SB82: Bill Text

SB82,975 Section 975. 971.75 (4) of the statutes is created to read:

SB82,302,10 971.75 (4) Time for retention hearing. The court shall conduct any hearing on retention of jurisdiction that is required under sub. (3) (b) within 20 days of the probable cause finding under sub. (3) (b). On stipulation of the parties, or upon motion and for cause, the court may extend that time.

SB82,976 Section 976. 971.75 (6) of the statutes is created to read:

SB82,302,15 971.75 (6) Witnesses at probable cause and retention hearings. (a) Both the district attorney and the juvenile may call and cross-examine witnesses at any hearing under this section. All witnesses shall be sworn and their testimony reported by a court reporter.

SB82,302,19 (b) During any hearing under this section, the court may exclude witnesses until they are called to testify, may direct that persons who are expected to be called as witnesses be kept separate until called, and may prevent them from communicating with one another until they have been examined.

SB82,977 Section 977. 971.75 (7) of the statutes is created to read:

SB82,302,21 971.75 (7) Admissibility of reports. (a) In this subsection:

SB82,302,22 1. "Hospital" has the meaning given in s. 50.33 (2).

SB82,302,23 2. "Local health department" has the meaning given in s. 250.01 (4).

SB82,303,7 (b) At any hearing under this section, a report of one of the crime laboratory's, the state laboratory of hygiene's, a federal bureau of investigation laboratory's, a hospital laboratory's, or a local health department's findings with reference to all or any part of the evidence submitted, certified as correct by the attorney general, the director of the state laboratory of hygiene, the director of the federal bureau of investigation, the chief hospital administrator, the local health officer, as defined in s. 250.01 (5), or a person designated by any of them, shall, when offered by the state or the accused, be received as evidence of the facts and findings stated, if relevant. The expert who made the findings need not be called as a witness.

SB82,303,13 (c) At any hearing under this section in Milwaukee County, a latent fingerprint report of the city of Milwaukee police department bureau of identification division's latent fingerprint identification unit, certified as correct by the police chief or a person designated by the police chief, shall, when offered by the state or the accused, be received as evidence of the facts and findings stated, if relevant. The expert who made the findings need not be called as a witness.

SB82,978 Section 978. 971.75 (9) of the statutes is created to read:

SB82,303,25 971.75 (9) Closure orders. (a) If the juvenile is accused of a crime under s. 940.225, 948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s. 940.302 (2), if the court finds that the crime was sexually motivated, as defined in s. 980.01 (5), the court may exclude from any hearing under this section all persons who are not officers of the court, members of the complainant's or juvenile's families, or others considered by the court to be supportive of the complainant or juvenile, the service representative, as defined in s. 895.45 (1) (c), or other persons required to attend, if the court finds that the state or the juvenile has established a compelling interest that would likely be prejudiced if the persons were not excluded. The court may consider as a compelling interest, among others, the need to protect a complainant from undue embarrassment and emotional trauma.

SB82,304,6 (b) In making its order under this subsection, the court shall set forth specific findings sufficient to support the order. In making these findings, the court shall consider, and give substantial weight to, the desires, if any, of the complainant. Additional factors that the court may consider in making these findings include, but are not limited to, the complainant's age, psychological maturity, and understanding; the nature of the crime; and the desires of the complainant's family.

SB82,304,9 (c) The court shall make its order under this subsection no broader than is necessary to protect the compelling interest under par. (a) and shall consider any reasonable alternatives to full closure of the entire hearing.

SB82,979 Section 979. 971.76 of the statutes is created to read:

SB82,304,17 971.76 Pretrial dismissal of complaint against juvenile. (1) Waiver cases. If the court has jurisdiction over a juvenile as a result of a waiver under s. 938.18 (1) (a) or (b), the juvenile may move the court to dismiss the complaint on the ground that the state cannot prove that he or she committed any of the offenses listed in s. 938.18 (1) (a) or (b) on which the waiver was based. If the court grants a motion to dismiss under this subsection, the court shall order that the juvenile be discharged, but proceedings may be brought regarding the juvenile under ch. 938.

SB82,304,24 (2) Cases involving original adult court jurisdiction. A juvenile subject to the court's original jurisdiction under s. 938.183 (1) may move the court to dismiss the complaint on the ground that the state cannot prove that he or she committed any of the offenses charged under s. 938.183 (1) (a), (am), (b), or (c) under the circumstances described in those provisions. If the court grants a motion to dismiss under this subsection, the court shall order that the juvenile be discharged, but proceedings may be brought regarding the juvenile under ch. 938.

SB82,980 Section 980. 971.77 (title) of the statutes is created to read:

SB82,305,1 971.77 (title) Motion to transfer jurisdiction in misdemeanors.

SB82,981 Section 981. 972.005 (title) of the statutes is created to read:

SB82,305,3 972.005 (title) Right to jury; waiver.

SB82,982 Section 982. 972.005 (2) of the statutes is created to read:

SB82,305,9 972.005 (2) Partial jury trial waiver. The parties may agree, with the approval of the court, that the jury be instructed that an element of the crime is established. The court shall address the defendant personally to assure that the defendant understands his or her right to trial by jury as to that element and voluntarily waives that right.

SB82,983 Section 983. 972.01 of the statutes is amended to read:

SB82,305,15 972.01 Jury; civil rules applicable. The Except as otherwise provided in this chapter, the summoning of jurors, the, selection, and qualifications of the jury jurors, the challenge of jurors for cause, and the duty of the court in charging the jury and, giving instructions, and discharging the jury when it is unable to agree shall be the same in criminal as in civil actions, except that s. 805.08 (3) shall not apply.

SB82,984 Section 984. 972.02 (title) of the statutes is repealed.

SB82,985 Section 985. 972.02 (1) of the statutes is renumbered 972.005 (1) and amended to read:

SB82,305,25 972.005 (1) Waiver. Except as otherwise provided in this chapter, criminal Criminal cases shall be tried by a jury selected as prescribed in s. 805.08, unless the defendant waives a his or her right to trial by jury in writing or by statement in open court or under s. 967.08 (2) (b), on the record, with the approval of the court and the consent of the state. Before approving a waiver of the right to trial by jury, the court shall address the defendant personally to assure that the defendant understands his or her right to trial by jury and that the defendant voluntarily waives that right.

SB82,986 Section 986. 972.02 (2) of the statutes is renumbered 972.025 (2) and amended to read:

SB82,306,8 972.025 (2) Jury of less than 12. At any time before the verdict is returned, the parties may stipulate in writing or by statement in open court, on the record agree, with the approval of the court, that the jury shall consist of any number less than 12. If the parties agree to a number of jurors that is less than 12, the court shall address the defendant personally to ensure that the defendant understands his or her right to a jury of 12 and that the defendant voluntarily waives that right.

SB82,987 Section 987. 972.02 (3) of the statutes is renumbered 972.27 and amended to read:

SB82,306,14 972.27 Findings in a trial to the court. In a case tried without a jury, the court shall make a general finding and may in addition find the facts specially. If the charge includes a provision that increases the maximum penalty for the charged crime, the court shall make a specific finding as to the proof of that provision.

SB82,988 Section 988. 972.02 (4) of the statutes is renumbered 972.04 (5) and amended to read:

SB82,306,19 972.04 (5) No A member of the a grand jury which found the indictment shall that indicted a defendant may not be a juror for the defendant's trial of the indictment.

SB82,989 Section 989. 972.025 (title) and (1) of the statutes are created to read:

SB82,306,23 972.025 (title) Jury size. (1) Twelve-person jury. A jury in a criminal case shall consist of 12 persons unless the parties agree to a lesser number as provided in sub. (2).

SB82,990 Section 990. 972.03 (title) of the statutes is amended to read:

SB82,306,25 972.03 (title) Peremptory Number of peremptory challenges.

SB82,991 Section 991. 972.03 of the statutes is renumbered 972.03 (1) and amended to read:

SB82,307,5 972.03 (1) Generally. Each Except as provided in subs. (2), (3), (4), and (5), in a criminal case, each side is entitled to only 4 peremptory challenges except as otherwise provided in this section. When.

SB82,307,11 (4) Life imprisonment. If the crime charged in a case is punishable by life imprisonment, the state is each side shall be entitled to 6 peremptory challenges and the defendant is entitled to 6 peremptory challenges. If there is , except, if the case involves 2 defendants, the defense shall be entitled to 12 peremptory challenges, and if the case involves more than 2 defendants, the defense shall be entitled to 18 peremptory challenges.

SB82,307,21 (3) Dividing challenges among defendants. In a criminal case involving more than one defendant, the court shall divide the peremptory challenges for the defense as equally as practicable among them the defendants; and if their defenses are adverse and the court is satisfied that the protection of their rights so requires, the court may allow the defendants additional peremptory challenges. If the crime is punishable by life imprisonment, the total peremptory challenges allowed the defense shall not exceed 12 if there are only 2 defendants and 18 if there are more than 2 defendants; in other felony cases the defendants are allowed additional peremptory challenges under this subsection, the courts may, if the interest of justice requires, allow the state additional peremptory challenges.

SB82,308,5 (2) More than one defendant. Except as provided in subs. (3) and (4), in a criminal case involving 2 defendants, the defense shall be entitled to 6 peremptory challenges if there are only, and in a criminal case involving more than 2 defendants and, the defense shall be entitled to 9 peremptory challenges if there are more than 2. In misdemeanor cases, the state is entitled to 3 peremptory challenges and the defendant is entitled to 3 peremptory challenges, except that if there are 2 defendants, the court shall allow the defense 4 peremptory challenges, and if there are more than 2 defendants, the court shall allow the defense 6 peremptory challenges.

SB82,308,8 (5) Additional challenges. Each side shall be allowed at least one additional peremptory challenge if the court orders that additional jurors are to be selected under s. 972.04 (1).

SB82,992 Section 992. 972.04 (title) of the statutes is repealed and recreated to read:

SB82,308,10 972.04 (title) Jury selection.

SB82,993 Section 993. 972.04 (1) of the statutes is amended to read:

SB82,308,19 972.04 (1) The number of jurors selected in a criminal case shall be prescribed in s. 756.06 (2) (a), 12 unless a lesser number has been stipulated agreed to and approved under s. 972.02 972.025 (2) or the. The court orders may order that additional jurors be selected. That number, plus the number of peremptory challenges available to all the parties, shall be called initially and maintained in the jury box by calling others to replace jurors excused for cause until all jurors have been examined. The to assure that the required number of jurors will be available for deliberation.

SB82,308,24 (6) After the jurors have been examined and the court has determined whether to excuse any juror for cause, the parties shall thereupon exercise in their order their peremptory challenges alternately, the state beginning, the peremptory challenges available to them, and if. If any party declines to exercise a peremptory challenge, the challenge shall be made by the clerk shall make the challenge by lot.

SB82,994 Section 994. 972.04 (2) of the statutes is repealed.

SB82,995 Section 995. 972.04 (3) of the statutes is created to read:

SB82,309,4 972.04 (3) The court shall call and maintain the number of jurors provided in sub. (1), plus the number of peremptory challenges available to the parties. If a juror is excused for cause, the court shall replace that juror with another.

SB82,996 Section 996. 972.06 of the statutes is amended to read:

SB82,309,9 972.06 View Jury view. The court may order a view by the jury to view a location or object whenever the court concludes that viewing the location or object would assist the jury in understanding the evidence introduced in court or assist the jury in weighing and applying that evidence.

SB82,997 Section 997. 972.07 of the statutes is renumbered 967.12 and amended to read:

SB82,309,12 967.12 Jeopardy. Jeopardy attaches when one of the following occurs:

SB82,309,15 (1) In a trial to the court without a jury, when a witness is sworn; the first witness assents to the oath or affirmation or answers the first question if no oath or affirmation is administered.

SB82,309,17 (2) In a jury trial, when the selection of the jury has been completed and the jury sworn.

SB82,998 Section 998. 972.075 of the statutes is created to read:

SB82,309,20 972.075 Questioning of witnesses by jurors. (1) After the selection of a jury, the court may authorize the jurors to ask questions of witnesses.

SB82,309,23 (2) If the court authorizes juror questions, the court shall instruct the jury to propose only questions that tend to clarify information already presented and shall instruct the jury of the following procedure that shall be used for juror questions:

SB82,309,25 (a) After the parties have questioned a witness and before the witness leaves the stand, the court shall ask the jurors if they have any questions for the witness.

SB82,310,2 (b) If a juror has a question, he or she shall submit the question in writing to the judge.

SB82,310,4 (c) The judge shall show the question to the parties and allow the parties to object to the question without the knowledge of the jury.

SB82,310,6 (d) The judge shall review the question and any objections made by the parties and determine if the question is legally proper.

SB82,310,7 (e) If the question is legally proper, the judge may ask it of the witness.

SB82,310,9 (f) The court shall allow the parties to ask follow-up questions to any juror questions that are posed to a witness.

SB82,999 Section 999. 972.08 of the statutes is renumbered 967.17, and 967.17 (1) and (2), as renumbered, are amended to read:

SB82,310,22 967.17 (1) (a) Whenever any person refuses to testify or to produce books, papers, or documents when required to do so before any grand jury, in a John Doe proceeding under s. 968.26 968.105, at an inquest under s. 968.015, or at a preliminary examination, criminal hearing, or trial for the reason that the testimony or evidence required of him or her may tend to incriminate him or her or subject him or her to a forfeiture or penalty, the person may nevertheless be compelled to testify or produce the evidence by order of the court on motion of the district attorney. No person who testifies or produces evidence in obedience to the command of the court in that case may be liable to any forfeiture or penalty for or on account of testifying or producing evidence, but no person may be exempted from prosecution and punishment for perjury or false swearing committed in so testifying.

SB82,310,24 (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82,311,11 (2) Whenever a witness attending in any court trial or appearing before any grand jury or, John Doe investigation proceeding under s. 968.26 968.105, or inquest under s. 968.015 fails or refuses without just cause to comply with an order of the court under this section to give testimony in response to a question or with respect to any matter, the court, upon such failure or refusal, or when such failure or refusal is duly brought to its attention, may summarily order the witness's confinement at a suitable place until such time as the witness is willing to give such testimony or until such the trial, grand jury term, or John Doe investigation under s. 968.26 proceeding, or inquest is concluded but in no case exceeding one year. No person confined under this section shall be admitted to bail released on conditions pending the determination of an appeal taken by the person from the order of confinement.

SB82,1000 Section 1000. 972.085 of the statutes is renumbered 967.18 and amended to read:

SB82,311,20 967.18 Immunity; use standard. Immunity from criminal or forfeiture prosecution under ss. 13.35, 17.16 (7), 77.61 (12), 93.17, 111.07 (2) (b), 128.16, 133.15, 139.20, 139.39 (5), 195.048, 196.48, 551.602 (5), 553.55 (3), 601.62 (5), 767.87 (4), 885.15, 885.24, 885.25 (2), 891.39 (2), 968.26, 972.08 (1) 967.17 (1), and 979.07 (1) 968.105 and ch. 769, provides immunity only from the use of the compelled testimony or evidence in subsequent criminal or forfeiture proceedings, as well as immunity from the use of evidence derived from that compelled testimony or evidence.

SB82,1001 Section 1001. 972.09 of the statutes is repealed.

SB82,1002 Section 1002. 972.10 (title) of the statutes is renumbered 972.16 (title).

SB82,1003 Section 1003. 972.10 (1) (a) (intro.) of the statutes is repealed.

SB82,1004 Section 1004. 972.10 (1) (a) 1. of the statutes is renumbered 972.065 and amended to read:

SB82,312,10 972.065 Note-taking by jurors. The court may authorize note-taking by jurors. If the court authorizes note-taking, the court shall instruct the jurors that they may make written notes of any portion of the proceedings, except the opening statements and closing arguments, if they so desire and that the court will provide materials for that purpose if they so request note-taking. The court shall stress the confidentiality of the notes to inform the jurors that the notes are confidential. The jurors may refer to their notes during the proceedings and deliberation their deliberations. The notes may not be the basis for or the object of any motion by any party. After the jury has rendered returned its verdict, the court shall ensure that the notes are promptly collected and destroyed.

SB82,1005 Section 1005. 972.10 (1) (a) 2. of the statutes is repealed.

SB82,1006 Section 1006. 972.10 (1) (b) of the statutes is renumbered 972.095 and amended to read:

SB82,312,25 972.095 Preliminary jury instructions. The court may give additional preliminary instructions to assist the jury in understanding its duty and the evidence it will hear. The preliminary instructions may include, without limitation, the elements of any offense charged, what constitutes evidence and what does not, guidance regarding the burden of proof and the credibility of witnesses, and directions not to discuss the case until deliberations begin. The additional instructions shall be disclosed to the parties before they are given and either party may object to any specific instruction or propose instructions of its own to be given prior to trial The court shall advise the parties of the content of the instructions to be given. The parties may propose instructions of their own. All objections shall be on the record and shall specify with particularity how the instruction is insufficient or does not correctly state the law.

SB82,1007 Section 1007. 972.10 (2) of the statutes is repealed.

SB82,1008 Section 1008. 972.10 (3) of the statutes is repealed.

SB82,1009 Section 1009. 972.10 (4) of the statutes is repealed.

SB82,1010 Section 1010. 972.10 (5) of the statutes is renumbered 972.22 (1) and amended to read:

SB82,313,13 972.22 (1) When the evidence is concluded and the testimony closed, if either party desires special instructions to be given to the jury, the instructions shall be reduced to writing, signed by the party or his or her attorney and filed with the clerk, unless the court otherwise directs. Counsel for the parties, or the defendant if he or she is without counsel, shall be allowed The court shall allow the parties reasonable opportunity to request final jury instructions, to examine the any instructions requested by any other party, and to present and argue to the court objections to the adoption or rejection of any instructions requested by counsel the parties.

SB82,313,25 (2) The court shall advise the parties of the content of the instructions to be given. No instruction regarding the failure to call a witness at the trial shall be made or given if the sole basis for such instruction is the fact the name of the witness appears upon a list furnished pursuant to s. 971.23. Counsel, or the defendant if he or she is not represented by counsel, shall specify and state the particular ground on which the instruction is objected to, and it shall not be sufficient to object generally that the instruction does not state the law, or is against the law, but the objection shall specify with particularity how the instruction is insufficient or does not state the law or to what particular language there is an objection. All objections before giving the instructions to the jury. If a party objects to the adoption or rejection of an instruction, the objection shall be made with particularity and shall be on the record.

SB82,314,3 (3) The court shall provide the jury with one or more complete set sets of written instructions providing defining the burden of proof and the substantive law to be applied to the case to be decided.