SB82: Bill Text

SB82,279,18 971.46 (2) Any relevant written or recorded statements of a witness named on a list under par. (d), including any audiovisual recording of an oral statement of a child under s. 908.08, Furnish any reports or statements of experts made in connection with the case or, if an expert does not prepare a report or statement, a written summary of the expert's findings or the subject matter of his or her testimony, and the results of any physical or mental examination, scientific test, experiment, or comparison that the district attorney party intends to offer in evidence at trial.

SB82,881 Section 881. 971.23 (1) (f) of the statutes is renumbered 971.43 (2) (i) and amended to read:

SB82,279,23 971.43 (2) (i) The criminal record of a prosecution witness which is, and if known to the district attorney, any pending charges against, any person whom the district attorney intends to call as a trial witness.

SB82,882 Section 882. 971.23 (1) (g) of the statutes is renumbered 971.43 (2) (j) and amended to read:

SB82,280,2 971.43 (2) (j) Any physical evidence that the district attorney intends to offer in evidence at the trial.

SB82,883 Section 883. 971.23 (1) (h) of the statutes is renumbered 971.43 (2) (k).

SB82,884 Section 884. 971.23 (2m) (intro.) of the statutes is renumbered 971.44 (2) (intro.) and amended to read:

SB82,280,12 971.44 (2) What a defendant must disclose to the district attorney Material to be disclosed. (intro.) Upon demand, the defendant or his or her attorney The defense shall, within a reasonable time before trial, disclose to the district attorney and permit the district attorney to inspect and copy or photograph all of the following materials material and information , if it is within the possession, custody or control of the defendant and permit inspection, copying, and photographing of disclosed documents or tangible objects:

SB82,885 Section 885. 971.23 (2m) (a) of the statutes is repealed.

SB82,886 Section 886. 971.23 (2m) (am) of the statutes is repealed.

SB82,887 Section 887. 971.23 (2m) (b) of the statutes is renumbered 971.44 (2) (b) and amended to read:

SB82,280,19 971.44 (2) (b) The If known to the defense, the criminal record of a any person whom the defense intends to call as a trial witness, other than the defendant, which is known to the defense attorney.

SB82,888 Section 888. 971.23 (2m) (c) of the statutes is renumbered 971.44 (2) (c) and amended to read:

SB82,280,23 971.44 (2) (c) Any physical evidence that the defendant defense intends to offer in evidence at the trial.

SB82,889 Section 889. 971.23 (3) of the statutes is renumbered 971.54 and amended to read:

SB82,281,9 971.54 Comment or instruction on failure to call witness Failure to use disclosed material at trial. No comment or instruction The fact that a party has indicated during the discovery process an intention to offer specified evidence or to call a specified witness is not admissible in evidence at a pretrial hearing or trial. If a party fails to offer such evidence or call such a witness, neither the court nor any other party or witness may make any statement regarding the that failure to call a witness at the trial shall be made or given if the sole basis for such comment or instruction the statement is the fact that the evidence or name of the witness appears upon a list furnished pursuant to this section was disclosed under this subchapter.

SB82,890 Section 890. 971.23 (5) of the statutes is renumbered 971.48 (1) and amended to read:

SB82,281,15 971.48 (1) Scientific testing. On Upon motion of a by either party subject to s. 971.31 (5), the court may order the production of any item of physical evidence which that is intended to be introduced at the trial for scientific analysis under such terms and conditions as the court prescribes.

SB82,891 Section 891. 971.23 (5c) (title) of the statutes is repealed.

SB82,892 Section 892. 971.23 (5c) of the statutes is renumbered 971.58 (1).

SB82,893 Section 893. 971.23 (6) (title) of the statutes is renumbered 971.52 (title) and amended to read:

SB82,281,20 971.52 (title) Protective order orders, other special procedures.

SB82,894 Section 894. 971.23 (6) of the statutes is renumbered 971.52 (1) and amended to read:

SB82,281,25 971.52 (1) Upon motion of a party, the court may at any time order that discovery, inspection or the listing of witnesses required under this section subchapter be denied, restricted, or deferred, or make other appropriate orders.

SB82,282,7 (2) If the district attorney or defense counsel certifies that to list listing a witness under s. 971.45 may subject the witness or others to physical or economic harm or coercion, the court may order that the deposition of the witness be taken pursuant to s. 967.04 (2) to (6) 967.21. The name of the witness need not be divulged prior to the taking of such deposition. If the witness becomes unavailable or changes his or her testimony, the deposition shall be admissible at trial as substantive evidence.

SB82,895 Section 895. 971.23 (6c) (title) of the statutes is repealed.

SB82,896 Section 896. 971.23 (6c) of the statutes is renumbered 971.58 (2) and amended to read:

SB82,282,13 971.58 (2) Except as provided in s. 967.04 967.21, the defendant or his or her attorney may not compel a victim of a crime to submit to a pretrial interview or deposition.

SB82,897 Section 897. 971.23 (6m) of the statutes is renumbered 971.53 and amended to read:

SB82,282,23 971.53 In camera proceedings. Either Upon motion of a party, the court may move for conduct an in camera inspection by the court of any document required to be disclosed under sub. (1) or (2m) for the purpose of masking or deleting any material which is not relevant to the case being tried. The court shall mask or delete any irrelevant material s. 971.035, 971.43, or 971.44. Any in camera proceeding shall be reported and the court shall enter any order necessary to preserve the confidentiality of the record. The original or a copy of any material that is not disclosed shall be sealed and preserved as part of the record.

SB82,898 Section 898. 971.23 (7) of the statutes is renumbered 971.50 and amended to read:

SB82,283,6 971.50 Continuing duty to disclose. If, subsequent to compliance after complying with a requirement of this section chapter, and prior to before or during trial, a party discovers additional material or the names of additional witnesses requested which that are subject to discovery, inspection, or production under this section subchapter, the party shall promptly notify the other party of the existence of the additional material or names.

SB82,899 Section 899. 971.23 (7m) (a) of the statutes is renumbered 971.55 and amended to read:

SB82,283,14 971.55 Remedies for noncompliance. The court shall exclude any witness not listed, any expert as to whom the requirements of s. 971.46 were not met, or evidence not presented for inspection, testing, or copying required by this section subchapter, unless good cause is shown for failure to comply. The court may in In appropriate cases, the court may grant the opposing party a recess or, a continuance, or other appropriate remedy.

SB82,900 Section 900. 971.23 (7m) (b) of the statutes is repealed.

SB82,901 Section 901. 971.23 (8) (title) of the statutes is renumbered 971.44 (4) (title).

SB82,902 Section 902. 971.23 (8) (a) of the statutes is renumbered 971.44 (4) and amended to read:

SB82,284,6 971.44 (4) If the defendant defense intends to rely upon an alibi as a defense, the defendant shall give notice to call witnesses other than the defendant to support a defense of alibi, the defense shall notify the district attorney of that intent at the arraignment or at least 30 days before trial, stating particularly the place where the defendant claims to have been when the crime is alleged to have been committed together with and the names and addresses of witnesses to the alibi, if known. If at the close of the state's case the defendant withdraws the alibi or if at the close of the defendant's case the defendant does not call some or any of the alibi witnesses, the state shall not comment on the defendant's withdrawal or on the failure to call some or any of the alibi witnesses. The state shall not call any alibi witnesses not called by the defendant for the purpose of impeaching the defendant's credibility with regard to the alibi notice. Nothing in this section may prohibit the state from calling said alibi witnesses for any other purpose whom the defense intends to call at trial.

SB82,903 Section 903. 971.23 (8) (b) of the statutes is repealed.

SB82,904 Section 904. 971.23 (8) (c) of the statutes is repealed.

SB82,905 Section 905. 971.23 (8) (d) of the statutes is renumbered 971.43 (5) and amended to read:

SB82,284,19 971.43 (5) Alibi rebuttal. Within 20 days after receipt of the If the defendant has provided notice of an alibi, or such other time as the court orders defense under s. 971.44 (4), the district attorney shall furnish the defendant notice in writing of, within 20 days after receipt of such notice unless otherwise provided in the scheduling order, disclose the names and addresses, if known, of any witnesses whom the state proposes to offer in rebuttal to discredit the defendant's alibi. In default of such notice, no rebuttal evidence on the alibi issue shall be received unless the court, for cause, orders otherwise district attorney intends to call in rebuttal to discredit the defendant's alibi.

SB82,906 Section 906. 971.23 (8) (e) of the statutes is repealed.

SB82,907 Section 907. 971.23 (9) of the statutes is renumbered 971.47 and amended to read:

SB82,284,24 971.47 Deoxyribonucleic acid evidence. (1) In this subsection section, "deoxyribonucleic acid profile" has the meaning given in s. 939.74 (2d) (a).

SB82,285,9 (2) Notwithstanding sub. (1) (e) or (2m) (am), if either s. 971.46, a party who intends to submit offer deoxyribonucleic acid profile evidence at a trial to prove or disprove the identity of a person, the party seeking to introduce the evidence shall notify the other party of the intent to introduce the evidence in writing by mail at least 45 days before the date set for trial; and shall provide the other party of his or her intent to offer the evidence and, within 15 days of after receiving a request, the from the other party, shall provide him or her the information and material identified under sub. (1) (e) or (2m) (am), whichever is appropriate, described in s. 971.46 that relates to the evidence.

SB82,285,15 (3) The court shall exclude deoxyribonucleic acid profile evidence at trial, if the notice and production deadlines under par. (b) sub. (2) are not met, except the court may waive the 45 day notice requirement or may extend the 15 day production requirement upon stipulation of the parties, or for good cause, if the court finds that no party will be prejudiced by the waiver or extension. The court may in In appropriate cases the court may grant the opposing party a recess or continuance.

SB82,908 Section 908. 971.23 (10) (title) of the statutes is repealed.

SB82,909 Section 909. 971.23 (10) of the statutes is renumbered 971.51 (2).

SB82,910 Section 910. 971.23 (11) of the statutes is renumbered 971.515, and 971.515 (1) (intro.) and (a), (3) (a) and (b) and (4), as renumbered, are amended to read:

SB82,285,20 971.515 (1) (intro.) In this subsection section:

SB82,285,24 (a) "Defense" means the defendant, his or her attorney, and any individual retained by the defendant or his or her attorney for the purpose of providing testimony if the testimony is expert testimony that relates to an item or material included under par. (b) sub. (2).

SB82,286,9 (3) (a) Notwithstanding sub. (1) (e) and (g) s. 971.43 (2) (j), a court shall deny any request by the defense to provide, and a district attorney or law enforcement agency may not provide to the defense, any item or material required in par. (b) sub. (2) to remain in the possession, custody, and control of a law enforcement agency or court, except that a court may order that a copy of an item or material included under par. (b) sub. (2) be provided to the defense if that court finds that a copy of the item or material has not been made reasonably available to the defense. The defense shall have the burden to establish that the item or material has not been made reasonably available.

SB82,286,15 (b) If a court orders under subd. 1. par. (a) a copy of an item or material included under par. (b) sub. (2) to be provided to the defense, the court shall enter a protective order under sub. (6) s. 971.52 (1) that includes an order that the copy provided to the defense may not be copied, printed, or disseminated by the defense and shall be returned to the court or law enforcement agency, whichever is appropriate, at the completion of the trial.

SB82,286,18 (4) Any item or material that is required under par. (b) sub. (2) to remain in possession, custody, and control of a law enforcement agency or court is not subject to the right of inspection or copying under s. 19.35 (1).

SB82,911 Section 911. 971.26 of the statutes is renumbered 970.11.

SB82,912 Section 912. 971.27 of the statutes is renumbered 970.12 and amended to read:

SB82,287,2 970.12 Lost or destroyed information, or complaint or indictment. In the case of the loss or destruction of an information or complaint If a complaint or information is lost or destroyed, the district attorney may file a copy, and the prosecution shall proceed without delay from that cause. In the case of the loss or destruction of an indictment, an information may be filed which shall have the same effect as the original.

SB82,913 Section 913. 971.29 (title) of the statutes is renumbered 970.09 (title) and amended to read:

SB82,287,5 970.09 (title) Amending the charge complaint or information.

SB82,914 Section 914. 971.29 (1) of the statutes is renumbered 970.09 (1) and amended to read:

SB82,287,10 970.09 (1) A complaint or information may be amended at any time prior to At any time before arraignment, the district attorney may amend the complaint or information without leave of the court.

SB82,915 Section 915. 971.29 (2) of the statutes is renumbered 970.09 (3) and amended to read:

SB82,287,15 970.09 (3) At the trial, the The court may allow amendment of the district attorney to amend the complaint, indictment or information at trial to conform to the proof where such amendment is not prejudicial to the defendant.

SB82,287,18 (4) After verdict the pleading complaint shall be deemed amended as to technical variances to conform to the proof if no objection to the relevance of the evidence was timely raised upon the trial.

SB82,916 Section 916. 971.29 (3) of the statutes is repealed.

SB82,917 Section 917. 971.30 (title) and (1) of the statutes are repealed.

SB82,918 Section 918. 971.30 (2) (intro.), (a), (b) and (c) of the statutes are consolidated, renumbered 971.65 (1) and amended to read:

SB82,288,5 971.65 (1) Generally. Any motion that is capable of determination before trial may be made before trial. Unless otherwise provided or ordered by the court, all motions the motion shall meet the following criteria: (a) Be be in writing. (b) Contain and contain a caption setting forth the name of the court, the venue, the title of the action, the file number, and a denomination of the party seeking the order or relief and a brief description of the type of order or relief sought. (c) State. The motion shall state with particularity the grounds for the motion and the order or relief sought.

SB82,919 Section 919. 971.31 (title) of the statutes is repealed.

SB82,920 Section 920. 971.31 (1) of the statutes is repealed.

SB82,921 Section 921. 971.31 (2) of the statutes is renumbered 971.65 (3) and amended to read:

SB82,288,18 971.65 (3) Particular issues to be raised. Except as provided in sub. (5) (2) (b), defenses and objections based on defects in the institution of the proceedings, insufficiency of the complaint, information, or indictment, invalidity in whole or in part of the statute on which the prosecution is founded based, or the use of illegal means to secure evidence shall be raised before trial by a motion or be deemed waived. The court may, however, entertain such a motion at the trial, in which case the defendant waives any jeopardy that may have attached. The motion to suppress evidence shall be so entertained with waiver of jeopardy when it appears that the defendant is surprised by the state's possession of such evidence.

SB82,922 Section 922. 971.31 (3) of the statutes is renumbered 972.18 (2) and amended to read:

SB82,288,24 972.18 (2) The admissibility of any statement of the defendant shall be determined at the trial by the court in an evidentiary hearing out of the presence of the jury, unless the defendant, by motion, challenges the court ruled on admissibility of such the statement before trial.

SB82,923 Section 923. 971.31 (4) of the statutes is renumbered 971.65 (4) and amended to read:

SB82,289,7 971.65 (4) Deciding motions before and at trial. Except as provided in sub. (3), a motion shall be determined before trial of the general issue Before trial, the court shall determine each motion made under this section unless the court orders that it be deferred for determination at the trial. All issues of fact arising out of such the motion shall be tried determined by the court without a jury.

SB82,924 Section 924. 971.31 (5) (a) of the statutes is repealed.

SB82,925 Section 925 . 971.31 (5) (b) and (c) of the statutes are consolidated, renumbered 971.65 (2) (b) and amended to read:

SB82,289,16 971.65 (2) (b) In felony actions, motions to suppress evidence or motions under s. 971.23 971.43 or objections to the admissibility of statements of a defendant shall may not be made at a preliminary examination and not until an information has been filed. (c) In felony actions, objections Objections based on the insufficiency of the complaint shall be made prior to the preliminary examination or waiver thereof of the preliminary examination or be deemed waived.

SB82,926 Section 926. 971.31 (6) of the statutes is renumbered 971.65 (5) and amended to read:

SB82,290,2 971.65 (5) Custody after dismissal. If the court grants a motion to dismiss based upon a defect in the indictment, information commencement of the prosecution or   in the complaint, or in the institution of the proceedings or information, it may, upon a showing that probable cause exists to believe that the defendant has committed a crime, order that the defendant be held in custody or that the defendant's bail be continued for not more than 72 48 hours pending issuance of a new summons or warrant or that the conditions of release be continued for a specified time pending the filing of a new indictment, information or complaint.

SB82,927 Section 927. 971.31 (7) of the statutes is repealed.

SB82,928 Section 928. 971.31 (8) of the statutes is repealed.

SB82,929 Section 929. 971.31 (9) of the statutes is renumbered 967.15 and amended to read:

SB82,290,8 967.15 Service upon defendant. A pleading or motion required to be served on a defendant may be served upon the defendant's attorney of record.

SB82,930 Section 930. 971.31 (10) of the statutes is renumbered 971.085 (1) (a) and amended to read:

SB82,290,15 971.085 (1) (a) An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a defendant may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon a plea of guilty or no contest to the information or criminal complaint.

SB82,931 Section 931. 971.31 (11) of the statutes is renumbered 971.65 (6) and amended to read: