SB82: Bill Text

SB82,292,5 971.38 (1) Except as provided in s. 967.055 970.25 (3), the district attorney may require as a condition of any deferred prosecution program for any crime that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the alleged offense. An order may only apply if agreed to by the defendant and the organization or agency. The district attorney shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

SB82,940 Section 940. 971.39 (1) (intro.) of the statutes is amended to read:

SB82,292,10 971.39 (1) (intro.) Except as provided in s. 967.055 970.25 (3), in counties having a population of less than 100,000, if a defendant is charged with a crime, the district attorney, the department and a defendant may all enter into a deferred prosecution agreement which includes, but is not limited to, the following conditions:

SB82,941 Section 941. Subchapter IV (title) of chapter 971 [precedes 971.42] of the statutes is created to read:

SB82,292,13 chapter 971

SB82,292,14 Subchapter IV

SB82,292,15 discovery

SB82,942 Section 942. 971.42 of the statutes is created to read:

SB82,292,18 971.42 Purposes. Discovery under this subchapter and s. 971.035 is intended, consistent with the constitutional rights of the defendant, to do all of the following:

SB82,292,20 (1) Promote fair and expeditious disposition of criminal charges, whether by deferred or suspended prosecution, plea, or trial.

SB82,292,22 (2) Provide the defendant with sufficient information to make an informed plea.

SB82,292,23 (3) Permit thorough preparation for and minimize surprise at trial.

SB82,293,3 (4) Reduce interruptions and complications during trial and avoid unnecessary and repetitious trials by identifying and resolving any procedural, collateral, or constitutional issues before trial.

SB82,293,4 (5) Minimize inequities among similarly situated defendants.

SB82,293,7 (6) Effect economies in time, money, judicial resources, and professional skills by minimizing paperwork, avoiding repetitious assertion of issues, and reducing the number of separate hearings.

SB82,293,8 (7) Minimize the burden upon victims and witnesses.

SB82,943 Section 943. 971.43 (title) and (1) of the statutes are created to read:

SB82,293,13 971.43 (title) Disclosure by district attorney. (1) Time of disclosure. Except as provided in subs. (5) and (8), the district attorney shall make all disclosures under this section within a reasonable time before trial or at a time set in the scheduling order.

SB82,944 Section 944. 971.43 (2) (b) of the statutes is created to read:

SB82,293,18 971.43 (2) (b) Any written or recorded statement concerning the alleged crime made by a codefendant, including the testimony of the codefendant at an inquest, in a John Doe proceeding under s. 968.105, or before a grand jury, and the names of witnesses to the codefendant's written or recorded statements.

SB82,945 Section 945. 971.43 (2) (br) of the statutes is created to read:

SB82,293,22 971.43 (2) (br) Any record or testimony taken from a John Doe proceeding under s. 968.105 that the district attorney intends to use at trial and the names of witnesses to the defendant's written statements.

SB82,946 Section 946. 971.43 (2) (e) of the statutes is created to read:

SB82,294,3 971.43 (2) (e) Any written or recorded statement of a person whom the district attorney intends to call as a trial witness that concerns the subject matter of the witness's intended testimony, that has been electronically recorded or reduced to writing and signed or otherwise approved or adopted by the witness, and that is within the possession or control of the state.

SB82,947 Section 947. 971.43 (2) (f) of the statutes is created to read:

SB82,294,6 971.43 (2) (f) Any audiovisual recording of an oral statement of a child under s. 908.08.

SB82,948 Section 948. 971.43 (2) (h) of the statutes is created to read:

SB82,294,9 971.43 (2) (h) After the defendant has obtained or waived legal representation, copies of all law enforcement investigative reports relating to the case.

SB82,949 Section 949. 971.43 (3) of the statutes is created to read:

SB82,294,14 971.43 (3) Character, reputation, or other acts evidence. If the district attorney intends to use evidence of character or reputation or evidence of other crimes or acts under s. 904.04 (2), he or she shall notify the defense of that intention and of the substance of the evidence to be used.

SB82,950 Section 950. 971.43 (4) of the statutes is created to read:

SB82,294,19 971.43 (4) Electronic surveillance. If the defendant's conversations or premises have been subjected to electronic surveillance, including wiretapping, in connection with the investigation or prosecution of the case, the district attorney shall inform the defense of that fact.

SB82,951 Section 951. 971.43 (6) of the statutes is created to read:

SB82,294,24 971.43 (6) Material possessed by investigative personnel. The district attorney shall make reasonable efforts to ensure that investigative personnel provide material and information relevant to the crime charged to the district attorney's office.

SB82,952 Section 952. 971.43 (7) of the statutes is created to read:

SB82,295,5 971.43 (7) Material possessed by other agencies. If the district attorney knows that material and information that would be discoverable if in his or her possession is in the possession or control of a government agency not reporting directly to the district attorney, the district attorney shall disclose the fact of the existence of such material or information to the defense.

SB82,953 Section 953. 971.43 (8) of the statutes is created to read:

SB82,295,9 971.43 (8) Notice of intent to use codefendant's statement. If the district attorney intends to use the statement of a codefendant to implicate the defendant in the crime charged, he or she shall inform the defendant before trial.

SB82,954 Section 954. 971.44 (title) and (1) of the statutes are created to read:

SB82,295,13 971.44 (title) Defense disclosure. (1) Time of disclosure. The defense shall make all disclosures under this section within a reasonable time before the pretrial conference or at a time set in the scheduling order.

SB82,955 Section 955. 971.44 (2) (a) of the statutes is created to read:

SB82,295,19 971.44 (2) (a) Any written or recorded statement of a person whom the defense intends to call as a trial witness that concerns the subject matter of the witness's intended testimony, that has been electronically recorded or reduced to writing and signed or otherwise approved or adopted by the witness, and that is within the possession or control of the defense.

SB82,956 Section 956. 971.44 (3) of the statutes is created to read:

SB82,295,24 971.44 (3) Character, reputation, or other acts evidence. If the defense intends to use evidence of character or reputation or evidence of other crimes or acts under s. 904.04 (2) not relating to the defendant, the defense shall notify the district attorney of that intention and of the substance of the evidence to be used.

SB82,957 Section 957. 971.46 (intro.) and (1) of the statutes are created to read:

SB82,296,3 971.46 Expert witnesses. (intro.) Any party who intends to call an expert witness at trial shall, not less than 30 days before the trial or at another time set by the court, do all of the following:

SB82,296,5 (1) Notify the other party in writing of the expert witness's name, address, and qualifications.

SB82,958 Section 958. 971.48 (title) of the statutes is created to read:

SB82,296,7 971.48 (title) Scientific testing; preservation of evidence.

SB82,959 Section 959. 971.48 (2) of the statutes is created to read:

SB82,296,12 971.48 (2) If before trial either party intends to destroy or permanently transfer out of its possession any material discoverable under this subchapter, the party shall give the other party advance notice sufficient to afford that party an opportunity to object or take other appropriate action.

SB82,960 Section 960. 971.49 of the statutes is created to read:

SB82,296,17 971.49 Motion to obtain evidence before trial. (1) Notwithstanding s. 908.03 (6m) (c), before trial and upon motion by either party, the court may issue a subpoena to require the production of documents and other tangible objects if it finds that the evidence sought may be material to the determination of issues in the case.

SB82,296,20 (2) A motion and subpoena under sub. (1) shall specify who shall produce the material, whether certified copies of documents may be submitted in lieu of appearance, and other conditions under which the evidence shall be produced.

SB82,296,25 (3) Any party, or any person subpoenaed under this section, may move to quash the subpoena if the movant under sub. (1) has not shown grounds for the subpoena or if compliance would subject the person subpoenaed to an undue burden, require the disclosure of information that is privileged or otherwise protected from disclosure, or otherwise be unreasonable.

SB82,961 Section 961. 971.51 (title) and (1) of the statutes are created to read:

SB82,297,5 971.51 (title) Manner of performing disclosure. (1) Disclosure may be accomplished in any manner mutually agreeable to the parties. Absent agreement or order of the court, the party having the duty to disclose shall provide a copy of the material to be disclosed.

SB82,962 Section 962. 971.51 (3) of the statutes is created to read:

SB82,297,9 971.51 (3) Notwithstanding sub. (2), the fee for copies of disclosures may not exceed the actual, necessary, and direct cost of reproduction and transcription of the record.

SB82,963 Section 963. 971.52 (3) of the statutes is created to read:

SB82,297,17 971.52 (3) If anything is deleted from discoverable material under a claim of privilege or other exemption, the party to whom the discovery is made shall be notified and may move the court for an order requiring its disclosure. The court may require the deleted information to be furnished to the court under seal for determination of its discoverability. If the court determines that the material is exempt from disclosure, an appropriate sealed copy of the material shall be kept in the court record.

SB82,964 Section 964. 971.56 of the statutes is created to read:

SB82,297,25 971.56 Obtaining nontestimonial information from defendant. (1) In general. Upon motion by the district attorney, the court may order a defendant charged with a crime to participate in a procedure to obtain nontestimonial evidence relevant to whether the defendant committed the crime if the procedure is reasonable and does not involve an unreasonable intrusion into the body or an unreasonable detention of the defendant. An order under this subsection may direct the defendant to do any of the following:

SB82,298,2 (a) Appear, move, or speak for identification in a lineup or, if a lineup is not practicable, through some other reasonable procedure.

SB82,298,3 (b) Try on clothing and other articles.

SB82,298,4 (c) Provide handwriting and voice exemplars.

SB82,298,5 (d) Permit the taking of his or her photograph.

SB82,298,7 (e) Permit the taking of fingerprints, palm prints, footprints, and other body impression.

SB82,298,9 (f) Permit the taking of samples of blood, urine, saliva, semen, skin, breath, hair, or nails or materials under the nails.

SB82,298,11 (g) Submit to body measurements and other reasonable body surface examinations.

SB82,298,13 (h) Submit to reasonable physical and medical inspection, including X-rays, of the body.

SB82,298,15 (i) Participate in other procedures that comply with the requirements of sub. (1) (intro.).

SB82,298,25 (2) Contents of order. An order under this section shall specify with particularity the authorized procedure; the scope of the defendant's participation in the procedure; the time, duration, and place of the procedure and other conditions under which it is to be conducted; and who may conduct the procedure. It may also direct the defendant not to alter substantially any identifying physical characteristics to be examined or destroy any evidence sought. The order shall specify that the defendant may not be subjected to investigative interrogation while participating in or present for the procedure and that the defendant may be held in contempt of court if he or she fails to appear and participate in the procedure as directed.

SB82,299,2 (3) Service. The order shall be served by mailing or delivering a copy to the defendant's counsel and by delivering a copy of the order to the defendant personally.

SB82,299,4 (4) Implementation. (a) Counsel may accompany the defendant at a procedure ordered under this section, but the court may bar other individuals from attending.

SB82,299,8 (b) If the procedure involves an intrusion into the body, it shall be conducted by a qualified health care professional. Upon timely request by the defendant and approval by the court, a qualified health care professional designated by the defendant may observe any procedure involving intrusion of the body.

SB82,299,11 (c) The defendant may not be subjected to investigative interrogation at the procedure. No statement of the defendant made at the procedure is admissible against the defendant if made in the absence of the defendant's counsel.

SB82,965 Section 965. 971.57 of the statutes is created to read:

SB82,299,19 971.57 Nontestimonial discovery from 3rd parties. (1) Upon motion of a defendant, the court may issue a subpoena requiring an individual to participate in a procedure to obtain nontestimonial evidence under s. 971.56 (1) if an affidavit or testimony shows probable cause to believe that the individual to be subpoenaed committed the crime with which the defendant is charged and that the evidence sought is necessary to an adequate defense and cannot practicably be obtained from other sources.

SB82,299,21 (2) A motion and order under sub. (1) shall specify with particularity the following information if appropriate:

SB82,299,22 (a) The authorized procedure.

SB82,299,23 (b) The scope of the 3rd party's participation.

SB82,299,25 (c) The time, duration, and place of the procedure and other conditions under which it is to be conducted.

SB82,300,1 (d) The name or job title of the person who is to conduct the procedure.

SB82,300,6 (3) Any party or any person subpoenaed under this section may move to quash the subpoena if the defendant has not shown grounds for the subpoena or if compliance would subject the person subpoenaed to an undue burden, require the disclosure of information that is privileged or otherwise protected from disclosure, or otherwise be unreasonable.

SB82,966 Section 966. 971.58 (title) of the statutes is created to read:

SB82,300,8 971.58 (title) Compelling certain examinations prohibited.

SB82,967 Section 967. Subchapter V (title) of chapter 971 [precedes 971.65] of the statutes is created to read:

SB82,300,11 chapter 971