SB82-SSA1,740
8Section
740. 971.31 (9) of the statutes is renumbered 967.15 and amended to
9read:
SB82-SSA1,224,11
10967.15 Service upon defendant. A
pleading or motion required to be served
11on a defendant may be served upon the defendant's attorney of record.
SB82-SSA1,741
12Section
741. 971.31 (10) of the statutes is repealed.
SB82-SSA1,742
13Section
742. 971.31 (11) of the statutes is renumbered 971.65 (6) and amended
14to read:
SB82-SSA1,224,2115
971.65
(6) Prior sexual conduct evidence. In actions under s. 940.225, 948.02,
16948.025,
948.05, 948.051,
948.06, 948.085, or 948.095, or under s. 940.302 (2), if the
17court finds that the crime was sexually motivated, as defined in s. 980.01 (5),
18evidence
which that is admissible under s.
972.11 (2) 904.045 must be determined
19by the court upon pretrial motion to be material to a fact at issue in the case and of
20sufficient probative value to outweigh its inflammatory and prejudicial nature
21before it may be introduced at trial.
SB82-SSA1,743
22Section
743. 971.31 (12) of the statutes is renumbered 971.65 (7) and amended
23to read:
SB82-SSA1,225,3
1971.65
(7) Evidence of personal or medical history. In actions under s.
2940.22, the court may determine the admissibility of evidence under s.
972.11 940.22
3(6) only upon a pretrial motion.
SB82-SSA1,744
4Section
744. 971.31 (13) of the statutes is renumbered 971.77, and 971.77 (2),
5as renumbered, is amended to read:
SB82-SSA1,225,106
971.77
(2) The court shall retain jurisdiction unless the juvenile proves by a
7preponderance of the evidence that he or she did not commit the violation under the
8circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that
9transfer would be appropriate because all of the factors specified in
par. (a) 1., 2. and
103. sub. (1) (a), (b), and (c) are met.
SB82-SSA1,745
11Section
745. 971.315 of the statutes is renumbered 970.10 (2) and amended
12to read:
SB82-SSA1,225,1513
970.10
(2) Inquiry upon dismissal. Before a court dismisses a criminal charge
14against a person, complaint, or information under sub. (1), the court shall inquire of
15the district attorney whether he or she has complied with s. 971.095 (2).
SB82-SSA1,746
16Section
746. 971.32 of the statutes is renumbered 970.21 and amended to
17read:
SB82-SSA1,225,21
18970.21 Ownership, how alleged. In an
indictment, information or complaint
19for a crime committed in relation to property, it shall be sufficient to state the name
20of any one of several co-owners, or of any officer or manager of any corporation,
21limited liability company or association owning the same.
SB82-SSA1,747
22Section
747. 971.34 of the statutes is renumbered 970.22.
SB82-SSA1,748
23Section
748. 971.36 of the statutes is renumbered 970.23.
SB82-SSA1,749
24Section
749. 971.365 of the statutes is renumbered 970.24.
SB82-SSA1,750
25Section
750. 971.38 (1) of the statutes is amended to read:
SB82-SSA1,226,8
1971.38
(1) Except as provided in s.
967.055 970.25 (3), the district attorney may
2require as a condition of any deferred prosecution program for any crime that the
3defendant perform community service work for a public agency or a nonprofit
4charitable organization. The number of hours of work required may not exceed what
5would be reasonable considering the seriousness of the alleged offense. An order may
6only apply if agreed to by the defendant and the organization or agency. The district
7attorney shall ensure that the defendant is provided a written statement of the terms
8of the community service order and that the community service order is monitored.
SB82-SSA1,751
9Section
751. 971.39 (1) (intro.) of the statutes is amended to read:
SB82-SSA1,226,1310
971.39
(1) (intro.) Except as provided in s.
967.055 970.25 (3), in counties
11having a population of less than 100,000, if a defendant is charged with a crime, the
12district attorney, the department and a defendant may all enter into a deferred
13prosecution agreement which includes, but is not limited to, the following conditions:
SB82-SSA1,752
14Section
752. Subchapter IV (title) of chapter 971 [precedes 971.43] of the
15statutes is created to read:
SB82-SSA1,226,1717
Subchapter IV
SB82-SSA1,753
19Section
753. Subchapter V (title) of chapter 971 [precedes 971.65] of the
20statutes is created to read:
SB82-SSA1,754
24Section
754. 971.65 (title) of the statutes is created to read:
SB82-SSA1,226,25
25971.65 (title)
Pretrial motions.
SB82-SSA1,755
1Section
755. 971.65 (2) (title) and (a) of the statutes are created to read:
SB82-SSA1,227,52
971.65
(2) (title)
Time for filing. (a) A motion under this section shall be filed
3within the time set in the scheduling order. If there is no scheduling order, the motion
4shall be filed not later than 15 days before trial, unless otherwise permitted by the
5court.
SB82-SSA1,756
6Section
756. 971.66 of the statutes is created to read:
SB82-SSA1,227,11
7971.66 Motions to dismiss asserting that a statute is unconstitutional. 8If a defendant moves to dismiss a criminal prosecution by asserting that the statute
9under which he or she is charged violates the United States or Wisconsin
10Constitution, the defendant must serve a copy of the motion on the attorney general
11under s. 806.04 (11) as well as on the district attorney.
SB82-SSA1,757
12Section
757. 971.68 (title), (1) and (3) of the statutes are created to read:
SB82-SSA1,227,14
13971.68 (title)
Joinder and severance motions. (1) In general. Either party
14may move for joinder or relief from misjoinder or prejudicial joinder under s. 970.13.
SB82-SSA1,227,19
15(3) Codefendant's statements. If a defendant moves for severance because a
16codefendant's out-of-court statement refers to, but is not admissible against, the
17movant, the court shall determine whether the state intends to offer the statement
18in evidence as part of its case in chief. If so, the court shall require the district
19attorney to elect one of the following:
SB82-SSA1,227,2020
(a) A joint trial at which the statement is not received in evidence.
SB82-SSA1,227,2321
(b) A joint trial at which the statement is received in evidence only after all
22references to the movant have been deleted, if admission of the statement with the
23deletions made will not prejudice the movant.
SB82-SSA1,227,2424
(c) A separate trial for the movant.
SB82-SSA1,228,2
1(d) With the approval of the court, a separate jury for each defendant sitting
2in a single trial.
SB82-SSA1,758
3Section
758. Subchapter VI (title) of chapter 971 [precedes 971.75] of the
4statutes is created to read:
SB82-SSA1,228,66
Subchapter VI
SB82-SSA1,228,77
juveniles in adult court
SB82-SSA1,759
8Section
759. 971.75 (title) of the statutes is created to read:
SB82-SSA1,228,10
9971.75 (title)
Probable cause and retention hearings; juvenile under
10original adult court jurisdiction.
SB82-SSA1,760
11Section
760. 971.75 (2) of the statutes is created to read:
SB82-SSA1,228,1512
971.75
(2) Time for probable cause hearing. The court shall conduct a
13probable cause hearing that is required under sub. (1) within 10 days after the initial
14appearance. On stipulation of the parties, or upon motion and for cause, the court
15may extend that time.
SB82-SSA1,761
16Section
761. 971.75 (4) of the statutes is created to read:
SB82-SSA1,228,2017
971.75
(4) Time for retention hearing. The court shall conduct any hearing
18on retention of jurisdiction that is required under sub. (3) (b) within 20 days of the
19probable cause finding under sub. (3) (b). On stipulation of the parties, or upon
20motion and for cause, the court may extend that time.
SB82-SSA1,762
21Section
762. 971.75 (6) of the statutes is created to read:
SB82-SSA1,228,2522
971.75
(6) Witnesses at probable cause and retention hearings. (a) Both the
23district attorney and the juvenile may call and cross-examine witnesses at any
24hearing under this section. All witnesses shall be sworn and their testimony
25reported by a court reporter.
SB82-SSA1,229,4
1(b) During any hearing under this section, the court may exclude witnesses
2until they are called to testify, may direct that persons who are expected to be called
3as witnesses be kept separate until called, and may prevent them from
4communicating with one another until they have been examined.
SB82-SSA1,763
5Section
763. 971.75 (7) of the statutes is created to read:
SB82-SSA1,229,66
971.75
(7) Admissibility of reports. (a) In this subsection:
SB82-SSA1,229,77
1. "Hospital" has the meaning given in s. 50.33 (2).
SB82-SSA1,229,88
2. "Local health department" has the meaning given in s. 250.01 (4).
SB82-SSA1,229,179
(b) At any hearing under this section, a report of one of the crime laboratory's,
10the state laboratory of hygiene's, a federal bureau of investigation laboratory's, a
11hospital laboratory's, or a local health department's findings with reference to all or
12any part of the evidence submitted, certified as correct by the attorney general, the
13director of the state laboratory of hygiene, the director of the federal bureau of
14investigation, the chief hospital administrator, the local health officer, as defined in
15s. 250.01 (5), or a person designated by any of them, shall, when offered by the state
16or the accused, be received as evidence of the facts and findings stated, if relevant.
17The expert who made the findings need not be called as a witness.
SB82-SSA1,229,2318
(c) At any hearing under this section in Milwaukee County, a latent fingerprint
19report of the city of Milwaukee police department bureau of identification division's
20latent fingerprint identification unit, certified as correct by the police chief or a
21person designated by the police chief, shall, when offered by the state or the accused,
22be received as evidence of the facts and findings stated, if relevant. The expert who
23made the findings need not be called as a witness.
SB82-SSA1,764
24Section
764. 971.75 (9) of the statutes is created to read:
SB82-SSA1,230,11
1971.75
(9) Closure orders. (a) If the juvenile is accused of a crime under s.
2940.225, 948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s.
3940.302 (2), if the court finds that the crime was sexually motivated, as defined in
4s. 980.01 (5), the court may exclude from any hearing under this section all persons
5who are not officers of the court, members of the complainant's or juvenile's families,
6or others considered by the court to be supportive of the complainant or juvenile, the
7service representative, as defined in s. 895.45 (1) (c), or other persons required to
8attend, if the court finds that the state or the juvenile has established a compelling
9interest that would likely be prejudiced if the persons were not excluded. The court
10may consider as a compelling interest, among others, the need to protect a
11complainant from undue embarrassment and emotional trauma.
SB82-SSA1,230,1712
(b) In making its order under this subsection, the court shall set forth specific
13findings sufficient to support the order. In making these findings, the court shall
14consider, and give substantial weight to, the desires, if any, of the complainant.
15Additional factors that the court may consider in making these findings include, but
16are not limited to, the complainant's age, psychological maturity, and understanding;
17the nature of the crime; and the desires of the complainant's family.
SB82-SSA1,230,2018
(c) The court shall make its order under this subsection no broader than is
19necessary to protect the compelling interest under par. (a) and shall consider any
20reasonable alternatives to full closure of the entire hearing.
SB82-SSA1,765
21Section
765. 971.76 of the statutes is created to read:
SB82-SSA1,231,3
22971.76 Pretrial dismissal of complaint against juvenile. (1) Waiver
23cases. If the court has jurisdiction over a juvenile as a result of a waiver under s.
24938.18 (1) (a) or (b), the juvenile may move the court to dismiss the complaint on the
25ground that the state cannot prove that he or she committed any of the offenses listed
1in s. 938.18 (1) (a) or (b) on which the waiver was based. If the court grants a motion
2to dismiss under this subsection, the court shall order that the juvenile be
3discharged, but proceedings may be brought regarding the juvenile under ch. 938.
SB82-SSA1,231,10
4(2) Cases involving original adult court jurisdiction. A juvenile subject to
5the court's original jurisdiction under s. 938.183 (1) may move the court to dismiss
6the complaint on the ground that the state cannot prove that he or she committed any
7of the offenses charged under s. 938.183 (1) (a), (am), (b), or (c) under the
8circumstances described in those provisions. If the court grants a motion to dismiss
9under this subsection, the court shall order that the juvenile be discharged, but
10proceedings may be brought regarding the juvenile under ch. 938.
SB82-SSA1,766
11Section
766. 971.77 (title) of the statutes is created to read:
SB82-SSA1,231,12
12971.77 (title)
Motion to transfer jurisdiction in misdemeanors.
SB82-SSA1,767
13Section
767. Subchapter VII (title) of chapter 971 [precedes 971.80] of the
14statutes is created to read:
SB82-SSA1,231,1616
Subchapter VII
SB82-SSA1,231,1717
competency proceedings
SB82-SSA1,768
18Section
768. 972.01 of the statutes is amended to read:
SB82-SSA1,231,23
19972.01 Jury; civil rules applicable. The Except as otherwise provided in
20this chapter, the summoning
of jurors, the, selection
, and qualifications of
the jury 21jurors, the challenge of jurors for cause
, and the duty of the court in charging the jury
22and, giving instructions
, and discharging the jury when
it is unable to agree shall be
23the same in criminal as in civil actions
, except that s. 805.08 (3) shall not apply.
SB82-SSA1,769
24Section
769. 972.02 (title) of the statutes is repealed.
SB82-SSA1,770
1Section
770. 972.02 (1) of the statutes is renumbered 972.005 and amended
2to read:
SB82-SSA1,232,10
3972.005 Right to jury; waiver.
Except as otherwise provided in this chapter,
4criminal Criminal cases shall be tried by a jury
selected as prescribed in s. 805.08, 5unless the defendant waives
a his or her right to trial by jury
in writing or by
6statement in open court or under s. 967.08 (2) (b), on the record, with the approval
7of the court and the consent of the state.
Before approving a waiver of the right to
8trial by jury, the court shall address the defendant personally, on the record, to assure
9that the defendant understands his or her right to trial by jury and that the
10defendant knowingly, intelligently, and voluntarily waives that right.
SB82-SSA1,771
11Section
771. 972.02 (2) of the statutes is renumbered 972.025 (2) and amended
12to read:
SB82-SSA1,232,1913
972.025
(2) Jury of fewer than 12. At any time before the verdict
is returned,
14the parties may
stipulate in writing or by statement in open court, on the record 15agree, with the approval of the court, that the jury shall consist of any number
less 16fewer than 12
. If the parties agree to a number of jurors that is fewer than 12, the
17court shall address the defendant personally, on the record, to ensure that the
18defendant understands his or her right to a jury of 12 and that the defendant
19voluntarily waives that right.
SB82-SSA1,772
20Section
772. 972.02 (3) of the statutes is renumbered 972.27 and amended to
21read:
SB82-SSA1,232,23
22972.27 Findings in a trial to the court. In a case tried without a jury
, the
23court shall make a general funding and may in addition find the facts specially.
SB82-SSA1,773
24Section
773. 972.02 (4) of the statutes is renumbered 972.04 (5) and amended
25to read:
SB82-SSA1,233,3
1972.04
(5) No A member of
the a grand jury
which found the indictment shall 2that indicted a defendant may not be a juror for the
defendant's trial
of the
3indictment.
SB82-SSA1,774
4Section
774. 972.025 (title) and (1) of the statutes are created to read:
SB82-SSA1,233,7
5972.025 (title)
Jury size.
(1) Twelve-person jury. A jury in a criminal case
6shall consist of 12 persons unless the parties agree to fewer jurors as provided in sub.
7(2).
SB82-SSA1,775
8Section
775. 972.03 (title) of the statutes is amended to read:
SB82-SSA1,233,9
9972.03 (title)
Peremptory Number of peremptory challenges.
SB82-SSA1,776
10Section
776. 972.03 of the statutes is renumbered 972.03 (1) and amended to
11read: