,2 971.015 (1) (b) A person in custody outside the county in which the offense was alleged to have been committed shall have an initial appearance in the court for the county in which the offense was alleged to have been committed as soon as practicable. Conditions of release may be set under s. 969.33.

SB82-SSA1,661 Section 661. 971.015 (2) of the statutes is created to read:

SB82-SSA1,196,6 971.015 (2) Persons not in custody. A person who is arrested and released or who is issued a citation is entitled to an initial appearance within a reasonable time after being arrested or cited.

SB82-SSA1,662 Section 662. 971.015 (4) of the statutes is created to read:

SB82-SSA1,196,9 971.015 (4) Discovery before the initial appearance. The district attorney may provide discovery before the initial appearance.

SB82-SSA1,663 Section 663. 971.02 of the statutes is renumbered 971.052, and 971.052 (1) and (2) (intro.), (a), (b) and (c), as renumbered, are amended to read:

SB82-SSA1,196,20 971.052 (1) If the defendant is charged with a felony in any complaint, including a complaint issued under s. 968.26 968.105, or when the defendant has been returned to this state for prosecution through extradition proceedings under ch. 976, or any indictment, no information or indictment shall be filed until the defendant has had a preliminary examination, unless the defendant waives such examination in writing or in open court or unless the defendant is a corporation or limited liability company. The omission of the preliminary examination shall not invalidate any information unless the defendant moves to dismiss prior to the entry of a plea.

SB82-SSA1,196,22 (2) (intro.) Upon motion and for cause shown, the trial court may remand the case for a preliminary examination. "Cause" means all of the following:

SB82-SSA1,196,23 (a) The preliminary examination was waived; and.

SB82-SSA1,196,24 (b) Defendant did not have advice of counsel prior to such waiver ; and.

SB82-SSA1,196,25 (c) Defendant denies that probable cause exists to hold him or her for trial; and.

SB82-SSA1,664 Section 664. 971.027 of the statutes, as created by 2015 Supreme Court Order 14-04, is renumbered 971.0525.

SB82-SSA1,665 Section 665. 971.028 (intro.) of the statutes is created to read:

SB82-SSA1,197,5 971.028 Duties at the initial appearance. (intro.) All of the following shall occur at the initial appearance:

SB82-SSA1,666 Section 666. 971.028 (1m) and (4) of the statutes are created to read:

SB82-SSA1,197,13 971.028 (1m) Probable cause determination. The court shall determine whether the facts alleged in the complaint establish probable cause to believe that the defendant committed the crime charged. In a misdemeanor case, if probable cause exists as to at least one count of the complaint, the court may set a date for further proceedings. Notwithstanding a finding of probable cause under this subsection, the defendant may move to dismiss a complaint or any count in a complaint based on lack of probable cause by filing a motion under s. 971.65.

SB82-SSA1,197,17 (4) Request for and entry of plea. The court shall ask for the defendant's plea to the charges in the complaint. If the defendant stands mute or refuses to plead to any charge, the court shall direct the entry of a plea of not guilty on the defendant's behalf.