Amendment SSA1-SB82

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.

SB82-SSA1,667 Section 667. 971.03 of the statutes is renumbered 971.053.

SB82-SSA1,668 Section 668. 971.035 of the statutes is created to read:

SB82-SSA1,197,23 971.035 Discovery at the initial appearance. (1) Material in the district attorney's possession. At the initial appearance, the district attorney shall disclose, if in the district attorney's possession, law enforcement investigative reports relating to the case and a copy of the defendant's criminal record.

SB82-SSA1,197,25 (2) Time of disclosure. Disclosure under this section shall be made after the defendant has obtained or waived legal representation.

SB82-SSA1,198,4 (3) Delay for good cause shown. The court may allow a delay in disclosure under this section for good cause shown, except that the court shall delay disclosure under this section if the court determines that providing the information under sub. (1) may endanger victims or witnesses.

SB82-SSA1,669 Section 669. 971.038 of the statutes is created to read:

SB82-SSA1,198,9 971.038 Time limits for motions and requests for substitution. No later than 10 days after the initial appearance, the defendant may file any motions that might otherwise be waived by the entry of the plea or a request for substitution of a judge under s. 967.16.

SB82-SSA1,670 Section 670. 971.04 (title) of the statutes is renumbered 967.13 (title).

SB82-SSA1,671 Section 671. 971.04 (1) (intro.) of the statutes is renumbered 967.13 (1) (intro.) and amended to read:

SB82-SSA1,198,15 967.13 (1) (intro.) Except as provided in subs. (2) and (3), the or s. 967.14, or subch. III of ch. 885, a defendant who is an individual shall be present for all of the following:

SB82-SSA1,672 Section 672. 971.04 (1) (a) of the statutes is repealed.

SB82-SSA1,673 Section 673. 971.04 (1) (b), (c), (d), (e), (f), (g) and (h) of the statutes are renumbered 967.13 (1) (c), (d), (e), (f), (g), (h) and (j) and amended to read:

SB82-SSA1,198,19 967.13 (1) (c) At The trial;.

SB82-SSA1,198,20 (d) During The voir dire of the trial jury;.

SB82-SSA1,198,21 (e) At any Any evidentiary hearing;.

SB82-SSA1,198,22 (f) At any Any view by the jury;.

SB82-SSA1,198,23 (g) When the jury returns its The return of the jury's verdict;.

SB82-SSA1,198,25 (h) At the pronouncement The granting of judgment and the imposition of sentence;.

SB82-SSA1,199,1 (j) At any Any other proceeding when ordered by the court.

SB82-SSA1,674 Section 674. 971.04 (2) of the statutes is renumbered 967.13 (2) and amended to read:

SB82-SSA1,199,8 967.13 (2) A defendant charged with a misdemeanor may authorize his or her attorney in writing to act on his or her the defendant's behalf in any manner and, with leave of the court, and may be excused from attendance at attending any or all proceedings proceeding except entry of a plea of guilty or no contest, sentencing, or a proceeding at which a right personal to the defendant is waived.

SB82-SSA1,675 Section 675. 971.04 (3) of the statutes is renumbered 967.13 (3) and amended to read:

SB82-SSA1,200,2 967.13 (3) If the defendant is present at the beginning of the trial when jeopardy attaches and thereafter, during the progress of the trial or before the verdict of the jury has been returned into court, voluntarily absents himself or herself from the presence of the court without leave of the court, the trial or return of verdict of the jury in the case shall not thereby be postponed or delayed, but and the trial or submission of said the case to the jury for verdict and the return of verdict thereon, if required, shall proceed in all respects as though the defendant were present in court at all times. A defendant need not be present at the pronouncement or entry of an order granting or denying relief under s. 974.02, 974.06, or 974.07. If the defendant is not present, the time for appeal from any order under ss. 974.02, 974.06, and 974.07 shall commence after a copy has been served upon the attorney representing the defendant, or upon the defendant if he or she appeared without counsel. Service of such an order shall be complete upon mailing. A defendant appearing without counsel shall supply the court with his or her current mailing address. If the defendant fails to supply the court with a current and accurate mailing address, failure to receive a copy of the order granting or denying relief shall not be a ground for tolling the time in which an appeal must be taken.

SB82-SSA1,676 Section 676 . 971.042 (7) (intro.) of the statutes is created to read:

SB82-SSA1,200,5 971.042 (7) (intro.) At the preliminary examination, the court shall do one of the following:

SB82-SSA1,677 Section 677. 971.05 of the statutes is renumbered 970.17, and 970.17 (2) and (4), as renumbered, are amended to read:

SB82-SSA1,200,10 970.17 (2) If the defendant appears for arraignment without counsel, the court shall advise the defendant of the defendant's right to counsel as provided in s. 970.02 971.028 (1).

SB82-SSA1,200,13 (4) The defendant then shall plead unless in accordance with s. 971.31 971.65 the defendant has filed a motion which requires determination before the entry of a plea. The court may extend the time for the filing of such motion.

SB82-SSA1,678 Section 678. Subchapter II (title) of chapter 971 [precedes 971.06] of the statutes is created to read:

SB82-SSA1,200,16 chapter 971

SB82-SSA1,200,17 Subchapter II

SB82-SSA1,200,18 Pleas

SB82-SSA1,679 Section 679. 971.06 (1) of the statutes is renumbered 971.06, and 971.06 (1), (2), (3) and (4), as renumbered, are amended to read:

SB82-SSA1,200,22 971.06 (1) Guilty, which means that the defendant admits the facts necessary to constitute the crime.

SB82-SSA1,200,25 (2) Not guilty, which means that the defendant denies the facts necessary to constitute the crime. A plea of not guilty requires the state to prove the facts necessary to constitute the crime beyond a reasonable doubt.

SB82-SSA1,201,5 (3) No contest, subject to the approval of the court which means that the defendant does not contest the state's ability to prove the facts necessary to constitute the crime. The court may refuse to allow the entry of a no contest plea after consideration of the views of the parties and the public interest in the administration of justice.

SB82-SSA1,201,9 (4) Not guilty by reason of mental disease or defect. This plea may be joined with a plea of not guilty. If it is not so joined, this plea admits that but for lack of mental capacity the defendant committed all the essential elements of the offense charged in the indictment, information, or complaint.

SB82-SSA1,680 Section 680. 971.06 (2) of the statutes is repealed.

SB82-SSA1,681 Section 681. 971.06 (3) of the statutes is repealed.

SB82-SSA1,682 Section 682. 971.065 of the statutes is created to read:

SB82-SSA1,201,16 971.065 Plea agreements. (1) The district attorney and the defendant may participate in discussions to reach an agreement that if the defendant enters a plea of guilty or no contest the district attorney shall take or refrain from taking certain actions, including one or more of the following:

SB82-SSA1,201,17 (a) Moving to dismiss or amend one or more charges.

SB82-SSA1,201,19 (b) Reading in any crime that is uncharged or that is dismissed as part of the agreement.

SB82-SSA1,201,21 (c) Recommending, or agreeing not to oppose the defendant's request for, a particular disposition.

SB82-SSA1,201,22 (d) Agreeing that a specific disposition is appropriate.

SB82-SSA1,201,24 (2) The court may not participate in discussions to reach an agreement under this section.

SB82-SSA1,683 Section 683. 971.07 of the statutes is repealed.

SB82-SSA1,684 Section 684. 971.08 (title) of the statutes is amended to read:

SB82-SSA1,202,3 971.08 (title) Pleas Accepting pleas of guilty and or no contest; withdrawal thereof.

SB82-SSA1,685 Section 685. 971.08 (1) (a) of the statutes is renumbered 971.08 (1) (ar) and amended to read:

SB82-SSA1,202,9 971.08 (1) (ar) Address the defendant personally and determine that the defendant is making the plea is made knowingly, voluntarily, and with understanding of the meaning and effect of the plea, the nature of the charge crime to which the plea is entered, and the potential punishment if convicted.

SB82-SSA1,686 Section 686. 971.08 (1) (ag) of the statutes is created to read:

SB82-SSA1,202,15 971.08 (1) (ag) Require the parties to disclose any plea agreement in open court or, on a showing of good cause, in camera. Before accepting the plea, the court may express any reservations it has concerning the appropriateness of any recommended disposition and shall advise the defendant personally that the court is not bound by the terms of the plea agreement.

SB82-SSA1,687 Section 687. 971.08 (1) (am) of the statutes is created to read:

SB82-SSA1,202,17 971.08 (1) (am) Ask the defendant to state his or her plea on the record.

SB82-SSA1,688 Section 688. 971.08 (1) (b) of the statutes is repealed and recreated to read:

SB82-SSA1,202,20 971.08 (1) (b) Make an inquiry sufficient to satisfy the court that there is a factual basis for a judgment of conviction of the crime to which the plea is entered.

SB82-SSA1,689 Section 689. 971.08 (1) (d) of the statutes is amended to read:

SB82-SSA1,202,23 971.08 (1) (d) Inquire of the district attorney whether he or she has complied with s. 971.095 (2) and (3).

SB82-SSA1,690 Section 690. 971.08 (3) of the statutes is repealed.

SB82-SSA1,691 Section 691. 971.09 of the statutes is repealed and recreated to read:

SB82-SSA1,203,10 971.09 Consolidation; plea to or read-in of crimes committed in several counties. (1) In general. Consolidation refers to the process by which charged or uncharged crimes pending in more than one county are resolved in a single proceeding in one county. Consolidation is a voluntary procedure, requiring the consent of the defendant and the district attorneys for all counties whose charges are resolved. Consolidated charged or uncharged crimes shall be resolved by the entry of a plea of guilty or no contest or by an agreement that charged or uncharged crimes be treated as read-in crimes. A defendant who has already been convicted of but not sentenced for a crime may apply for consolidation of any pending or uncharged crime committed.

SB82-SSA1,203,17 (2) Application for consolidation. A defendant may apply to the district attorney for a county in which a charge against the defendant is pending to resolve in a single proceeding in one county any pending cases. In the application, the defendant shall describe with particularity all the crimes that the defendant seeks to resolve in the single proceeding, indicate the county in which each of the crimes was committed, and indicate the county in which the defendant requests final disposition.

SB82-SSA1,203,25 (3) Notice and consent. A district attorney who receives an application under sub. (2) shall send a copy of the application to the district attorney for each county in which a crime indicated in the application was committed. A district attorney who receives a copy of the application may execute a written consent to having any crime indicated in the application that is subject to disposition in his or her county resolved in a proceeding in another county. If a district attorney does not consent to having a crime that is subject to disposition in his or her county resolved in another county, the crime may not be resolved under this section.

SB82-SSA1,204,6 (4) Amending the charge; plea; read-in crimes. (a) If the district attorney to whom the defendant submitted the application under sub. (2) consents to resolving a case that is subject to disposition in his or her county in a single proceeding under this section, the district attorney shall file an amended complaint or information that charges the defendant with all crimes identified in consents executed under sub. (3) that are not to be treated as read-in crimes.

SB82-SSA1,204,11 (b) To resolve crimes charged in the amended complaint or information under par. (a) in a single proceeding, the defendant shall waive in writing or on the record any right to be tried in the county in which a crime charged in the amended complaint or information was committed and enter a plea of guilty or no contest to each crime charged in the amended complaint or information.

SB82-SSA1,204,13 (c) To resolve read-in crimes under this section, the defendant shall affirm his or her agreement to having the crimes considered at sentencing.

SB82-SSA1,204,16 (d) A district attorney who executed a consent under sub. (3) need not be present when the defendant enters his or her plea but the district attorney's written consent shall be filed with the court.

SB82-SSA1,204,19 (e) A charge that originated in a county may not be amended or dismissed without prior written approval of the district attorney for the county in which the charge originated.

SB82-SSA1,205,4 (5) Judgment. If it accepts the defendant's plea, the court shall enter judgment and sentence the defendant as though all crimes charged in the amended complaint or information were alleged to have been committed in the county where judgment is entered and may consider at sentencing any read-in crimes affirmed under sub. (4) (c). The clerk of the court for the county in which judgment is entered shall file a copy of the judgment of conviction with the clerk of the court for each other county in which charges addressed in the judgment or treated as read-in crimes originated. The district attorney for each of the other counties shall then move to dismiss any charges that are pending in his or her county against the defendant for charges addressed in the judgment or as treated as read-in crimes.

SB82-SSA1,205,7 (6) Rights of crime victims. The duties of the district attorney under ch. 950 and s. 971.095 shall be discharged by the district attorney for the county in which the crimes occurred, unless otherwise agreed to by the participating district attorneys.

SB82-SSA1,205,15 (7) Prosecution costs. The county in which the plea is made shall pay the costs of prosecution if the defendant does not pay them, and is entitled to retain fees for receiving and paying to the state any fine that the defendant may pay. The clerk where the plea is made shall file a copy of the judgment of conviction with the clerk in each county where a crime covered by the plea was committed. The district attorney shall then move to dismiss any charges covered by the plea of guilty, which are pending against the defendant in the district attorney's county, and the charges shall be dismissed.

SB82-SSA1,692 Section 692. 971.093 of the statutes is created to read:

SB82-SSA1,205,20 971.093 Withdrawal of a plea of guilty or no contest. (1) Before sentencing. Unless the district attorney establishes substantial prejudice, the court shall grant a motion that is made before sentencing to withdraw a plea of guilty or no contest if a fair and just reason for doing so is established.