Amendment ASA1-SB55

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:

SB55-ASA1,1276,4 979.04 (3) Subsequent to receipt of notice of the death, the attorney general or district attorney may request the coroner or medical examiner to conduct a preliminary investigation and report back to the attorney general or district attorney. The attorney general or district attorney may determine the scope of the preliminary investigation. This subsection does not limit or prevent any other investigation into the death by any law enforcement agency with jurisdiction over the investigation.

SB55-ASA1, s. 4034f Section 4034f. 979.05 (2) of the statutes is amended to read:

SB55-ASA1,1276,22 979.05 (2) The inquest shall be conducted before a jury unless the attorney general, district attorney, coroner, or medical examiner requests that the inquest be conducted before only the judge or court commissioner only. If the inquest is to be conducted before a jury, a sufficient number of names of prospective jurors shall be selected from the prospective juror list for the county in which the inquest is to be held by the clerk of circuit court in the manner provided in s. 756.06. The judge or court commissioner conducting the inquest shall summon the prospective jurors to appear before the judge or court commissioner at the time fixed in the summons. The summons may be served by mail, or by personal service if the judge, court commissioner, attorney general, or district attorney determines personal service to be appropriate. The summons shall be in the form used to summon petit jurors in the circuit courts of the county. Any person who fails to appear when summoned as an inquest juror is subject to a forfeiture of not more than $40. The inquest jury shall consist of 6 jurors. If 6 jurors do not remain from the number originally summoned after establishment of qualifications, the judge or court commissioner conducting the inquest may require the clerk of the circuit court to select sufficient additional jurors' names. Those persons shall be summoned forthwith by the sheriff of the county.

SB55-ASA1, s. 4034g Section 4034g. 979.05 (3) of the statutes is amended to read:

SB55-ASA1,1277,12 979.05 (3) The judge or court commissioner shall examine on oath or affirmation each person who is called as a juror to discover whether the juror is related by blood, marriage, or adoption to the decedent, any member of the decedent's family, the attorney general, district attorney, any other attorney appearing in the case, or any members of the office of the attorney general, district attorney, or of the office of any other attorney appearing in the case,; has expressed or formed any opinion regarding the matters being inquired into in of the inquest; or is aware of or has any bias or prejudice concerning the matters being inquired into in of the inquest. If any prospective juror is found to be not indifferent or is found to have formed an opinion which that cannot be laid aside, that juror shall be excused. The judge or court commissioner may select one or more alternate jurors if the inquest is likely to be protracted. This subsection does not limit the right of the attorney general or district attorney to supplement the judge's or court commissioner's examination of any prospective jurors as to qualifications.

SB55-ASA1, s. 4034h Section 4034h. 979.05 (5) of the statutes is amended to read:

SB55-ASA1,1277,20 979.05 (5) Prior to the submission of evidence to the jury, the judge or court commissioner may instruct the jury on its duties and on the substantive law regarding the issues which may be inquired into before the jury. The attorney general or district attorney may, at any time during the course of the inquest, make statements to the jury relating to procedural or evidentiary matters that he or she and the judge or court commissioner deem appropriate. Section 972.12 applies to the conduct of the inquest jury.

SB55-ASA1, s. 4034j Section 4034j. 979.05 (6) of the statutes is amended to read:

SB55-ASA1,1277,24 979.05 (6) The judge or court commissioner conducting the inquest may order that proceedings be secret if the attorney general or district attorney so requests or concurs.

SB55-ASA1, s. 4034m Section 4034m. 979.06 (1) of the statutes is amended to read:

SB55-ASA1,1278,6 979.06 (1) The judge or court commissioner may issue subpoenas for witnesses at the request of the coroner or medical examiner and shall issue subpoenas for witnesses requested by the attorney general or district attorney. Subpoenas are returnable at the time and place stated therein. Persons who are served with a subpoena may be compelled to attend proceedings in the manner provided in s. 885.12.

SB55-ASA1, s. 4034n Section 4034n. 979.06 (2) of the statutes is amended to read:

SB55-ASA1,1278,15 979.06 (2) The judge or court commissioner conducting the inquest and the attorney general or district attorney may require by subpoena the attendance of one or more expert witnesses, including physicians, surgeons, and pathologists, for the purposes of conducting an examination of the body and all relevant and material scientific and medical tests connected with the examination and testifying as to the results of the examination and tests. The expert witnesses so subpoenaed shall receive reasonable fees determined by the attorney general or district attorney and the judge or court commissioner conducting the inquest.

SB55-ASA1, s. 4034p Section 4034p. 979.07 (1) (a) of the statutes is amended to read:

SB55-ASA1,1279,2 979.07 (1) (a) If a person refuses to testify or to produce books, papers, or documents when required to do so before an inquest for the reason that the testimony or evidence required of the person may tend to incriminate him or her or subject him or her to a forfeiture or penalty, the person may be compelled to testify or produce the evidence by order of the circuit court of the county in which the inquest is convened on motion of the attorney general or district attorney. A person who testifies or produces evidence in obedience to the command of the court in that case is not subject to any forfeiture or penalty for or on account of testifying or producing evidence, except the person is subject to prosecution and punishment for perjury or false swearing committed in so testifying.

SB55-ASA1, s. 4034r Section 4034r. 979.08 (1) of the statutes is amended to read:

SB55-ASA1,1279,12 979.08 (1) When the evidence is concluded and the testimony closed, the judge or court commissioner shall instruct the jury on its duties and on the substantive law regarding the issues inquired into before the jury. The attorney general or district attorney shall prepare a written set of appropriate requested instructions and shall submit them to the judge or court commissioner who, together with the attorney general or district attorney, shall compile the final set of instructions which that shall be given. The instructions shall include those criminal offenses for which the judge or court commissioner believes a reasonable jury might return a verdict based upon a finding of probable cause.

SB55-ASA1, s. 4034t Section 4034t. 979.08 (5) of the statutes is amended to read:

SB55-ASA1,1279,16 979.08 (5) The verdict delivered by the inquest jury is advisory and does not preclude or require the issuance of any criminal charges by the attorney general or district attorney.

SB55-ASA1, s. 4034u Section 4034u. 979.08 (6) of the statutes is amended to read:

SB55-ASA1,1279,23 979.08 (6) Any verdict so rendered, after being validated and signed by the judge or court commissioner, together with the record of the inquest, shall be delivered to the attorney general or district attorney for consideration. After considering the verdict and record, the attorney general or district attorney may deliver the entire inquest record or any part thereof to the coroner or medical examiner for safekeeping.

SB55-ASA1, s. 4034v Section 4034v. 979.09 of the statutes is amended to read:

SB55-ASA1,1280,12 979.09 Burial of body. If any judge or court commissioner conducts an inquest as to the death of a stranger or of a person whose identity is unknown or whose body is unclaimed, or if the attorney general or district attorney determines that no inquest into the death of such a person is necessary and the circuit judge has not ordered an inquest under s. 979.04 (2), the coroner or medical examiner shall cause the body to be decently buried or cremated and shall certify to all the charges incurred in taking any inquest by him or her and to the expenses of burial or cremation of the dead body. The If the district attorney or circuit court ordered the inquest, charges and expenses shall be audited by the county board of the proper county and paid out of the county treasury. If the attorney general ordered the inquest, charges and expenses, except as provided under s. 979.11, shall be audited and paid by the department of justice.

SB55-ASA1, s. 4034w Section 4034w. 979.10 (2) of the statutes is amended to read:

SB55-ASA1,1280,24 979.10 (2) If a corpse is to be cremated, the coroner or medical examiner shall make a careful personal inquiry into the cause and manner of death, and conduct an autopsy or order the conducting of an autopsy, if in his or her or the attorney general's or district attorney's opinion it is necessary to determine the cause and manner of death. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary he or she shall certify that fact. Upon written request by the attorney general or district attorney the coroner or medical examiner shall obtain the concurrence of the attorney general or district attorney before issuing the certification. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the attorney general and district attorney under s. 979.04 (2).

SB55-ASA1, s. 4034y Section 4034y. 979.11 of the statutes is amended to read:

SB55-ASA1,1281,9 979.11 Compensation of officers. The sole compensation of the coroner and deputy coroners for attendance at an inquest and for any preliminary investigation under this chapter at the direction of the attorney general or district attorney shall be a reasonable sum set by the county board for each day actually and necessarily required for the purpose, and a sum set by the county board for each mile actually and necessarily traveled in performing the duty. Any coroner or deputy coroner may be paid an annual salary and allowance for traveling expenses to be established by the county board under s. 59.22 which shall be in lieu of all fees, per diem and compensation for services rendered.

SB55-ASA1, s. 4034ym Section 4034ym. 980.08 (5m) of the statutes is created to read:

SB55-ASA1,1281,11 980.08 (5m) (a) In this subsection:

SB55-ASA1,1281,13 1. "Building complex" means a group of contiguous buildings under common ownership.

SB55-ASA1,1281,15 2. "Sex offender registrant" means a person on probation, parole, or extended supervision who is required to register as a sex offender under s. 301.45.

SB55-ASA1,1281,22 (b) The department or a county may not place a person who is on supervised release in a residential building or building complex that is within 2,500 feet of another residential building or building complex in which a sex offender registrant or another person on supervised release is placed. This subsection does not prohibit the department or county from placing a person who is on supervised release in the same residential building or building complex in which a sex offender registrant or another person on supervised release is placed.

SB55-ASA1, s. 4034z Section 4034z. 992.14 of the statutes is created to read:

SB55-ASA1,1282,6 992.14 Revenue limit agreement. Notwithstanding s. 121.91, if a school district held a referendum before February 5, 2001, to exceed its revenue limit under s. 121.91 (2m) (e), and the resolution adopted by the school board and referred to in the question submitted to the electors specified a mill rate to be used to calculate the revenue limit increase, the amount by which the school district's revenue limit is increased as a result of the referendum for each year specified in the referendum is the dollar amount agreed to by the department of public instruction and the school board of that school district.