SB82: Bill Text

SB82,120,20 967.21 (4) (title) Attendance by defendant.

SB82,384 Section 384. 967.21 (5) (title) of the statutes is created to read:

SB82,120,22 967.21 (5) (title) Use at trial or hearing.

SB82,385 Section 385. 967.21 (6) (title) of the statutes is created to read:

SB82,120,24 967.21 (6) (title) Objections.

SB82,386 Section 386. 967.22 (title) of the statutes is created to read:

SB82,121,1 967.22 (title) Deposition of a child by audiovisual means.

SB82,387 Section 387. 968.01 (title) of the statutes is renumbered 970.07 (title) and amended to read:

SB82,121,4 970.07 (title) Complaint; contents and oath.

SB82,388 Section 388. 968.01 (1) (intro.), (a) and (b) of the statutes are renumbered 970.07 (1) (intro.), (a) and (b).

SB82,389 Section 389. 968.01 (1) (c) of the statutes is repealed.

SB82,390 Section 390. 968.01 (2) of the statutes is renumbered 970.07 (2) and amended to read:

SB82,121,15 970.07 (2) The complaint is a written statement of the shall specify the time and place each crime charged was committed, the section of the statutes alleged to have been violated, and the maximum penalty prescribed for each crime charged. The complaint shall include a statement of the essential facts constituting the offense crime charged. A person may make a complaint on, signed by the person on whose knowledge, information, and belief the statement is based.

SB82,121,17 (3) Except as provided in sub. (3) or (4) or (5), the complaint shall be made upon oath before a district attorney or judge as provided in this chapter.

SB82,391 Section 391. 968.01 (3) of the statutes is renumbered 970.07 (4) and amended to read:

SB82,122,2 970.07 (4) A person may comply with sub. (2) if he or she makes the oath by telephone contact with the district attorney or judge, signs the statement, and immediately thereafter transmits a copy facsimile of the signed statement to the district attorney or judge using a facsimile machine. The person shall also transmit the original signed statement, without using a facsimile machine, to the district attorney or judge, who shall file it with the clerk. If the complaint is filed, both the original and the copy facsimile shall be filed under s. 968.02 (2) 970.08.

SB82,392 Section 392. 968.01 (4) of the statutes is renumbered 970.07 (5).

SB82,393 Section 393. Subchapter I (title) of chapter 968 [precedes 968.015] of the statutes is created to read:

SB82,122,6 chapter 968

SB82,122,8 subchapter I Inquests

SB82,394 Section 394. 968.02 (title) and (1) of the statutes are renumbered 970.08 (title) and (1) and amended to read:

SB82,122,17 970.08 (title) Issuance and filing of complaints Filing the complaint. (1) Except as otherwise provided in this section, a complaint charging a person with an offense shall be issued only by a Only the district attorney of the county where the a crime is alleged to have been committed. A complaint is issued when it is approved for filing by the district attorney. The approval shall be in the form of a written endorsement on the complaint may be tried under s. 970.14 may file a complaint.

SB82,395 Section 395. 968.02 (2) of the statutes is repealed.

SB82,396 Section 396. 968.02 (3) of the statutes is repealed.

SB82,397 Section 397. 968.02 (4) of the statutes is repealed.

SB82,398 Section 398. 968.025 (title) of the statutes is created to read:

SB82,122,22 968.025 (title) Inquest procedures.

SB82,399 Section 399. 968.025 (3) of the statutes is created to read:

SB82,123,3 968.025 (3) Where conducted. An inquest may be held in any county in this state in which venue would lie for the trial of any offense that could be charged as the result of or involving the death.

SB82,400 Section 400. 968.025 (4) (title) of the statutes is created to read:

SB82,123,5 968.025 (4) (title) Jury selection.

SB82,401 Section 401. 968.025 (4) (e) of the statutes is created to read:

SB82,123,11 968.025 (4) (e) The court shall select the inquest jury by lot once a panel of at least 12 potential jurors has been qualified. If the inquest is likely to be protracted, the judge may select also one or more alternate jurors by lot. If more than 6 jurors remain after all of the evidence is presented, the court shall determine by lot which jurors will not participate in deliberations and discharge them.

SB82,402 Section 402. 968.03 (title) and (3) of the statutes are repealed.

SB82,403 Section 403. 968.03 (1) of the statutes is repealed.

SB82,404 Section 404. 968.03 (2) of the statutes is renumbered 969.20 (8) and amended to read:

SB82,123,21 969.20 (8) Withdrawal of warrant or summons and complaint. An unserved warrant or summons and complaint in a case in which an initial appearance has not been held shall, at the request of the district attorney, be returned to the judge who may dismiss the action. Such court, and the court shall dismiss the action. The request shall be in writing, it and shall state the reasons therefor in writing and shall be filed with the clerk for which it is made.

SB82,405 Section 405. 968.035 (title) of the statutes is created to read:

SB82,123,23 968.035 (title) Witnesses.

SB82,406 Section 406. 968.04 (title) of the statutes is renumbered 969.20 (title) and amended to read:

SB82,124,2 969.20 (title) Warrant Issuance of arrest warrant or summons on complaint.

SB82,407 Section 407. 968.04 (1) (intro.) of the statutes is renumbered 969.20 (1) and amended to read:

SB82,124,17 969.20 (1) Warrants In general. If it appears from the complaint, or from an affidavit or affidavits filed with the complaint or after an examination under oath of the complainant or witnesses, when the a judge determines that this is necessary, that there is probable cause to believe that an offense has been committed and that the accused has committed it, the judge shall issue a warrant for the arrest of the defendant accused or a summons in lieu thereof. The probable cause determination may be based on a criminal complaint, an affidavit filed with the criminal complaint, or if the judge determines it is necessary, after an examination under oath of the complainant or witness. The warrant or summons shall be delivered forthwith to a law enforcement officer for service. If the judge does not find probable cause to believe that an offense has been committed or that the accused has committed it, the judge shall record that finding on the complaint, file the complaint with the clerk, and dismiss the action without prejudice.

SB82,408 Section 408. 968.04 (1) (a) of the statutes is repealed.

SB82,409 Section 409. 968.04 (1) (b) of the statutes is renumbered 969.20 (4) and amended to read:

SB82,125,2 969.20 (4) Issuance by judge from another county. A warrant or summons may be issued by a judge in another county may issue a warrant or summons when there is no available judge of the county in which the complaint is issued. The warrant or summons shall be returnable before a judge to a court in the county in which the offense alleged in the complaint was committed, and the summons shall be returnable before the circuit court of the county in which the offense alleged in the complaint was committed issued.

SB82,410 Section 410. 968.04 (1) (c) of the statutes is renumbered 969.20 (5) and amended to read:

SB82,125,6 969.20 (5) Geographical limits. A judge issuing an arrest warrant may specify geographical limits for its enforcement of a warrant.

SB82,411 Section 411. 968.04 (1) (d) of the statutes is renumbered 969.20 (3) and amended to read:

SB82,125,20 969.20 (3) Examination of complainant or witness. An A judge shall place each complainant or witness under oath and arrange for all sworn testimony to be recorded, either by a stenographic reporter or by means of a voice recording device. A judge may permit an examination of the complainant or witness under sub. (1) may or (2) to take place by telephone on request of the person seeking the warrant or summons unless good cause to the contrary appears. The judge shall place each complainant or witness under oath and arrange for all sworn testimony to be recorded, either by a stenographic reporter or by means of a voice recording device. The judge shall may have the record transcribed. The If the record is transcribed, the transcript, certified as accurate by the judge or reporter, as appropriate, shall be filed with the court. If the testimony was recorded by means of a voice recording device, the judge shall also file the original recording with the court.

SB82,412 Section 412. 968.04 (2) (title) of the statutes is repealed.

SB82,413 Section 413. 968.04 (2) (a) of the statutes is renumbered 969.20 (7) (a) and amended to read:

SB82,126,2 969.20 (7) (a) In After issuing a complaint in any case, the district attorney, after the issuance of a complaint, may issue a summons in lieu of requesting the issuance of a warrant. The complaint district attorney shall then be filed file the complaint with the clerk.

SB82,414 Section 414. 968.04 (2) (b) of the statutes is renumbered 969.20 (7) (b).

SB82,415 Section 415. 968.04 (2) (c) of the statutes is repealed.

SB82,416 Section 416. 968.04 (3) (title) of the statutes is repealed.

SB82,417 Section 417. 968.04 (3) (a) (intro.) of the statutes is renumbered 969.21 (1) (intro.) and amended to read:

SB82,126,9 969.21 (1) Warrant Mandatory provisions. (intro.) The An arrest warrant shall meet all of the following requirements:

SB82,418 Section 418. 968.04 (3) (a) 1. to 6. of the statutes are renumbered 969.21 (1) (a) to (f) and amended to read:

SB82,126,12 969.21 (1) (a) Be The warrant shall be in writing and signed by the judge.

SB82,126,15 (b) State The warrant shall state the name of the crime the defendant allegedly committed and the number of the statutory section charged and number of the section alleged to have been that the defendant allegedly violated.

SB82,126,16 (c) Have The warrant shall have attached to it a copy of the complaint.

SB82,126,19 (d) State The warrant shall state the name of the person to be arrested, if known, or if not known, designate the person to be arrested by any description by which the person to be arrested can be identified with reasonable certainty.

SB82,126,21 (e) State The warrant shall state the date when it was issued and, the name of the judge who issued it together with, and the title of the judge's office.

SB82,126,25 (f) Command The warrant shall command that the person against whom the complaint was made alleged to have committed the crime in par. (b) be arrested and, except as provided in s. 969.20 (4), be brought before the judge issuing the warrant, or, if the judge is absent or unable to act, before some other judge in the same county.

SB82,419 Section 419. 968.04 (3) (a) 7. of the statutes is renumbered 969.26 (1) and amended to read:

SB82,127,4 969.26 (1) Arrest warrant. The An arrest warrant shall be in substantially the following form:

SB82,127,5 STATE OF WISCONSIN,

SB82,127,6 .... County

SB82,127,7 State of Wisconsin

SB82,127,8 vs.

SB82,127,9 .... (Defendant(s))

SB82,127,10 THE STATE OF WISCONSIN TO ANY LAW ENFORCEMENT OFFICER:

SB82,127,15 A complaint or affidavit, copy of which is attached, having has been filed with me or testimony has been presented before me accusing the defendant(s) of committing the crime of .... contrary to sec. ...., Stats., and I having have found that there is probable cause exists that the crime was committed by to believe the defendant(s) committed that crime.

SB82,127,17 You are, therefore, commanded to arrest the defendant(s) and bring .... before me, or, if I am not available, before some other a judge of this county.

SB82,127,18 Dated ...., .... (year)

SB82,127,19 ....(Signature)

SB82,127,20 ....(Title)

SB82,420 Section 420. 968.04 (3) (a) 8. of the statutes is repealed.

SB82,421 Section 421. 968.04 (3) (b) (title) of the statutes is renumbered 969.22 (title).

SB82,422 Section 422. 968.04 (3) (b) 1. of the statutes is renumbered 969.22 (1) and amended to read:

SB82,128,5 969.22 (1) Mandatory provisions. The summons shall command the defendant to appear before a court at a certain time and place and shall be in substantially the form set forth in subd. 3. s. 969.26 (2). The complaint and summons may be on the same form. If they are, the complaint shall be beneath the summons. If separate forms are used, a copy of the complaint shall be attached to the summons.

SB82,423 Section 423. 968.04 (3) (b) 2. of the statutes is renumbered 969.22 (2) and amended to read:

SB82,128,12 969.22 (2) Service. A summons may be served anywhere in the state and it shall be served by delivering a copy to the defendant personally or, by leaving a copy at the defendant's his or her usual place of abode with a person of discretion residing therein there, or by mailing a copy to the defendant's last-known address. It shall be served by a law enforcement officer.

SB82,424 Section 424. 968.04 (3) (b) 3. (intro.) of the statutes is renumbered 969.26 (2) (intro.) and amended to read:

SB82,128,16 969.26 (2) Summons. (intro.) The A summons shall be in substantially the following form:

SB82,425 Section 425. 968.04 (3) (b) 3. a. of the statutes is repealed.

SB82,426 Section 426. 968.04 (3) (b) 3. b. (intro.) of the statutes is repealed.

SB82,427 Section 427. 968.04 (3) (b) 3. b. (form) of the statutes is renumbered 969.26 (2) (form) and amended to read: