SB82: Bill Text

SB82,220,20 Pleas

SB82,711 Section 711. 971.06 (1) (title) of the statutes is created to read:

SB82,220,22 971.06 (1) (title) Types of pleas.

SB82,712 Section 712. 971.06 (1) (a), (b) and (c) of the statutes are amended to read:

SB82,220,25 971.06 (1) (a) Guilty, which means that the defendant admits the facts necessary to constitute the crime.

SB82,221,3 (b) Not guilty, which means that the defendant denies the facts necessary to constitute the crime. A plea of not guilty requires the state to prove the facts necessary to constitute the crime beyond a reasonable doubt.

SB82,221,8 (c) No contest, subject to the approval of the court which means that the defendant does not contest the state's ability to prove the facts necessary to constitute the crime. The court may refuse to allow the entry of a no contest plea after consideration of the views of the parties and the public interest in the administration of justice.

SB82,713 Section 713. 971.06 (1) (d) of the statutes is repealed.

SB82,714 Section 714. 971.06 (2) of the statutes is repealed.

SB82,715 Section 715. 971.06 (3) of the statutes is repealed.

SB82,716 Section 716. 971.06 (4) of the statutes is created to read:

SB82,221,20 971.06 (4) Joining a plea of not guilty by reason of mental disease or defect with another plea. (a) A defendant may enter a plea of not guilty by reason of mental disease or defect, which means that at the time of the crime, as a result of mental disease or defect, the defendant lacked substantial capacity either to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law. A defendant who enters a plea of not guilty by reason of mental disease or defect shall join the plea of not guilty by reason of mental disease or defect with one of the pleas under sub. (1).

SB82,221,23 (b) If a defendant joins a plea of not guilty by reason of mental disease or defect with a plea of not guilty, there shall be a separation of the trial of the issues of guilt and responsibility as provided in s. 975.52 (2) (a).

SB82,222,4 (c) If the defendant joins a plea of not guilty by reason of mental disease or defect with a plea of guilty or no contest, the court shall first determine whether to accept the plea of guilty or no contest under s. 975.52 (1). If the plea of guilty or no contest is accepted, the court shall withhold entry of a judgment of conviction pending determination of the issue of responsibility, by the court or by a jury, under s. 975.52 (2). Judgment shall be entered as provided in s. 975.52 (4).

SB82,717 Section 717. 971.065 of the statutes is created to read:

SB82,222,9 971.065 Plea agreements. (1) The district attorney and the defendant may participate in discussions to reach an agreement that if the defendant enters a plea of guilty or no contest the district attorney shall take or refrain from taking certain actions, including one or more of the following:

SB82,222,10 (a) Moving to dismiss or amend one or more charges.

SB82,222,12 (b) Reading in any crime that is uncharged or that is dismissed as part of the agreement.

SB82,222,14 (c) Recommending, or agreeing not to oppose the defendant's request for, a particular disposition.

SB82,222,15 (d) Agreeing that a specific disposition is appropriate.

SB82,222,17 (2) The court may not participate in discussions to reach an agreement under this section.

SB82,718 Section 718. 971.07 of the statutes is repealed.

SB82,719 Section 719. 971.08 (title) of the statutes is amended to read:

SB82,222,21 971.08 (title) Pleas Accepting pleas of guilty and or no contest; withdrawal thereof.

SB82,720 Section 720. 971.08 (1) (a) of the statutes is renumbered 971.08 (1) (ar) and amended to read:

SB82,223,2 971.08 (1) (ar) Address the defendant personally and determine that the defendant is making the plea is made knowingly, voluntarily, and with understanding of the meaning and effect of the plea, the nature of the charge crime to which the plea is entered, and the potential punishment if convicted.

SB82,721 Section 721. 971.08 (1) (ag) of the statutes is created to read:

SB82,223,8 971.08 (1) (ag) Require the parties to disclose any plea agreement in open court or, on a showing of good cause, in camera. Before accepting the plea, the court may express any reservations it has concerning the appropriateness of any recommended disposition and shall advise the defendant personally that the court is not bound by the terms of the plea agreement.

SB82,722 Section 722. 971.08 (1) (am) of the statutes is created to read:

SB82,223,10 971.08 (1) (am) Ask the defendant to state his or her plea on the record.

SB82,723 Section 723. 971.08 (1) (b) of the statutes is repealed and recreated to read:

SB82,223,13 971.08 (1) (b) Make an inquiry sufficient to satisfy the court that there is a factual basis for a judgment of conviction of the crime to which the plea is entered.

SB82,724 Section 724. 971.08 (1) (d) of the statutes is amended to read:

SB82,223,16 971.08 (1) (d) Inquire of the district attorney whether he or she has complied with s. 971.095 (2) and (3).

SB82,725 Section 725. 971.08 (3) of the statutes is repealed.

SB82,726 Section 726. 971.085 (title) and (1) (intro.) of the statutes are created to read:

SB82,223,22 971.085 (title) Effect of a plea of guilty or no contest. (1) (intro.) A plea of guilty or no contest forfeits all nonjurisdictional defects and defenses that occur prior to the plea except that the following may be reviewed upon appeal from a final order or judgment:

SB82,727 Section 727. 971.085 (1) (b) of the statutes is created to read:

SB82,224,3 971.085 (1) (b) An order denying a motion to dismiss asserting that the statute under which the defendant is charged violates the United States or the Wisconsin constitution.

SB82,728 Section 728. 971.085 (2) of the statutes is created to read:

SB82,224,6 971.085 (2) The court shall permit a defendant who prevails on an appeal of an order under sub. (1) (a) or (b) to withdraw his or her plea.

SB82,729 Section 729. 971.09 of the statutes is repealed and recreated to read:

SB82,224,17 971.09 Consolidation; plea to or read-in of crimes committed in several counties. (1) In general. Consolidation refers to the process by which charged or uncharged crimes pending in more than one county are resolved in a single proceeding in one county. Consolidation is a voluntary procedure, requiring the consent of the defendant and the district attorneys for all counties whose charges are resolved. Consolidated charged or uncharged crimes shall be resolved by the entry of a plea of guilty or no contest or by an agreement that charged or uncharged crimes be treated as read-in crimes. A defendant who has already been convicted of but not sentenced for a crime may apply for consolidation of any pending or uncharged crime committed.

SB82,224,24 (2) Application for consolidation. A defendant may apply to the district attorney for a county in which a charge against the defendant is pending to resolve in a single proceeding in one county any pending cases. In the application, the defendant shall describe with particularity all the crimes that the defendant seeks to resolve in the single proceeding, indicate the county in which each of the crimes was committed, and indicate the county in which the defendant requests final disposition.

SB82,225,8 (3) Notice and consent. A district attorney who receives an application under sub. (2) shall send a copy of the application to the district attorney for each county in which a crime indicated in the application was committed. A district attorney who receives a copy of the application may execute a written consent to having any crime indicated in the application that is subject to disposition in his or her county resolved in a proceeding in another county. If a district attorney does not consent to having a crime that is subject to disposition in his or her county resolved in another county, the crime may not be resolved under this section.

SB82,225,14 (4) Amending the charge; plea; read-in crimes. (a) If the district attorney to whom the defendant submitted the application under sub. (2) consents to resolving a case that is subject to disposition in his or her county in a single proceeding under this section, the district attorney shall file an amended complaint that charges the defendant with all crimes identified in consents executed under sub. (3) that are not to be treated as read-in crimes.

SB82,225,19 (b) To resolve crimes charged in the amended complaint under par. (a) in a single proceeding, the defendant shall waive in writing or on the record any right to be tried in the county in which a crime charged in the amended complaint was committed and enter a plea of guilty or no contest to each crime charged in the amended complaint.

SB82,225,21 (c) To resolve read-in crimes under this section, the defendant shall affirm his or her agreement to having the crimes considered at sentencing.

SB82,225,24 (d) A district attorney who executed a consent under sub. (3) need not be present when the defendant enters his or her plea but the district attorney's written consent shall be filed with the court.

SB82,226,3 (e) A charge that originated in a county may not be amended or dismissed without prior written approval of the district attorney for the county in which the charge originated.

SB82,226,13 (5) Judgment. If it accepts the defendant's plea, the court shall enter judgment and sentence the defendant as though all crimes charged in the amended complaint were alleged to have been committed in the county where judgment is entered and may consider at sentencing any read-in crimes affirmed under sub. (4) (c). The clerk of the court for the county in which judgment is entered shall file a copy of the judgment of conviction with the clerk of the court for each other county in which charges addressed in the judgment or treated as read-in crimes originated. The district attorney for each of the other counties shall then move to dismiss any charges that are pending in his or her county against the defendant for charges addressed in the judgment or as treated as read-in crimes.

SB82,226,16 (6) Rights of crime victims. The duties of the district attorney under ch. 950 and s. 971.095 shall be discharged by the district attorney for the county in which the crimes occurred, unless otherwise agreed to by the participating district attorneys.

SB82,226,24 (7) Prosecution costs. The county in which the plea is made shall pay the costs of prosecution if the defendant does not pay them, and is entitled to retain fees for receiving and paying to the state any fine that the defendant may pay. The clerk where the plea is made shall file a copy of the judgment of conviction with the clerk in each county where a crime covered by the plea was committed. The district attorney shall then move to dismiss any charges covered by the plea of guilty, which are pending against the defendant in the district attorney's county, and the charges shall be dismissed.

SB82,730 Section 730. 971.093 of the statutes is created to read:

SB82,227,4 971.093 Withdrawal of a plea of guilty or no contest. (1) Before sentencing. Unless the district attorney establishes substantial prejudice, the court shall grant a motion that is made before sentencing to withdraw a plea of guilty or no contest if a fair and just reason for doing so is established.

SB82,227,8 (2) After sentencing. The court shall grant a motion that is made after sentencing to withdraw a plea of guilty or no contest if the defendant did not knowingly, voluntarily, and understandingly enter the plea or if withdrawal is required to prevent manifest injustice.

SB82,227,12 (3) Remedy. When the court grants a motion to withdraw a plea of guilty or no contest under this section, the judgment of conviction is vacated, the original charge or charges reinstated, and the parties are restored to the position they were in before the plea and any related plea agreement was accepted.

SB82,731 Section 731. 971.095 (2) and (3) of the statutes are amended to read:

SB82,227,21 971.095 (2) In any case in which a defendant has been charged with a crime, the district attorney shall, as soon as practicable, offer all of the victims in the case who have so requested the opportunity an opportunity to confer with the district attorney concerning the prosecution of the case and the possible outcomes of the prosecution, including potential plea agreements and sentencing recommendations. The duty to confer under this subsection does not limit the obligation of the district attorney to exercise his or her discretion concerning the handling of any criminal charge against the defendant.

SB82,228,3 (3) At the request of a victim, a district attorney shall make a reasonable attempt to provide the victim with notice of the date, time, and place of scheduled court proceedings in a case involving relating to the prosecution of a crime of which he or she is a victim and any changes in the date, time, or place of a scheduled court proceeding for which the victim has received notice. This subsection does not apply to a proceeding held before the initial appearance to set conditions of release under ch. 969.

SB82,732 Section 732. Subchapter III (title) of chapter 971 [precedes 971.098] of the statutes is created to read:

SB82,228,6 chapter 971

SB82,228,7 Subchapter III

SB82,228,9 scheduling and expedition of proceedings

SB82,733 Section 733. 971.098 of the statutes is created to read:

SB82,228,15 971.098 Scheduling orders; pretrial conferences. After the defendant enters a plea, the court may issue a scheduling order and may amend it as circumstances require. The order shall be in writing and may specify times for discovery, pretrial motions, notices of intent to offer an alibi or another defense required to be disclosed, pretrial conferences, trial, or other proceedings.

SB82,734 Section 734. 971.10 (1) (title) of the statutes is created to read:

SB82,228,17 971.10 (1) (title) Misdemeanors.

SB82,735 Section 735. 971.10 (1) of the statutes is renumbered 971.10 (1) (a) and amended to read:

SB82,228,22 971.10 (1) (a) In Subject to sub. (3), the trial of a defendant who is in custody and is charged only with a misdemeanor actions trial shall commence within 60 45 days from the date of the defendant's initial appearance in court.

SB82,736 Section 736. 971.10 (1) (b) of the statutes is created to read:

SB82,229,2 971.10 (1) (b) Subject to sub. (3), the trial of a defendant who is not in custody and is charged only with a misdemeanor shall commence within 60 days from the date on which any party demands a speedy trial in writing or on the record. A party who makes a demand in writing shall serve a copy upon the opposing party.

SB82,737 Section 737. 971.10 (2) (a) of the statutes is renumbered 971.10 (2) and amended to read:

SB82,229,10 971.10 (2) Felonies. The Subject to sub. (3), the trial of a defendant who is charged with a felony shall commence within 90 days from the date trial is demanded by any party on which any party demands a speedy trial in writing or on the record. If the A party who makes a demand is made in writing, a copy shall be served serve a copy upon the opposing party. The demand may not be made until at any time after the filing of the information or indictment.

SB82,738 Section 738. 971.10 (2) (b) of the statutes is renumbered 971.10 (2g) and amended to read:

SB82,229,15 971.10 (2g) Assignment of another judge. If the court is unable to schedule a timely trial pursuant to par. (a) under sub. (1) or (2), the court shall request assignment of another judge pursuant to under s. 751.03.

SB82,739 Section 739. 971.10 (2r) of the statutes is created to read:

SB82,229,18 971.10 (2r) Inapplicability to detainers. Subsections (1) to (2m) do not apply to inmates of a state prison.

SB82,740 Section 740. 971.10 (3) (title) of the statutes is created to read:

SB82,229,20 971.10 (3) (title) Continuances.

SB82,741 Section 741. 971.10 (3) (a) of the statutes is renumbered 971.10 (3) (a) (intro.) and amended to read:

SB82,229,24 971.10 (3) (a) (intro.) A court may grant a continuance in a case, upon its own motion or the motion of any party, if all of the following apply:

SB82,230,3 1. The ends of justice served by taking action a continuance outweigh the best interest of the public and the defendant in a speedy trial. A continuance shall not be granted under this paragraph unless the

SB82,230,7 2. The court sets forth, in on the record of the case, either orally or in writing, its reasons for finding that the ends of justice served by the granting of the continuance outweigh the best interests of the public and the defendant in a speedy trial subd. 1. applies.

SB82,742 Section 742. 971.10 (3) (b) (intro.), 1. and 2. of the statutes are amended to read:

SB82,230,12 971.10 (3) (b) (intro.) The factors, among others, which   the court shall consider in In determining whether to grant a continuance under par. (a) are, the court shall consider at least the following factors:

SB82,230,15 1. Whether the failure to grant the a continuance in the proceeding would be likely to make a continuation of the proceeding it impossible to continue the proceeding or result in a miscarriage of justice.

SB82,230,19 2. Whether the case taken as a whole is so unusual and so complex, due to the number of defendants or, the nature of the prosecution, or otherwise, that it is unreasonable to expect adequate preparation within the periods of time established by this section.

SB82,743 Section 743. 971.10 (3) (c) of the statutes is amended to read: