SB441-ASA1, s. 50 25Section 50. 978.05 (6) (a) of the statutes is amended to read:
SB441-ASA1,20,13
1978.05 (6) (a) Institute, commence or appear in all civil actions or special
2proceedings under and perform the duties set forth for the district attorney under ch.
3980 and
ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92
4(4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a),
5946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in
6connection with court proceedings in a court assigned to exercise jurisdiction under
7chs. 48 and 938 as the judge may request and perform all appropriate duties and
8appear if the district attorney is designated in specific statutes, including matters
9within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits
10the authority of the county board to designate, under s. 48.09 (5), that the corporation
11counsel provide representation as specified in s. 48.09 (5) or to designate, under s.
1248.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the
13interests of the public under s. 48.14 or 938.14.
SB441-ASA1, s. 51 14Section 51. 978.05 (8) (b) of the statutes is amended to read:
SB441-ASA1,20,2415 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to ss.
16978.043 (1) and 978.044, make appropriate assignments of the staff throughout the
17prosecutorial unit. The district attorney may request the assistance of district
18attorneys, deputy district attorneys, or assistant district attorneys from other
19prosecutorial units or assistant attorneys general who then may appear and assist
20in the investigation and prosecution of any matter for which a district attorney is
21responsible under this chapter in like manner as assistants in the prosecutorial unit
22and with the same authority as the district attorney in the unit in which the action
23is brought. Nothing in this paragraph limits the authority of counties to regulate the
24hiring, employment, and supervision of county employees.
SB441-ASA1, s. 52 25Section 52. 978.13 (2) of the statutes is renumbered 978.13 (2) (b).
SB441-ASA1, s. 53
1Section 53. 978.13 (2) (a) of the statutes is created to read:
SB441-ASA1,21,52 978.13 (2) (a) In this subsection, "costs related to the operation of the district
3attorney's office" include costs that a prosecutorial unit must pay under s. 978.043
4(2) but do not include costs for which a prosecutorial unit receives reimbursement
5under s. 978.043 (2).
SB441-ASA1, s. 54 6Section 54. 980.01 (1) of the statutes is renumbered 980.01 (1m).
SB441-ASA1, s. 55 7Section 55. 980.01 (1g) of the statutes is created to read:
SB441-ASA1,21,98 980.01 (1g) "Act of sexual violence" means conduct that constitutes the
9commission of a sexually violent offense.
SB441-ASA1, s. 56 10Section 56. 980.01 (1m) of the statutes is created to read:
SB441-ASA1,21,1111 980.01 (1m) "Likely" means more likely than not.
SB441-ASA1, s. 57 12Section 57. 980.01 (5) of the statutes is amended to read:
SB441-ASA1,21,1513 980.01 (5) "Sexually motivated" means that one of the purposes for an act is
14for the actor's sexual arousal or gratification or for the sexual humiliation or
15degradation of the victim
.
SB441-ASA1, s. 58 16Section 58. 980.01 (6) (a) of the statutes is amended to read:
SB441-ASA1,21,1817 980.01 (6) (a) Any crime specified in s. 940.225 (1) or, (2), or (3), 948.02 (1) or
18(2), 948.025, 948.06, or 948.07.
SB441-ASA1, s. 59 19Section 59. 980.01 (6) (am) of the statutes is created to read:
SB441-ASA1,21,2120 980.01 (6) (am) An offense that, prior to June 2, 1994, was a crime under the
21law of this state and that is comparable to any crime specified in par. (a).
SB441-ASA1, s. 60 22Section 60. 980.01 (6) (b) of the statutes is amended to read:
SB441-ASA1,22,223 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06,
24940.19 (4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or, 941.32, 943.10, 943.32,

1or 948.03
that is determined, in a proceeding under s. 980.05 (3) (b), to have been
2sexually motivated.
SB441-ASA1, s. 61 3Section 61. 980.01 (6) (bm) of the statutes is created to read:
SB441-ASA1,22,64 980.01 (6) (bm) An offense that, prior to June 2, 1994, was a crime under the
5law of this state, that is comparable to any crime specified in par. (b) and that is
6determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.
SB441-ASA1, s. 62 7Section 62. 980.01 (6) (c) of the statutes is amended to read:
SB441-ASA1,22,98 980.01 (6) (c) Any solicitation, conspiracy, or attempt to commit a crime under
9par. (a) or, (am), (b), or (bm).
SB441-ASA1, s. 63 10Section 63. 980.01 (7) of the statutes is amended to read:
SB441-ASA1,22,1711 980.01 (7) "Sexually violent person" means a person who has been convicted
12of a sexually violent offense, has been adjudicated delinquent for a sexually violent
13offense, or has been found not guilty of or not responsible for a sexually violent
14offense by reason of insanity or mental disease, defect, or illness, and who is
15dangerous because he or she suffers from a mental disorder that makes it
16substantially probable likely that the person will engage in one or more acts of sexual
17violence.
SB441-ASA1, s. 64 18Section 64. 980.015 (1) of the statutes is renumbered 980.015 (1) (intro.) and
19amended to read:
SB441-ASA1,22,2020 980.015 (1) (intro.) In this section, "agency:
SB441-ASA1,22,22 21(a) "Agency with jurisdiction" means the agency with the authority or duty to
22release or discharge the person.
SB441-ASA1, s. 65 23Section 65. 980.015 (1) (b) of the statutes is created to read:
SB441-ASA1,23,524 980.015 (1) (b) "Continuous term of incarceration, any part of which was
25imposed for a sexually violent offense," includes confinement in a secured

1correctional facility, as defined in s. 938.02 (15m), or a secured child caring
2institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s.
3938.02 (15p), if the person was placed in the facility for being adjudicated delinquent
4under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually
5violent offense.
SB441-ASA1, s. 66 6Section 66. 980.015 (2) (intro.) of the statutes is amended to read:
SB441-ASA1,23,117 980.015 (2) (intro.) If an agency with jurisdiction has control or custody over
8a person who may meet the criteria for commitment as a sexually violent person, the
9agency with jurisdiction shall inform each appropriate district attorney and the
10department of justice regarding the person as soon as possible beginning 3 months
1190 days prior to the applicable date of the following:
SB441-ASA1, s. 67 12Section 67. 980.015 (2) (a) of the statutes is amended to read:
SB441-ASA1,23,1913 980.015 (2) (a) The anticipated discharge from a sentence, anticipated or
14release, on parole or, extended supervision, or anticipated release otherwise, from a
15sentence of
imprisonment of a person who has been convicted of or term of
16confinement in prison that was imposed for a conviction for
a sexually violent offense,
17from a continuous term of incarceration, any part of which was imposed for a sexually
18violent offense, or from a placement in a Type 1 prison under s. 301.048 (3) (a) 1., any
19part of which was imposed for a sexually violent offense
.
SB441-ASA1, s. 68 20Section 68. 980.015 (2) (b) of the statutes is amended to read:
SB441-ASA1,23,2521 980.015 (2) (b) The anticipated release from a secured correctional facility, as
22defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
23(15g), or a secured group home, as defined in s. 938.02 (15p), of a if the person was
24placed in the facility as a result of being
adjudicated delinquent under s. 48.34, 1993
25stats., or under
s. 938.183 or 938.34 on the basis of a sexually violent offense.
SB441-ASA1, s. 69
1Section 69. 980.015 (2) (c) of the statutes is amended to read:
SB441-ASA1,24,52 980.015 (2) (c) The anticipated release on conditional release under s. 971.17
3or the anticipated
termination of or discharge of a from a commitment order under
4s. 971.17, if the
person who has been found not guilty of a sexually violent offense by
5reason of mental disease or defect under s. 971.17.
SB441-ASA1, s. 70 6Section 70. 980.015 (2) (d) of the statutes is created to read:
SB441-ASA1,24,87 980.015 (2) (d) The anticipated release on parole or discharge of a person
8committed under ch. 975 for a sexually violent offense.
SB441-ASA1, s. 71 9Section 71. 980.015 (4) of the statutes is renumbered 980.14 (2) and amended
10to read:
SB441-ASA1,24,1311 980.14 (2) Any agency or officer, employee, or agent of an agency is immune
12from criminal or civil liability for any acts or omissions as the result of a good faith
13effort to comply with any provision of this section chapter.
SB441-ASA1, s. 72 14Section 72. 980.02 (1) (a) of the statutes is amended to read:
SB441-ASA1,24,1815 980.02 (1) (a) The department of justice at the request of the agency with
16jurisdiction, as defined in s. 980.015 (1), over the person. If the department of justice
17decides to file a petition under this paragraph, it shall file the petition before the date
18of the release or discharge of the person.
SB441-ASA1, s. 73 19Section 73. 980.02 (1) (b) 3. of the statutes is created to read:
SB441-ASA1,24,2320 980.02 (1) (b) 3. The county in which the person is in custody under a sentence,
21a placement to a secured correctional facility, as defined in s. 938.02 (15m), a secured
22child caring institution, as defined in s. 938.02 (15g), or a secured group home, as
23defined in s. 938.02 (15p), or a commitment order.
SB441-ASA1, s. 74 24Section 74. 980.02 (1m) of the statutes is created to read:
SB441-ASA1,25,2
1980.02 (1m) A petition filed under this section shall be filed before the person
2is released or discharged.
SB441-ASA1, s. 75 3Section 75. 980.02 (2) (ag) of the statutes is repealed.
SB441-ASA1, s. 76 4Section 76. 980.02 (2) (c) of the statutes is amended to read:
SB441-ASA1,25,75 980.02 (2) (c) The person is dangerous to others because the person's mental
6disorder creates a substantial probability makes it likely that he or she will engage
7in acts of sexual violence.
SB441-ASA1, s. 77 8Section 77. 980.02 (4) (intro.) of the statutes is amended to read:
SB441-ASA1,25,109 980.02 (4) (intro.) A petition under this section shall be filed in any one of the
10following:
SB441-ASA1, s. 78 11Section 78. 980.02 (6) of the statutes is created to read:
SB441-ASA1,25,1412 980.02 (6) A court assigned to exercise jurisdiction under chs. 48 and 938 does
13not have jurisdiction over a petition filed under this section alleging that a child is
14a sexually violent person.
SB441-ASA1, s. 79 15Section 79. 980.03 (2) (intro.) of the statutes is amended to read:
SB441-ASA1,25,1816 980.03 (2) (intro.)  Except as provided in ss. 980.09 (2) (a) 980.038 (2) and
17980.10 980.093 and without limitation by enumeration, at any hearing under this
18chapter, the person who is the subject of the petition has the right to:
SB441-ASA1, s. 80 19Section 80. 980.03 (3) of the statutes is amended to read:
SB441-ASA1,26,220 980.03 (3) The person who is the subject of the petition, the person's attorney,
21the department of justice or the district attorney may request that a trial under s.
22980.05 be to a jury of 12. A request for a jury trial shall be made as provided under
23s. 980.05 (2). Notwithstanding s. 980.05 (2), if the person, the person's attorney, the
24department of justice or the district attorney does not request a jury trial, the court
25may on its own motion require that the trial be to a jury of 12. The jury shall be

1selected as provided under s. 980.05 (2m)
. A verdict of a jury under this chapter is
2not valid unless it is unanimous.
SB441-ASA1, s. 81 3Section 81. 980.03 (4) of the statutes is renumbered 980.031 (3) and amended
4to read:
SB441-ASA1,26,175 980.031 (3) Whenever a person who is the subject of a petition filed under s.
6980.02 or who has been committed under s. 980.06 is required to submit to an
7examination of his or her mental condition under this chapter, he or she may retain
8experts or a licensed physician, licensed psychologist, or other mental health
9professional persons to perform an examination. If the person is indigent, the court
10shall, upon the person's request, appoint a qualified and available licensed
11physician, licensed psychologist, or other mental health professional to perform an
12examination of the person's mental condition and participate on the person's behalf
13in a trial or other proceeding under this chapter at which testimony is authorized.
14Upon the order of the circuit court, the county shall pay, as part of the costs of the
15action, the costs of a licensed physician, licensed psychologist, or other mental health
16professional appointed by a court under this subsection to perform an examination
17and participate in the trial or other proceeding on behalf of an indigent person.
SB441-ASA1,27,8 18(4) If the person a party retains a qualified expert or the court appoints a
19licensed physician, licensed psychologist, or other mental health
professional person
20of his or her own choice
to conduct an examination under this chapter of the person's
21mental condition
, the examiner shall have reasonable access to the person for the
22purpose of the examination, as well as to the person's past and present treatment
23records, as defined in s. 51.30 (1) (b), and patient health care records as provided
24under s. 146.82 (2) (c). If the person is indigent, the court shall, upon the person's
25request, appoint a qualified and available expert or professional person to perform

1an examination and participate in the trial or other proceeding on the person's
2behalf. Upon the order of the circuit court, the county shall pay, as part of the costs
3of the action, the costs of an expert or professional person appointed by a court under
4this subsection to perform an examination and participate in the trial or other
5proceeding on behalf of an indigent person. An expert
(cm), past and present juvenile
6records, as provided under ss. 48.396 (6), 48.78 (2) (e), 938.396 (10), and 938.78 (2)
7(e), and the person's past and present correctional records, including presentence
8investigation reports under s. 972.15 (6).
SB441-ASA1,27,17 9(5) A licensed physician, licensed psychologist, or other mental health
10professional person appointed to assist an indigent person who is subject to a petition
11who is expected to be called as a witness by one of the parties or by the court may not
12be subject to any order by the court for the sequestration of witnesses at any
13proceeding under this chapter. No licensed physician, licensed psychologist, or other
14mental health professional who is expected to be called as a witness by one of the
15parties or by the court may be permitted to testify at any proceeding under this
16chapter unless a written report of his or her examination has been submitted to the
17court and to both parties at least 10 days before the proceeding.
SB441-ASA1, s. 82 18Section 82. 980.03 (5) of the statutes is repealed.
SB441-ASA1, s. 83 19Section 83. 980.031 (title) of the statutes is created to read:
SB441-ASA1,27,20 20980.031 (title) Examinations.
SB441-ASA1, s. 84 21Section 84. 980.031 (1) and (2) of the statutes are created to read:
SB441-ASA1,27,2522 980.031 (1) If a person who is the subject of a petition filed under s. 980.02
23denies the facts alleged in the petition, the court may appoint at least one qualified
24licensed physician, licensed psychologist, or other mental health professional to
25conduct an examination of the person's mental condition and testify at trial.
SB441-ASA1,28,5
1(2) The state may retain a licensed physician, licensed psychologist, or other
2mental health professional to examine the mental condition of a person who is the
3subject of a petition under s. 980.02 or who has been committed under s. 980.06 and
4to testify at trial or at any other proceeding under this chapter at which testimony
5is authorized.
SB441-ASA1, s. 85 6Section 85. 980.034 of the statutes is created to read:
SB441-ASA1,28,13 7980.034 Change of place of trial or jury from another county. (1) The
8person who is the subject of a petition filed under s. 980.02 or who has been
9committed under this chapter may move for a change of the place of a jury trial under
10s. 980.05 on the ground that an impartial trial cannot be had in the county in which
11the trial is set to be held. The motion shall be made within 20 days after the
12completion or waiver of the probable cause hearing under s. 980.04 (2), whichever is
13applicable, except that it may be made after that time for cause.
SB441-ASA1,28,17 14(2) The motion shall be in writing and supported by affidavit which shall state
15evidentiary facts showing the nature of the prejudice alleged. The department of
16justice or the district attorney, whichever filed the petition under s. 980.02, may file
17counter-affidavits.
SB441-ASA1,28,23 18(3) If the court determines that there exists in the county where the action is
19pending such prejudice that a fair trial cannot be had, it shall, except as provided in
20sub. (4), order that the trial be held in any county where an impartial trial can be had.
21Only one change may be granted under this subsection. The judge who orders the
22change in the place of trial shall preside at the trial. Preliminary matters prior to
23trial may be conducted in either county at the discretion of the court.
SB441-ASA1,28,25 24(4) (a) Instead of changing the place of trial under sub. (3), the court may
25require the selection of a jury under par. (b) if all of the following apply:
SB441-ASA1,29,2
11. The court has decided to sequester the jurors after the commencement of the
2trial.
SB441-ASA1,29,33 2. There are grounds for changing the place of trial under sub. (1).
SB441-ASA1,29,54 3. The estimated costs to the county appear to be less using the procedure under
5this subsection than using the procedure for holding the trial in another county.
SB441-ASA1,29,106 (b) If the court decides to proceed under this subsection it shall follow the
7procedure under sub. (3) until the jury is chosen in the 2nd county. At that time, the
8proceedings shall return to the original county using the jurors selected in the 2nd
9county. The original county shall reimburse the 2nd county for all applicable costs
10under s. 814.22.
SB441-ASA1, s. 86 11Section 86. 980.036 of the statutes is created to read:
SB441-ASA1,29,12 12980.036 Discovery and inspection. (1) Definitions. In this section:
SB441-ASA1,29,1413 (a) "Person subject to this chapter" means a person who is subject to a petition
14filed under s. 980.02 or a person who has been committed under s. 980.06.
SB441-ASA1,29,1615 (b) "Prosecuting attorney" means an attorney representing the state in a
16proceeding under this chapter.
SB441-ASA1,29,23 17(2) What a prosecuting attorney must disclose to a person subject to this
18chapter.
Upon demand, a prosecuting attorney shall, within a reasonable time after
19the probable cause hearing and before a trial under s. 980.05 or other proceeding
20under s. 980.07 (7), 980.09 (2m), or 980.093 (3), disclose to a person subject to this
21chapter or the person's attorney, and permit the person or the person's attorney to
22inspect and copy or photograph, all of the following materials and information, if the
23material or information is within the possession, custody, or control of the state:
SB441-ASA1,30,224 (a) Any written or recorded statement made by the person concerning the
25allegations in the petition filed under s. 980.02 or concerning other matters at issue

1in the trial or proceeding and the names of witnesses to the person's written
2statements.
SB441-ASA1,30,53 (b) A written summary of all oral statements of the person that the prosecuting
4attorney plans to use in the course of the trial or proceeding and the names of
5witnesses to the person's oral statements.
SB441-ASA1,30,76 (c) Evidence obtained in the manner described under s. 968.31 (2) (b), if the
7prosecuting attorney intends to use the evidence at the trial or proceeding.
SB441-ASA1,30,88 (d) A copy of the person's criminal record.
SB441-ASA1,30,119 (e) A list of all witnesses, and their addresses, whom the prosecuting attorney
10intends to call at the trial or proceeding. This paragraph does not apply to rebuttal
11witnesses or witnesses called for impeachment only.
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