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327. 967.02 (title) of the statutes is repealed.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331. 967.02 (3) and (4) of the statutes are repealed.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335. 967.02 (8) of the statutes is repealed.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:
SB82,114,1211
970.06
(1) A prosecution
may be is commenced by the filing of
: (a) A a 12complaint
;.
SB82,357
13Section
357. 967.05 (1) (b) and (c) of the statutes are repealed.
SB82,358
14Section
358. 967.05 (2) and (3) of the statutes are repealed.
SB82,359
15Section
359. 967.055 of the statutes is renumbered 970.25, and 970.25 (2) (a)
16and (b), as renumbered, are amended to read:
SB82,115,1117
970.25
(2) (a) Notwithstanding s.
971.29 970.09, if the prosecutor seeks to
18dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
19therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
20use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
21to the court. The application shall state the reasons for the proposed amendment or
22dismissal. The court may approve the application only if the court finds that the
23proposed amendment or dismissal is consistent with the public's interest in deterring
24the operation of motor vehicles by persons who are under the influence of an
25intoxicant, a controlled substance, a controlled substance analog or any combination
1of an intoxicant, controlled substance and controlled substance analog, under the
2influence of any other drug to a degree which renders him or her incapable of safely
3driving, or under the combined influence of an intoxicant and any other drug to a
4degree which renders him or her incapable of safely driving, in deterring the
5operation of motor vehicles by persons with a detectable amount of a restricted
6controlled substance in his or her blood, or in deterring the operation of commercial
7motor vehicles by persons with an alcohol concentration of 0.04 or more. The court
8may not approve an application to amend the vehicle classification from a
9commercial motor vehicle to a noncommercial motor vehicle unless there is evidence
10in the record that the motor vehicle being operated by the defendant at the time of
11his or her arrest was not a commercial motor vehicle.
SB82,116,212
(b) Notwithstanding s.
971.29 970.09, if the prosecutor seeks to dismiss or
13amend a charge under s. 30.681 (1) or a local ordinance in conformity therewith, a
14charge under s. 30.681 (2), a charge under s. 30.684 (5) or a local ordinance in
15conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the
16use of a motorboat, except a sailboat operating under sail alone, the prosecutor shall
17apply to the court. The application shall state the reasons for the proposed
18amendment or dismissal. The court may approve the application only if the court
19finds that the proposed amendment or dismissal is consistent with the public's
20interest in deterring the operation of motorboats by persons who are under the
21influence of an intoxicant, a controlled substance, a controlled substance analog or
22any combination of an intoxicant, controlled substance and controlled substance
23analog, under the influence of any other drug to a degree which renders him or her
24incapable of operating a motorboat safely, or under the combined influence of an
1intoxicant and any other drug to a degree which renders him or her incapable of
2operating a motorboat safely.
SB82,360
3Section
360. 967.057 of the statutes is renumbered 970.15 (6).
SB82,361
4Section
361. 967.06 (title) of the statutes is repealed.
SB82,362
5Section
362. 967.06 (1) and (2) (a) of the statutes are consolidated,
6renumbered 971.013 and amended to read:
SB82,116,20
7971.013 Determination of indigency; appointment of counsel. As soon
8as practicable after a person has been detained or arrested in connection with any
9offense that is punishable by incarceration
, or in connection with any civil
10commitment proceeding, or in any other situation in which a person is entitled to
11counsel regardless of ability to pay under the constitution or laws of the United
12States or this state, the person shall be informed of his or her right to counsel.
(2)
13(a) Except as provided in par. (b), a A person
entitled to counsel under sub. (1) who
14indicates at any time that he or she wants to be represented by a lawyer, and who
15claims that he or she is not able to pay in full for a lawyer's services, shall
16immediately be permitted to contact the authority for indigency determinations
17specified under s. 977.07 (1). The authority for indigency determination in each
18county shall have daily telephone access to the county jail in order to identify all
19persons who are being held in the jail. The jail personnel shall provide by phone
20information requested by the authority.
SB82,363
21Section
363. 967.06 (2) (b) of the statutes is repealed.
SB82,364
22Section
364. 967.06 (3) of the statutes is renumbered 977.072 and amended
23to read:
SB82,117,5
24977.072 Transcript or court record; costs. In any case in which the state
25public defender provides representation to an indigent person, the public defender
1may request that the applicable court reporter or clerk
of circuit court prepare and
2transmit any transcript or court record. The request shall be complied with. The
3state public defender shall, from the appropriation under s. 20.550 (1) (f),
4compensate the court reporter or clerk
of circuit court for the cost of preparing,
5handling, duplicating, and mailing the documents.
SB82,365
6Section
365. 967.07 of the statutes is repealed.
SB82,366
7Section
366. 967.08 (title) of the statutes is renumbered 967.14 (title).
SB82,367
8Section
367. 967.08 (1) of the statutes is renumbered 967.14 (1) (intro.) and
9amended to read:
SB82,117,1410
967.14
(1) Proceedings covered. (intro.) Unless good cause to the contrary is
11shown,
the court may permit any of the following proceedings
referred to in this
12section may to be conducted by telephone
or live audiovisual means, if available. If
13the proceeding is required to be reported under SCR 71.01 (2), the
on the request of
14either party:
SB82,118,3
15(5) Procedures. A proceeding
conducted under this section shall be
reported 16recorded by a court reporter
who is in simultaneous voice communication with all
17parties to the proceeding. Regardless of the physical location of any party to the call,
18any plea, waiver, stipulation, motion, objection, decision, order or other action taken
19by the court or any party shall have the same effect as if made in open court. With
20the exceptions of scheduling conferences, pretrial conferences, and, during hours the
21court is not in session, setting, review, modification of bail and other conditions of
22release under ch. 969, the if it is required to be reported under SCR 71.01 (2). The 23proceeding shall be conducted in a courtroom or other place reasonably accessible to
24the public
, with the exception of scheduling conferences, pretrial conferences, and,
25when the court is not in session, the setting, review, or modification of the conditions
1of release. Simultaneous access to the proceeding shall be provided to persons
2entitled to attend by means of a loudspeaker or, upon request to the court, by making
3a person party to the telephone call without charge.
SB82,368
4Section
368. 967.08 (2) (intro.) of the statutes is renumbered 967.14 (3) and
5amended to read:
SB82,118,116
967.14
(3) Requests and objections.
The court may permit the following
7proceedings to be conducted under sub. (1) on the request of either party. The request
8and the opposing party's showing of good cause for not conducting the proceeding A
9party may make a request under sub. (1)
may be made by telephone.
The opposing
10party may show good cause by telephone for not conducting the proceeding under this
11section.
SB82,369
12Section
369. 967.08 (2) (a) to (d) of the statutes are renumbered 967.14 (1) (a)
13to (d) and amended to read:
SB82,118,1514
967.14
(1) (a) Initial appearance under
s. 970.01 subch. I of ch. 971 or pretrial
15conference.
SB82,118,1616
(b) Waiver of preliminary examination under s.
970.03, 971.042.
SB82,118,17
17(e) Waiver of a competency hearing under s.
971.14 (4) or 975.34.