Current law
Current law provides for inquests into the cause of death of a person if there is
reason to believe from the circumstances surrounding the death that a homicide may
have been committed or that the death may have been due to suicide or unexplained
or suspicious circumstances. A district attorney may order an inquest if he or she
has been given notice of the death of a person under any of these circumstances, but

uses his or her discretion in deciding whether to do so. In addition, a coroner or
medical examiner who knows of the death of a person under any of these
circumstances may request the district attorney to order an inquest. If the district
attorney refuses to order the inquest, the coroner or medical examiner may petition
the circuit court to order an inquest, and the court may order an inquest if it finds
that the district attorney has abused his or her discretion in not ordering one.
An inquest is held before a jury of six persons unless the district attorney,
coroner, or medical examiner requests that the inquest be conducted before the court
without a jury. The judge or circuit court commissioner conducting the inquest may
order that proceedings be secret upon the request or with the approval of the district
attorney. The district attorney appears for the state and presents all evidence which
may be relevant or material to the inquiry of the inquest. However, the court may
appoint a special prosecutor under certain circumstances, such as when the district
attorney has a conflict of interest or when the district attorney is physically unable
to attend to his or her duties and there are no other prosecutors employed by the state
who can assist in handling the district attorney's duties.
At the request the district attorney, the court must issue subpoenas for
witnesses to appear at the inquest. The court may also subpoena witnesses at the
request of the coroner or medical examiner. In addition, the court and the district
attorney may subpoena expert witnesses, including physicians, surgeons, and
pathologists, for the purposes of examining the body, performing scientific and
medical tests connected with the examination, and testifying as to the results of the
examination and tests. Any witness examined at an inquest may have an attorney
present during the examination of that witness, but the attorney may not examine
or cross-examine his or her client, call or cross-examine other witnesses, or argue
before the court holding the inquest. If a person refuses to testify or provide evidence
before an inquest on the ground that the testimony or evidence may tend to
incriminate him or her, the court may, at the request of the district attorney, compel
the person to testify or produce evidence. A person who testifies or produces evidence
in response to the court's order is not subject to any forfeiture or penalty for testifying
or producing evidence, except for perjury or false swearing committed when
testifying.
When all of the evidence has been received, the court instructs the jury on its
duties and on the law regarding the issues in the inquest. If a reasonable jury might
find probable cause to believe that a crime was committed, the court must instruct
the jury regarding the elements of that crime. The jury then reaches a verdict on
whether the deceased died by natural causes, accident, suicide, or an act privileged
by law or whether the deceased died as the result of the commission of a crime. If
the jury determines that the death was the result of a crime, the verdict must also
indicate the specific crimes committed and the name of the person or persons, if
known, who committed the crimes. The verdict delivered by an inquest jury is
advisory and does not preclude or require the issuance of any criminal charges by the
district attorney.

Changes made by this bill
This bill changes how inquests are ordered and conducted in cases in which a
person has died as the result of an act of a law enforcement officer that occurs in a
county with a population of 500,000 or more. First, the bill eliminates the district
attorney's authority to call an inquest in such cases. Instead, the bill requires the
attorney general to call an inquest and to appear, or to appoint a special prosecutor
to appear, at an inquest in cases of that type. If the attorney general appears at an
inquest or appoints a special prosecutor to appear at an inquest in such a case, the
attorney general or the special prosecutor has the powers and duties that a district
attorney ordinarily has at an inquest. Second, under the bill, an inquest into a death
caused by a law enforcement officer in a county with a population of 500,000 or more
may not be held before the court alone but must be held before a jury of six or 12
persons. Third, the bill prohibits an inquest into a death caused by a law
enforcement officer in a county with a population of 500,000 or more from being
conducted in secret. Fourth, the bill allows certain relatives of a person whose death
was caused by a law enforcement officer in a county with a population of 500,000 or
more to be represented by an attorney at an inquest into the person's death. An
attorney representing a relative may ask the court to subpoena witnesses, including
expert witnesses, and upon the attorney's request the court must do so. The attorney
may also examine or cross-examine any witness at the inquest and argue before the
court.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB359-ASA1, s. 1 1Section 1. 20.455 (1) (a) of the statutes is amended to read:
AB359-ASA1,3,42 20.455 (1) (a) General program operations. The amounts in the schedule for
3general program operations, including s. 165.065, and for special prosecutors
4appointed under s. 979.05 (1m)
.
AB359-ASA1, s. 2 5Section 2. 758.19 (5) (a) 5. of the statutes is amended to read:
AB359-ASA1,3,96 758.19 (5) (a) 5. Fees for witnesses or expert witnesses subpoenaed by the court
7under s. 979.06 (1) and (2) at the request of the district attorney, attorney general
8coroner, or medical examiner under s. 979.06 (1) and (2), a special prosecutor
9appointed under s. 978.045, or an attorney for a relative of the decedent
.
AB359-ASA1, s. 3
1Section 3. 979.01 (1m) of the statutes is amended to read:
AB359-ASA1,4,52 979.01 (1m) The coroner or medical examiner receiving notification under sub.
3(1) or (1g) shall immediately notify the district attorney and, if there is any evidence
4that the person's death was caused by an act of a law enforcement officer that
5occurred in a county with a population of 500,000 or more, the attorney general
.
AB359-ASA1, s. 4 6Section 4. 979.025 (1) of the statutes is amended to read:
AB359-ASA1,4,157 979.025 (1) Inmate confined to an institution in this state. If an individual
8dies while he or she is in the legal custody of the department and confined to a
9correctional facility located in this state, the coroner or medical examiner of the
10county where the death occurred shall perform an autopsy on the deceased
11individual. If the coroner or medical examiner who performs the autopsy determines
12that the individual's death may have been the result of any of the situations that
13would permit the district attorney to order under which an inquest would be
14permitted or required
under s. 979.04 (1) or (1m), the coroner or medical examiner
15shall follow the procedures under s. 979.04 (2).
AB359-ASA1, s. 5 16Section 5. 979.04 (1) of the statutes is amended to read:
AB359-ASA1,5,517 979.04 (1) If Except as provided in sub. (1m), if the district attorney has notice
18of the death of any person and there is reason to believe from the circumstances
19surrounding the death that felony murder, first-degree or 2nd-degree intentional
20homicide, first-degree or 2nd-degree reckless homicide, homicide by negligent
21handling of dangerous weapon, explosives or fire, homicide by negligent operation
22of vehicle, homicide resulting from negligent control of a vicious animal or homicide
23by intoxicated user use of a vehicle or firearm may have been committed, or that
24death may have been due to suicide or unexplained or suspicious circumstances, the
25district attorney may order that an inquest be conducted for the purpose of inquiring

1how the person died. The district attorney shall appear in any such inquest
2representing the state in presenting all evidence which may be relevant or material
3to the inquiry of the inquest. The inquest may be held in any county in this state in
4which venue would lie for the trial of any offense charged as the result of or involving
5the death.
AB359-ASA1,5,8 6(4) An inquest may only be ordered by the district attorney under this
7subsection
sub. (1), by the attorney general under sub. (1m), or by the circuit judge
8under sub. (2) (a).
AB359-ASA1, s. 6 9Section 6. 979.04 (1m) of the statutes is created to read:
AB359-ASA1,5,1310 979.04 (1m) The attorney general shall order that an inquest be conducted for
11the purpose of inquiring how a person died if there is any evidence that the person's
12death was caused by an act of a law enforcement officer that occurred in a county with
13a population of 500,000 or more.
AB359-ASA1, s. 7 14Section 7. 979.04 (2) of the statutes is renumbered 979.04 (2) (a).
AB359-ASA1, s. 8 15Section 8. 979.04 (2) (b) of the statutes is created to read:
AB359-ASA1,5,1916 979.04 (2) (b) If the coroner or medical examiner has knowledge of the death
17of any person under the circumstances described under sub. (1m), he or she shall
18immediately notify the district attorney and the attorney general. The notification
19shall include information concerning the circumstances surrounding the death.
AB359-ASA1, s. 9 20Section 9. 979.04 (3) of the statutes is amended to read:
AB359-ASA1,6,321 979.04 (3) Subsequent to receipt of After receiving notice of the death, the
22district attorney or, in a case in which the attorney general believes that sub. (1m)
23applies, the attorney general
may request the coroner or medical examiner to
24conduct a preliminary investigation and report back to the district attorney
25requester. The district attorney or the attorney general may determine the scope of

1the preliminary investigation. This subsection does not limit or prevent any other
2investigation into the death by any law enforcement agency with jurisdiction over
3the investigation.
AB359-ASA1, s. 10 4Section 10. 979.05 (1) of the statutes is amended to read:
AB359-ASA1,6,75 979.05 (1) An inquest shall be conducted by a circuit judge or a circuit court
6commissioner. The inquest may be held in any county in this state in which venue
7would lie for the trial of any offense charged as the result of or involving the death.
AB359-ASA1, s. 11 8Section 11. 979.05 (1m) of the statutes is created to read:
AB359-ASA1,6,149 979.05 (1m) The district attorney shall appear in an inquest under s. 979.04
10(1) and shall represent the state in presenting all evidence which may be relevant
11or material to the inquiry of the inquest. The attorney general, or a special
12prosecutor appointed by the attorney general, shall appear in an inquest required
13under s. 979.04 (1m) and shall represent the state in presenting all evidence which
14may be relevant or material to the inquiry of the inquest.
AB359-ASA1, s. 12 15Section 12. 979.05 (1r) of the statutes is created to read:
AB359-ASA1,6,1816 979.05 (1r) (a) In this subsection, "relative" means a spouse, child, stepchild,
17parent, stepparent, grandparent, stepgrandparent, brother, stepbrother, sister, or
18stepsister.
AB359-ASA1,6,2419 (b) A relative of a decedent whose death is being investigated at an inquest
20under s. 979.04 (1m) may be represented by an attorney of his or her own choosing
21at the inquest proceedings. The relative's attorney may request the court to
22subpoena witnesses under s. 979.06 (1) and (2), examine and cross-examine any
23witness presenting evidence at the inquest, and argue before the judge or court
24commissioner holding the inquest.
AB359-ASA1, s. 13 25Section 13. 979.05 (2) of the statutes is amended to read:
AB359-ASA1,7,4
1979.05 (2) The An inquest under s. 979.04 (1) shall be conducted before a jury
2unless the district attorney, coroner, or medical examiner requests that the inquest
3be conducted before the judge or circuit court commissioner only. An inquest under
4s. 979.04 (1m) shall be conducted before a jury.
AB359-ASA1,7,15 5(2m) (a) If the inquest is to be conducted before a jury, a sufficient number of
6names of prospective jurors shall be selected from the prospective juror list for the
7county in which the inquest is to be held by the clerk of circuit court in the manner
8provided in s. 756.06. The judge or circuit court commissioner conducting the inquest
9shall summon the prospective jurors to appear before the judge or circuit court
10commissioner at the time fixed in the summons. The summons may be served by
11mail, or by personal service if the judge, or circuit court commissioner, or district the
12attorney representing the state at the inquest determines personal service to be
13appropriate. The summons shall be in the form used to summon petit jurors in the
14circuit courts of the county. Any person who fails to appear when summoned as an
15inquest juror is subject to a forfeiture of not more than $40.
AB359-ASA1,7,23 16(b) The inquest jury shall consist of 6 jurors except for an inquest under s.
17979.04 (1m), in which case the inquest jury shall consist of either 6 or 12 jurors, with
18the number specified by the attorney general when the inquest is called
. If 6 the
19requisite number of
jurors do does not remain from the number originally summoned
20after establishment of qualifications, the judge or circuit court commissioner
21conducting the inquest may require the clerk of the circuit court to select sufficient
22additional jurors' names. Those persons shall be summoned forthwith by the sheriff
23of the county.
AB359-ASA1, s. 14 24Section 14. 979.05 (3) of the statutes is amended to read:
AB359-ASA1,8,14
1979.05 (3) The judge or circuit court commissioner shall examine on oath or
2affirmation each person who is called as a juror to discover whether the juror is
3related by blood, marriage, or adoption to the decedent, any member of the decedent's
4family, the district attorney, any other attorney appearing in the case, or any
5members of the office of the district attorney or of the office of any other attorney
6appearing in the case, has expressed or formed any opinion regarding the matters
7being inquired into in the inquest, or is aware of or has any bias or prejudice
8concerning the matters being inquired into in the inquest. If any prospective juror
9is found to be not indifferent or is found to have formed an opinion which cannot be
10laid aside, that juror shall be excused. The judge or circuit commissioner may select
11one or more alternate jurors if the inquest is likely to be protracted. This subsection
12does not limit the right of the district attorney representing the state at the inquest
13to supplement the judge's or circuit commissioner's examination of any prospective
14jurors as to qualifications.
AB359-ASA1, s. 15 15Section 15. 979.05 (5) of the statutes is amended to read:
AB359-ASA1,8,2216 979.05 (5) Prior to the submission of evidence to the jury, the judge or circuit
17court commissioner may instruct the jury on its duties and on the substantive law
18regarding the issues which may be inquired into before the jury. The district attorney
19representing the state at the inquest may, at any time during the course of the
20inquest, make statements to the jury relating to procedural or evidentiary matters
21he or she and the judge or circuit court commissioner deem appropriate. Section
22972.12 applies to the conduct of the inquest jury.
AB359-ASA1, s. 16 23Section 16. 979.05 (6) of the statutes is amended to read:
AB359-ASA1,9,224 979.05 (6) The judge or circuit court commissioner conducting the an inquest
25under s. 979.04 (1) may order that proceedings be secret if the district attorney so

1requests or concurs. Proceedings of an inquest under s. 979.04 (1m) may not be
2conducted in secret.
AB359-ASA1, s. 17 3Section 17. 979.06 (1) of the statutes is amended to read:
AB359-ASA1,9,104 979.06 (1) The judge or circuit court commissioner may issue subpoenas for
5witnesses at the request of the coroner or medical examiner and shall issue
6subpoenas for witnesses requested by the district attorney representing the state at
7the inquest or, at an inquest under s. 979.04 (1m), an attorney representing a relative
8of the decedent
. Subpoenas are returnable at the time and place stated therein.
9Persons who are served with a subpoena may be compelled to attend proceedings in
10the manner provided in s. 885.12.
AB359-ASA1, s. 18 11Section 18. 979.06 (2) of the statutes is amended to read:
AB359-ASA1,9,2112 979.06 (2) The judge or circuit court commissioner conducting the inquest and,
13the district attorney representing the state at the inquest, and, at an inquest under
14s. 979.04 (1m), an attorney representing a relative of the decedent
may require by
15subpoena the attendance of one or more expert witnesses, including physicians,
16surgeons, and pathologists, for the purposes of conducting an examination of the
17body and all relevant and material scientific and medical tests connected with the
18examination and testifying as to the results of the examination and tests. The expert
19witnesses so subpoenaed shall receive reasonable fees determined by the district
20attorney, the attorney general, or the attorney representing a relative, whichever is
21applicable,
and the judge or circuit court commissioner conducting the inquest.
AB359-ASA1, s. 19 22Section 19. 979.07 (1) (a) of the statutes is amended to read:
AB359-ASA1,9,2523 979.07 (1) (a) If a person refuses to testify or to produce books, papers or
24documents when required to do so before an inquest for the reason that the testimony
25or evidence required of the person may tend to incriminate him or her or subject him

1or her to a forfeiture or penalty, the person may be compelled to testify or produce the
2evidence by order of the circuit court of the county in which the inquest is convened
3on motion of the district attorney attempting to obtain the testimony or evidence.
4A person who testifies or produces evidence in obedience to the command of the court
5in that case is not subject to any forfeiture or penalty for or on account of testifying
6or producing evidence, except the person is subject to prosecution and punishment
7for perjury or false swearing committed in so testifying.
AB359-ASA1, s. 20 8Section 20. 979.08 (1) of the statutes is amended to read:
AB359-ASA1,10,179 979.08 (1) When the evidence is concluded and the testimony closed, the judge
10or circuit court commissioner shall instruct the jury on its duties and on the
11substantive law regarding the issues inquired into before the jury. The district
12attorney representing the state at the inquest shall prepare a written set of
13appropriate requested instructions and shall submit them to the judge or circuit
14court commissioner who, together with the district that attorney, shall compile the
15final set of instructions which shall be given. The instructions shall include those
16criminal offenses for which the judge or circuit court commissioner believes a
17reasonable jury might return a verdict based upon a finding of probable cause.
AB359-ASA1, s. 21 18Section 21. 979.08 (5) of the statutes is amended to read:
AB359-ASA1,10,2119 979.08 (5) The verdict delivered by the inquest jury is advisory and does not
20preclude or require the issuance of any criminal charges by the district attorney or
21the attorney general
.
AB359-ASA1, s. 22 22Section 22. 979.08 (6) of the statutes is amended to read:
AB359-ASA1,11,323 979.08 (6) Any verdict so rendered, after being validated and signed by the
24judge or circuit court commissioner, together with the record of the inquest, shall be
25delivered to the district attorney representing the state at the inquest for

1consideration. After considering the verdict and record, the district attorney he or
2she
may deliver the entire inquest record or any part thereof to the coroner or medical
3examiner for safekeeping.
AB359-ASA1, s. 23 4Section 23. 979.09 of the statutes is amended to read:
AB359-ASA1,11,14 5979.09 Burial of body. If any judge or circuit court commissioner conducts
6an inquest as to the death of a stranger or of a person whose identity is unknown or
7whose body is unclaimed or if, in a case in which s. 979.04 (1m) does not apply, the
8district attorney determines that no inquest into the death of such a person is
9necessary and the circuit judge has not ordered an inquest under s. 979.04 (2) (a), the
10coroner or medical examiner shall cause the body to be decently buried or cremated
11and shall certify to all the charges incurred in taking any inquest by him or her and
12to the expenses of burial or cremation of the dead body. The charges and expenses
13shall be audited by the county board of the proper county and paid out of the county
14treasury.
AB359-ASA1, s. 24 15Section 24. 979.10 (2) of the statutes is amended to read:
AB359-ASA1,12,216 979.10 (2) If a corpse is to be cremated, the coroner or medical examiner shall
17make a careful personal inquiry into the cause and manner of death, and conduct an
18autopsy or order the conducting of an autopsy, if in his or her or the district attorney's
19opinion it is necessary to determine the cause and manner of death. If the coroner
20or medical examiner determines that no further examination or judicial inquiry is
21necessary he or she shall certify that fact. Upon written request by the district
22attorney the coroner or medical examiner shall obtain the concurrence of the district
23attorney before issuing the certification. If the coroner or medical examiner
24determines that further examination or judicial inquiry is necessary, he or she shall

1notify the district attorney under s. 979.04 (2) (a) or the district attorney and the
2attorney general under s. 979.04 (2) (b), whichever is applicable
.
AB359-ASA1, s. 25 3Section 25. 979.11 of the statutes is amended to read:
AB359-ASA1,12,12 4979.11 Compensation of officers. The sole compensation of the coroner and
5deputy coroners for attendance at an inquest and for any preliminary investigation
6under this chapter at the direction of the district attorney representing the state at
7the inquest
shall be a reasonable sum set by the county board for each day actually
8and necessarily required for the purpose, and a sum set by the county board for each
9mile actually and necessarily traveled in performing the duty. Any coroner or deputy
10coroner may be paid an annual salary and allowance for traveling expenses to be
11established by the county board under s. 59.22 which shall be in lieu of all fees, per
12diem and compensation for services rendered.
AB359-ASA1, s. 26 13Section 26. Initial applicability.
AB359-ASA1,12,1514 (1) This act first applies to deaths occurring, and to inquests conducted with
15respect to deaths occurring, on the effective date of this subsection.
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