SB82-SSA1,278,1312
978.05
(3) John Doe proceedings. Participate in investigatory proceedings
13under s.
968.26 968.105.
SB82-SSA1,925
14Section
925. 978.05 (4) of the statutes is amended to read:
SB82-SSA1,278,1815
978.05
(4) Grand jury. When requested by a grand jury under s.
968.47 16968.225, attend the grand jury for the purpose of examining witnesses in their
17presence; give the grand jury advice in any legal matter; draw bills of indictment; and
18issue subpoenas and other processes to compel the attendance of witnesses.
SB82-SSA1,279,921
978.05
(6) (a) Institute, commence
, or appear in all civil actions or special
22proceedings under and perform the duties set forth for the district attorney under ch.
23980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8),
24103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a),
25946.86, 946.87, 961.55 (5),
971.14 971.81, and 973.075 to 973.077, perform any duties
1in connection with court proceedings in a court assigned to exercise jurisdiction
2under chs. 48 and 938 as the judge may request and perform all appropriate duties
3and appear if the district attorney is designated in specific statutes, including
4matters within chs. 782, 976 and 979
and subch. I of ch. 968 and ss. 51.81 to 51.85.
5Nothing in this paragraph limits the authority of the county board to designate,
6under s. 48.09 (5), that the corporation counsel provide representation as specified
7in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney
8as an appropriate person to represent the interests of the public under s. 48.14 or
9938.14.
SB82-SSA1,927
10Section
927. 978.08 (1) (a) and (b) and (2) of the statutes are amended to read:
SB82-SSA1,279,1111
978.08
(1) (a) "Custody" has the meaning given in s.
968.205 968.645 (1) (a).
SB82-SSA1,279,1212
(b) "Discharge date" has the meaning given in s.
968.205 968.645 (1) (b).
SB82-SSA1,279,21
13(2) Except as provided in sub. (3), if physical evidence that is in the possession
14of a district attorney includes any biological material that was collected in connection
15with a criminal investigation that resulted in a criminal conviction, delinquency
16adjudication, or commitment under s.
971.17 971.85 or 980.06
and the biological
17material is from a victim of the offense that was the subject of the criminal
18investigation or may reasonably be used to incriminate or exculpate any person for
19the offense, the district attorney shall preserve the physical evidence until every
20person in custody as a result of the conviction, adjudication, or commitment has
21reached his or her discharge date.
SB82-SSA1,928
22Section
928. 979.02 of the statutes is amended to read:
SB82-SSA1,280,8
23979.02 Autopsies. The coroner, medical examiner or district attorney may
24order the conducting of an autopsy upon the body of a dead person any place within
25the state in cases where an inquest might be had as provided in s.
979.04 968.015
1notwithstanding the fact that no such inquest is ordered or conducted. The autopsy
2shall be conducted by a licensed physician who has specialized training in pathology.
3The district attorney may move the
circuit court for the county in which the body is
4buried for an order disinterring the body for purposes of autopsy. The order shall be
5granted by the
circuit court upon a reasonable showing that any of the criteria
6specified in s.
979.04 968.015 exists. This section does not prevent additional
7autopsies or examinations of the body if there are unanswered pathological
8questions concerning the death and the causes of death.
SB82-SSA1,929
9Section
929. 979.025 (1) of the statutes is amended to read:
SB82-SSA1,280,1810
979.025
(1) Inmate confined to an institution in this state. If an individual
11dies while he or she is in the legal custody of the department and confined to a
12correctional facility located in this state, the coroner or medical examiner of the
13county where the death occurred shall perform an autopsy on the deceased
14individual. If the coroner or medical examiner who performs the autopsy determines
15that the individual's death may have been the result of any of the situations that
16would permit the district attorney to order an inquest under s.
979.04 968.015 (1),
17the coroner or medical examiner shall follow the procedures under s.
979.04 968.015 18(2).
SB82-SSA1,930
19Section
930. 979.025 (2) of the statutes is amended to read:
SB82-SSA1,281,520
979.025
(2) Inmate confined in an institution in another state. If an
21individual dies while he or she is in the legal custody of the department and confined
22to a correctional facility in another state under a contract under s. 301.07, 301.21,
23or 302.25, the department shall have an autopsy performed by an appropriate
24authority in the other state or by the coroner or medical examiner of the county in
25which the
circuit court is located that sentenced the individual to the custody of the
1department. If the coroner or medical examiner who performs the autopsy in this
2state determines that the individual's death may have been the result of any of the
3situations that would permit the district attorney to order an inquest under s.
979.04 4968.015 (1), the coroner or medical examiner shall forward the results of the autopsy
5to the appropriate authority in the other state.
SB82-SSA1,931
6Section
931. 979.04 of the statutes is renumbered 968.015 and amended to
7read:
SB82-SSA1,281,21
8968.015 Inquests: when
When inquests may be called. (1) If the district
9attorney has notice of the death of any person and there is reason to believe from the
10circumstances surrounding the death that
the person was a victim of felony murder,
11first-degree or 2nd-degree intentional homicide, first-degree or 2nd-degree
12reckless homicide, homicide by negligent handling of dangerous weapon, explosives
, 13or fire, homicide by negligent operation of vehicle, homicide resulting from negligent
14control of a vicious animal
or, homicide by intoxicated
user use of a vehicle or firearm
15may have been committed, or
that death may have been due to suicide or
the person
16died under unexplained or suspicious circumstances, the district attorney may order
17that an inquest be conducted for the purpose of inquiring how the person died.
The
18district attorney shall appear in any such inquest representing the state in
19presenting all evidence which may be relevant or material to the inquiry of the
20inquest. The inquest may be held in any county in this state in which venue would
21lie for the trial of any offense charged as the result of or involving the death.
SB82-SSA1,281,23
22(4) An inquest may
only be ordered
only by the district attorney
acting under
23this subsection sub. (1) or by the
circuit judge under sub. (2).
SB82-SSA1,282,7
24(2) If the coroner or medical examiner
has knowledge of the death of any knows
25that a person
has died in the manner
or under the circumstances described
under in
1sub. (1), he or she
shall immediately notify the district attorney. The notification
2shall include information concerning the circumstances surrounding the death. The
3coroner or medical examiner may request the district attorney to order an inquest
4under sub. (1). If the district attorney refuses to order the inquest,
a the coroner
5or medical examiner may petition the
circuit court to order an inquest. The court
6may issue the order if it finds that the district attorney has abused his or her
7discretion in not ordering an inquest.
SB82-SSA1,282,13
8(3) Subsequent to receipt of
After receiving notice of the death, the district
9attorney may request the coroner or medical examiner to conduct a preliminary
10investigation and report back to the district attorney. The district attorney may
11determine the scope of the preliminary investigation. This subsection does not limit
12or prevent any other investigation into the death by any law enforcement agency
13with jurisdiction over the investigation.
SB82-SSA1,932
14Section
932. 979.05 (title) of the statutes is repealed.
SB82-SSA1,933
15Section
933. 979.05 (1) of the statutes is renumbered 968.025 (1) and amended
16to read:
SB82-SSA1,282,1817
968.025
(1) By whom conducted.
An inquest shall be conducted by a circuit A 18judge
or a circuit court commissioner shall conduct each inquest.
SB82-SSA1,934
19Section
934. 979.05 (2) of the statutes is renumbered 968.025 (2) and amended
20to read:
SB82-SSA1,282,2321
968.025
(2) Before whom conducted. The inquest shall be conducted before
22a jury unless the district attorney, coroner, or medical examiner requests that the
23inquest be conducted before the judge
or circuit court commissioner only.
SB82-SSA1,283,9
24(4) (a) If the inquest is to be conducted before a jury,
the clerk shall select, in
25the manner provided in s. 756.06 (1), a sufficient number of names of prospective
1jurors
shall be selected from the prospective juror list for the county in which the
2inquest is to be held
by the clerk of circuit court in the manner provided in s. 756.06.
3The judge or circuit court commissioner conducting the inquest shall summon the
4prospective jurors to appear before the judge or circuit court commissioner at the
5time fixed in the summons. The summons may be served by mail, or by personal
6service if the judge, circuit court commissioner, or district attorney determines
7personal service to be appropriate. The summons shall be in the form used to
8summon petit jurors in the circuit courts of the county to ensure that the jury consists
9of 6 members.
SB82-SSA1,283,12
10(b) Any person who fails to appear when summoned as an inquest juror
is
11subject to a forfeiture of shall forfeit not more than $40.
The inquest jury shall consist
12of 6 jurors. If 6 jurors do not remain
SB82-SSA1,283,18
13(d) If, after all prospective jurors have been examined, fewer than 12 remain 14from the number originally summoned
after establishment of qualifications, the
15judge
or circuit court commissioner conducting the inquest
may require shall direct 16the clerk
of the circuit court to select to draw sufficient additional jurors' names.
17Those persons shall be summoned forthwith by the
The sheriff of the county
shall
18summon those persons immediately.
SB82-SSA1,935
19Section
935. 979.05 (3) of the statutes is renumbered 968.025 (4) (c) and
20amended to read:
SB82-SSA1,284,921
968.025
(4) (c) The judge
or circuit court commissioner shall examine on oath
22or affirmation each person who is called as a juror to discover whether the juror is
23related by blood
, or marriage
or adoption to the decedent, any member of the
24decedent's family, the district attorney, any other attorney appearing in the case
, or
25any members of the office of the district attorney or of the office of any other attorney
1appearing in the case, has expressed or formed any opinion regarding the matters
2being inquired into in the inquest
, or is aware of or has any bias or prejudice
3concerning the matters being inquired into in the inquest.
If any prospective juror
4is found The court shall excuse any prospective juror whom it finds to be not
5indifferent or
is found to have formed an opinion
which that cannot be laid aside
, that
6juror shall be excused. The judge or circuit commissioner may select one or more
7alternate jurors if the inquest is likely to be protracted. This
subsection paragraph 8does not limit the right of the district attorney to supplement the judge's
or circuit
9commissioner's examination of any prospective jurors as to qualifications.
SB82-SSA1,936
10Section
936. 979.05 (4) of the statutes is renumbered 968.025 (5) and amended
11to read:
SB82-SSA1,284,1412
968.025
(5) Oath. When 6 After the jurors have been selected, the judge
or
13circuit court commissioner shall administer to them an oath or affirmation which
14shall be substantially in the following form:
SB82-SSA1,284,2015
You do solemnly swear (affirm) that you will diligently inquire and determine
16on behalf of this state when, and in what manner and by what means, the person
17known as .... ....
who is now dead came to his or her death and that you will return
18a true verdict thereon according to your knowledge, according to the evidence
19presented
, and according to the instructions given to you by the .... (judge)
(circuit
20court commissioner).
SB82-SSA1,937
21Section
937. 979.05 (5), (6) and (7) of the statutes are renumbered 968.025 (6),
22(7) and (8) and amended to read:
SB82-SSA1,285,623
968.025
(6) Role of district attorney. Prior to the submission of evidence to
24the jury, the judge or circuit court commissioner may instruct the jury on its duties
25and on the substantive law regarding the issues which may be inquired into before
1the jury The district attorney shall appear in each inquest, represent the state, and
2present all evidence that may be relevant or material to the inquiry of the inquest.
3The district attorney may, at any time during the course of the inquest, make
4statements to the jury relating to procedural or evidentiary matters he or she and
5the judge
or circuit court commissioner deem appropriate.
Section 972.12 applies to
6the conduct of the inquest jury.
SB82-SSA1,285,9
7(7) Secrecy and sequestration. The judge
or circuit court commissioner 8conducting the inquest may order that proceedings be secret if the district attorney
9so requests or concurs
and may sequester the inquest jury under s. 972.05.
SB82-SSA1,285,11
10(8) Juror compensation. Inquest jurors shall receive the same compensation
11as jurors under s. 756.25.
SB82-SSA1,938
12Section
938. 979.06 (title), (1), (2) and (5) of the statutes are repealed.
SB82-SSA1,939
13Section
939. 979.06 (3), (4) and (6) of the statutes are renumbered 968.035 (1),
14(2) and (3), and 968.035 (1) and (2), as renumbered, are amended to read:
SB82-SSA1,285,1915
968.035
(1) Any witness examined at an inquest may have counsel present
16during the examination of that witness.
The counsel may consult with a client during
17the examination of that client. The counsel may not examine or cross-examine his
18or her client, cross-examine or call other witnesses
, or argue before the judge
or
19circuit court commissioner holding the inquest.
SB82-SSA1,285,21
20(2) The judge
or circuit court commissioner shall administer an oath or
21affirmation to each witness
which shall be substantially in the following form:
SB82-SSA1,285,25
22You do solemnly swear (affirm) that the evidence and testimony you give to this
23inquest concerning the death of the person known as .... .... shall be the truth, the
24whole truth and nothing but the truth and shall cause the testimony given by all
25witnesses to be reduced to writing or recorded.
SB82-SSA1,941
2Section
941. 979.08 (title) of the statutes is renumbered 968.055 (title).
SB82-SSA1,942
3Section
942. 979.08 (1) of the statutes is renumbered 968.055 (1) and amended
4to read:
SB82-SSA1,286,85
968.055
(1) When the Before submitting evidence
is concluded and the
6testimony closed to the jury in an inquest, the judge
or circuit court commissioner
7shall may instruct the jury on its duties and on the substantive law regarding the
8issues
that may be inquired into before the jury.
The
SB82-SSA1,286,18
9(2) After all of the evidence is presented, the district attorney
shall prepare a
10written set of appropriate requested instructions and shall submit
them to the judge
11or circuit court commissioner who, together with the district attorney, a written set
12of proposed instructions on the jury's duties and on the substantive law regarding
13the issues inquired into before the jury. The judge shall compile the final set of
14instructions which shall
be given. The instructions shall include
those instructions
15for criminal offenses for which the judge
or circuit court commissioner believes a
16reasonable jury might return a verdict based upon a finding of probable cause.
The
17judge shall use the final instructions to instruct the jury and shall provide the jury
18with one complete set of them.
SB82-SSA1,943
19Section
943. 979.08 (2) of the statutes is repealed.
SB82-SSA1,944
20Section
944. 979.08 (3) (intro.) and (4) of the statutes are consolidated,
21renumbered 968.055 (3) (intro.) and amended to read:
SB82-SSA1,287,622
968.055
(3) (intro.) The jury shall retire to consider its verdict after hearing all
23of the testimony and evidence, making all necessary inquiries
, and having been
24instructed in the law.
The judge or circuit court commissioner shall provide the jury
25with one complete set of written instructions providing the substantive law to be
1applied to the issues to be decided. The verdict shall be in a form which permits the
2following findings: (4) The
jury shall render its verdict
shall be based upon a finding
3of probable cause, be unanimous, and be rendered in writing, signed by all
of its 4members
of the jury. The verdict shall set forth
its the jury's findings from the
5evidence produced according to the instructions.
The verdict shall be in a form that
6permits the following findings:
SB82-SSA1,945
7Section
945. 979.08 (3) (a) of the statutes is renumbered 968.055 (3) (b) and
8amended to read:
SB82-SSA1,287,119
968.055
(3) (b) Whether the deceased
came to his or her death by criminal
10means died as a result of a crime and, if so, the specific crimes committed and the
11name of the person or persons, if known,
having
who committed the crimes.
SB82-SSA1,946
12Section
946. 979.08 (3) (b) of the statutes is renumbered 968.055 (3) (a) and
13amended to read:
SB82-SSA1,287,1514
968.055
(3) (a) Whether the deceased came to his or her death by natural
15causes, accident, suicide
, or an act privileged by law.
SB82-SSA1,947
16Section
947. 979.08 (5) of the statutes is renumbered 968.055 (4) and amended
17to read:
SB82-SSA1,287,2018
968.055
(4) The
inquest jury's verdict
delivered by the inquest jury is advisory
19and does not preclude or require the issuance of any criminal charges by the district
20attorney.
SB82-SSA1,948
21Section
948. 979.08 (6) of the statutes is renumbered 968.055 (5) and amended
22to read:
SB82-SSA1,288,323
968.055
(5) Any verdict
so rendered
under sub. (4), after being validated and
24signed by the judge
or circuit court commissioner, together with the record of the
25inquest, shall be delivered to the district attorney for consideration. After
1considering the verdict and record, the district attorney may deliver the entire
2inquest record or any part
thereof of the record to the coroner or medical examiner
3for safekeeping.
SB82-SSA1,949
4Section
949. 979.08 (7) of the statutes is renumbered 968.055 (6) and amended
5to read:
SB82-SSA1,288,86
968.055
(6) The Except as provided in s. 971.43, the record of a secret inquest
7proceeding
shall is not
be open for inspection unless so ordered by the judge
or circuit
8court commissioner conducting the inquest
upon petition by the district attorney.
SB82-SSA1,950
9Section
950. 979.09 of the statutes is amended to read:
SB82-SSA1,288,18
10979.09 Burial of body. If any judge
or circuit court commissioner conducts
11an inquest as to the death of a stranger or of a person whose identity is unknown or
12whose body is unclaimed or if the district attorney determines that no inquest into
13the death of such a person is necessary and the
circuit judge has not ordered an
14inquest under s.
979.04 968.015 (2), the coroner or medical examiner shall cause the
15body to be decently buried or cremated and shall certify to all the charges incurred
16in taking any inquest by him or her and to the expenses of burial or cremation of the
17dead body. The charges and expenses shall be audited by the county board of the
18proper county and paid out of the county treasury.
SB82-SSA1,951
19Section
951. 979.10 (2) of the statutes is amended to read:
SB82-SSA1,289,420
979.10
(2) If a corpse is to be cremated, the coroner or medical examiner shall
21make a careful personal inquiry into the cause and manner of death, and conduct an
22autopsy or order the conducting of an autopsy, if in his or her or the district attorney's
23opinion it is necessary to determine the cause and manner of death. If the coroner
24or medical examiner determines that no further examination or judicial inquiry is
25necessary he or she shall certify that fact. Upon written request by the district
1attorney the coroner or medical examiner shall obtain the concurrence of the district
2attorney before issuing the certification. If the coroner or medical examiner
3determines that further examination or judicial inquiry is necessary, he or she shall
4notify the district attorney under s.
979.04
968.015 (2).
SB82-SSA1,952
5Section
952. 979.11 of the statutes is amended to read:
SB82-SSA1,289,14
6979.11 Compensation of officers. The sole compensation of the coroner and
7deputy coroners for attendance at an inquest and for any preliminary investigation
8under
this chapter ch. 968 at the direction of the district attorney shall be a
9reasonable sum set by the county board for each day actually and necessarily
10required for the purpose, and a sum set by the county board for each mile actually
11and necessarily traveled in performing the duty. Any coroner or deputy coroner may
12be paid an annual salary and allowance for traveling expenses to be established by
13the county board under s. 59.22 which shall be in lieu of all fees, per diem
, and
14compensation for services rendered.
SB82-SSA1,953
15Section
953. 979.22 of the statutes is amended to read:
SB82-SSA1,289,20
16979.22 Autopsies and toxicological services by medical examiners. A
17medical examiner may perform autopsies and toxicological services not required
18under this chapter
or under subch. I of ch. 968 and may charge a fee established by
19the county board for such autopsies and services. The fee may not exceed an amount
20reasonably related to the actual and necessary cost of providing the service.
SB82-SSA1,954
21Section
954. 980.015 (2) (c) of the statutes is amended to read:
SB82-SSA1,290,222
980.015
(2) (c) The anticipated release of a person on conditional release under
23s.
971.17 971.85, the anticipated termination of a commitment order under
971.17 24s. 971.85, or the anticipated discharge of a person from a commitment order under
1s.
971.17 971.85, if the person has been found not guilty of a sexually violent offense
2by reason of mental disease or defect.
SB82-SSA1,955
3Section
955. 980.031 (4) of the statutes is amended to read:
SB82-SSA1,290,124
980.031
(4) If a party retains or the court appoints a licensed physician,
5licensed psychologist, or other mental health professional to conduct an examination
6under this chapter of the person's mental condition, the examiner shall have
7reasonable access to the person for the purpose of the examination, as well as to the
8person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient
9health care records as provided under s. 146.82 (2) (cm), past and present juvenile
10records, as provided under ss. 48.396 (6), 48.78 (2) (e), 938.396 (10), and 938.78 (2)
11(e), and the person's past and present correctional records, including presentence
12investigation reports under s.
972.15 973.004 (6).
SB82-SSA1,956
13Section
956. 980.036 (2) (c) of the statutes is amended to read:
SB82-SSA1,290,1614
980.036
(2) (c) Evidence obtained in the manner described under s.
968.31 15968.345 (2) (b), if the prosecuting attorney intends to use the evidence at the trial or
16proceeding.
SB82-SSA1,957
17Section
957. 980.036 (6) of the statutes is amended to read:
SB82-SSA1,291,218
980.036
(6) Protective order. Upon motion of a party, the court may at any
19time order that discovery, inspection, or the listing of witnesses required under this
20section be denied, restricted, or deferred, or make other appropriate orders. If the
21prosecuting attorney or the attorney for a person subject to this chapter certifies that
22listing a witness under sub. (2) (e) or (3) (a) may subject the witness or others to
23physical or economic harm or coercion, the court may order that the deposition of the
24witness be taken under s.
967.04 (2) to (6) 967.21. The name of the witness need not
25be divulged prior to the taking of such deposition. If the witness becomes unavailable
1or changes his or her testimony, the deposition shall be admissible at trial as
2substantive evidence.
SB82-SSA1,958
3Section
958. 995.50 (7) of the statutes is amended to read:
SB82-SSA1,291,64
995.50
(7) No action for invasion of privacy may be maintained under this
5section if the claim is based on an act which is permissible under
ss. s. 196.63 or
6968.27 to 968.373 under subch. IV of ch. 968.
SB82-SSA1,291,9
8(1) This act first applies to prosecutions commenced on the effective date of this
9subsection.
SB82-SSA1,291,11
10(2) This act first applies to proceedings, commitments, and requirements
11related to offenses committed on the effective date of this subsection.
SB82-SSA1,291,1413
(1) This act takes effect on March 1, 2017, or on the day after publication,
14whichever is later.