Amendment ASA1-SB55

SB55-ASA1, s. 2146 Section 2146. 973.01 (2) (intro.) of the statutes is amended to read:

SB55-ASA1,1260,7 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure that An order imposing a bifurcated sentence imposed under sub. (1) complies shall comply with all of the following:

SB55-ASA1, s. 2147 Section 2147. 973.01 (2) (a) of the statutes is amended to read:

SB55-ASA1,1260,11 973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment for the felony crime.

SB55-ASA1, s. 2148 Section 2148. 973.01 (2) (b) (intro.) of the statutes is amended to read:

SB55-ASA1,1260,17 973.01 (2) (b) Imprisonment Confinement portion of bifurcated sentence. (intro.) The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year, subject to any minimum sentence prescribed for the felony crime, and, except as provided in par. (c), may not exceed is subject to whichever of the following limits is applicable:

SB55-ASA1, s. 2149 Section 2149. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 6. (intro.) and amended to read:

SB55-ASA1,1260,22 973.01 (2) (b) 6. (intro.) For any felony crime other than a felony specified in subds. 1. to 5. one of the following, the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.:

SB55-ASA1, s. 2150 Section 2150. 973.01 (2) (b) 6. a. and b. of the statutes are created to read:

SB55-ASA1,1260,24 973.01 (2) (b) 6. a. A felony specified in subds. 1. to 5.

SB55-ASA1,1261,2 b. An attempt to commit a classified felony if the attempt is punishable under s. 939.32 (1) (intro.).

SB55-ASA1, s. 2151 Section 2151. 973.01 (2) (d) of the statutes is amended to read:

SB55-ASA1,1261,6 973.01 (2) (d) Minimum term of extended supervision. The term of extended supervision that follows the term of confinement in prison may not be less than 25% of the length of the term of confinement in prison imposed under par. (b).

SB55-ASA1, s. 2152 Section 2152. 973.01 (6) of the statutes is amended to read:

SB55-ASA1,1261,9 973.01 (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole under that sentence.

SB55-ASA1, s. 2153 Section 2153. 973.013 (3m) of the statutes is amended to read:

SB55-ASA1,1262,2 973.013 (3m) If a person who has not attained the age of 16 15 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility or a secured child caring institution, unless the department of corrections determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests, and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department of corrections by rule. This subsection does not preclude the department of corrections from designating an adult correctional institution as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution under this subsection.

SB55-ASA1, s. 2154 Section 2154. 973.05 (1) of the statutes is amended to read:

SB55-ASA1,1263,7 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable consumer information protection assessment imposed by s. 100.261, any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable truck driver education assessment imposed by s. 349.04, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.983, any applicable natural resources assessment imposed by s. 29.987, and any applicable natural resources restitution payment imposed by s. 29.989 to be made within a period not to exceed 60 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer information protection assessment, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable truck driver education assessment, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, and any applicable natural resources restitution payment shall be payable immediately.

SB55-ASA1, s. 2155 Section 2155. 973.05 (2) of the statutes is amended to read:

SB55-ASA1,1264,18 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer information protection assessment, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable truck driver education assessment, any applicable enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement assessment until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to the truck driver education assessment if applicable until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the consumer information protection assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full, shall then be applied to payment of the enforcement assessment under s. 253.06 (4) (c), if applicable, until paid in full, and shall then be applied to payment of the fine.

SB55-ASA1, s. 2156 Section 2156. 973.055 (2) (b) of the statutes is amended to read:

SB55-ASA1,1264,23 973.055 (2) (b) If the assessment is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.0114 (1) (b) (bm).

SB55-ASA1, s. 2157 Section 2157. 973.07 of the statutes is amended to read:

SB55-ASA1,1265,25 973.07 Failure to pay fine or costs or to comply with certain community service work. If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer information protection assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable truck driver education assessment, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer information protection assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable truck driver education assessment, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.

SB55-ASA1, s. 4018f Section 4018f. 973.075 (1) (b) 1m. e. of the statutes is amended to read:

SB55-ASA1,1266,3 973.075 (1) (b) 1m. e. To cause more than $1,000 $2,500 worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d) or 943.012.

SB55-ASA1, s. 4018h Section 4018h. 973.075 (2) (d) of the statutes is amended to read:

SB55-ASA1,1266,11 973.075 (2) (d) The officer has probable cause to believe that the property was derived from or realized through a crime or that the property is a vehicle which was used to transport any property or weapon used or to be used or received in the commission of any felony, which was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, or which was used to cause more than $1,000 $2,500 worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d) or 943.012.

SB55-ASA1, s. 2158 Section 2158. 973.09 (1) (a) of the statutes is amended to read:

SB55-ASA1,1266,21 973.09 (1) (a) Except as provided in par. (c) or if probation is prohibited for a particular offense by statute, if a person is convicted of a crime, the court, by order, may withhold sentence or impose sentence under s. 973.15 and stay its execution, and in either case place the person on probation to the department for a stated period, stating in the order the reasons therefor. The court may impose any conditions which appear to be reasonable and appropriate. The period of probation may be made consecutive to a sentence on a different charge, whether imposed at the same time or previously. If the court imposes an increased term of probation, as authorized under sub. (2) (a) (am) 2. or (b) 2., it shall place its reasons for doing so on the record.

SB55-ASA1, s. 2159 Section 2159. 973.09 (2) (intro.) and (a) 1. of the statutes are consolidated, renumbered 973.09 (2) (am) 1. and amended to read:

SB55-ASA1,1267,3 973.09 (2) (am) 1. The Subject to subd. 2., the original term of probation for an indeterminate sentence misdemeanor shall be: (a) 1. Except as provided in subd. 2., for misdemeanors, not less than 6 months nor more than 2 years.

SB55-ASA1, s. 2160 Section 2160. 973.09 (2) (a) 2. of the statutes is renumbered 973.09 (2) (am) 2. and amended to read:

SB55-ASA1,1267,10 973.09 (2) (am) 2. If the probationer is convicted of not less than 2 nor more than 4 indeterminate sentence misdemeanors at the same time, the maximum original term of probation may be increased by one year. If the probationer is convicted of 5 or more indeterminate sentence misdemeanors at the same time, the maximum original term of probation may be increased by 2 years.

SB55-ASA1, s. 2161 Section 2161. 973.09 (2) (ag) of the statutes is created to read:

SB55-ASA1,1267,12 973.09 (2) (ag) Definitions. In this subsection:

SB55-ASA1,1267,15 1. "Bifurcated sentence misdemeanor" means a misdemeanor committed on or after the effective date of this subdivision .... [revisor inserts date], for which a court may impose a bifurcated sentence under s. 973.01.

SB55-ASA1,1267,17 2. "Indeterminate sentence misdemeanor" means a misdemeanor other than a bifurcated sentence misdemeanor.

SB55-ASA1, s. 2162 Section 2162. 973.09 (2) (am) (title) of the statutes is created to read:

SB55-ASA1,1267,20 973.09 (2) (am) (title) Misdemeanors for which a bifurcated sentence may not be imposed.

SB55-ASA1, s. 2163 Section 2163. 973.09 (2) (b) (title) of the statutes is created to read:

SB55-ASA1,1267,22 973.09 (2) (b) (title) Crimes for which a bifurcated sentence may be imposed.

SB55-ASA1, s. 2164 Section 2164. 973.09 (2) (b) 1. of the statutes is amended to read:

SB55-ASA1,1268,2 973.09 (2) (b) 1. Except as provided in Subject to subd. 2., the original term of probation for felonies, and bifurcated sentence misdemeanors shall be not less than one year nor more than either the statutory maximum term of imprisonment confinement in prison for the crime or 3 years, whichever is greater.

SB55-ASA1, s. 2165 Section 2165. 973.09 (2) (b) 2. of the statutes is amended to read:

SB55-ASA1,1268,7 973.09 (2) (b) 2. If the probationer is convicted of 2 or more crimes, including at least one felony or bifurcated sentence misdemeanor, at the same time, the maximum original term of probation may be increased by one year for each felony conviction for a felony or a bifurcated sentence misdemeanor.

SB55-ASA1, s. 4026g Section 4026g. 973.09 (4) of the statutes is renumbered 973.09 (4) (a) and amended to read:

SB55-ASA1,1269,5 973.09 (4) (a) The court may also require as a condition of probation that the probationer be confined during such period of the term of probation as the court prescribes, but not to exceed one year. The court may grant the privilege of leaving the county jail, Huber facility, work camp, or tribal jail during the hours or periods of employment or other activity under s. 303.08 (1) (a) to (e) while confined under this subsection. The court may specify the necessary and reasonable hours or periods during which the probationer may leave the jail, Huber facility, work camp, or tribal jail or the court may delegate that authority to the sheriff. In those counties without a Huber facility under s. 303.09, a work camp under s. 303.10, or an agreement under s. 302.445, the probationer shall be confined in the county jail. In those counties with a Huber facility under s. 303.09, the sheriff shall determine whether confinement under this subsection is to be in that facility or in the county jail. In those counties with a work camp under s. 303.10, the sheriff shall determine whether confinement is to be in the work camp or the county jail. The sheriff may transfer persons confined under this subsection between a Huber facility or a work camp and the county jail. In those counties with an agreement under s. 302.445, the sheriff shall determine whether confinement a person who is confined under this subsection but who is not subject to an order under par. (b) is to be confined in the tribal jail or the county jail, unless otherwise provided under the agreement. In those counties, the sheriff may transfer persons confined under this subsection between a tribal jail and a county jail, unless otherwise provided under the agreement.

SB55-ASA1,1269,10 (c) While subject to this subsection, the probationer is subject to s. 303.08 (1), (3) to (6), (8) to (12), and (14) or to s. 303.10, whichever is applicable, and to all the rules of the county jail, Huber facility, work camp or tribal jail facility to which the probationer is confined, and to the discipline of the department, if confined to a facility under par. (b), or the sheriff.

SB55-ASA1, s. 4026r Section 4026r. 973.09 (4) (b) of the statutes is created to read:

SB55-ASA1,1269,16 973.09 (4) (b) With the consent of the department and when recommended in the presentence investigation, the court may order that a felony offender subject to this subsection be confined in a facility located in the city of Milwaukee under s. 301.13 or 301.16 (1q), for the purpose of allowing the offender to complete an alcohol and other drug abuse treatment program.

SB55-ASA1, s. 2166 Section 2166. 973.15 (2m) of the statutes is created to read:

SB55-ASA1,1269,18 973.15 (2m) (a) Definitions. In this subsection:

SB55-ASA1,1269,21 1. "Determinate sentence" means a bifurcated sentence imposed under s. 973.01 or a life sentence under which a person is eligible for release to extended supervision under s. 973.014 (1g) (a) 1. or 2.

SB55-ASA1,1269,23 2. "Indeterminate sentence" means a sentence to the Wisconsin state prisons other than one of the following:

SB55-ASA1,1269,24 a. A determinate sentence.

SB55-ASA1,1270,2 b. A sentence under which the person is not eligible for release on parole under s. 939.62 (2m) (c) or 973.014 (1) (c).

SB55-ASA1,1270,7 3. "Period of confinement in prison," with respect to any sentence to the Wisconsin state prisons, means any time during which a person is incarcerated under that sentence, including any extensions imposed under s. 302.11 (3), 302.113 (3), or 302.114 (3) and any period of confinement in prison required to be served under s. 302.11 (7) (am), 302.113 (9) (am), or 302.114 (9) (am).

SB55-ASA1,1270,12 (b) Determinate sentences imposed to run concurrent with or consecutive to determinate sentences. 1. If a court provides that a determinate sentence is to run concurrent with another determinate sentence, the person sentenced shall serve the periods of confinement in prison under the sentences concurrently and the terms of extended supervision under the sentences concurrently.

SB55-ASA1,1270,17 2. If a court provides that a determinate sentence is to run consecutive to another determinate sentence, the person sentenced shall serve the periods of confinement in prison under the sentences consecutively and the terms of extended supervision under the sentences consecutively and in the order in which the sentences have been pronounced.

SB55-ASA1,1270,24 (c) Determinate sentences imposed to run concurrent with or consecutive to indeterminate sentences. 1. If a court provides that a determinate sentence is to run concurrent with an indeterminate sentence, the person sentenced shall serve the period of confinement in prison under the determinate sentence concurrent with the period of confinement in prison under the indeterminate sentence and the term of extended supervision under the determinate sentence concurrent with the parole portion of the indeterminate sentence.

SB55-ASA1,1271,6 2. If a court provides that a determinate sentence is to run consecutive to an indeterminate sentence, the person sentenced shall serve the period of confinement in prison under the determinate sentence consecutive to the period of confinement in prison under the indeterminate sentence and the parole portion of the indeterminate sentence consecutive to the term of extended supervision under the determinate sentence.

SB55-ASA1,1271,13 (d) Indeterminate sentences imposed to run concurrent with or consecutive to determinate sentences. 1. If a court provides that an indeterminate sentence is to run concurrent with a determinate sentence, the person sentenced shall serve the period of confinement in prison under the indeterminate sentence concurrent with the period of confinement in prison under the determinate sentence and the parole portion of the indeterminate sentence concurrent with the term of extended supervision required under the determinate sentence.

SB55-ASA1,1271,19 2. If a court provides that an indeterminate sentence is to run consecutive to a determinate sentence, the person sentenced shall serve the period of confinement in prison under the indeterminate sentence consecutive to the period of confinement in prison under the determinate sentence and the parole portion of the indeterminate sentence consecutive to the term of extended supervision under the determinate sentence.

SB55-ASA1,1271,25 (e) Revocation in multiple sentence cases. If a person is serving concurrent determinate sentences and extended supervision is revoked in each case, or if a person is serving a determinate sentence concurrent with an indeterminate sentence and both extended supervision and parole are revoked, the person shall concurrently serve any periods of confinement in prison required under those sentences under s. 302.11 (7) (am), 302.113 (9) (am), or 302.114 (9) (am).

SB55-ASA1, s. 2167 Section 2167. 973.155 (1) (b) of the statutes is amended to read:

SB55-ASA1,1272,6 973.155 (1) (b) The categories in par. (a) include custody of the convicted offender which is in whole or in part the result of a probation, extended supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.

SB55-ASA1, s. 2168 Section 2168. 976.08 of the statutes is amended to read:

SB55-ASA1,1272,11 976.08 Additional applicability. In this chapter, "prisoner" includes any person subject to an order under s. 48.366 or 938.183 who is confined to a Wisconsin state prison and any person subject to an order under s. 938.34 (4h) who is 17 years of age or older.

SB55-ASA1, s. 2169 Section 2169. 977.05 (6) (c) of the statutes is repealed.

SB55-ASA1, s. 2170 Section 2170. 977.05 (6) (cm) of the statutes is repealed.

SB55-ASA1, s. 4032m Section 4032m. 978.13 (1) (d) of the statutes is amended to read:

SB55-ASA1,1272,23 978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The state treasurer shall pay the amount authorized under this paragraph to the county treasurer from the appropriation under s. 20.475 (1) (f) pursuant to a voucher submitted by the district attorney to the department of administration. The amount paid under this paragraph may not exceed $51,300 in the 1999-2000 fiscal year and $64,000 in the 2000-01 fiscal year the amount appropriated under s. 20.475 (1) (f).

SB55-ASA1, s. 4033g Section 4033g. 979.01 (1m) of the statutes is amended to read:

SB55-ASA1,1273,2 979.01 (1m) The coroner or medical examiner receiving notification under sub. (1) shall immediately notify the attorney general and district attorney.

SB55-ASA1, s. 4033k Section 4033k. 979.015 of the statutes is amended to read:

SB55-ASA1,1273,9 979.015 Subpoena for documents. Upon the request of the coroner, medical examiner, attorney general, or district attorney, a court shall issue a subpoena requiring the production of documents necessary for the determination of a decedent's cause of death. The documents may include the decedent's patient health care records and treatment records, as defined in ss. 51.30 and 146.81 (4). The documents shall be returnable to the officer named in the subpoena.

SB55-ASA1, s. 4033n Section 4033n. 979.02 of the statutes is amended to read:

SB55-ASA1,1273,21 979.02 Autopsies. The coroner, medical examiner, attorney general, or district attorney may order the conducting of an autopsy upon the body of a dead person any place within the state in cases where an inquest might be had as provided in s. 979.04 notwithstanding the fact that no such inquest is ordered or conducted. The autopsy shall be conducted by a licensed physician who has specialized training in pathology. The attorney general or district attorney may move the circuit court for the county in which the body is buried for an order disinterring the body for purposes of autopsy. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 exists. This section does not prevent additional autopsies or examinations of the body if there are unanswered pathological questions concerning the death and the causes of death.

SB55-ASA1, s. 2171 Section 2171. 979.025 of the statutes is created to read:

SB55-ASA1,1274,6 979.025 Autopsy of correctional inmate. (1) Inmate confined to an institution in this state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility located in this state, the coroner or medical examiner of the county where the death occurred shall perform an autopsy on the deceased individual. If the coroner or medical examiner who performs the autopsy determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1), the coroner or medical examiner shall follow the procedures under s. 979.04 (2).

SB55-ASA1,1274,17 (2) Inmate confined in an institution in another state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility in another state under a contract under s. 301.07, 301.21, or 302.25, the department shall have an autopsy performed by an appropriate authority in the other state or by the coroner or medical examiner of the county in which the circuit court is located that sentenced the individual to the custody of the department. If the coroner or medical examiner who performs the autopsy in this state determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1), the coroner or medical examiner shall forward the results of the autopsy to the appropriate authority in the other state.

SB55-ASA1,1274,19 (3) Costs of an autopsy. The costs of an autopsy performed under sub. (1) or (2) shall be paid by the department.

SB55-ASA1, s. 4034b Section 4034b. 979.04 (1) of the statutes is amended to read:

SB55-ASA1,1275,11 979.04 (1) If the attorney general or district attorney has notice of the death of any person and there is reason to believe from the circumstances surrounding the death that felony murder, first-degree or 2nd-degree intentional homicide, first-degree or 2nd-degree reckless homicide, homicide by negligent handling of a dangerous weapon, explosives, or fire, homicide by negligent operation of a vehicle, homicide resulting from negligent control of a vicious animal , or homicide by intoxicated user of a vehicle or firearm may have been committed, or that death may have been due to suicide or unexplained or suspicious circumstances, the attorney general or district attorney may order that an inquest be conducted for the purpose of inquiring how the person died. The attorney general or district attorney shall appear in any such inquest representing the state in presenting all evidence which that may be relevant or material to the inquiry of the inquest. The inquest may be held in any county in this state in which venue would lie for the trial of any offense charged as the result of or involving the death. An inquest may only be ordered by the attorney general or district attorney under this subsection or by the circuit judge under sub. (2).

SB55-ASA1, s. 4034c Section 4034c. 979.04 (2) of the statutes is amended to read:

SB55-ASA1,1275,21 979.04 (2) If the coroner or medical examiner has knowledge of the death of any person in the manner described under sub. (1), he or she shall immediately notify the attorney general and district attorney. The notification shall include information concerning the circumstances surrounding the death. The coroner or medical examiner may request the attorney general and district attorney to order an inquest under sub. (1). If the attorney general and district attorney refuses refuse to order the inquest, a coroner or medical examiner may petition the circuit court to order an inquest. The court may issue the order if it finds that the attorney general or district attorney has abused his or her discretion in not ordering an inquest.

SB55-ASA1, s. 4034d Section 4034d. 979.04 (3) of the statutes is amended to read: