AB90: Bill Text

AB90,78,24 chapter 809

AB90,78,25 Subchapter III

AB90,79,5 APPEAL PROCEDURE IN COURT OF APPEALS IN S. 971.17 PROCEEDINGS under subch. III of ch. 975 AND IN CRIMINAL AND CH. 48, 51, 55, 938, AND 980 CASES

AB90,204 Section 204. 809.30 (title) of the statutes is amended to read:

AB90,79,8 809.30 (title) Rule (Appeals in s. 971.17 proceedings under subch. III of ch. 975 and in criminal, ch. 48, 51, 55, 938, and 980 cases).

AB90,205 Section 205. 809.30 (1) (a) of the statutes is amended to read:

AB90,79,13 809.30 (1) (a) "Final adjudication" means the entry of a final judgment or order by the circuit court in a s. 971.17 proceeding under subch. III of ch. 975, in a criminal case, or in a ch. 48, 51, 55, 938, or 980 case, other than a termination of parental rights case under s. 48.43 or a parental consent to abortion case under s. 48.375 (7).

AB90,206 Section 206. 809.30 (1) (b) 4. of the statutes is amended to read:

AB90,79,16 809.30 (1) (b) 4. A subject individual or ward seeking postdisposition relief in a s. 971.17 proceeding under subch. III of ch. 975 or a case under ch. 51, 55, or 980.

AB90,207 Section 207. 809.30 (1) (c) of the statutes is amended to read:

AB90,79,22 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m) or (9g), 973.19, 973.195, 973.198, 974.03, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).

AB90,208 Section 208. 809.30 (1) (e) of the statutes is amended to read:

AB90,80,2 809.30 (1) (e) "Prosecutor" means a district attorney, corporation counsel, or other attorney authorized by law to represent the state in a criminal case, a proceeding under s. 971.17 subch. III of ch. 975, or a case under ch. 48, 51, 55, 938, or 980.

AB90,209 Section 209. 809.30 (2) (a) of the statutes is amended to read:

AB90,80,13 809.30 (2) (a) Appeal procedure; counsel to continue. A person seeking postconviction relief in a criminal case; a person seeking postdisposition relief in a case under ch. 48 other than a termination of parental rights case under s. 48.43 or a parental consent to abortion case under s. 48.375 (7); or a person seeking postdisposition relief in a s. 971.17 proceeding under subch. III of ch. 975 or in a case under ch. 51, 55, 938, or 980 shall comply with this section. Counsel representing the person at sentencing or at the time of the final adjudication shall continue representation by filing a notice under par. (b) if the person desires to pursue postconviction or postdisposition relief unless counsel is discharged by the person or allowed to withdraw by the circuit court before the notice must be filed.

AB90,210 Section 210. 809.30 (2) (d) of the statutes is amended to read:

AB90,80,24 809.30 (2) (d) Indigency redetermination. Except as provided in this paragraph, whenever a person whose trial counsel is appointed by the state public defender files a notice under par. (b) requesting public defender representation for purposes of postconviction or postdisposition relief, the prosecutor may, within 5 days after the notice is served and filed, file in the circuit court and serve upon the state public defender a request that the person's indigency be redetermined before counsel is appointed or transcripts are requested. This paragraph does not apply to a child who is entitled to be represented by counsel under s. 48.23 or 938.23 or to a person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), or 55.105, or 938.23.

AB90,211 Section 211. 809.30 (2) (m) of the statutes is created to read:

AB90,81,3 809.30 (2) (m) Entry after filing notice. If the record discloses that the judgment or order appealed from was entered after the notice under this section was filed, the notice shall be treated as filed after that entry on the day of the entry.

AB90,212 Section 212. 809.31 (6) of the statutes is amended to read:

AB90,81,7 809.31 (6) The court ordering release shall require the defendant to post a bond in accordance with s. 969.09 974.09 (2) and may impose other terms and conditions. The defendant shall file the bond in the trial court.

AB90,213 Section 213. 814.22 (1) (intro.) of the statutes is amended to read:

AB90,81,15 814.22 (1) (intro.) In all proceedings, including criminal actions, if a change of venue is had (, except in cases where the change of venue is made because the action was not brought in the proper county),, if the jury is selected for use in another county under s. 971.225 971.71, or   if an action, occupying a day or more, is tried outside the county wherein pending, the county in which the action was commenced shall pay to the county in which the action is tried or the jury is selected the following expenses arising out of the change of venue or jury selection:

AB90,214 Section 214. 814.69 (1) (a) of the statutes is amended to read:

AB90,81,20 814.69 (1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per 25-line page for the original and 50 cents per 25-line page for the duplicate. Except as provided in s. 967.06 (3) 977.072, the fee shall be paid by the county treasurer upon the certificate of the clerk of court.

AB90,215 Section 215. 885.01 (2) of the statutes is amended to read:

AB90,81,25 885.01 (2) By an attorney of record in a criminal action, or by the attorney general or any district attorney or person acting in his or her stead, to require the attendance of witnesses, in behalf of the state, a witness for a deposition, or for a hearing or trial in any court or before any magistrate, and from any part of the state.

AB90,216 Section 216. 885.15 (2) of the statutes is amended to read:

AB90,82,3 885.15 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

AB90,217 Section 217. 885.24 (2) of the statutes is amended to read:

AB90,82,6 885.24 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

AB90,218 Section 218. 885.25 (2m) of the statutes is amended to read:

AB90,82,9 885.25 (2m) The immunity provided under sub. (2) is subject to the restrictions under s. 972.085 967.18.

AB90,219 Section 219. 885.365 (1) of the statutes is amended to read:

AB90,82,14 885.365 (1) Evidence obtained as the result of the use of voice recording equipment for recording of telephone conversations, by way of interception of a communication or in any other manner, shall be totally inadmissible in the courts of this state in civil actions, except as provided in ss. 968.28 968.315 to 968.37 968.405.

AB90,220 Section 220. 885.64 (2) of the statutes is amended to read:

AB90,82,21 885.64 (2) All circuit court proceedings, with the exception of proceedings pursuant to s. 972.11 (2m) 972.20, that are conducted by videoconference, interactive video and audio transmission, audiovisual means, live audiovisual means, closed-circuit audiovisual, or other interactive electronic communication with a video component, shall be conducted in accordance with the provisions of this subchapter.

AB90,221 Section 221. 891.39 (1) (b) of the statutes is amended to read:

AB90,83,5 891.39 (1) (b) In actions affecting the family, in which the question of paternity is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian ad litem's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06 767.407 (6). If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

AB90,222 Section 222. 891.39 (2) (b) of the statutes is amended to read:

AB90,83,8 891.39 (2) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

AB90,223 Section 223. 893.93 (1) (d) of the statutes is amended to read:

AB90,83,10 893.93 (1) (d) An action under s. 968.31 968.345.

AB90,224 Section 224. 895.01 (1) (am) 7. of the statutes is amended to read:

AB90,83,13 895.01 (1) (am) 7. Causes of action for a violation of s. 968.31 968.345 (2m) or other damage to the person.

AB90,225 Section 225. 895.34 of the statutes is amended to read:

AB90,84,2 895.34 Renewal of sureties upon becoming insufficient and effects thereof. If any bail bond, recognizance, undertaking or other bond or undertaking given in any civil or criminal action or proceeding, becomes at any time insufficient, the court or judge thereof, municipal judge or any magistrate before whom such action or proceeding is pending, may, upon notice, require the plaintiff or defendant to give a new bond, recognizance or undertaking. Every person becoming surety on any such new bond, recognizance or undertaking is liable from the time the original was given, the same as if he or she had been the original surety. If any person fails to comply with the order made in the case the adverse party is entitled to any order, judgment, remedy or process to which he or she would have been entitled had no bond, recognizance or undertaking been given at any time. This section does not apply to a modification of a condition of release under s. 969.33 (7).

AB90,226 Section 226. 895.446 (4) of the statutes is amended to read:

AB90,84,6 895.446 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act or as recompense under s. 969.13 (5) (a) 969.42 for the same act.

AB90,227 Section 227. 895.45 (1) (a) of the statutes is amended to read:

AB90,84,12 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 49.165 (1) (a), 813.12 (1) (am), or 968.075 969.27 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

AB90,228 Section 228. 895.46 (9) (a) (intro.) and 2. and (b) (intro.) and 2. of the statutes are amended to read:

AB90,84,19 895.46 (9) (a) (intro.) The state shall reimburse a state officer or state employee for reasonable attorney fees and costs incurred by the officer or employee in connection with a John Doe proceeding under s. 968.26 968.105 (2) arising from the officer's or employee's conduct in the performance of official duties if all the following apply:

AB90,84,21 2. The officer or employee is not convicted of a crime arising from the conduct that is the subject of any criminal complaint issued under s. 968.26 968.105 (2) (d).

AB90,84,25 (b) (intro.) The state shall reimburse a state officer or state employee for reasonable attorney fees and costs incurred by the officer or employee in defending a criminal complaint issued under s. 968.26 968.105 (2) (d) arising from the officer's or employee's conduct in the performance of official duties if all of the following apply:

AB90,85,2 2. The officer or employee is not convicted of a crime arising from the conduct that is the subject of the criminal complaint issued under s. 968.26 968.105 (2) (d).

AB90,229 Section 229. 895.54 of the statutes is amended to read:

AB90,85,7 895.54 Liability exemption; notification of release. A person is immune from any liability regarding any act or omission regarding the notification of any applicable office or person under s. 51.37 (10), 304.06 (1), 971.17 (4m) or (6m) 975.62, or 980.11. This section does not apply to willful or wanton acts or omissions.

AB90,230 Section 230. 901.01 of the statutes is amended to read:

AB90,85,10 901.01 Scope. Chapters 901 to 911 govern proceedings in the courts of the state of Wisconsin except as provided in ss. 911.01 and 972.11 967.24.

AB90,231 Section 231. 901.04 (1) of the statutes is amended to read:

AB90,85,17 901.04 (1) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the judge, subject to sub. (2) and ss. 971.31 (11) and 972.11 (2) 346.63 (8), 904.045, 940.22 (6), and 971.65 (6). In making the determination the judge is bound by the rules of evidence only with respect to privileges and as provided in s. 901.05.

AB90,232 Section 232. 901.04 (3) (cm) of the statutes is amended to read:

AB90,85,20 901.04 (3) (cm) Admissibility of evidence specified in s. 972.11 (2) (d) 904.045 (4).

AB90,233 Section 233. 901.05 (3) of the statutes is amended to read:

AB90,86,2 901.05 (3) The results of a test or tests under s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5) and the fact that a person has been ordered to submit to such a test or tests under s. 938.296 (4) or (5) or 968.38 968.725 (4) or (5) are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding.

AB90,234 Section 234. 904.04 (1) (b) of the statutes is amended to read:

AB90,86,8 904.04 (1) (b) Character of victim. Except as provided in s. 972.11 (2) 904.045, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;

AB90,235 Section 235. 904.04 (2) (b) 1. of the statutes is amended to read:

AB90,86,16 904.04 (2) (b) 1. In a criminal proceeding alleging a violation of s. 940.302 (2) or of ch. 948, alleging the commission of a serious sex offense, as defined in s. 939.615 (1) (b), or of domestic abuse, as defined in s. 968.075 969.27 (1) (a), or alleging an offense that, following a conviction, is subject to the surcharge in s. 973.055, evidence of any similar acts by the accused is admissible, and is admissible without regard to whether the victim of the crime that is the subject of the proceeding is the same as the victim of the similar act.

AB90,236 Section 236. 904.045 (title) of the statutes is created to read:

AB90,86,18 904.045 (title) Evidence of sexual conduct.

AB90,237 Section 237. 904.06 (1) of the statutes is amended to read:

AB90,86,24 904.06 (1) Admissibility. Except as provided in s. 972.11 (2) 904.045, evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

AB90,238 Section 238. 906.08 (1) (intro.) of the statutes is amended to read:

AB90,87,4 906.08 (1) Opinion and reputation evidence of character. (intro.) Except as provided in s. 972.11 (2) 904.045, the credibility of a witness may be attacked or supported by evidence in the form of reputation or opinion, but subject to the following limitations:

AB90,239 Section 239. 906.08 (2) of the statutes is amended to read:

AB90,87,12 906.08 (2) Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness's credibility, other than a conviction of a crime or an adjudication of delinquency as provided in s. 906.09, may not be proved by extrinsic evidence. They may, however, subject to s. 972.11 (2) 904.045, if probative of truthfulness or untruthfulness and not remote in time, be inquired into on cross-examination of the witness or on cross-examination of a witness who testifies to his or her character for truthfulness or untruthfulness.

AB90,240 Section 240. 907.06 (5) of the statutes is amended to read:

AB90,87,15 907.06 (5) Appointment in criminal cases. This section shall not apply to the appointment of experts as provided by s. 971.16 975.51.

AB90,241 Section 241. 908.08 (5) (am) of the statutes is amended to read:

AB90,87,18 908.08 (5) (am) The testimony of a child under par. (a) may be taken in accordance with s. 972.11 (2m) 972.20, if applicable.

AB90,242 Section 242. 908.08 (5) (b) of the statutes is amended to read:

AB90,87,24 908.08 (5) (b) If a recorded statement under this section is shown at a preliminary examination under s. 970.03 971.042 or 971.75 (2) and the party who offers the statement does not call the child to testify, the court may not order under par. (a) that the child be produced for cross-examination at the preliminary examination.

AB90,243 Section 243. 908.08 (6) of the statutes is amended to read:

AB90,88,3 908.08 (6) Recorded oral statements of children under this section in the possession, custody, or control of the state are discoverable under ss. 48.293 (3), 304.06 (3d), 971.23 (1) (e) 971.43 (2) (f), and 973.10 (2g).

AB90,244 Section 244. 911.01 (1) of the statutes is amended to read:

AB90,88,10 911.01 (1) Courts and court commissioners. Chapters 901 to 911 apply to the courts of the state of Wisconsin, including municipal courts and circuit, supplemental, and municipal court commissioners, in the proceedings and to the extent hereinafter set forth except as provided in s. 972.11 967.24. The word "judge" in chs. 901 to 911 means judge of a court of record, municipal judge, or circuit, supplemental, or municipal court commissioner.

AB90,245 Section 245. 911.01 (4) (b) of the statutes is amended to read: