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.
SB82-SSA1,709
21Section
709. 971.16 of the statutes is renumbered 971.83.
SB82-SSA1,710
22Section
710. 971.165 of the statutes is renumbered 971.84, and 971.84 (3) (a)
23and (b), as renumbered, are amended to read:
SB82-SSA1,213,3
1971.84
(3) (a) If a defendant is not found not guilty by reason of mental disease
2or defect, the court shall enter a judgment of conviction and shall either impose or
3withhold sentence under s.
972.13 978.28 (2).
SB82-SSA1,213,84
(b) If a defendant is found not guilty by reason of mental disease or defect, the
5court shall enter a judgment of not guilty by reason of mental disease or defect. The
6court shall thereupon proceed under s.
971.17
971.85. A judgment entered under this
7paragraph is interlocutory to the commitment order entered under s.
971.17 971.85 8and reviewable upon appeal
therefrom.
SB82-SSA1,711
9Section
711. 971.17 of the statutes, as affected by
2013 Wisconsin Act 20, is
10renumbered 971.85, and 971.85 (2) (a) and (3) (b) and (c), as renumbered, are
11amended to read:
SB82-SSA1,213,1912
971.85
(2) (a) The court shall enter an initial commitment order under this
13section pursuant to a hearing held as soon as practicable after the judgment of not
14guilty by reason of mental disease or mental defect is entered. If the court lacks
15sufficient information to make the determination required by sub. (3) immediately
16after trial, it may adjourn the hearing and order the department of health services
17to conduct a predisposition investigation using the procedure in s.
972.15 973.004 or
18a supplementary mental examination or both, to assist the court in framing the
19commitment order.
SB82-SSA1,214,2
20(3) (b) If the state proves by clear and convincing evidence that the person is
21not competent to refuse medication or treatment for the person's mental condition,
22under the standard specified in s.
971.16 971.83 (3), the court shall issue, as part of
23the commitment order, an order that the person is not competent to refuse
24medication or treatment for the person's mental condition and that whoever
1administers the medication or treatment to the person shall observe appropriate
2medical standards.
SB82-SSA1,215,63
(c) If the court order specifies institutional care, the department of health
4services shall place the person in an institution under s. 51.37 (3) that the
5department considers appropriate in light of the rehabilitative services required by
6the person and the protection of public safety. If the person is not subject to a court
7order determining the person to be not competent to refuse medication or treatment
8for the person's mental condition and if the institution in which the person is placed
9determines that the person should be subject to such a court order, the institution
10may file with the court, with notice to the person and his or her counsel and the
11district attorney, a motion for a hearing, under the standard specified in s.
971.16 12971.83 (3), on whether the person is not competent to refuse medication or treatment.
13A report on which the motion is based shall accompany the motion and notice of
14motion and shall include a statement signed by a licensed physician that asserts that
15the person needs medication or treatment and that the person is not competent to
16refuse medication or treatment, based on an examination of the person by a licensed
17physician. Within 10 days after a motion is filed under this paragraph, the court
18shall determine the person's competency to refuse medication or treatment for the
19person's mental condition. At the request of the person, his or her counsel or the
20district attorney, the hearing may be postponed, but in no case may the postponed
21hearing be held more than 20 days after a motion is filed under this paragraph. If
22the district attorney, the person and his or her counsel waive their respective
23opportunities to present other evidence on the issue, the court shall determine the
24person's competency to refuse medication or treatment on the basis of the report
25accompanying the motion. In the absence of these waivers, the court shall hold an
1evidentiary hearing on the issue. If the state proves by evidence that is clear and
2convincing that the person is not competent to refuse medication or treatment, under
3the standard specified in s.
971.16 971.83 (3), the court shall order that the person
4is not competent to refuse medication or treatment for the person's mental condition
5and that whoever administers the medication or treatment to the person shall
6observe appropriate medical standards.
SB82-SSA1,712
7Section
712. 971.18 of the statutes is renumbered 971.86.
SB82-SSA1,713
8Section
713. 971.19 of the statutes, as affected by
2015 Wisconsin Act 89, is
9renumbered 970.14, and 970.14 (title), (1), (2), (3), (4), (5), (6), (8), (9) (intro.), (10),
10(11) and (12), as renumbered, are amended to read:
SB82-SSA1,215,13
11970.14 (title)
Place of trial Venue. (1)
Criminal actions Trials shall be
tried 12in the county where the crime was committed, except as
otherwise provided
in this
13section or in s. 971.09.
SB82-SSA1,215,17
14(2) Where
2 or more acts are requisite to the commission of any
offense crime
15requires 2 or more acts, the trial may be in any county in which any of such acts
16occurred.
In a case involving a charge of conspiracy under s. 939.31, the trial may
17be in any county in which a conspiratorial act took place.
SB82-SSA1,215,20
18(3) Where
an offense a crime is committed on or within one-fourth of a mile of
19the boundary of 2 or more counties, the
defendant may be tried trial may be in any
20of such counties.
SB82-SSA1,215,25
21(4) If a crime is committed in, on
, by use of, or against any vehicle passing
22through or within this state, and it cannot readily be determined in which county the
23crime was committed, the
defendant may be tried
trial may be in any county
through
24which such vehicle has passed or in the county where the defendant's travel
25commenced or terminated in which the vehicle has traveled.
SB82-SSA1,216,4
1(5) If the act causing death is in one county and the death ensues in another,
2the
defendant may be tried trial may be in either county. If neither location can
3readily be determined, the
defendant may be tried trial may be in the county where
4the body is found.
SB82-SSA1,216,7
5(6) If an offense is commenced outside the state and is consummated within
6the state, the
defendant may be tried trial may be in the county where the offense
7was consummated.
SB82-SSA1,216,10
8(8) In an action for a violation of s. 948.31, the
defendant may be tried trial may
9be in the county where the crime was committed or the county of lawful residence of
10the child.
SB82-SSA1,216,16
11(9) (intro.) In an action under s. 301.45 (6) (a) or (ag), the
defendant may be tried 12trial may be in the defendant's county of residence at the time that the complaint is
13filed. If the defendant does not have a county of residence in this state at the time
14that the complaint is filed, or if the defendant's county of residence is unknown at the
15time that the complaint is filed,
defendant may be tried trial may be in any of the
16following counties:
SB82-SSA1,216,23
17(10) In an action under s. 23.33 (2h), 30.547, or 350.12 (3i) for intentionally
18falsifying an application for a certificate of number, a registration, or a certificate of
19title, the
defendant may be tried trial may be in the defendant's county of residence
20at the time that the complaint is filed, in the county where the defendant purchased
21the all-terrain vehicle, utility terrain vehicle, boat, or snowmobile if purchased from
22a dealer or the county where the department of natural resources received the
23application.
SB82-SSA1,217,4
24(11) In an action under s. 943.201, the
defendant may be tried trial may be in
25the county where the victim or intended victim resided at the time of the offense or
1in any other county designated under this section. In an action under s. 943.203, the
2defendant may be tried trial may be in the county where the victim or intended victim
3was located at the time of the offense or in any other county designated under this
4section.
SB82-SSA1,217,13
5(12) Except as provided in s.
971.223 971.72, in an action for a violation of chs.
65 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law
7arising from or in relation to the official functions of the subject of the investigation
8or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to
912, subch. III of ch. 13, or subch. III of ch. 19 a
defendant who is trial for a resident
10of this state shall be
tried in
circuit the court for the county where the
defendant 11person resides. For purposes of this subsection, a person other than a natural person
12resides within a county if the person's principal place of operation is located within
13that county.
SB82-SSA1,714
14Section
714. 971.20 of the statutes is renumbered 967.16, and 967.16 (9) and
15(10), as renumbered, are amended to read:
SB82-SSA1,217,1916
967.16
(9) Judge's authority to act. Upon the filing of a request for
17substitution in proper form and within the proper time, the judge whose substitution
18has been requested has no authority to act further in the action except to conduct the
19initial appearance, accept pleas
, and set
bail conditions of release.
SB82-SSA1,217,21
20(10) Form of request. A request for substitution of a judge may be made in the
21following form:
SB82-SSA1,217,2222
STATE OF WISCONSIN
SB82-SSA1,217,2323
CIRCUIT COURT
SB82-SSA1,217,2525
State of Wisconsin
SB82-SSA1,218,22
....(Defendant)
SB82-SSA1,218,43
Pursuant to s.
971.20 967.16 the defendant (or defendants) request (s) a
4substitution for the Hon. .... as judge in the above entitled action.
SB82-SSA1,218,55
Dated ...., .... (year)
SB82-SSA1,218,66
....(Signature of defendant or defendant's attorney)
SB82-SSA1,715
7Section
715. 971.22 of the statutes is renumbered 971.70, and 971.70 (2) and
8(3), as renumbered, are amended to read:
SB82-SSA1,218,119
971.70
(2) The motion shall be in writing and supported by
an affidavit
which
10shall state stating evidentiary facts showing the nature of the prejudice alleged. The
11district attorney may file counter affidavits.
SB82-SSA1,218,23
12(3) If the court determines that
there exists prejudice in the county where the
13action is pending
such prejudice that will prevent a fair trial
cannot be had, it shall
14order that conduct the trial
be held in any county where
an impartial
a fair trial can
15be had
. Only one change may be granted under this subsection. The judge who
16orders the change in the place of trial shall preside at the trial. Preliminary matters
17prior to trial may be conducted in either county at the discretion of the court. The
18judge or, if the requirements under s. 971.71 (1) are satisfied, order the selection of
19a jury from another county under s. 971.71 (2). If the court conducts the trial in
20another county, it shall determine where the defendant, if he or she is in custody,
21shall be held and where the record shall be kept.
If the criteria under s. 971.225 (1)
22(a) to (c) exist, the court may proceed under s. 971.225 (2)
The court, in its discretion,
23may conduct pretrial matters in either county.
SB82-SSA1,716
24Section
716. 971.223 of the statutes is renumbered 971.72, and 971.72 (3) and
25(4), as renumbered, are amended to read:
SB82-SSA1,219,3
1971.72
(3) This section does not affect which prosecutor has responsibility
2under s. 978.05 (1) to prosecute criminal actions
arising from violations described 3under sub. (1).
SB82-SSA1,219,6
4(4) This section does not affect the application of s.
971.22 971.70. In actions
5described under sub. (1), the court may enter an order under s.
971.225 971.71 only
6if the order is agreed to by the defendant.
SB82-SSA1,717
7Section
717. 971.225 (title) of the statutes is renumbered 971.71 (title).
SB82-SSA1,718
8Section
718. 971.225 (1) (intro.), (a) and (c) of the statutes are renumbered
9971.71 (1) (intro.), (a) and (b), and 971.71 (1) (intro.) and (a), as renumbered, are
10amended to read:
SB82-SSA1,219,1311
971.71
(1) (intro.)
In lieu of
If there are grounds for changing the place of trial
12under s.
971.22 (3) or 971.223 971.70 (3) or 971.72 and all of the following conditions
13are satisfied, the court may require the selection of a jury under sub. (2)
if:
SB82-SSA1,219,1514
(a) The court has decided to sequester the jurors after the commencement of
15the trial, as provided in s.
972.12; 972.05.
SB82-SSA1,719
16Section
719. 971.225 (1) (b) of the statutes is repealed.
SB82-SSA1,720
17Section
720. 971.225 (2) of the statutes is renumbered 971.71 (2) and amended
18to read:
SB82-SSA1,219,2319
971.71
(2) If the court decides to proceed under this section it shall follow the
20procedure under s.
971.22 971.70 until the jury is chosen in the 2nd county. At that
21time, the proceedings shall return to the original county using the jurors selected in
22the 2nd county. The original county shall reimburse the 2nd county for all applicable
23costs under s. 814.22.
SB82-SSA1,721
24Section
721. 971.23 of the statutes is renumbered 971.43, and 971.43 (1) (a)
25and (bm), (5), (6) and (6c), as renumbered, are amended to read:
SB82-SSA1,220,4
1971.43
(1) (a) Any written or recorded statement concerning the alleged crime
2made by the defendant, including the testimony of the defendant in a secret
3proceeding under s.
968.26 968.105 or before a grand jury, and the names of
4witnesses to the defendant's written statements.
SB82-SSA1,220,65
(bm) Evidence obtained in the manner described under s.
968.31 968.345 (2)
6(b), if the district attorney intends to use the evidence at trial.
SB82-SSA1,220,10
7(5) Scientific testing. On motion of a party subject to s.
971.31 (5) 971.65 (2)
8(b), the court may order the production of any item of physical evidence which is
9intended to be introduced at the trial for scientific analysis under such terms and
10conditions as the court prescribes.
SB82-SSA1,220,19
11(6) Protective order. Upon motion of a party, the court may at any time order
12that discovery, inspection or the listing of witnesses required under this section be
13denied, restricted or deferred, or make other appropriate orders. If the district
14attorney or defense counsel certifies that to list a witness may subject the witness
15or others to physical or economic harm or coercion, the court may order that the
16deposition of the witness be taken pursuant to s.
967.04 967.21 (2) to (6). The name
17of the witness need not be divulged prior to the taking of such deposition. If the
18witness becomes unavailable or changes his or her testimony, the deposition shall be
19admissible at trial as substantive evidence.
SB82-SSA1,220,22
20(6c) Interviews of victims by defense. Except as provided in s.
967.04 967.21,
21the defendant or his or her attorney may not compel a victim of a crime to submit to
22a pretrial interview or deposition.