SB82,104,1510
950.04
(1v) (s) To have any stolen or other personal property expeditiously
11returned by law enforcement agencies when no longer needed as evidence, subject
12to s.
968.205 968.645. If feasible, all such property, except weapons, currency,
13contraband, property subject to evidentiary analysis, property subject to
14preservation under s.
968.205 968.645, and property the ownership of which is
15disputed, shall be returned to the person within 10 days of being taken.
SB82,314
16Section
314. 950.04 (1v) (um) of the statutes is amended to read:
SB82,104,1917
950.04
(1v) (um) To have district attorneys make a reasonable attempt to notify
18the victim under s.
971.17 (4m) 975.62 (2) regarding conditional releases under s.
19971.17 975.57 (4) or 975.59.
SB82,315
20Section
315. 950.04 (1v) (x) of the statutes is amended to read:
SB82,104,2421
950.04
(1v) (x) To have the department of health services make a reasonable
22attempt to notify the victim under s.
971.17 (6m)
975.62 (3) regarding termination
23or discharge under s.
971.17 975.60 or 975.61 and under s. 51.37 (10) regarding home
24visits under s. 51.37 (10).
SB82,316
25Section
316. 950.04 (2w) (f) of the statutes is amended to read:
SB82,105,2
1950.04
(2w) (f) To be provided a waiting area under ss. 938.2965 and
967.10 2967.23.
SB82,317
3Section
317. 950.055 (2) (b) of the statutes is amended to read:
SB82,105,84
950.055
(2) (b) Advice to the judge, when appropriate and as a friend of the
5court, regarding the child's ability to understand proceedings and questions. The
6services may include providing assistance in determinations concerning the taking
7of depositions by audiovisual means under s. 908.08 or
967.04 (7) and (8) 967.22 and
8the duty to expedite proceedings under
s. ss. 938.315 (2) and 971.105.
SB82,318
9Section
318. 950.08 (2g) (c) of the statutes is amended to read:
SB82,105,1610
950.08
(2g) (c) The address and telephone number of the intake worker,
11corporation counsel
, or district attorney whom the victim may contact to obtain
12information concerning the rights of victims and to request notice of court
13proceedings under ss. 938.27 (4m) and (6), 938.273 (2), 938.299 (1) (am) and 938.335
14(3m) (b) or ss. 971.095 (3) and
972.14 973.003 (3) (b), whichever is applicable, and to
15request the opportunity to confer under
ss. s. 938.245 (1m), 938.265
, or 938.32 (1)
16(am) or s. 971.095 (2), whichever is applicable.
SB82,319
17Section
319. 950.08 (2g) (e) of the statutes is amended to read:
SB82,105,2118
950.08
(2g) (e) The address and telephone number of the custodial agency that
19the victim may contact for information concerning release under s. 938.20
or, 938.21
,
20or 974.09 or ch. 969, whichever is appropriate, of a person arrested or taken into
21custody for the crime of which he or she is a victim.
SB82,320
22Section
320
. 950.08 (2g) (h) of the statutes is amended to read:
SB82,106,223
950.08
(2g) (h) If the victim is a victim of an officer-involved death, as defined
24in s. 175.47 (1) (c), information about the process by which he or she may file a
1complaint under s.
968.02 or 968.26 968.105 (2) and about the process of an inquest
2under s.
979.05 968.025.
SB82,321
3Section
321. 950.08 (2r) (intro.) of the statutes is amended to read:
SB82,106,104
950.08
(2r) Information to be provided by a district attorney in criminal
5cases. (intro.) As soon as practicable, but in no event later than 10 days after the
6initial appearance under s.
970.01 971.015 or 24 hours before a preliminary
7examination under s.
970.03 971.042, whichever is earlier, of a person charged with
8a crime in a court of criminal jurisdiction, a district attorney shall make a reasonable
9attempt to provide to each victim of the crime written information on all of the
10following:
SB82,322
11Section
322. 950.08 (2w) of the statutes is amended to read:
SB82,106,2112
950.08
(2w) Information to be provided by district attorneys to schools in
13criminal cases. If a criminal complaint is issued under s.
968.02 970.08 or if a
14petition for waiver is granted pursuant to s. 938.18, and the district attorney
15reasonably believes the person charged is a pupil enrolled in a school district, a
16private school, or a charter school established pursuant to 118.40 (2r), the district
17attorney shall make a reasonable attempt to notify the school board, governing body
18of the private school, as defined in s. 115.001 (3d), or charter school governing body
19of the charges pending against the pupil. The district attorney shall also notify the
20school board, governing body of the private school, or charter school governing body
21of the final disposition of the charges.
SB82,323
22Section
323. 951.01 (4) of the statutes is amended to read:
SB82,106,2423
951.01
(4) "Law enforcement officer" has the meaning assigned under s.
967.02
24(5) 967.025 (13) but does not include a conservation warden appointed under s. 23.10.
SB82,324
25Section
324. 961.48 (2m) (a) of the statutes is amended to read:
SB82,107,8
1961.48
(2m) (a) Whenever a person charged with a felony offense under this
2chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
3not subject to an enhanced penalty under sub. (1) unless any applicable prior
4convictions are alleged in the complaint, indictment
, or information or in an
5amended complaint, indictment
, or information that is filed under par. (b) 1. A
6person is not subject to an enhanced penalty under sub. (1) for an offense if an
7allegation of applicable prior convictions is withdrawn by an amended complaint
8indictment, or information filed under par. (b) 2.
SB82,325
9Section
325. 961.48 (2m) (b) (intro.) of the statutes is amended to read:
SB82,107,1310
961.48
(2m) (b) (intro.) Notwithstanding s.
971.29 970.09 (1), at any time before
11entry of a guilty or no contest plea or the commencement of a trial, a district attorney
12may file without leave of the court an amended complaint, information
, or indictment
13that does any of the following:
SB82,326
14Section
326. 967.01 of the statutes is amended to read:
SB82,107,19
15967.01 Title and effective date. Chapters 967 to 979 may be referred to as
16the criminal procedure code and shall be interpreted as a unit. Chapters 967 to 979
17shall govern all criminal proceedings
and is effective on July 1, 1970. Chapters 967
18to 979 apply in all prosecutions commenced on or after that date. Prosecutions
19commenced prior to July 1, 1970, shall be governed by the law existing prior thereto.
SB82,327
20Section
327. 967.02 (title) of the statutes is repealed.
SB82,328
21Section
328. 967.02 (intro.) of the statutes is renumbered 967.025 (intro.).
SB82,329
22Section
329. 967.02 (1) of the statutes is renumbered 967.025 (4) and amended
23to read:
SB82,107,2524
967.025
(4) "Clerk" means the clerk of
circuit court of the county
including and
25includes the clerk's deputies.
SB82,330
1Section
330. 967.02 (2) of the statutes is renumbered 967.025 (9) and amended
2to read:
SB82,108,43
967.025
(9) "Department" means the department of corrections, except as
4provided in
ss. 971.14 and 975.001 s. 975.20 (1) for purposes of ch. 975.
SB82,331
5Section
331. 967.02 (3) and (4) of the statutes are repealed.
SB82,332
6Section
332. 967.02 (5) of the statutes is renumbered 967.025 (13).
SB82,333
7Section
333. 967.02 (6) of the statutes is renumbered 967.025 (12) and
8amended to read:
SB82,108,109
967.025
(12) "Judge" means judge of
a the court
of record and includes a court
10commissioner acting within the scope of authority conferred under s. 757.69.
SB82,334
11Section
334. 967.02 (7) of the statutes is renumbered 967.025 (6) and amended
12to read:
SB82,108,1513
967.025
(6) "Court" means the circuit court unless otherwise indicated
and
14includes a court commissioner acting within the scope of authority conferred under
15s. 757.69.
SB82,335
16Section
335. 967.02 (8) of the statutes is repealed.
SB82,336
17Section
336. 967.025 (title) of the statutes is created to read:
SB82,108,18
18967.025 (title)
Definitions.
SB82,337
19Section
337. 967.025 (2) of the statutes is created to read:
SB82,108,2120
967.025
(2) "Bond" means a promise by a person in custody to appear in court
21as required and to comply with other conditions.
SB82,338
22Section
338. 967.025 (3) of the statutes is created to read:
SB82,108,2423
967.025
(3) "Citation" means a directive, issued by a law enforcement officer,
24that a person appear in court or the district attorney's office.
SB82,339
25Section
339. 967.025 (5) of the statutes is created to read:
SB82,109,4
1967.025
(5) "Complaint" or "criminal complaint" means the written statement
2of the essential facts constituting the crime charged that is issued by a district
3attorney. "Complaint" or "criminal complaint" includes a citation endorsed by a
4district attorney under s. 969.24 (5).
SB82,340
5Section
340. 967.025 (7) of the statutes is created to read:
SB82,109,86
967.025
(7) "Crime" means conduct that is prohibited by state law and
7punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture
8is not a crime.
SB82,341
9Section
341. 967.025 (8) of the statutes is created to read:
SB82,109,1110
967.025
(8) "Crime considered at sentencing" means any crime for which the
11defendant was convicted and any read-in crime.
SB82,342
12Section
342. 967.025 (10) of the statutes is created to read:
SB82,109,1613
967.025
(10) "District attorney" includes any duly qualified deputies and
14assistants and includes a special prosecutor under s. 978.045, a person assisting
15under s. 978.05 (8) (b), and the attorney general in cases in which he or she is
16authorized to investigate or prosecute.
SB82,343
17Section
343. 967.025 (11) of the statutes is created to read:
SB82,109,2218
967.025
(11) "Felony" means a crime punishable by imprisonment in the
19Wisconsin state prisons, but does not include a crime that is punishable by
20imprisonment in prison only as a result of the application of a penalty increase
21provision that does not specifically provide that application of the penalty increase
22makes the crime a felony.
SB82,344
23Section
344. 967.025 (14) of the statutes is created to read:
SB82,109,2424
967.025
(14) "Misdemeanor" means a crime other than a felony.
SB82,345
25Section
345. 967.025 (15) of the statutes is created to read:
SB82,110,1
1967.025
(15) "Motion" means an application for an order.
SB82,346
2Section
346. 967.025 (16) of the statutes is created to read:
SB82,110,63
967.025
(16) "Read-in crime" means any crime that is uncharged or that is
4dismissed as part of a plea agreement, that the defendant agrees to have considered
5by the court at the time of sentencing, and that the court considers at the time of
6sentencing the defendant for the crime for which the defendant was convicted.
SB82,347
7Section
347. 967.025 (17) of the statutes is created to read:
SB82,110,98
967.025
(17) "Sentencing" means the imposition of a sentence, fine, or
9probation.
SB82,348
10Section
348. 967.03 of the statutes is repealed.
SB82,349
11Section
349. 967.04 (title), (1), (2), (3), (4), (5) and (6) of the statutes are
12renumbered 967.21 (title), (1), (2), (3), (4), (5) and (6), and 967.21 (title), (1) and (4)
13(a), as renumbered, are amended to read:
SB82,110,25
14967.21 (title)
Depositions in criminal proceedings generally. (1) 15Circumstance under which permitted. If it appears that a prospective witness may
16be unable to attend or prevented from attending a criminal trial or hearing, that the
17prospective witness's testimony is material and that it is necessary to take the
18prospective witness's deposition in order to prevent a failure of justice, the court at
19any time after the filing of an indictment or information may upon motion and notice
20to the parties order that the prospective witness's testimony be taken by deposition
21and that any designated books, papers, documents
, or tangible objects, not
22privileged, be produced at the same time and place. If a witness is committed
23pursuant to s.
969.01 (3) 969.52, the court shall direct that the witness's deposition
24be taken upon notice to the parties.
After the deposition has been subscribed, the
25court shall discharge the witness.
SB82,111,6
1(4) (a) If the state or a witness procures
such an order
under sub. (1), the notice
2shall inform the defendant that the defendant is required to personally attend at the
3taking of the deposition and that the defendant's failure so to do is a waiver of the
4defendant's right to face the witness whose deposition is to be taken. Failure to
5attend shall constitute a waiver unless the defendant was physically unable to
6attend.
SB82,350
7Section
350. 967.04 (7) (a) of the statutes is renumbered 967.22 (1) and
8amended to read:
SB82,111,149
967.22
(1) Circumstance under which permitted. In any criminal prosecution
10or any proceeding under ch. 48 or 938, any party may move the court to order that
11a deposition of a child who has been or is likely to be called as a witness be taken by
12audiovisual means. Upon notice and hearing, the court may issue an order for such
13a deposition if the trial or hearing in which the child may be called will commence
14before one of the following:
SB82,111,1515
(a)
Prior to the The child's 12th birthday
; or.
SB82,111,1816
(b)
Prior to the The child's 16th birthday
and if the court finds
under sub. (2) 17that the interests of justice warrant that the child's testimony be prerecorded for use
18at the trial or hearing
under par. (b).
SB82,351
19Section
351. 967.04 (7) (b) of the statutes is renumbered 967.22 (2), and 967.22
20(2) (intro.), (a), (c), (f) and (g), as renumbered, are amended to read:
SB82,111,2321
967.22
(2) Determining interests of justice. (intro.) Among the factors
which 22that the court may consider in determining the interests of justice are any of the
23following:
SB82,112,3
1(a) The child's chronological age, level of development and capacity to
2comprehend the significance of the events
about which the child will testify and to
3verbalize about them.
SB82,112,84
(c) Whether the events about which the child will testify constituted criminal
5or antisocial conduct against the child or a person with whom the child had a close
6emotional relationship and, if the conduct constituted a battery or a sexual assault,
7its duration and the extent of physical or emotional injury
thereby caused
by the
8battery or sexual assault.
SB82,112,109
(f) The child's behavior at or reaction to previous interviews concerning the
10events
involved about which the child will testify.
SB82,112,1611
(g) Whether the child blames himself or herself for the events
involved about
12which the child will testify or has ever been told by any person not to disclose them;
13whether the child's prior reports to associates or authorities of the events have been
14disbelieved or not acted upon; and the child's
subjective belief regarding what
15consequences to himself or herself, or persons with whom the child has a close
16emotional relationship, will ensue from providing testimony.
SB82,352
17Section
352. 967.04 (8) of the statutes is renumbered 967.22 (3), and 967.22
18(3) (a) and (b) (intro.) and 4., as renumbered, are amended to read:
SB82,113,219
967.22
(3) Procedures. (a) If the court orders a deposition under sub.
(7) (1),
20the judge shall preside at the taking of the deposition and enforce compliance with
21the applicable provisions of ss. 885.44 to 885.47. Notwithstanding s. 885.44 (5),
22counsel may make objections and the judge shall make rulings thereon as at trial.
23The clerk
of court shall keep the certified original recording of a deposition taken
24under sub.
(7) (1) in a secure place. No person may inspect or copy the deposition
25except by order of the court upon a showing that inspection or copying is required for
1editing under s. 885.44 (12) or for the investigation, prosecution
, or defense of the
2action in which it was authorized or the provision of services to the child.
SB82,113,43
(b) (intro.) If the court orders that a deposition be taken by audiovisual means
4under sub.
(7) (1), the court shall do all of the following:
SB82,113,95
4.
Determine that the child understands that it is wrong to tell a lie and will
6testify truthfully if If the child's developmental level or verbal skills are such that
7administration of an oath or affirmation in the usual form would be inappropriate
,
8determine that the child understands that it is wrong to tell a lie and will testify
9truthfully.
SB82,353
10Section
353. 967.04 (9) of the statutes is renumbered 967.22 (4) and amended
11to read:
SB82,113,2012
967.22
(4) Use at trial, hearing, or other proceeding. In any criminal
13prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may
14admit into evidence a recorded deposition taken under
subs. (7) and (8) this section 15without an additional hearing under s. 908.08. In any proceeding under s. 302.113
16(9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order
17that a deposition be taken by audiovisual means and preside at the taking of the
18deposition using the procedure provided in
subs. (7) and (8) this section and may
19admit the recorded deposition into evidence without an additional hearing under s.
20908.08.
SB82,354
21Section
354. 967.04 (10) of the statutes is renumbered 967.22 (5) and amended
22to read:
SB82,114,523
967.22
(5) Subsequent testimony. If a court or hearing examiner admits a
24recorded deposition into evidence under sub.
(9)
(4), the child may not be called as
25a witness at the proceeding in which it was admitted unless the court or hearing
1examiner so orders upon a showing that additional testimony by the child is required
2in the interest of fairness for reasons neither known nor with reasonable diligence
3discoverable at the time of the deposition by the party seeking to call the child. The
4testimony of a child who is required to testify under this subsection may be taken in
5accordance with s.
972.11 (2m) 972.20, if applicable.
SB82,355
6Section
355. 967.05 (title) of the statutes is renumbered 970.06 (title) and
7amended to read:
SB82,114,8
8970.06 (title)
Methods of commencing prosecution.
SB82,356
9Section
356. 967.05 (1) (intro.) and (a) of the statutes are consolidated,
10renumbered 970.06 (1) and amended to read: