SB82-SSA1,636
9Section
636. 970.03 (2), (3), (4), (5) and (6) of the statutes are renumbered
10971.042 (2), (3), (4), (5) and (6).
SB82-SSA1,637
11Section
637
. 970.03 (7), (8) and (9) of the statutes are renumbered 971.042 (7)
12(a), (b) and (c) and amended to read:
SB82-SSA1,189,1413
971.042
(7) (a) If the court finds probable cause to believe that a felony has been
14committed by the defendant,
it shall bind the defendant over for trial.
SB82-SSA1,189,1715
(b) If the court finds that it is probable that only a misdemeanor has been
16committed by the defendant,
it shall amend the complaint to conform to the evidence.
17The action shall then proceed as though it had originated as a misdemeanor action.
SB82-SSA1,189,2018
(c) If the court does not find probable cause to believe that a crime has been
19committed by the defendant,
it shall order the defendant discharged
forthwith 20immediately.
SB82-SSA1,638
21Section
638. 970.03 (10), (12), (13) and (14) of the statutes are renumbered
22971.042 (8), (9), (10) and (11), and 971.042 (8) and (9) (a) 1., as renumbered, are
23amended to read:
SB82-SSA1,190,324
971.042
(8) In multiple count complaints, the court shall order dismissed any
25count for which it finds there is no probable cause. The facts arising out of any count
1ordered dismissed shall not be the basis for a count in any information filed
pursuant
2to ch. 971. Section 970.04 under this chapter. Subsection (13) shall apply to any
3dismissed count.
SB82-SSA1,190,4
4(9) (a) 1. "Hospital" has the meaning
designated given in s. 50.33 (2).
SB82-SSA1,639
5Section
639. 970.032 (title) of the statutes is repealed.
SB82-SSA1,640
6Section
640
. 970.032 (1) of the statutes is renumbered 971.75 (1) and amended
7to read:
SB82-SSA1,190,148
971.75
(1) Probable cause hearing. Notwithstanding s.
970.03 971.042, if a
9preliminary examination is held regarding a juvenile who is subject to the original
10jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall
11first conduct an evidentiary hearing to determine
whether if there is probable cause
12to believe that the juvenile
has committed the violation of which he or she is accused
13under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever
14is applicable.
SB82-SSA1,190,20
15(3) Findings at probable cause hearing. (a) If the court does not
make that
16finding find that there is probable cause to believe the juvenile committed the
17violation of which he or she is accused under the circumstances specified in s. 938.183
18(1) (a), (am), (ar), (b), or (c), whichever is applicable, the court shall order that the
19juvenile be discharged
, but proceedings may be brought regarding the juvenile under
20ch. 938.
SB82-SSA1,641
21Section
641
. 970.032 (2) (intro.) of the statutes is renumbered 971.75 (3) (b)
22and amended to read:
SB82-SSA1,191,323
971.75
(3) (b) If the court finds probable cause to believe that the juvenile
has 24committed the violation of which he or she is accused under the circumstances
25specified in s. 938.183 (1) (a), (am), (ar), (b)
, or (c), the court shall
conduct a hearing
1under sub. (5) to determine whether to retain jurisdiction or to transfer jurisdiction
2to the court assigned to exercise jurisdiction under chs. 48 and 938.
The court may
3base its finding of probable cause in whole or in part on hearsay.
SB82-SSA1,191,6
4(5) Findings at retention hearing. The If the court
finds probable cause under
5sub. (3) (b), it shall retain jurisdiction unless the juvenile proves by a preponderance
6of the evidence all of the following:
SB82-SSA1,642
7Section
642. 970.032 (2) (a), (b) and (c) of the statutes are renumbered 971.75
8(5) (a), (b) and (c).
SB82-SSA1,643
9Section
643. 970.035 of the statutes is renumbered 971.046 and amended to
10read:
SB82-SSA1,191,21
11971.046 Preliminary examination; juvenile younger than 15 years old. 12Notwithstanding s.
970.03 971.042, if a preliminary examination under s.
970.03 13971.042 is held regarding a juvenile who was waived under s. 938.18 for a violation
14which is alleged to have occurred prior to his or her 15th birthday, the court may bind
15the juvenile over for trial only if there is probable cause to believe that a crime under
16s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41
17(1) has been committed or that a crime that would constitute a felony under chs. 939
18to 948 or 961 if committed by an adult has been committed at the request of or for
19the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make
20any of those findings, the court shall order that the juvenile be discharged but
21proceedings may be brought regarding the juvenile under ch. 938.
SB82-SSA1,644
22Section
644. 970.038 of the statutes is renumbered 971.043 and amended to
23read:
SB82-SSA1,192,3
1971.043 Preliminary examination; hearsay exception. (1) 2Notwithstanding s. 908.02, hearsay is admissible in a preliminary examination
3under ss.
970.03, 970.032, and 970.035 971.042, 971.75 (2), and 971.046.
SB82-SSA1,192,6
4(2) A court may base its finding of probable cause under s.
970.03 (7) or (8),
5970.032 (2), or 970.035 971.042 (7) (a) or (b), 971.75 (3), or 971.046 in whole or in part
6on hearsay admitted under sub. (1).
SB82-SSA1,645
7Section
645. 970.04 of the statutes is renumbered 971.044.
SB82-SSA1,646
8Section
646. 970.05 of the statutes is renumbered 971.045.
SB82-SSA1,647
9Section
647. Subchapter I (title) of chapter 970 [precedes 970.06] of the
10statutes is created to read:
SB82-SSA1,192,1312
subchapter i
13
general provisions
SB82-SSA1,648
14Section
648. 970.08 (2) of the statutes is created to read:
SB82-SSA1,192,1615
970.08
(2) A complaint is filed when the district attorney signs it and files it
16with the clerk of the court for the county where the crime was committed.
SB82-SSA1,649
17Section
649. 970.09 (2) of the statutes is created to read:
SB82-SSA1,192,2018
970.09
(2) The court may allow the district attorney to amend the complaint
19or information after the defendant enters a plea but within a reasonable time before
20trial if the amendment does not prejudice the defendant.
SB82-SSA1,650
21Section
650. 970.10 (title), (1) and (3) of the statutes are created to read:
SB82-SSA1,193,2
22970.10 (title)
Dismissing the charge, complaint, or information. (1) If
23the district attorney moves to dismiss a criminal charge, complaint, or information,
24the trial court shall grant the motion unless the court finds that dismissal is contrary
1to the public interest. The motion may not be granted after jeopardy has attached
2without the consent of the defendant.
SB82-SSA1,193,4
3(3) Granting a motion to dismiss a complaint or information made under sub.
4(1) dismisses the action, and the clerk shall enter an order to that effect.
SB82-SSA1,651
5Section
651. 970.13 (3) of the statutes is created to read:
SB82-SSA1,193,76
970.13
(3) Relief from prejudicial joinder. Relief from prejudicial joinder
7may be sought under s. 971.68 (2).
SB82-SSA1,652
8Section
652. 970.14 (13) of the statutes is created to read:
SB82-SSA1,193,139
970.14
(13) In an action where the state asserts jurisdiction under s. 939.03 (1)
10(b) or (c) and where the place of trial cannot readily be determined under this section,
11the trial may be in the county where the defendant intended that the crime be
12committed, the county of residence of the intended victims, or, if neither of these
13applies, Dane County.
SB82-SSA1,653
14Section
653. 970.15 of the statutes is created to read:
SB82-SSA1,193,16
15970.15 Deferred and suspended prosecution agreements. (1) 16Definitions. In this section:
SB82-SSA1,193,1817
(a) "Deferred prosecution agreement" means an agreement under which a
18prosecutor does not file a criminal complaint but may do so in the future.
SB82-SSA1,193,2119
(b) "Suspended prosecution agreement" means an agreement under which
20further prosecution against a person is suspended after a prosecutor files a criminal
21complaint against the person.
SB82-SSA1,194,3
22(2) Deferred prosecution agreements. The same standards that apply to a
23district attorney's charging authority govern the district attorney's authority to
24enter into a deferred prosecution agreement. The deferred prosecution agreement
25may provide that entering into the agreement waives any subsequent claims
1concerning the statute of limitations for the charges that are the basis of the
2agreement. A deferred prosecution agreement is enforceable in the same manner as
3a plea agreement.
SB82-SSA1,194,10
4(3) Suspended prosecution agreements. The same standards that apply to a
5court's authority to schedule cases and grant continuances apply to a court's
6authority to suspend prosecution when the parties have reached a suspended
7prosecution agreement. The court's authority to suspend prosecution includes the
8authority to defer or delay the acceptance of a plea or to withhold entry of judgment.
9A suspended prosecution agreement is enforceable in the same manner as a plea
10agreement.
SB82-SSA1,194,16
11(4) Admissions and statements. Consent to, or participation in, a deferred
12prosecution agreement or a suspended prosecution agreement is not an admission
13of guilt and is not admissible in any trial relating to the charge to which the
14agreement pertains. No statement made by a person in connection with a deferred
15prosecution agreement or a suspended prosecution agreement is admissible in any
16trial relating to the charge to which the agreement pertains.
SB82-SSA1,194,21
17(5) Immunity. Any organization, agency, or individual acting in good faith for
18which or for whom a person is assigned to work pursuant to a deferred prosecution
19agreement or a suspended prosecution agreement has immunity from any civil
20liability in excess of $25,000 for acts or omissions by the person or affecting the
21person.
SB82-SSA1,654
22Section
654. Subchapter II (title) of chapter 970 [precedes 970.21] of the
23statutes is created to read:
SB82-SSA1,195,2
1subchapter iI
2
particular offenses
SB82-SSA1,655
3Section
655. Chapter 971 (title) of the statutes is repealed and recreated to
4read:
SB82-SSA1,195,66
pretrial procedures
SB82-SSA1,656
7Section
656. 971.01 of the statutes is renumbered 971.051, and 971.051 (1),
8as renumbered, is amended to read:
SB82-SSA1,195,139
971.051
(1) The district attorney shall examine all facts and circumstances
10connected with any preliminary examination touching the commission of any crime
11if the defendant has been bound over for trial and, subject to s.
970.03 (10) 971.042
12(8), shall file an information according to the evidence on such examination
13subscribing his or her name thereto.
SB82-SSA1,657
14Section
657. Subchapter I (title) of chapter 971 [precedes 971.013] of the
15statutes is created to read:
SB82-SSA1,195,1818
commencement of proceedings
SB82-SSA1,658
19Section
658. 971.015 (title) of the statutes is created to read:
SB82-SSA1,195,20
20971.015 (title)
Initial court appearance.
SB82-SSA1,659
21Section
659. 971.015 (1) (title) of the statutes is created to read:
SB82-SSA1,195,2222
971.015
(1) (title)
Persons in custody.
SB82-SSA1,660
23Section
660. 971.015 (1) (b) of the statutes is created to read:
SB82-SSA1,196,224
971.015
(1) (b) A person in custody outside the county in which the offense was
25alleged to have been committed shall have an initial appearance in the court for the
1county in which the offense was alleged to have been committed as soon as
2practicable. Conditions of release may be set under s. 969.33.
SB82-SSA1,661
3Section
661. 971.015 (2) of the statutes is created to read:
SB82-SSA1,196,64
971.015
(2) Persons not in custody. A person who is arrested and released or
5who is issued a citation is entitled to an initial appearance within a reasonable time
6after being arrested or cited.
SB82-SSA1,662
7Section
662. 971.015 (4) of the statutes is created to read:
SB82-SSA1,196,98
971.015
(4) Discovery before the initial appearance. The district attorney
9may provide discovery before the initial appearance.
SB82-SSA1,663
10Section
663. 971.02 of the statutes is renumbered 971.052, and 971.052 (1)
11and (2) (intro.), (a), (b) and (c), as renumbered, are amended to read:
SB82-SSA1,196,2012
971.052
(1) If the defendant is charged with a felony in any complaint,
13including a complaint issued under s.
968.26
968.105, or when the defendant has
14been returned to this state for prosecution through extradition proceedings under ch.
15976, or any indictment, no information or indictment shall be filed until the
16defendant has had a preliminary examination, unless the defendant waives such
17examination in writing or in open court or unless the defendant is a corporation or
18limited liability company. The omission of the preliminary examination shall not
19invalidate any information unless the defendant moves to dismiss prior to the entry
20of a plea.
SB82-SSA1,196,22
21(2) (intro.) Upon motion and for cause shown, the trial court may remand the
22case for a preliminary examination. "Cause" means
all of the following:
SB82-SSA1,196,2323
(a) The preliminary examination was waived
; and.
SB82-SSA1,196,2424
(b) Defendant did not have advice of counsel prior to such waiver
; and.
SB82-SSA1,196,2525
(c) Defendant denies that probable cause exists to hold him or her for trial
; and.
SB82-SSA1,664
1Section
664. 971.027 of the statutes, as created by 2015 Supreme Court Order
214-04, is renumbered 971.0525.
SB82-SSA1,665
3Section
665. 971.028 (intro.) of the statutes is created to read:
SB82-SSA1,197,5
4971.028 Duties at the initial appearance. (intro.) All of the following shall
5occur at the initial appearance:
SB82-SSA1,666
6Section
666. 971.028 (1m) and (4) of the statutes are created to read:
SB82-SSA1,197,137
971.028
(1m) Probable cause determination. The court shall determine
8whether the facts alleged in the complaint establish probable cause to believe that
9the defendant committed the crime charged. In a misdemeanor case, if probable
10cause exists as to at least one count of the complaint, the court may set a date for
11further proceedings. Notwithstanding a finding of probable cause under this
12subsection, the defendant may move to dismiss a complaint or any count in a
13complaint based on lack of probable cause by filing a motion under s. 971.65.
SB82-SSA1,197,17
14(4) Request for and entry of plea. The court shall ask for the defendant's plea
15to the charges in the complaint. If the defendant stands mute or refuses to plead to
16any charge, the court shall direct the entry of a plea of not guilty on the defendant's
17behalf.
SB82-SSA1,667
18Section
667. 971.03 of the statutes is renumbered 971.053.
SB82-SSA1,668
19Section
668. 971.035 of the statutes is created to read:
SB82-SSA1,197,23
20971.035 Discovery at the initial appearance. (1) Material in the district
21attorney's possession. At the initial appearance, the district attorney shall disclose,
22if in the district attorney's possession, law enforcement investigative reports relating
23to the case and a copy of the defendant's criminal record.
SB82-SSA1,197,25
24(2) Time of disclosure. Disclosure under this section shall be made after the
25defendant has obtained or waived legal representation.
SB82-SSA1,198,4
1(3) Delay for good cause shown. The court may allow a delay in disclosure
2under this section for good cause shown, except that the court shall delay disclosure
3under this section if the court determines that providing the information under sub.
4(1) may endanger victims or witnesses.
SB82-SSA1,669
5Section
669. 971.038 of the statutes is created to read:
SB82-SSA1,198,9
6971.038 Time limits for motions and requests for substitution. No later
7than 10 days after the initial appearance, the defendant may file any motions that
8might otherwise be waived by the entry of the plea or a request for substitution of
9a judge under s. 967.16.
SB82-SSA1,670
10Section
670. 971.04 (title) of the statutes is renumbered 967.13 (title).
SB82-SSA1,671
11Section
671. 971.04 (1) (intro.) of the statutes is renumbered 967.13 (1) (intro.)
12and amended to read:
SB82-SSA1,198,1513
967.13
(1) (intro.) Except as provided in subs. (2) and (3),
the or s. 967.14, or
14subch. III of ch. 885, a defendant
who is an individual shall be present
for all of the
15following: