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:
SB82-SSA1,233,1412
972.03
(1) Generally. Each Except as provided in subs. (2), (3), (4), and (5), in
13a criminal case, each side is entitled to
only 4 peremptory challenges
except as
14otherwise provided in this section. When.
SB82-SSA1,233,21
15(4) Life imprisonment. If the crime charged
in a case is punishable by life
16imprisonment,
the state is each side shall be entitled to 6 peremptory challenges
and
17the defendant is entitled to 6 peremptory challenges. If there is
, except, if the case
18involves 2 defendants, the defense shall be entitled to 12 peremptory challenges, and
19if the case involves more than 2 defendants, the defense shall be entitled to 18
20peremptory challenges. The court may allow the state a reasonable number of
21peremptory challenges.
SB82-SSA1,234,6
22(3) Dividing challenges among defendants. In a criminal case involving more
23than one defendant, the court shall divide the
peremptory challenges
for the defense 24as equally as practicable among
them the defendants; and if their defenses are
25adverse and the court is satisfied that the protection of their rights so requires, the
1court may allow the defendants additional
peremptory challenges. If
the crime is
2punishable by life imprisonment, the total peremptory challenges allowed the
3defense shall not exceed 12 if there are only 2 defendants and 18 if there are more
4than 2 defendants; in other felony cases the defendants are allowed additional
5peremptory challenges under this subsection, the court may allow the state a
6reasonable number of peremptory challenges.
SB82-SSA1,234,15
7(2) More than one defendant. Except as provided in subs. (3) and (4), in a
8criminal case involving 2 defendants, the defense shall be entitled to 6
peremptory 9challenges
if there are only, and in a criminal case involving more than 2 defendants
10and, the defense shall be entitled to 9
peremptory challenges
if there are more than
112. In misdemeanor cases, the state is entitled to 3 peremptory challenges and the
12defendant is entitled to 3 peremptory challenges, except that if there are 2
13defendants, the court shall allow the defense 4 peremptory challenges, and if there
14are more than 2 defendants, the court shall allow the defense 6 peremptory
15challenges.
SB82-SSA1,234,18
16(5) Additional challenges. Each side shall be allowed
at least one additional
17peremptory challenge if
the court orders that additional jurors
are to be selected
18under s. 972.04 (1).
SB82-SSA1,777
19Section
777. 972.04 (title) of the statutes is repealed and recreated to read:
SB82-SSA1,234,20
20972.04 (title)
Jury selection.
SB82-SSA1,778
21Section
778. 972.04 (1) of the statutes is amended to read:
SB82-SSA1,235,422
972.04
(1) The number of jurors selected
in a criminal case shall be
prescribed
23in s. 756.06 (2) (a), 12 unless a lesser number has been
stipulated agreed to and
24approved under s.
972.02 972.025 (2)
or the. The court
orders may order that
25additional jurors be selected
. That number, plus the number of peremptory
1challenges available to all the parties, shall be called initially and maintained in the
2jury box by calling others to replace jurors excused for cause until all jurors have been
3examined. The to assure that the required number of jurors will be available for
4deliberation.
SB82-SSA1,235,9
5(6) After the jurors have been examined and the court has determined whether
6to excuse any juror for cause, the parties shall
thereupon exercise
in their order their
7peremptory challenges alternately, the state beginning
, the peremptory challenges
8available to them, and if. If any party declines to
exercise a peremptory challenge,
9the
challenge shall be made by the clerk
shall make the challenge by lot.
SB82-SSA1,779
10Section
779. 972.04 (2) of the statutes is repealed.
SB82-SSA1,780
11Section
780. 972.04 (3) of the statutes is created to read:
SB82-SSA1,235,1412
972.04
(3) The court shall call and maintain the number of jurors provided in
13sub. (1), plus the number of peremptory challenges available to the parties. If a juror
14is excused for cause, the court shall replace that juror with another.
SB82-SSA1,781
15Section
781. 972.06 of the statutes is amended to read:
SB82-SSA1,235,19
16972.06 View Jury view. The court may order
a view by the jury
to view a
17location or object whenever the court concludes that viewing the location or object
18would assist the jury in understanding the evidence introduced in court or assist the
19jury in weighing and applying that evidence.
SB82-SSA1,782
20Section
782. 972.065 (title) of the statutes is created to read:
SB82-SSA1,235,21
21972.065 (title)
Note-taking by jurors.
SB82-SSA1,783
22Section
783. 972.07 of the statutes is renumbered 967.12 and amended to
23read:
SB82-SSA1,235,24
24967.12 Jeopardy. Jeopardy attaches
when one of the following occurs:
SB82-SSA1,236,3
1(1) In a trial to the court without a jury
, when
a witness is sworn;
the first
2witness assents to the oath or affirmation or answers the first question if no oath or
3affirmation is administered.
SB82-SSA1,236,5
4(2) In a jury trial
, when the selection of the jury has been completed and the
5jury sworn.
SB82-SSA1,784
6Section
784. 972.075 of the statutes is created to read:
SB82-SSA1,236,8
7972.075 Questioning of witnesses by jurors. (1) After the selection of a
8jury, the court may authorize the jurors to ask questions of witnesses.
SB82-SSA1,236,11
9(2) If the court authorizes juror questions, the court shall instruct the jury to
10propose only questions that tend to clarify information already presented and shall
11instruct the jury of the following procedure that shall be used for juror questions:
SB82-SSA1,236,1312
(a) After the parties have questioned a witness and before the witness leaves
13the stand, the court shall ask the jurors if they have any questions for the witness.
SB82-SSA1,236,1514
(b) If a juror has a question, he or she shall submit the question in writing to
15the judge.
SB82-SSA1,236,1716
(c) The judge shall show the question to the parties and allow the parties to
17object to the question without the knowledge of the jury.
SB82-SSA1,236,1918
(d) The judge shall review the question and any objections made by the parties
19and determine if the question is legally proper.
SB82-SSA1,236,2020
(e) If the question is legally proper, the judge may ask it of the witness.
SB82-SSA1,236,2221
(f) The court shall allow the parties to ask follow-up questions to any juror
22questions that are posed to a witness.
SB82-SSA1,785
23Section
785. 972.08 of the statutes is renumbered 967.17, and 967.17 (1) and
24(2), as renumbered, are amended to read:
SB82-SSA1,237,11
1967.17
(1) (a) Whenever any person refuses to testify or to produce books,
2papers
, or documents when required to do so before any grand jury, in a
John Doe 3proceeding under s.
968.26 968.105, at an inquest under s. 968.015, or at a
4preliminary examination, criminal hearing
, or trial for the reason that the testimony
5or evidence required of him or her may tend to incriminate him or her or subject him
6or her to a forfeiture or penalty, the person may nevertheless be compelled to testify
7or produce the evidence by order of the court on motion of the district attorney. No
8person who testifies or produces evidence in obedience to the command of the court
9in that case may be liable to any forfeiture or penalty for or on account of testifying
10or producing evidence, but no person may be exempted from prosecution and
11punishment for perjury or false swearing committed in so testifying.
SB82-SSA1,237,1312
(b) The immunity provided under par. (a) is subject to the restrictions under
13s.
972.085 967.18.
SB82-SSA1,237,24
14(2) Whenever a witness attending in any court trial or appearing before any
15grand jury
or, John Doe
investigation proceeding under s.
968.26 968.105, or inquest
16under s. 968.015 fails or refuses without just cause to comply with an order of the
17court under this section to give testimony in response to a question or with respect
18to any matter, the court, upon such failure or refusal, or when such failure or refusal
19is duly brought to its attention, may summarily order the witness's confinement at
20a suitable place until such time as the witness is willing to give such testimony or
21until
such the trial, grand jury term,
or John Doe
investigation under s. 968.26 22proceeding, or inquest is concluded but in no case exceeding one year. No person
23confined under this section shall be
admitted to bail released on conditions pending
24the determination of an appeal taken by the person from the order of confinement.
SB82-SSA1,786
1Section
786. 972.085 of the statutes is renumbered 967.18 and amended to
2read: