Amendment SSA1-SB82

SB82-SSA1,205,24 (2) After sentencing. The court shall grant a motion that is made after sentencing to withdraw a plea of guilty or no contest if the defendant did not knowingly, voluntarily, and understandingly enter the plea or if withdrawal is required to prevent manifest injustice.

SB82-SSA1,206,4 (3) Remedy. When the court grants a motion to withdraw a plea of guilty or no contest under this section, the judgment of conviction is vacated, the original charge or charges reinstated, and the parties are restored to the position they were in before the plea and any related plea agreement was accepted.

SB82-SSA1,693 Section 693. 971.095 (2) and (3) of the statutes are amended to read:

SB82-SSA1,206,13 971.095 (2) In any case in which a defendant has been charged with a crime, the district attorney shall, as soon as practicable, offer all of the victims in the case who have so requested the opportunity an opportunity to confer with the district attorney concerning the prosecution of the case and the possible outcomes of the prosecution, including potential plea agreements and sentencing recommendations. The duty to confer under this subsection does not limit the obligation of the district attorney to exercise his or her discretion concerning the handling of any criminal charge against the defendant.

SB82-SSA1,206,20 (3) At the request of a victim, a district attorney shall make a reasonable attempt to provide the victim with notice of the date, time, and place of scheduled court proceedings in a case involving relating to the prosecution of a crime of which he or she is a victim and any changes in the date, time, or place of a scheduled court proceeding for which the victim has received notice. This subsection does not apply to a proceeding held before the initial appearance to set conditions of release under ch. 969.

SB82-SSA1,694 Section 694. Subchapter III (title) of chapter 971 [precedes 971.098] of the statutes is created to read:

SB82-SSA1,206,23 chapter 971

SB82-SSA1,206,24 Subchapter III

SB82-SSA1,207,2 scheduling and expedition of proceedings

SB82-SSA1,695 Section 695. 971.098 of the statutes is created to read:

SB82-SSA1,207,8 971.098 Scheduling orders; pretrial conferences. After the defendant enters a plea, the court may issue a scheduling order and may amend it as circumstances require. The order shall be in writing and may specify times for discovery, pretrial motions, notices of intent to offer an alibi or another defense required to be disclosed, pretrial conferences, trial, or other proceedings.

SB82-SSA1,696 Section 696. 971.105 of the statutes is amended to read:

SB82-SSA1,207,18 971.105 Child victims and witnesses; duty to expedite proceedings. In all criminal and delinquency cases, juvenile fact-finding hearings under s. 48.31 and juvenile dispositional hearings involving a child as a victim, as defined in s. 950.02 (4), or as a witness, as defined in s. 950.02 (5), the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of the child's his or her involvement in the proceeding. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.

SB82-SSA1,697 Section 697. 971.11 (1) of the statutes is amended to read:

SB82-SSA1,208,7 971.11 (1) Whenever the warden or superintendent of a state prison receives notice of an untried criminal case pending in this state against an inmate of a state the prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served , and the date of the inmate's parole eligibility, if applicable, or the date of release on which the inmate will be released to extended supervision, or the approximate discharge or conditional release date, and prior decision relating to parole date on which the inmate will be discharged. If the inmate is already eligible for parole, the request shall describe any prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such the preliminary examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

SB82-SSA1,698 Section 698. 971.11 (2) and (3) of the statutes are consolidated, renumbered 971.11 (2) and amended to read:

SB82-SSA1,208,21 971.11 (2) If the crime charged in the pending case is a felony, the district attorney shall either move to dismiss the pending case or arrange a date for preliminary examination as soon as convenient and notify the warden or superintendent of the prison thereof, date unless such the preliminary examination has already been held or has been waived. After the preliminary examination or upon waiver thereof of the preliminary examination, the district attorney shall file an information, unless it has already been filed, and mail a copy thereof of the information to the warden or superintendent for service on the inmate. The district attorney shall bring the case on for trial within 120 days after receipt of receiving the request, subject to s. 971.10. (3) If the crime charged in the pending case is a misdemeanor, the district attorney shall either move to dismiss the charge case or bring it on for trial within 90 days after receipt of receiving the request.

SB82-SSA1,699 Section 699. 971.11 (5) of the statutes is amended to read:

SB82-SSA1,209,2 971.11 (5) If the defendant wishes to plead guilty to cases pending in more than one county, the several district attorneys involved may agree with the defendant and among themselves for all such pleas to be received in the appropriate court of one of such counties, and s. 971.09 shall govern the procedure thereon so far as applicable.

SB82-SSA1,700 Section 700. 971.11 (6) of the statutes is amended to read:

SB82-SSA1,209,14 971.11 (6) The prisoner shall be delivered warden or superintendent of the prison shall deliver the inmate into the custody of the sheriff of the county in which the charge is pending for transportation to the court, and the prisoner shall be retained in that sheriff shall retain custody of the inmate during all proceedings under this section. The sheriff shall return the prisoner inmate to the prison upon the completion of the proceedings and during any adjournments or continuances and between the preliminary examination and the trial, except that, if the department of corrections certifies a jail as being suitable to detain the prisoner inmate, he or she may be detained there until the court disposes of the case. The prisoner's inmate's existing sentence continues to run and he or she receives time credit under s. 302.11 while in custody.

SB82-SSA1,701 Section 701. 971.11 (7) of the statutes is amended to read:

SB82-SSA1,209,23 971.11 (7) If the district attorney moves to dismiss any pending case or if it is not brought on for trial to which a request under sub. (1) relates or does not bring the case on for trial within the time specified in sub. (2) or (3), the case court shall be dismissed dismiss the case unless the defendant has escaped or otherwise prevented the trial, in which case the request for disposition of the case shall be deemed withdrawn and of no further legal effect. Nothing in this section prevents a trial after the period specified in sub. (2) or (3) if a trial commenced within such period terminates in a mistrial or a new trial is granted.

SB82-SSA1,702 Section 702. 971.12 (title) of the statutes is renumbered 970.13 (title).

SB82-SSA1,703 Section 703. 971.12 (1) and (2) of the statutes are renumbered 970.13 (1) (intro.) and (2) and amended to read:

SB82-SSA1,210,6 970.13 (1) Joinder of crimes. (intro.) Two or more crimes may be charged in the same complaint, or information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors, or both, if each is described in a separate count and if any of the following applies:

SB82-SSA1,210,7 (a) The crimes are of the same or similar character or.

SB82-SSA1,210,8 (b) The crimes are based on the same act or transaction or on 2.

SB82-SSA1,210,11 (c) The crimes are based on 2 or more acts or transactions connected together or constituting parts of a common scheme or plan. When a misdemeanor is joined with a felony, the trial shall be in the court with jurisdiction to try the felony.

SB82-SSA1,210,17 (2) Joinder of defendants. Two or more defendants may be charged in the same complaint, or information or indictment if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting one or more crimes. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.

SB82-SSA1,704 Section 704. 971.12 (3) of the statutes is renumbered 971.68 (2) and amended to read:

SB82-SSA1,211,2 971.68 (2) Relief from prejudicial joinder. If it appears that a defendant or the state is prejudiced by a joinder of crimes or of defendants in a complaint, information or indictment or by such joinder for trial together, the court may order separate trials of counts, grant a severance of charges or defendants or provide whatever other relief justice requires. The district attorney shall advise the court prior to trial if the district attorney intends to use the statement of a codefendant which implicates another defendant in the crime charged. Thereupon, the judge shall grant a severance as to any such defendant.

SB82-SSA1,705 Section 705. 971.12 (4) of the statutes is renumbered 971.67, and 971.67 (title), as renumbered, is amended to read:

SB82-SSA1,211,5 971.67 (title) Trial together Joint trial of separate charges.

SB82-SSA1,706 Section 706. 971.13 of the statutes is renumbered 971.80, and 971.80 (3) and (4), as renumbered, are amended to read:

SB82-SSA1,211,11 971.80 (3) The fact that a defendant is not competent to proceed does not preclude any legal objection to the prosecution under s. 971.31 which 971.65 that is susceptible of fair determination prior to trial and without the personal participation of the defendant.

SB82-SSA1,211,16 (4) The fact that a defendant is not competent to proceed does not preclude a hearing under s. 968.38 968.725 (4) or (5) unless the court cannot fairly make the probable cause finding required to be made at the hearing cannot be fairly made under s. 968.725 (4) or (5), whichever is applicable, without the personal participation of the defendant.

SB82-SSA1,707 Section 707. 971.14 of the statutes is renumbered 971.81, and 971.81 (1r) (c) and (6) (d), as renumbered, are amended to read:

SB82-SSA1,212,5 971.81 (1r) (c) Except as provided in par. (b), the court shall not proceed under sub. (2) until it has found that it is probable that the defendant committed the offense charged. The finding may be based upon the complaint or, if the defendant submits an affidavit alleging with particularity that the averments of the complaint are materially false, upon the complaint and the evidence presented at a hearing ordered by the court. The defendant may call and cross-examine witnesses at a hearing under this paragraph but the court shall limit the issues and witnesses to those required for determining probable cause. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audiovisual means. If the court finds that any charge lacks probable cause, it shall dismiss the charge without prejudice and release the defendant except as provided in s. 971.31 (6) 971.65 (5).

SB82-SSA1,212,15 (6) (d) Counsel who have received notice under par. (c) or who otherwise obtain information that a defendant discharged under par. (a) may have become competent may move the court to order that the defendant undergo a competency examination under sub. (2). If the court so orders, a report shall be filed under sub. (3) and a hearing held under sub. (4). If the court determines that the defendant is competent, the criminal proceeding shall be resumed. If the court determines that the defendant is not competent, it shall release him or her but may impose such reasonable nonmonetary conditions as will protect the public and enable the court and district attorney to discover whether the person defendant subsequently becomes competent.

SB82-SSA1,708 Section 708. 971.15 of the statutes is renumbered 971.82, and 971.82 (2), as renumbered, is amended to read:

SB82-SSA1,212,20 971.82 (2) As used in this chapter, the terms term "mental disease or defect" do does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

SB82-SSA1,709 Section 709. 971.16 of the statutes is renumbered 971.83.

SB82-SSA1,710 Section 710. 971.165 of the statutes is renumbered 971.84, and 971.84 (3) (a) and (b), as renumbered, are amended to read:

SB82-SSA1,213,3 971.84 (3) (a) If a defendant is not found not guilty by reason of mental disease or defect, the court shall enter a judgment of conviction and shall either impose or withhold sentence under s. 972.13 978.28 (2).

SB82-SSA1,213,8 (b) If a defendant is found not guilty by reason of mental disease or defect, the court shall enter a judgment of not guilty by reason of mental disease or defect. The court shall thereupon proceed under s. 971.17 971.85. A judgment entered under this paragraph is interlocutory to the commitment order entered under s. 971.17 971.85 and reviewable upon appeal therefrom.

SB82-SSA1,711 Section 711. 971.17 of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 971.85, and 971.85 (2) (a) and (3) (b) and (c), as renumbered, are amended to read:

SB82-SSA1,213,19 971.85 (2) (a) The court shall enter an initial commitment order under this section pursuant to a hearing held as soon as practicable after the judgment of not guilty by reason of mental disease or mental defect is entered. If the court lacks sufficient information to make the determination required by sub. (3) immediately after trial, it may adjourn the hearing and order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 973.004 or a supplementary mental examination or both, to assist the court in framing the commitment order.

SB82-SSA1,214,2 (3) (b) If the state proves by clear and convincing evidence that the person is not competent to refuse medication or treatment for the person's mental condition, under the standard specified in s. 971.16 971.83 (3), the court shall issue, as part of the commitment order, an order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards.

SB82-SSA1,215,6 (c) If the court order specifies institutional care, the department of health services shall place the person in an institution under s. 51.37 (3) that the department considers appropriate in light of the rehabilitative services required by the person and the protection of public safety. If the person is not subject to a court order determining the person to be not competent to refuse medication or treatment for the person's mental condition and if the institution in which the person is placed determines that the person should be subject to such a court order, the institution may file with the court, with notice to the person and his or her counsel and the district attorney, a motion for a hearing, under the standard specified in s. 971.16 971.83 (3), on whether the person is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the person needs medication or treatment and that the person is not competent to refuse medication or treatment, based on an examination of the person by a licensed physician. Within 10 days after a motion is filed under this paragraph, the court shall determine the person's competency to refuse medication or treatment for the person's mental condition. At the request of the person, his or her counsel or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph. If the district attorney, the person and his or her counsel waive their respective opportunities to present other evidence on the issue, the court shall determine the person's competency to refuse medication or treatment on the basis of the report accompanying the motion. In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. If the state proves by evidence that is clear and convincing that the person is not competent to refuse medication or treatment, under the standard specified in s. 971.16 971.83 (3), the court shall order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards.

SB82-SSA1,712 Section 712. 971.18 of the statutes is renumbered 971.86.

SB82-SSA1,713 Section 713. 971.19 of the statutes, as affected by 2015 Wisconsin Act 89, is renumbered 970.14, and 970.14 (title), (1), (2), (3), (4), (5), (6), (8), (9) (intro.), (10), (11) and (12), as renumbered, are amended to read:

SB82-SSA1,215,13 970.14 (title) Place of trial Venue. (1) Criminal actions Trials shall be tried in the county where the crime was committed, except as otherwise provided in this section or in s. 971.09.

SB82-SSA1,215,17 (2) Where 2 or more acts are requisite to the commission of any offense crime requires 2 or more acts, the trial may be in any county in which any of such acts occurred. In a case involving a charge of conspiracy under s. 939.31, the trial may be in any county in which a conspiratorial act took place.

SB82-SSA1,215,20 (3) Where an offense a crime is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried trial may be in any of such counties.

SB82-SSA1,215,25 (4) If a crime is committed in, on, by use of, or against any vehicle passing through or within this state, and it cannot readily be determined in which county the crime was committed, the defendant may be tried trial may be in any county through which such vehicle has passed or in the county where the defendant's travel commenced or terminated in which the vehicle has traveled.

SB82-SSA1,216,4 (5) If the act causing death is in one county and the death ensues in another, the defendant may be tried trial may be in either county. If neither location can readily be determined, the defendant may be tried trial may be in the county where the body is found.

SB82-SSA1,216,7 (6) If an offense is commenced outside the state and is consummated within the state, the defendant may be tried trial may be in the county where the offense was consummated.

SB82-SSA1,216,10 (8) In an action for a violation of s. 948.31, the defendant may be tried trial may be in the county where the crime was committed or the county of lawful residence of the child.

SB82-SSA1,216,16 (9) (intro.) In an action under s. 301.45 (6) (a) or (ag), the defendant may be tried trial may be in the defendant's county of residence at the time that the complaint is filed. If the defendant does not have a county of residence in this state at the time that the complaint is filed, or if the defendant's county of residence is unknown at the time that the complaint is filed, defendant may be tried trial may be in any of the following counties:

SB82-SSA1,216,23 (10) In an action under s. 23.33 (2h), 30.547, or 350.12 (3i) for intentionally falsifying an application for a certificate of number, a registration, or a certificate of title, the defendant may be tried trial may be in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the all-terrain vehicle, utility terrain vehicle, boat, or snowmobile if purchased from a dealer or the county where the department of natural resources received the application.

SB82-SSA1,217,4 (11) In an action under s. 943.201, the defendant may be tried trial may be in the county where the victim or intended victim resided at the time of the offense or in any other county designated under this section. In an action under s. 943.203, the defendant may be tried trial may be in the county where the victim or intended victim was located at the time of the offense or in any other county designated under this section.

SB82-SSA1,217,13 (12) Except as provided in s. 971.223 971.72, in an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 a defendant who is trial for a resident of this state shall be tried in circuit the court for the county where the defendant person resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

SB82-SSA1,714 Section 714. 971.20 of the statutes is renumbered 967.16, and 967.16 (9) and (10), as renumbered, are amended to read:

SB82-SSA1,217,19 967.16 (9) Judge's authority to act. Upon the filing of a request for substitution in proper form and within the proper time, the judge whose substitution has been requested has no authority to act further in the action except to conduct the initial appearance, accept pleas, and set bail conditions of release.

SB82-SSA1,217,21 (10) Form of request. A request for substitution of a judge may be made in the following form:

SB82-SSA1,217,22 STATE OF WISCONSIN

SB82-SSA1,217,23 CIRCUIT COURT

SB82-SSA1,217,24 .... County

SB82-SSA1,217,25 State of Wisconsin

SB82-SSA1,218,1 vs.

SB82-SSA1,218,2 ....(Defendant)

SB82-SSA1,218,4 Pursuant to s. 971.20 967.16 the defendant (or defendants) request (s) a substitution for the Hon. .... as judge in the above entitled action.

SB82-SSA1,218,5 Dated ...., .... (year)

SB82-SSA1,218,6 ....(Signature of defendant or defendant's attorney)

SB82-SSA1,715 Section 715. 971.22 of the statutes is renumbered 971.70, and 971.70 (2) and (3), as renumbered, are amended to read:

SB82-SSA1,218,11 971.70 (2) The motion shall be in writing and supported by an affidavit which shall state stating evidentiary facts showing the nature of the prejudice alleged. The district attorney may file counter affidavits.

SB82-SSA1,218,23 (3) If the court determines that there exists prejudice in the county where the action is pending such prejudice that will prevent a fair trial cannot be had, it shall order that conduct the trial be held in any county where an impartial a fair trial can be had. Only one change may be granted under this subsection. The judge who orders the change in the place of trial shall preside at the trial. Preliminary matters prior to trial may be conducted in either county at the discretion of the court. The judge or, if the requirements under s. 971.71 (1) are satisfied, order the selection of a jury from another county under s. 971.71 (2). If the court conducts the trial in another county, it shall determine where the defendant, if he or she is in custody, shall be held and where the record shall be kept. If the criteria under s. 971.225 (1) (a) to (c) exist, the court may proceed under s. 971.225 (2) The court, in its discretion, may conduct pretrial matters in either county.

SB82-SSA1,716 Section 716. 971.223 of the statutes is renumbered 971.72, and 971.72 (3) and (4), as renumbered, are amended to read:

SB82-SSA1,219,3 971.72 (3) This section does not affect which prosecutor has responsibility under s. 978.05 (1) to prosecute criminal actions arising from violations described under sub. (1).

SB82-SSA1,219,6 (4) This section does not affect the application of s. 971.22 971.70. In actions described under sub. (1), the court may enter an order under s. 971.225 971.71 only if the order is agreed to by the defendant.

SB82-SSA1,717 Section 717. 971.225 (title) of the statutes is renumbered 971.71 (title).

SB82-SSA1,718 Section 718. 971.225 (1) (intro.), (a) and (c) of the statutes are renumbered 971.71 (1) (intro.), (a) and (b), and 971.71 (1) (intro.) and (a), as renumbered, are amended to read:

SB82-SSA1,219,13 971.71 (1) (intro.) In lieu of If there are grounds for changing the place of trial under s. 971.22 (3) or 971.223 971.70 (3) or 971.72 and all of the following conditions are satisfied, the court may require the selection of a jury under sub. (2) if:

SB82-SSA1,219,15 (a) The court has decided to sequester the jurors after the commencement of the trial, as provided in s. 972.12; 972.05.

SB82-SSA1,719 Section 719. 971.225 (1) (b) of the statutes is repealed.

SB82-SSA1,720 Section 720. 971.225 (2) of the statutes is renumbered 971.71 (2) and amended to read:

SB82-SSA1,219,23 971.71 (2) If the court decides to proceed under this section it shall follow the procedure under s. 971.22 971.70 until the jury is chosen in the 2nd county. At that time, the proceedings shall return to the original county using the jurors selected in the 2nd county. The original county shall reimburse the 2nd county for all applicable costs under s. 814.22.

SB82-SSA1,721 Section 721. 971.23 of the statutes is renumbered 971.43, and 971.43 (1) (a) and (bm), (5), (6) and (6c), as renumbered, are amended to read: