AB90: Bill Text

AB90,663 Section 663. 970.02 (8) of the statutes, as affected by 2013 Wisconsin Act 214, is renumbered 971.027 (7) and amended to read:

AB90,208,25 971.027 (7) Obtaining biological specimen. If the offense charged is a violent crime, as defined in s. 165.84 (7) (ab), the judge court shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the judge court requires the defendant to provide a specimen under this subsection or if a biological specimen has already been obtained from the defendant, the judge court shall inform the defendant that he or she may request expungement under s. 165.77 (4).

AB90,664 Section 664. 970.03 (title) of the statutes is renumbered 971.042 (title).

AB90,665 Section 665. 970.03 (1) of the statutes is renumbered 971.042 (1) and amended to read:

AB90,209,9 971.042 (1) A preliminary examination is a hearing before a court for the purpose of determining if there is probable cause to believe a felony has been committed by the defendant. A preliminary examination may be held in conjunction with a bail revocation hearing under s. 969.08 (5) 969.51 (1) (b), but separate findings shall be made by the judge relating to the preliminary examination and to the bail revocation.

AB90,666 Section 666. 970.03 (2), (3), (4), (5) and (6) of the statutes are renumbered 971.042 (2), (3), (4), (5) and (6).

AB90,667 Section 667 . 970.03 (7), (8) and (9) of the statutes are renumbered 971.042 (7) (a), (b) and (c) and amended to read:

AB90,209,15 971.042 (7) (a) If the court finds probable cause to believe that a felony has been committed by the defendant, it shall bind the defendant over for trial.

AB90,209,18 (b) If the court finds that it is probable that only a misdemeanor has been committed by the defendant, it shall amend the complaint to conform to the evidence. The action shall then proceed as though it had originated as a misdemeanor action.

AB90,209,21 (c) If the court does not find probable cause to believe that a crime has been committed by the defendant, it shall order the defendant discharged forthwith immediately.

AB90,668 Section 668. 970.03 (10), (12), (13) and (14) of the statutes are renumbered 971.042 (8), (9), (10) and (11), and 971.042 (8) and (9) (a) 1., as renumbered, are amended to read:

AB90,210,5 971.042 (8) In multiple count complaints, the court shall order dismissed any count for which it finds there is no probable cause. The facts arising out of any count ordered dismissed shall not be the basis for a count in any information filed pursuant to ch. 971. Section 970.04 under this chapter. Subsection (13) shall apply to any dismissed count.

AB90,210,6 (9) (a) 1. "Hospital" has the meaning designated given in s. 50.33 (2).

AB90,669 Section 669. 970.032 (title) of the statutes is repealed.

AB90,670 Section 670 . 970.032 (1) of the statutes is renumbered 971.75 (1) and amended to read:

AB90,210,16 971.75 (1) Probable cause hearing. Notwithstanding s. 970.03 971.042, if a preliminary examination is held regarding a juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall first conduct an evidentiary hearing to determine whether if there is probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever is applicable.

AB90,210,22 (3) Findings at probable cause hearing. (a) If the court does not make that finding find that there is probable cause to believe the juvenile committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever is applicable, the court shall order that the juvenile be discharged, but proceedings may be brought regarding the juvenile under ch. 938.

AB90,671 Section 671 . 970.032 (2) (intro.) of the statutes is renumbered 971.75 (3) (b) and amended to read:

AB90,211,6 971.75 (3) (b) If the court finds probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), the court shall conduct a hearing under sub. (5) to determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court may base its finding of probable cause in whole or in part on hearsay.

AB90,211,9 (5) Findings at retention hearing. The If the court finds probable cause under sub. (3) (b), it shall retain jurisdiction unless the juvenile proves by a preponderance of the evidence all of the following:

AB90,672 Section 672. 970.032 (2) (a), (b) and (c) of the statutes are renumbered 971.75 (5) (a), (b) and (c).

AB90,673 Section 673. 970.035 of the statutes is renumbered 971.046 and amended to read:

AB90,211,24 971.046 Preliminary examination; juvenile younger than 15 years old. Notwithstanding s. 970.03 971.042, if a preliminary examination under s. 970.03 971.042 is held regarding a juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the juvenile be discharged but proceedings may be brought regarding the juvenile under ch. 938.

AB90,674 Section 674. 970.038 of the statutes is renumbered 971.043 and amended to read:

AB90,212,5 971.043 Preliminary examination; hearsay exception. (1) Notwithstanding s. 908.02, hearsay is admissible in a preliminary examination under ss. 970.03, 970.032, and 970.035 971.042, 971.75 (2), and 971.046.

AB90,212,8 (2) A court may base its finding of probable cause under s. 970.03 (7) or (8), 970.032 (2), or 970.035 971.042 (7) (a) or (b), 971.75 (3), or 971.046 in whole or in part on hearsay admitted under sub. (1).

AB90,675 Section 675. 970.04 of the statutes is renumbered 971.044.

AB90,676 Section 676. 970.05 of the statutes is renumbered 971.045.

AB90,677 Section 677. Subchapter I (title) of chapter 970 [precedes 970.06] of the statutes is created to read:

AB90,212,13 chapter 970

AB90,212,15 subchapter i general provisions

AB90,678 Section 678. 970.06 (2) of the statutes is created to read:

AB90,212,17 970.06 (2) When a grand jury indicts a person, a complaint shall be filed.

AB90,679 Section 679. 970.06 (3) of the statutes is created to read:

AB90,212,19 970.06 (3) The trial of a criminal action shall be upon the complaint.

AB90,680 Section 680. 970.06 (4) of the statutes is created to read:

AB90,212,22 970.06 (4) A complaint upon which a criminal action is tried is an information for the purposes of article I, section 7, of the constitution.

AB90,681 Section 681. 970.08 (2) of the statutes is created to read:

AB90,212,25 970.08 (2) A complaint is filed when the district attorney signs it and files it with the clerk of the court for the county where the crime was committed.

AB90,682 Section 682. 970.09 (2) of the statutes is created to read:

AB90,213,4 970.09 (2) The court may allow the district attorney to amend the complaint after the defendant enters a plea but within a reasonable time before trial if the amendment does not prejudice the defendant.

AB90,683 Section 683. 970.10 (title), (1) and (3) of the statutes are created to read:

AB90,213,9 970.10 (title) Dismissing the complaint. (1) If the district attorney moves to dismiss a complaint, the trial court shall grant the motion unless the court finds that dismissal is contrary to the public interest. The motion may not be granted during the trial without the consent of the defendant.

AB90,213,11 (3) Granting a motion made under sub. (1) dismisses the action, and the clerk shall enter an order to that effect.

AB90,684 Section 684. 970.13 (3) of the statutes is created to read:

AB90,213,14 970.13 (3) Relief from prejudicial joinder. Relief from prejudicial joinder may be sought under s. 971.68 (2).

AB90,685 Section 685. 970.14 (13) of the statutes is created to read:

AB90,213,20 970.14 (13) In an action where the state asserts jurisdiction under s. 939.03 (1) (b) or (c) and where the place of trial cannot readily be determined under this section, the trial may be in the county where the defendant intended that the crime be committed, the county of residence of the intended victims, or, if neither of these applies, Dane County.

AB90,686 Section 686. 970.15 of the statutes is created to read:

AB90,213,23 970.15 Deferred and suspended prosecution agreements. (1) Definitions. In this section:

AB90,213,25 (a) "Deferred prosecution agreement" means an agreement under which a prosecutor does not file a criminal complaint but may do so in the future.

AB90,214,3 (b) "Suspended prosecution agreement" means an agreement under which further prosecution against a person is suspended after a prosecutor files a criminal complaint against the person.

AB90,214,7 (2) Deferred prosecution agreements. The same standards that apply to a district attorney's charging authority govern the district attorney's authority to enter into a deferred prosecution agreement. A deferred prosecution agreement is enforceable in the same manner as a plea agreement.

AB90,214,14 (3) Suspended prosecution agreements. The same standards that apply to a court's authority to schedule cases and grant continuances apply to a court's authority to suspend prosecution when the parties have reached a suspended prosecution agreement. The court's authority to suspend prosecution includes the authority to defer or delay the acceptance of a plea or to withhold entry of judgment. A suspended prosecution agreement is enforceable in the same manner as a plea agreement.

AB90,214,20 (4) Admissions and statements. Consent to, or participation in, a deferred prosecution agreement or a suspended prosecution agreement is not an admission of guilt and is not admissible in any trial relating to the charge to which the agreement pertains. No statement made by a person in connection with a deferred prosecution agreement or a suspended prosecution agreement is admissible in any trial relating to the charge to which the agreement pertains.

AB90,214,25 (5) Immunity. Any organization, agency, or individual acting in good faith for which or for whom a person is assigned to work pursuant to a deferred prosecution agreement or a suspended prosecution agreement has immunity from any civil liability in excess of $25,000 for acts or omissions by the person or affecting the person.

AB90,687 Section 687. Subchapter II (title) of chapter 970 [precedes s. 970.21] of the statutes is created to read:

AB90,215,3 chapter 970

AB90,215,5 subchapter iI particular offenses

AB90,688 Section 688. Chapter 971 (title) of the statutes is repealed and recreated to read:

AB90,215,8 chapter 971

AB90,215,9 pretrial procedures

AB90,689 Section 689. 971.01 of the statutes is renumbered 971.051, and 971.051 (1), as renumbered, is amended to read:

AB90,215,16 971.051 (1) The district attorney shall examine all facts and circumstances connected with any preliminary examination touching the commission of any crime if the defendant has been bound over for trial and, subject to s. 970.03 (10) 971.042 (8), shall file an information according to the evidence on such examination subscribing his or her name thereto.

AB90,690 Section 690. Subchapter I (title) of chapter 971 [precedes 971.013] of the statutes is created to read:

AB90,215,19 chapter 971

AB90,215,20 Subchapter I

AB90,215,21 commencement of proceedings

AB90,691 Section 691. 971.015 (title) of the statutes is created to read:

AB90,215,23 971.015 (title) Initial court appearance.

AB90,692 Section 692. 971.015 (1) (title) of the statutes is created to read:

AB90,215,25 971.015 (1) (title) Persons in custody.

AB90,693 Section 693. 971.015 (1) (b) of the statutes is created to read:

AB90,216,5 971.015 (1) (b) A person in custody outside the county in which the offense was alleged to have been committed shall have an initial appearance in the court for the county in which the offense was alleged to have been committed as soon as practicable. Conditions of release may be set under s. 969.33.

AB90,694 Section 694. 971.015 (2) of the statutes is created to read:

AB90,216,9 971.015 (2) Persons not in custody. A person who is arrested and released or who is issued a citation is entitled to an initial appearance within a reasonable time after being arrested or cited.

AB90,695 Section 695. 971.015 (4) of the statutes is created to read:

AB90,216,12 971.015 (4) Discovery before the initial appearance. The district attorney may provide discovery before the initial appearance.

AB90,696 Section 696. 971.02 of the statutes is renumbered 971.052, and 971.052 (1) and (2) (intro.), (a), (b) and (c), as renumbered, are amended to read:

AB90,216,23 971.052 (1) If the defendant is charged with a felony in any complaint, including a complaint issued under s. 968.26 968.105, or when the defendant has been returned to this state for prosecution through extradition proceedings under ch. 976, or any indictment, no information or indictment shall be filed until the defendant has had a preliminary examination, unless the defendant waives such examination in writing or in open court or unless the defendant is a corporation or limited liability company. The omission of the preliminary examination shall not invalidate any information unless the defendant moves to dismiss prior to the entry of a plea.

AB90,216,25 (2) (intro.) Upon motion and for cause shown, the trial court may remand the case for a preliminary examination. "Cause" means all of the following:

AB90,217,1 (a) The preliminary examination was waived; and.

AB90,217,2 (b) Defendant did not have advice of counsel prior to such waiver ; and.

AB90,217,3 (c) Defendant denies that probable cause exists to hold him or her for trial; and.

AB90,697 Section 697. 971.027 (intro.) of the statutes is created to read:

AB90,217,6 971.027 Duties at the initial appearance. (intro.) All of the following shall occur at the initial appearance:

AB90,698 Section 698. 971.027 (1m) and (4) of the statutes are created to read:

AB90,217,15 971.027 (1m) Probable cause determination. The court shall determine whether the facts alleged in the complaint establish probable cause to believe that the defendant committed the crime charged. If probable cause exists as to at least one count of the complaint, the court may set a date for further proceedings and, if the defendant requests, shall set a date for trial. Notwithstanding a finding of probable cause under this subsection, the defendant may move to dismiss a complaint or any count in a complaint based on lack of probable cause by filing a motion under s. 971.65.

AB90,217,19 (4) Request for and entry of plea. The court shall ask for the defendant's plea to the charges in the complaint. If the defendant stands mute or refuses to plead to any charge, the court shall direct the entry of a plea of not guilty on the defendant's behalf.