SB82-SSA1,200,13
11(4) The defendant then shall plead unless in accordance with s.
971.31 971.65 12the defendant has filed a motion which requires determination before the entry of
13a plea. The court may extend the time for the filing of such motion.
SB82-SSA1,678
14Section
678. Subchapter II (title) of chapter 971 [precedes 971.06] of the
15statutes is created to read:
SB82-SSA1,200,1717
Subchapter II
SB82-SSA1,679
19Section
679. 971.06 (1) of the statutes is renumbered 971.06, and 971.06 (1),
20(2), (3) and (4), as renumbered, are amended to read:
SB82-SSA1,200,2221
971.06
(1) Guilty
, which means that the defendant admits the facts necessary
22to constitute the crime.
SB82-SSA1,200,25
23(2) Not guilty
, which means that the defendant denies the facts necessary to
24constitute the crime. A plea of not guilty requires the state to prove the facts
25necessary to constitute the crime beyond a reasonable doubt.
SB82-SSA1,201,5
1(3) No contest,
subject to the approval of the court which means that the
2defendant does not contest the state's ability to prove the facts necessary to
3constitute the crime. The court may refuse to allow the entry of a no contest plea after
4consideration of the views of the parties and the public interest in the administration
5of justice.
SB82-SSA1,201,9
6(4) Not guilty by reason of mental disease or defect. This plea may be joined
7with a plea of not guilty. If it is not so joined, this plea admits that but for lack of
8mental capacity the defendant committed all the essential elements of the offense
9charged in the indictment, information
, or complaint.
SB82-SSA1,680
10Section
680. 971.06 (2) of the statutes is repealed.
SB82-SSA1,681
11Section
681. 971.06 (3) of the statutes is repealed.
SB82-SSA1,682
12Section
682. 971.065 of the statutes is created to read:
SB82-SSA1,201,16
13971.065 Plea agreements. (1) The district attorney and the defendant may
14participate in discussions to reach an agreement that if the defendant enters a plea
15of guilty or no contest the district attorney shall take or refrain from taking certain
16actions, including one or more of the following:
SB82-SSA1,201,1717
(a) Moving to dismiss or amend one or more charges.
SB82-SSA1,201,1918
(b) Reading in any crime that is uncharged or that is dismissed as part of the
19agreement.
SB82-SSA1,201,2120
(c) Recommending, or agreeing not to oppose the defendant's request for, a
21particular disposition.
SB82-SSA1,201,2222
(d) Agreeing that a specific disposition is appropriate.
SB82-SSA1,201,24
23(2) The court may not participate in discussions to reach an agreement under
24this section.
SB82-SSA1,684
1Section
684. 971.08 (title) of the statutes is amended to read:
SB82-SSA1,202,3
2971.08 (title)
Pleas
Accepting pleas of guilty and or no contest;
3withdrawal thereof.
SB82-SSA1,685
4Section
685. 971.08 (1) (a) of the statutes is renumbered 971.08 (1) (ar) and
5amended to read:
SB82-SSA1,202,96
971.08
(1) (ar) Address the defendant personally and determine that the
7defendant is making the plea
is made knowingly, voluntarily
, and with
8understanding of the
meaning and effect of the plea, the nature of the
charge crime
9to which the plea is entered, and the potential punishment if convicted.
SB82-SSA1,686
10Section
686. 971.08 (1) (ag) of the statutes is created to read:
SB82-SSA1,202,1511
971.08
(1) (ag) Require the parties to disclose any plea agreement in open court
12or, on a showing of good cause, in camera. Before accepting the plea, the court may
13express any reservations it has concerning the appropriateness of any recommended
14disposition and shall advise the defendant personally that the court is not bound by
15the terms of the plea agreement.
SB82-SSA1,687
16Section
687. 971.08 (1) (am) of the statutes is created to read:
SB82-SSA1,202,1717
971.08
(1) (am) Ask the defendant to state his or her plea on the record.
SB82-SSA1,688
18Section
688. 971.08 (1) (b) of the statutes is repealed and recreated to read:
SB82-SSA1,202,2019
971.08
(1) (b) Make an inquiry sufficient to satisfy the court that there is a
20factual basis for a judgment of conviction of the crime to which the plea is entered.
SB82-SSA1,689
21Section
689. 971.08 (1) (d) of the statutes is amended to read:
SB82-SSA1,202,2322
971.08
(1) (d) Inquire of the district attorney whether he or she has complied
23with s. 971.095 (2)
and (3).
SB82-SSA1,690
24Section
690. 971.08 (3) of the statutes is repealed.
SB82-SSA1,691
25Section
691. 971.09 of the statutes is repealed and recreated to read:
SB82-SSA1,203,10
1971.09 Consolidation; plea to or read-in of crimes committed in several
2counties. (1) In general. Consolidation refers to the process by which charged or
3uncharged crimes pending in more than one county are resolved in a single
4proceeding in one county. Consolidation is a voluntary procedure, requiring the
5consent of the defendant and the district attorneys for all counties whose charges are
6resolved. Consolidated charged or uncharged crimes shall be resolved by the entry
7of a plea of guilty or no contest or by an agreement that charged or uncharged crimes
8be treated as read-in crimes. A defendant who has already been convicted of but not
9sentenced for a crime may apply for consolidation of any pending or uncharged crime
10committed.
SB82-SSA1,203,17
11(2) Application for consolidation. A defendant may apply to the district
12attorney for a county in which a charge against the defendant is pending to resolve
13in a single proceeding in one county any pending cases. In the application, the
14defendant shall describe with particularity all the crimes that the defendant seeks
15to resolve in the single proceeding, indicate the county in which each of the crimes
16was committed, and indicate the county in which the defendant requests final
17disposition.
SB82-SSA1,203,25
18(3) Notice and consent. A district attorney who receives an application under
19sub. (2) shall send a copy of the application to the district attorney for each county
20in which a crime indicated in the application was committed. A district attorney who
21receives a copy of the application may execute a written consent to having any crime
22indicated in the application that is subject to disposition in his or her county resolved
23in a proceeding in another county. If a district attorney does not consent to having
24a crime that is subject to disposition in his or her county resolved in another county,
25the crime may not be resolved under this section.
SB82-SSA1,204,6
1(4) Amending the charge; plea; read-in crimes. (a) If the district attorney to
2whom the defendant submitted the application under sub. (2) consents to resolving
3a case that is subject to disposition in his or her county in a single proceeding under
4this section, the district attorney shall file an amended complaint or information that
5charges the defendant with all crimes identified in consents executed under sub. (3)
6that are not to be treated as read-in crimes.
SB82-SSA1,204,117
(b) To resolve crimes charged in the amended complaint or information under
8par. (a) in a single proceeding, the defendant shall waive in writing or on the record
9any right to be tried in the county in which a crime charged in the amended complaint
10or information was committed and enter a plea of guilty or no contest to each crime
11charged in the amended complaint or information.
SB82-SSA1,204,1312
(c) To resolve read-in crimes under this section, the defendant shall affirm his
13or her agreement to having the crimes considered at sentencing.
SB82-SSA1,204,1614
(d) A district attorney who executed a consent under sub. (3) need not be
15present when the defendant enters his or her plea but the district attorney's written
16consent shall be filed with the court.
SB82-SSA1,204,1917
(e) A charge that originated in a county may not be amended or dismissed
18without prior written approval of the district attorney for the county in which the
19charge originated.
SB82-SSA1,205,4
20(5) Judgment. If it accepts the defendant's plea, the court shall enter judgment
21and sentence the defendant as though all crimes charged in the amended complaint
22or information were alleged to have been committed in the county where judgment
23is entered and may consider at sentencing any read-in crimes affirmed under sub.
24(4) (c). The clerk of the court for the county in which judgment is entered shall file
25a copy of the judgment of conviction with the clerk of the court for each other county
1in which charges addressed in the judgment or treated as read-in crimes originated.
2The district attorney for each of the other counties shall then move to dismiss any
3charges that are pending in his or her county against the defendant for charges
4addressed in the judgment or as treated as read-in crimes.
SB82-SSA1,205,7
5(6) Rights of crime victims. The duties of the district attorney under ch. 950
6and s. 971.095 shall be discharged by the district attorney for the county in which the
7crimes occurred, unless otherwise agreed to by the participating district attorneys.
SB82-SSA1,205,15
8(7) Prosecution costs. The county in which the plea is made shall pay the costs
9of prosecution if the defendant does not pay them, and is entitled to retain fees for
10receiving and paying to the state any fine that the defendant may pay. The clerk
11where the plea is made shall file a copy of the judgment of conviction with the clerk
12in each county where a crime covered by the plea was committed. The district
13attorney shall then move to dismiss any charges covered by the plea of guilty, which
14are pending against the defendant in the district attorney's county, and the charges
15shall be dismissed.
SB82-SSA1,692
16Section
692. 971.093 of the statutes is created to read:
SB82-SSA1,205,20
17971.093 Withdrawal of a plea of guilty or no contest. (1) Before
18sentencing. Unless the district attorney establishes substantial prejudice, the court
19shall grant a motion that is made before sentencing to withdraw a plea of guilty or
20no contest if a fair and just reason for doing so is established.
SB82-SSA1,205,24
21(2) After sentencing. The court shall grant a motion that is made after
22sentencing to withdraw a plea of guilty or no contest if the defendant did not
23knowingly, voluntarily, and understandingly enter the plea or if withdrawal is
24required to prevent manifest injustice.
SB82-SSA1,206,4
1(3) Remedy. When the court grants a motion to withdraw a plea of guilty or no
2contest under this section, the judgment of conviction is vacated, the original charge
3or charges reinstated, and the parties are restored to the position they were in before
4the plea and any related plea agreement was accepted.
SB82-SSA1,693
5Section
693. 971.095 (2) and (3) of the statutes are amended to read:
SB82-SSA1,206,136
971.095
(2) In any case in which a defendant has been charged with a crime,
7the district attorney shall, as soon as practicable, offer all of the victims in the case
8who have
so requested
the opportunity an opportunity to confer with the district
9attorney concerning the prosecution of the case and the possible outcomes of the
10prosecution, including potential plea agreements and sentencing recommendations.
11The duty to confer under this subsection does not limit the obligation of the district
12attorney to exercise his or her discretion concerning the handling of any criminal
13charge against the defendant.
SB82-SSA1,206,20
14(3) At the request of a victim, a district attorney shall make a reasonable
15attempt to provide the victim with notice of the date, time
, and place of scheduled
16court proceedings
in a case involving relating to the prosecution of a crime of which
17he or she is a victim and any changes in the date, time
, or place of a scheduled court
18proceeding for which the victim has received notice. This subsection does not apply
19to a proceeding held before the initial appearance to set conditions of release under
20ch. 969.
SB82-SSA1,694
21Section
694. Subchapter III (title) of chapter 971 [precedes 971.098] of the
22statutes is created to read:
SB82-SSA1,206,2424
Subchapter III
SB82-SSA1,207,2
1scheduling and expedition
2
of proceedings
SB82-SSA1,695
3Section
695. 971.098 of the statutes is created to read:
SB82-SSA1,207,8
4971.098 Scheduling orders; pretrial conferences. After the defendant
5enters a plea, the court may issue a scheduling order and may amend it as
6circumstances require. The order shall be in writing and may specify times for
7discovery, pretrial motions, notices of intent to offer an alibi or another defense
8required to be disclosed, pretrial conferences, trial, or other proceedings.
SB82-SSA1,696
9Section
696. 971.105 of the statutes is amended to read:
SB82-SSA1,207,18
10971.105 Child victims and witnesses; duty to expedite proceedings. In
11all criminal
and delinquency cases
, juvenile fact-finding hearings under s. 48.31 and
12juvenile dispositional hearings involving a child
as a victim
, as defined in s. 950.02
13(4), or
as a witness, as defined in s. 950.02
(5), the court and the district attorney shall
14take appropriate action to ensure a speedy trial in order to minimize the length of
15time the child must endure the stress of
the child's
his or her involvement in the
16proceeding. In ruling on any motion or other request for a delay or continuance of
17proceedings, the court shall consider and give weight to any adverse impact the delay
18or continuance may have on the well-being of a child victim or witness.
SB82-SSA1,697
19Section
697. 971.11 (1) of the statutes is amended to read:
SB82-SSA1,208,720
971.11
(1) Whenever the warden or superintendent
of a state prison receives
21notice of an untried criminal case pending in this state against an inmate of
a state 22the prison, the warden or superintendent shall, at the request of the inmate, send
23by certified mail a written request to the district attorney for prompt disposition of
24the case. The request shall state the sentence then being served
, and the date of
the
25inmate's parole eligibility,
if applicable, or the date
of release on which the inmate
1will be released to extended supervision,
or the approximate
discharge or conditional
2release date, and prior decision relating to parole date on which the inmate will be
3discharged. If the inmate is already eligible for parole, the request shall describe any
4prior decision relating to parole. If there has been no preliminary examination on
5the pending case, the request shall state whether the inmate waives
such the
6preliminary examination, and, if so, shall be accompanied by a written waiver signed
7by the inmate.
SB82-SSA1,698
8Section
698. 971.11 (2) and (3) of the statutes are consolidated, renumbered
9971.11 (2) and amended to read:
SB82-SSA1,208,2110
971.11
(2) If the crime charged
in the pending case is a felony, the district
11attorney shall either move to dismiss the
pending case or arrange a date for
12preliminary examination as soon as convenient and notify the warden or
13superintendent of the
prison thereof, date unless
such the preliminary examination
14has already been held or has been waived. After the preliminary examination or
15upon waiver
thereof of the preliminary examination, the district attorney shall file
16an information, unless it has already been filed, and mail a copy
thereof of the
17information to the warden or superintendent for service on the inmate. The district
18attorney shall bring the case on for trial within 120 days after
receipt of receiving the
19request
, subject to s. 971.10.
(3) If the crime charged
in the pending case is a
20misdemeanor, the district attorney shall either move to dismiss the
charge case or
21bring it on for trial within 90 days after
receipt of receiving the request.
SB82-SSA1,699
22Section
699. 971.11 (5) of the statutes is amended to read:
SB82-SSA1,209,223
971.11
(5) If the defendant wishes to plead guilty to cases pending in more than
24one county, the
several district attorneys involved may agree with the defendant and
1among themselves for all such pleas to be received in the appropriate court of one of
2such counties, and s. 971.09 shall govern the procedure thereon so far as applicable.
SB82-SSA1,700
3Section
700. 971.11 (6) of the statutes is amended to read:
SB82-SSA1,209,144
971.11
(6) The
prisoner shall be delivered warden or superintendent of the
5prison shall deliver the inmate into the custody of the sheriff of the county in which
6the charge is pending for transportation to the court, and the
prisoner shall be
7retained in that sheriff shall retain custody
of the inmate during all proceedings
8under this section. The sheriff shall return the
prisoner inmate to the prison upon
9the completion of the proceedings and during any adjournments or continuances and
10between the preliminary examination and the trial, except that
, if the department
11of corrections certifies a jail as being suitable to detain the
prisoner inmate, he or she
12may be detained there until the court disposes of the case. The
prisoner's inmate's 13existing sentence continues to run and he or she receives time credit under s. 302.11
14while in custody.
SB82-SSA1,701
15Section
701. 971.11 (7) of the statutes is amended to read:
SB82-SSA1,209,2316
971.11
(7) If the district attorney moves to dismiss any pending case
or if it is
17not brought on for trial to which a request under sub. (1) relates or does not bring the
18case on for trial within the time specified in sub. (2)
or (3), the
case court shall
be
19dismissed dismiss the case unless the defendant has escaped or otherwise prevented
20the trial, in which case the request for disposition of the case shall be deemed
21withdrawn and of no further legal effect. Nothing in this section prevents a trial after
22the period specified in sub. (2)
or (3) if a trial commenced within such period
23terminates in a mistrial or a new trial is granted.
SB82-SSA1,702
24Section
702. 971.12 (title) of the statutes is renumbered 970.13 (title).
SB82-SSA1,703
1Section
703. 971.12 (1) and (2) of the statutes are renumbered 970.13 (1)
2(intro.) and (2) and amended to read:
SB82-SSA1,210,63
970.13
(1) Joinder of crimes. (intro.) Two or more crimes may be charged in
4the same complaint
, or information
or indictment in a separate count for each crime
5if the crimes charged, whether felonies or misdemeanors, or both,
if each is described
6in a separate count and if any of the following applies:
SB82-SSA1,210,7
7(a) The crimes are of the same or similar character
or.
SB82-SSA1,210,8
8(b) The crimes are based on the same act or transaction
or on 2.
SB82-SSA1,210,11
9(c) The crimes are based on 2 or more acts or transactions connected together
10or constituting parts of a common scheme or plan.
When a misdemeanor is joined
11with a felony, the trial shall be in the court with jurisdiction to try the felony.
SB82-SSA1,210,17
12(2) Joinder of defendants. Two or more defendants may be charged in the
13same complaint
, or information
or indictment if they are alleged to have participated
14in the same act or transaction or in the same series of acts or transactions
15constituting one or more crimes. Such defendants may be charged in one or more
16counts together or separately
and all of the defendants need not be charged in each
17count.
SB82-SSA1,704
18Section
704. 971.12 (3) of the statutes is renumbered 971.68 (2) and amended
19to read:
SB82-SSA1,211,220
971.68
(2) Relief from prejudicial joinder. If it appears that a defendant or
21the state is prejudiced by a joinder of crimes or of defendants
in a complaint,
22information or indictment or by such joinder for trial together, the court may order
23separate trials of
counts, grant a severance of
charges or defendants or provide
24whatever other relief justice requires.
The district attorney shall advise the court
25prior to trial if the district attorney intends to use the statement of a codefendant
1which implicates another defendant in the crime charged. Thereupon, the judge
2shall grant a severance as to any such defendant.
SB82-SSA1,705
3Section
705. 971.12 (4) of the statutes is renumbered 971.67, and 971.67
4(title), as renumbered, is amended to read:
SB82-SSA1,211,5
5971.67 (title)
Trial together Joint trial of separate charges.
SB82-SSA1,706
6Section
706. 971.13 of the statutes is renumbered 971.80, and 971.80 (3) and
7(4), as renumbered, are amended to read:
SB82-SSA1,211,118
971.80
(3) The fact that a defendant is not competent to proceed does not
9preclude any legal objection to the prosecution under s.
971.31 which 971.65 that is
10susceptible of fair determination prior to trial and without the personal participation
11of the defendant.
SB82-SSA1,211,16
12(4) The fact that a defendant is not competent to proceed does not preclude a
13hearing under s.
968.38 968.725 (4) or (5) unless the
court cannot fairly make the 14probable cause finding required
to be made at the hearing cannot be fairly made 15under s. 968.725 (4) or (5), whichever is applicable, without the personal
16participation of the defendant.
SB82-SSA1,707
17Section
707. 971.14 of the statutes is renumbered 971.81, and 971.81 (1r) (c)
18and (6) (d), as renumbered, are amended to read:
SB82-SSA1,212,519
971.81
(1r) (c) Except as provided in par. (b), the court shall not proceed under
20sub. (2) until it has found that it is probable that the defendant committed the offense
21charged. The finding may be based upon the complaint or, if the defendant submits
22an affidavit alleging with particularity that the averments of the complaint are
23materially false, upon the complaint and the evidence presented at a hearing ordered
24by the court. The defendant may call and cross-examine witnesses at a hearing
25under this paragraph but the court shall limit the issues and witnesses to those
1required for determining probable cause. Upon a showing by the proponent of good
2cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing
3by telephone or live audiovisual means. If the court finds that any charge lacks
4probable cause, it shall dismiss the charge without prejudice and release the
5defendant except as provided in s.
971.31 (6)
971.65 (5).
SB82-SSA1,212,15
6(6) (d) Counsel who have received notice under par. (c) or who otherwise obtain
7information that a defendant discharged under par. (a) may have become competent
8may move the court to order that the defendant undergo a competency examination
9under sub. (2). If the court so orders, a report shall be filed under sub. (3) and a
10hearing held under sub. (4). If the court determines that the defendant is competent,
11the criminal proceeding shall be resumed. If the court determines that the defendant
12is not competent, it shall release him or her but may impose such reasonable
13nonmonetary conditions as will protect the public and enable the court and district
14attorney to discover whether the
person defendant subsequently becomes
15competent.
SB82-SSA1,708
16Section
708. 971.15 of the statutes is renumbered 971.82, and 971.82 (2), as
17renumbered, is amended to read:
SB82-SSA1,212,2018
971.82
(2) As used in this chapter, the
terms term "mental disease or defect"
19do does not include an abnormality manifested only by repeated criminal or
20otherwise antisocial conduct.