Amendment ASA1-AB721

AB721-ASA1,7,8 971.23 (7) (title) Continuing duty to disclose; failure to comply. If, subsequent to compliance with a requirement of this section, and prior to or during trial, a party discovers additional material or the names of additional witnesses requested which are subject to discovery, inspection or production hereunder under this section, the party shall promptly notify the other party of the existence of the additional material or names.

AB721-ASA1,7,12 (7m) (a) The court shall exclude any witness not listed or evidence not presented for inspection or copying required by this section, unless good cause is shown for failure to comply. The court may in appropriate cases grant the opposing party a recess or a continuance.

AB721-ASA1, s. 20 Section 20. 971.23 (7m) (title) of the statutes is created to read:

AB721-ASA1,7,14 971.23 (7m) (title) Sanctions for failure to comply.

AB721-ASA1, s. 21 Section 21. 971.23 (7m) (b) of the statutes is created to read:

AB721-ASA1,7,20 971.23 (7m) (b) In addition to or in lieu of any sanction specified in par. (a), a court may, subject to sub. (3), advise the jury of any failure or refusal to disclose material or information required to be disclosed under sub. (1) or (2m), or of any untimely disclosure of material or information required to be disclosed under sub. (1) or (2m).

AB721-ASA1, s. 22 Section 22. 971.23 (8) (a) of the statutes is amended to read:

AB721-ASA1,8,8 971.23 (8) (a) If the defendant intends to rely upon an alibi as a defense, the defendant shall give notice to the district attorney at the arraignment or at least 15 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 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.

AB721-ASA1, s. 23 Section 23. 971.23 (8) (d) of the statutes is amended to read:

AB721-ASA1,8,15 971.23 (8) (d) Within 10 15 days after receipt of the notice of alibi, or such other time as the court orders, the district attorney shall furnish the defendant notice in writing of 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.

AB721-ASA1, s. 24 Section 24. 971.23 (8) (e) of the statutes is created to read:

AB721-ASA1,8,20 971.23 (8) (e) A witness list required under par. (a) or (d) shall be provided in addition to a witness list required under sub. (1) (d) or (2m) (a), and a witness disclosed on a list under sub. (1) (d) or (2m) (a) shall be included on a list under par. (a) or (d) if the witness is required to be disclosed under par. (a) or (d).

AB721-ASA1, s. 25 Section 25. 971.23 (9) (title) of the statutes is repealed.

AB721-ASA1, s. 26 Section 26. 971.23 (9) of the statutes is renumbered 971.23 (1) (bm) and amended to read:

AB721-ASA1,9,3 971.23 (1) (bm) Notwithstanding sub. (1), if the district attorney intends to use evidence Evidence obtained in the manner described under s. 968.31 (2) (b), if the district attorney shall notify the defendant of that intention not less than 30 days before trial. The district attorney shall permit the defendant to inspect, listen to or copy the evidence upon demand intends to use the evidence at trial.

AB721-ASA1, s. 27 Section 27. 971.24 (title) and (1) of the statutes are repealed.

AB721-ASA1, s. 28 Section 28. 971.24 (2) of the statutes is renumbered 971.23 (6m) and amended to read:

AB721-ASA1,9,11 971.23 (6m) Either party may move for an in camera inspection by the court of the documents referred to in sub. (1) 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.

AB721-ASA1, s. 29 Section 29. 971.24 (3) of the statutes is renumbered 971.23 (1) (e) and amended to read:

AB721-ASA1,9,25 971.23 (1) (e) Upon demand prior to trial or revocation hearing under s. 304.06 (3) or 973.10 (2), the district attorney shall disclose to a defendant the existence of Any relevant written or recorded statements of a witness named on a list under par. (d), including any videotaped oral statement of a child under s. 908.08 which is within the possession, custody or control of the state and shall make reasonable arrangements for the defendant and defense counsel to view the videotaped statement. If, subsequent to compliance with this subsection, the state obtains possession, custody or control of such a videotaped statement, the district attorney shall promptly notify the defendant of that fact and make reasonable arrangements for the defendant and defense counsel to view the videotaped statement , 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 intends to offer in evidence at trial. This paragraph does not apply to reports subject to disclosure under s. 972.11 (5).

AB721-ASA1, s. 30 Section 30. 971.25 (title) of the statutes is repealed.

AB721-ASA1, s. 31 Section 31. 971.25 (1) of the statutes is renumbered 971.23 (1) (f) and amended to read:

AB721-ASA1,10,10 971.23 (1) (f) The district attorney shall disclose to the defendant, upon demand, the criminal record of a prosecution witness which is known to the district attorney.

AB721-ASA1, s. 32 Section 32. 971.25 (2) of the statutes is renumbered 971.23 (2m) (b) and amended to read:

AB721-ASA1,10,15 971.23 (2m) (b) The defense attorney shall disclose to the district attorney, upon demand, the criminal record of a defense witness, other than the defendant, which is known to the defense attorney.

AB721-ASA1, s. 33 Section 33. 971.31 (5) (b) of the statutes is amended to read:

AB721-ASA1,10,20 971.31 (5) (b) In felony actions, motions to suppress evidence or motions under ss. s. 971.23 to 971.25 or objections to the admissibility of statements of a defendant shall not be made at a preliminary examination and not until an information has been filed.

AB721-ASA1, s. 34 Section 34. 972.10 (5) of the statutes is amended to read:

AB721-ASA1,11,14 972.10 (5) 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 reasonable opportunity to examine the instructions requested and to present and argue to the court objections to the adoption or rejection of any instructions requested by counsel. The court shall advise the parties 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 shall be on the record. The court shall provide the jury with one complete set of written instructions providing the burden of proof and the substantive law to be applied to the case to be decided.

AB721-ASA1, s. 35 Section 35. 973.10 (2g) of the statutes is created to read:

AB721-ASA1,11,24 973.10 (2g) Upon demand prior to a revocation hearing under sub. (2), the district attorney shall disclose to a defendant the existence of any videotaped oral statement of a child under s. 908.08 which is within the possession, custody or control of the state and shall make reasonable arrangements for the defendant and defense counsel to view the videotaped statement. If, subsequent to compliance with this subsection, the state obtains possession, custody or control of such a videotaped statement, the district attorney shall promptly notify the defendant of that fact and make reasonable arrangements for the defendant and defense counsel to view the videotaped statement.

AB721-ASA1, s. 36 Section 36. Initial applicability.

AB721-ASA1,12,2 (1)  This act first applies to criminal actions commenced on the effective date of this subsection.

AB721-ASA1, s. 37 Section 37. Effective date.

AB721-ASA1,12,4 (1)  This act takes effect on July 1, 1996.

AB721-ASA1,12,5 (End)