SB82: Bill Text

SB82,86,8 904.04 (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;

SB82,235 Section 235. 904.04 (2) (b) 1. of the statutes is amended to read:

SB82,86,16 904.04 (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.

SB82,236 Section 236. 904.045 (title) of the statutes is created to read:

SB82,86,18 904.045 (title) Evidence of sexual conduct.

SB82,237 Section 237. 904.06 (1) of the statutes is amended to read:

SB82,86,24 904.06 (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.

SB82,238 Section 238. 906.08 (1) (intro.) of the statutes is amended to read:

SB82,87,4 906.08 (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:

SB82,239 Section 239. 906.08 (2) of the statutes is amended to read:

SB82,87,12 906.08 (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.

SB82,240 Section 240. 907.06 (5) of the statutes is amended to read:

SB82,87,15 907.06 (5) Appointment in criminal cases. This section shall not apply to the appointment of experts as provided by s. 971.16 975.51.

SB82,241 Section 241. 908.08 (5) (am) of the statutes is amended to read:

SB82,87,18 908.08 (5) (am) The testimony of a child under par. (a) may be taken in accordance with s. 972.11 (2m) 972.20, if applicable.

SB82,242 Section 242. 908.08 (5) (b) of the statutes is amended to read:

SB82,87,24 908.08 (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.

SB82,243 Section 243. 908.08 (6) of the statutes is amended to read:

SB82,88,3 908.08 (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).

SB82,244 Section 244. 911.01 (1) of the statutes is amended to read:

SB82,88,10 911.01 (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.

SB82,245 Section 245. 911.01 (4) (b) of the statutes is amended to read:

SB82,88,13 911.01 (4) (b) Grand jury; John Doe proceedings. Proceedings before grand juries or a John Doe proceeding under s. 968.26 968.105.

SB82,246 Section 246. 911.01 (4) (c) of the statutes is amended to read:

SB82,88,24 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c) 975.31 (2); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or conditions as otherwise provided in ch. 969; proceedings with respect to release on bond under s. 974.09 pending appeal; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

SB82,247 Section 247. 938.18 (10) of the statutes is created to read:

SB82,89,5 938.18 (10) Disposition options; certain juveniles younger than 15. If a court of criminal jurisdiction has jurisdiction over a juvenile for a violation as a result of a waiver under sub. (1) (a) or (b) and the juvenile is alleged to have committed the violation before he or she has attained the age of 15, the court shall proceed as follows:

SB82,89,8 (a) If the juvenile is convicted of an offense for which jurisdiction over the juvenile could not have been waived under sub. (1) (a) or (b), the court shall adjudge the juvenile to be delinquent and impose a disposition specified in s. 938.34.

SB82,89,15 (b) If the juvenile is convicted of an offense other than the offense charged and the offense for which the juvenile is convicted is an offense for which jurisdiction over the juvenile may be waived under sub. (1) (a) or (b) and the court, after considering the criteria specified in sub. (5), determines that the juvenile has proved by clear and convincing evidence that it would be in the best interests of the juvenile and of the public to adjudge the juvenile to be delinquent, the court may impose a disposition specified in s. 938.34.

SB82,248 Section 248. 938.183 (1) (ar) of the statutes is amended to read:

SB82,89,21 938.183 (1) (ar) A juvenile specified in par. (a) or (am) who is alleged to have attempted or committed a violation of any state criminal law in addition to the violation alleged under par. (a) or (am) if the violation alleged under this paragraph and the violation alleged under par. (a) or (am) may be joined under s. 971.12 (1) 970.13.

SB82,249 Section 249. 938.183 (1m) (b) of the statutes is amended to read:

SB82,90,2 938.183 (1m) (b) If a court of criminal jurisdiction transfers jurisdiction under s. 970.032 971.75 (5) or 971.31 (13) 971.77 to a court assigned to exercise jurisdiction under this chapter and ch. 48, the juvenile is subject to the procedures and dispositions specified in subch. subchs. IV to VI.

SB82,250 Section 250. 938.195 (1) (a) of the statutes is amended to read:

SB82,90,5 938.195 (1) (a) "Custodial interrogation" has the meaning given in s. 968.073 969.165 (1) (a).

SB82,251 Section 251. 938.21 (2) (f) of the statutes is created to read:

SB82,90,9 938.21 (2) (f) At a hearing under this section, the representative of the public designated under s. 938.09 shall disclose, if in his or her possession, law enforcement investigative reports relating to the case.

SB82,252 Section 252. 938.293 (2) of the statutes is amended to read:

SB82,90,22 938.293 (2) Records relating to juvenile. All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials to the juvenile or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Section 971.23 Subchapter IV of ch. 971 shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under s. 971.23 (1), (2m), (8), and (9) ss. 971.43, 971.44, 971.45, 971.46, and 971.47.

SB82,253 Section 253. 938.30 (2) of the statutes is amended to read:

SB82,91,8 938.30 (2) Information to juvenile and parents; basic rights; substitution. At or before the commencement of the hearing under this section the juvenile and the parent, guardian, legal custodian, or Indian custodian shall be advised of their rights as specified in s. 938.243 and shall be informed that the hearing shall be to the court and that a request for a substitution of judge under s. 938.29 must be made before the end of the plea hearing or is waived. At the hearing, the district attorney shall disclose, if in his or her possession, law enforcement investigative reports relating to the case. Nonpetitioning parties, including the juvenile, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a substitution of a judge.

SB82,254 Section 254. 938.30 (3) of the statutes is amended to read:

SB82,91,14 938.30 (3) Juvenile in need of protection or services proceeding; possible pleas. If a petition alleges that a juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), (7) or (14), the nonpetitioning parties and the juvenile, if he or she is 12 10 years of age or older or and is otherwise competent to do so, shall state whether they desire to contest the petition.

SB82,255 Section 255. 938.30 (5) (c) (intro.) of the statutes is amended to read:

SB82,91,18 938.30 (5) (c) (intro.) If the court finds that the juvenile was not responsible by reason of mental disease or defect, as described under s. 971.15 975.50 (1) and (2), the court shall dismiss the petition with prejudice and do one of the following:

SB82,256 Section 256. 938.30 (5) (d) (intro.) of the statutes is amended to read:

SB82,91,22 938.30 (5) (d) (intro.) If the court finds that the juvenile is not competent to proceed, as described in s. 971.13 975.30 (1) and (2), the court shall suspend proceedings on the petition and do one of the following:

SB82,257 Section 257. 938.30 (5) (e) 1. (intro.) of the statutes is amended to read:

SB82,92,8 938.30 (5) (e) 1. (intro.) A juvenile who is not competent to proceed, as described in s. 971.13 975.30 (1) and (2), but who is likely to become competent to proceed within 12 months or within the time period of the maximum sentence that may be imposed on an adult for the most serious delinquent act with which the juvenile is charged, whichever is less, and who is committed under s. 51.20 following an order under par. (d) 1. or who is placed under a dispositional order following an order under par. (d) 2., shall be periodically reexamined with written reports of those reexaminations to be submitted to the court every 3 months and within 30 days before the expiration of the juvenile's commitment or dispositional order. Each report shall indicate one of the following:

SB82,258 Section 258. 938.31 (2) of the statutes is amended to read:

SB82,92,18 938.31 (2) Hearing to the court; procedures. The hearing shall be to the court. If the hearing involves a child victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02 (5), the court may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105 967.22. At the conclusion of the hearing, the court shall make a determination of the facts. If the court finds that the juvenile is not within the jurisdiction of the court or the court finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.

SB82,259 Section 259. 938.31 (3) (a) 4. of the statutes is amended to read:

SB82,92,20 938.31 (3) (a) 4. "Statement" has the meaning given in s. 972.115 972.18 (1) (d).

SB82,260 Section 260. 938.31 (3) (d) of the statutes is amended to read:

SB82,93,2 938.31 (3) (d) Notwithstanding ss. 968.28 968.315 to 968.37 968.405, a juvenile's lack of consent to having an audio or audio and visual recording made of a custodial interrogation does not affect the admissibility in evidence of an audio or audio and visual recording of a statement made by the juvenile during the interrogation.

SB82,261 Section 261. 938.315 (2) of the statutes is amended to read:

SB82,93,16 938.315 (2) Continuance for good cause. A continuance may be granted by the court only upon a showing of good cause in open court or during a telephone conference under s. 807.13 on the record and only for so long as is necessary, taking into account the request or consent of the representative of the public under s. 938.09 or the parties, the interests of the victims, and the interest of the public in the prompt disposition of cases. In ruling on any motion or other request for a continuance or delay of the proceedings, the court shall also consider and give weight to any adverse impact the delay or continuance may have on the well-being of a victim or a witness, as defined in s. 950.02 (5), if the victim or witness is a child. In addition, if a victim or a witness is a child, the court and the representative of the public under s. 938.09 shall take appropriate action to ensure speedy proceedings in order to minimize the time during which the child must endure the stress of his or her involvement in the proceedings.

SB82,262 Section 262. 938.35 (1) (cm) of the statutes is amended to read:

SB82,93,19 938.35 (1) (cm) In a court of civil or criminal jurisdiction for purposes of setting bail under s. 974.09 or ch. 969 or impeaching a witness under s. 906.09.

SB82,263 Section 263. 938.396 (1) (a) of the statutes is amended to read:

SB82,93,25 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles shall be kept separate from records of adults. Law enforcement agency records of juveniles may not be open to inspection or their contents disclosed except under par. (b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 938.21 (2) (f), 938.293, or 938.30 (2) or by order of the court.

SB82,264 Section 264. 938.396 (2g) (dr) of the statutes is amended to read:

SB82,94,7 938.396 (2g) (dr) Presentence investigation. Upon request of the department of corrections or any other person preparing a presentence investigation under s. 972.15 973.004 to review court records for the purpose of preparing the presentence investigation, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.

SB82,265 Section 265. 938.535 of the statutes is amended to read:

SB82,94,16 938.535 Early release and intensive supervision program; limits. The department may establish a program for the early release and intensive supervision of juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183 or 938.34 (4m). The program may not include any juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035 969.43, but not including the crime specified in s. 948.02 (1).

SB82,266 Section 266. 938.78 (2) (d) 1. of the statutes is amended to read:

SB82,94,19 938.78 (2) (d) 1. The subject of a presentence investigation under s. 972.15 973.004.

SB82,267 Section 267. 939.60 of the statutes is amended to read:

SB82,94,23 939.60 Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony " Felony" has the meaning given in s. 967.025 (11). Every other crime is a misdemeanor.

SB82,268 Section 268. 939.615 (2) (a) of the statutes is amended to read:

SB82,95,7 939.615 (2) (a) Except as provided in par. (b), if a person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental disease or defect, the court may, in addition to sentencing the person, placing the person on probation or, if applicable, committing the person under s. 971.17 subch. III of ch. 975, place the person on lifetime supervision by the department if notice concerning lifetime supervision was given to the person under s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.

SB82,269 Section 269. 939.615 (3) (d) of the statutes is amended to read:

SB82,95,12 939.615 (3) (d) If the person has been committed to the department of health services under s. 971.17 subch. III of ch. 975 for the serious sex offense, upon the termination of his or her commitment under s. 971.17 (5) 975.60 or his or her discharge from the commitment under s. 971.17 (6) 975.61, whichever is applicable.

SB82,270 Section 270. 939.621 (1) (a) of the statutes is amended to read:

SB82,95,19 939.621 (1) (a) A person who commits, during the 72 hours immediately following an arrest for a domestic abuse incident as set forth in s. 968.075 969.27 (5), an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a) that constitutes the commission of a crime. For the purpose of the definition under this paragraph, the 72-hour period applies whether or not there has been a waiver by the victim under s. 968.075 969.27 (5) (c).

SB82,271 Section 271. 939.621 (2) of the statutes is amended to read:

SB82,96,2 939.621 (2) If a person commits an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a) and the act constitutes the commission of a crime, the maximum term of imprisonment for that crime may be increased by not more than 2 years if the person is a domestic abuse repeater. The victim of the domestic abuse crime does not have to be the same as the victim of the domestic abuse incident that resulted in the prior arrest or conviction. The penalty increase under this section changes the status of a misdemeanor to a felony.

SB82,272 Section 272. 939.74 (1) of the statutes is amended to read:

SB82,96,8 939.74 (1) Except as provided in subs. (2) and (2d) and s. 946.88 (1), prosecution for a felony must be commenced within 6 years and prosecution for a misdemeanor or for adultery within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information a complaint is filed.

SB82,273 Section 273. 939.74 (3) of the statutes is amended to read:

SB82,96,14 939.74 (3) In computing the time limited by this section, the time during which the actor was not publicly a resident within this state or during which a prosecution against the actor for the same act was pending shall not be included. A prosecution is pending when a warrant or a summons has been issued, an indictment has been found, or an information a complaint has been filed.

SB82,274 Section 274. 939.74 (4) of the statutes is amended to read:

SB82,96,19 939.74 (4) In computing the time limited by this section, the time during which an alleged victim under s. 940.22 (2) is unable to seek the issuance filing of a complaint under s. 968.02 970.08 due to the effects of the sexual contact or due to any threats, instructions or statements from the therapist shall not be included.

SB82,275 Section 275. 940.09 (1m) (a) of the statutes is amended to read:

SB82,97,2 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of sub. (1) (c), (cm), or (d); any combination of sub. (1) (c), (cm), or (e); any combination of sub. (1g) (a), (am), or (b) or;; or any combination of sub. (1g) (c), (cm), or (d) for acts arising out of the same incident or occurrence.

SB82,276 Section 276. 940.09 (1m) (b) of the statutes is amended to read:

SB82,97,13 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the others do not require.

SB82,277 Section 277. 940.225 (4) (intro.) of the statutes is amended to read:

SB82,97,20 940.225 (4) Consent. (intro.) "Consent", as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2) 904.045: