SB82-SSA1,513
14Section
513. 968.38 of the statutes is renumbered 968.725, and 968.725 (2)
15(intro.), (2m) (intro.), (3) (d), (4) (intro.) and (5) (intro.), as renumbered, are amended
16to read:
SB82-SSA1,151,2317
968.725
(2) (intro.) In a criminal action under s. 940.225, 948.02, 948.025,
18948.05, 948.06, 948.085, or 948.095, if all of the following apply, the district attorney
19shall apply to the
circuit court for his or her county to order the defendant to submit
20to an HIV test and to a test or a series of tests to detect the presence of a sexually
21transmitted disease, each of which tests shall be administered by a health care
22professional, and to disclose the results of the test or tests as specified in sub. (4) (a)
23to (c):
SB82-SSA1,152,3
24(2m) (intro.) In a criminal action under s. 946.43 (2m), the district attorney
25shall apply to the
circuit court for his or her county for an order requiring the
1defendant to submit to a test or a series of tests administered by a health care
2professional to detect the presence of communicable diseases and to disclose the
3results of the test or tests as specified in sub. (5) (a) to (c), if all of the following apply:
SB82-SSA1,152,6
4(3) (d) If the court has determined that the defendant is not competent to
5proceed under s.
971.14 971.81 (4) and suspended the criminal proceedings, at any
6time after the determination that the defendant is not competent to proceed.
SB82-SSA1,152,23
7(4) (intro.) The court shall set a time for a hearing on the matter under sub. (2)
8during the preliminary examination, if sub. (3) (a) applies; after the defendant is
9bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after
10conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3)
11(c) applies; or, subject to s.
971.13 971.80 (4), after the determination that the
12defendant is not competent, if sub. (3) (d) applies. The court shall give the district
13attorney and the defendant notice of the hearing at least 72 hours prior to the
14hearing. The defendant may have counsel at the hearing, and counsel may examine
15and cross-examine witnesses. If the court finds probable cause to believe that the
16victim or alleged victim has had contact with body fluid of the defendant that
17constitutes a significant exposure, the court shall order the defendant to submit to
18an HIV test and to a test or a series of tests to detect the presence of a sexually
19transmitted disease. The test shall be performed by a health care professional. The
20court shall require the health care professional who performs the test to disclose the
21test results to the defendant, to refrain from making the test results part of the
22defendant's permanent medical record, and to disclose the results of the test to any
23of the following:
SB82-SSA1,153,18
24(5) (intro.) The court shall set a time for a hearing on the matter under sub. (2m)
25during the preliminary examination, if sub. (3) (a) applies; after the defendant is
1bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after
2conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3)
3(c) applies; or, subject to s.
971.13 971.80 (4), after the determination that the
4defendant is not competent, if sub. (3) (d) applies. The court shall give the district
5attorney and the defendant notice of the hearing at least 72 hours prior to the
6hearing. The defendant may have counsel at the hearing, and counsel may examine
7and cross-examine witnesses. If the court finds probable cause to believe that the
8act or alleged act of the defendant that constitutes a violation of s. 946.43 (2m) carried
9a potential for transmitting a communicable disease to the victim or alleged victim
10and involved the defendant's blood, semen, vomit, saliva, urine or feces or other
11bodily substance of the defendant, the court shall order the defendant to submit to
12a test or a series of tests administered by a health care professional to detect the
13presence of any communicable disease that was potentially transmitted by the act
14or alleged act of the defendant. The court shall require the health care professional
15who performs the test to disclose the test results to the defendant. The court shall
16require the health care professional who performs the test to refrain from making the
17test results part of the defendant's permanent medical record and to disclose the
18results of the test to any of the following:
SB82-SSA1,514
19Section
514. 968.40 (title) of the statutes is renumbered 968.155 (title) and
20amended to read:
SB82-SSA1,153,21
21968.155 (title)
Grand
Convening a grand jury; duration.
SB82-SSA1,515
22Section
515. 968.40 (1) of the statutes is renumbered 968.155 (1) and amended
23to read:
SB82-SSA1,154,324
968.155
(1) Selection of prospective grand jury list
jurors. Any judge may,
25in writing, order the clerk
of circuit court to
select compile a grand jury list within
1a specified reasonable time. The clerk shall select from the prospective juror list for
2the county the names of not fewer than
75 35 nor more than 150 persons to constitute
3the prospective grand juror list. The list shall be kept secret.
SB82-SSA1,516
4Section
516. 968.40 (3) of the statutes is renumbered 968.155 (2) and amended
5to read:
SB82-SSA1,154,116
968.155
(2) Examination of prospective grand jurors. At the time set for 7When the prospective grand jurors
to appear, the judge shall and the district
8attorney
or other prosecuting officer may examine
the prospective jurors them under
9oath or affirmation relative to their qualifications to serve as grand jurors
and the.
10The judge shall excuse those who are disqualified
, and may excuse others for any
11reason
which that seems proper to the judge.
SB82-SSA1,517
12Section
517. 968.40 (4) of the statutes is renumbered 968.155 (3) and amended
13to read:
SB82-SSA1,154,1714
968.155
(3) Additional grand jurors. If
, after
such the examination
described
15in sub. (2), fewer than 17 grand jurors remain, additional prospective
grand jurors
16shall be selected, summoned and examined until there are at least 17 qualified
grand 17jurors on the grand jury.
SB82-SSA1,518
18Section
518. 968.40 (6), (7) and (8) of the statutes are renumbered 968.155 (4),
19(5) and (6) and amended to read:
SB82-SSA1,154,2320
968.155
(4) Time grand jurors to serve. Grand The judge may discharge the
21grand jury at any time. Otherwise, grand jurors shall serve for a period of 31
22consecutive days unless more days are necessary to complete service in a particular
23proceeding.
The judge may discharge the grand jury at any time.
SB82-SSA1,154,25
24(5) Orders filed with clerk. All orders
mentioned in under this section shall
25be filed with the clerk
of court.
SB82-SSA1,155,6
1(6) Intercounty racketeering and crime. When a grand jury is convened
2pursuant to under this section to investigate unlawful activity under s. 165.70, and
3such the activity involves more than one county, including the county where the
4petition for such grand jury is filed, then if the attorney general approves, all
5expenses of such proceeding shall be charged to the appropriation under s. 20.455 (1)
6(d).
SB82-SSA1,519
7Section
519. 968.41 of the statutes is renumbered 968.165 and amended to
8read:
SB82-SSA1,155,15
9968.165 Oath or affirmation of grand jurors. Grand jurors shall, before
10they begin
performance of their duties, solemnly swear or affirm that they will
11diligently inquire as to all matters and things
which that come before the grand jury;
12that they will keep all matters
which that come before the grand jury secret; that they
13will indict no person for envy, hatred
, or malice; that they will not leave any person
14unindicted for love, fear, favor, affection
, or hope of reward; and that they will indict
15truly, according to the best of their understanding.
SB82-SSA1,520
16Section
520. 968.42 of the statutes is renumbered 968.175 and amended to
17read:
SB82-SSA1,155,20
18968.175 Presiding juror and clerk. The grand jury shall select from their
19number a presiding juror and a clerk. The clerk
of the grand jury shall preserve the
20minutes of the proceedings before
them the grand jury and all exhibits.
SB82-SSA1,521
21Section
521. 968.43 of the statutes is renumbered 968.185 and amended to
22read:
SB82-SSA1,156,2
23968.185 Reporter; oath; salary; assistant. (1) Every grand jury shall
, when
24ordered by the judge ordering
such the grand jury, employ one or more reporters to
1attend
their its sessions and to
make record and transcribe
a verbatim
record of all
2proceedings had before
them it.
SB82-SSA1,156,12
3(2) Before assuming the duties under this section, each reporter shall make
4and file an oath or affirmation
faithfully to record and transcribe
faithfully all of the
5proceedings before the grand jury and to keep secret the matters
relative related to
6the proceedings. Each reporter shall be paid out of the county treasury of the county
7in which the service is rendered
such a sum for compensation and expenses
as shall
8be audited and allowed as reasonable by the court ordering the grand jury. Each
9reporter may employ on his or her own account a person to transcribe the testimony
10and proceedings of the grand jury, but before entering upon the duties under this
11subsection, the person shall be required to make and file an oath or affirmation
12similar to that required of each reporter.
SB82-SSA1,156,14
13(3) Any Except as provided in s. 968.295, any person who violates an oath or
14affirmation required by sub. (2) is guilty of a Class H felony.
SB82-SSA1,522
15Section
522. 968.44 of the statutes is renumbered 968.195 and amended to
16read:
SB82-SSA1,156,24
17968.195 Witnesses
Oaths to witnesses. The presiding juror of every grand
18jury and the district attorney
or other prosecuting officer who is before the grand jury
19may administer all oaths and affirmations in the manner prescribed by law to
20witnesses who appear before the
grand jury for the purpose of testifying in any
21matter of which the witnesses have cognizance. At the request of the court, the
22presiding juror shall return to the court a list, under his or her hand, of all witnesses
23who are sworn before the grand jury. That list shall be filed by the clerk
of circuit 24court.
SB82-SSA1,523
1Section
523. 968.45 (title) of the statutes is renumbered 968.203 (title) and
2amended to read:
SB82-SSA1,157,3
3968.203 (title)
Witness rights Counsel for witnesses; transcripts.
SB82-SSA1,524
4Section
524. 968.45 (1) of the statutes is renumbered 968.203 (1) (a) and
5amended to read:
SB82-SSA1,157,96
968.203
(1) (a) Any witness appearing before a grand jury may have counsel
7present, but the counsel shall not be allowed to examine his or her client,
8cross-examine other witnesses
, or argue before the judge. Counsel may consult with
9his or her client while before a grand jury.
If the prosecuting officer,
SB82-SSA1,157,15
10(b) A district attorney, an attorney for a witness
, or a grand juror
who believes
11that a conflict of interest exists for an attorney
or attorneys to represent more than
12one witness before a grand jury
, the person so believing may make a motion before
13the presiding judge to disqualify the attorney from representing more than one
14witness before the grand jury.
A The court shall hold a hearing
shall be held upon
15notice with the burden
upon on the moving party to establish the conflict.
SB82-SSA1,525
16Section
525. 968.45 (2) of the statutes is renumbered 968.203 (2) and amended
17to read:
SB82-SSA1,157,2118
968.203
(2) No grand jury transcript may be made public until the trial of
19anyone a person indicted by the grand jury
, and then only that portion of the
20transcript that is relevant and material to the case at hand
may be made public. This
21subsection does not limit the defendant's rights to discovery under s.
971.23 971.43.
SB82-SSA1,526
22Section
526. Subchapter V (title) of chapter 968 [precedes 968.455] of the
23statutes is created to read:
SB82-SSA1,158,2
1subchapter V
2
search and seizure
SB82-SSA1,527
3Section
527. 968.46 of the statutes is renumbered 968.215 and amended to
4read:
SB82-SSA1,158,10
5968.215 Secrecy of motions. Notwithstanding s. 757.14, all motions,
6including but not limited to those for immunity or a privilege, brought by a
7prosecuting officer district attorney or witness appearing before a grand jury shall
8be made, heard
, and decided in complete secrecy and not in open court if the
9prosecuting officer or witness person bringing the motion or exercising the immunity
10or privilege so requests.
SB82-SSA1,528
11Section
528. Subchapter VI (title) of chapter 968 [precedes 968.465] of the
12statutes is created to read:
SB82-SSA1,158,1514
subchapter VI
15
search warrants
SB82-SSA1,529
16Section
529. 968.465 (5) of the statutes is created to read:
SB82-SSA1,158,2117
968.465
(5) Sealed warrant. A judge may order that a search warrant and
18supporting documents be held under seal for a specified period and may extend or
19reduce the period for good cause shown. The judge shall make the decision in his or
20her discretion, after balancing the reasons for secrecy against the defendant's and
21the public's right of access.
SB82-SSA1,530
22Section
530. 968.47 of the statutes is renumbered 968.225 and amended to
23read:
SB82-SSA1,159,4
24968.225 District
Duties of district attorney, when to attend. Whenever
25required by the grand jury
it shall be the duty of
, the district attorney of the county
1to shall attend
them grand jury proceedings for the purpose of examining witnesses
2in
their the presence
or of giving them of the grand jury, give the grand jury advice
3upon any legal matter, and
to issue subpoenas and other process to bring
up 4witnesses
before the grand jury.
SB82-SSA1,531
5Section
531. 968.475 (2) (a) of the statutes is created to read:
SB82-SSA1,159,66
968.475
(2) (a) Contraband.
SB82-SSA1,532
7Section
532. 968.475 (2) (e) of the statutes is created to read:
SB82-SSA1,159,88
968.475
(2) (e) A designated person.
SB82-SSA1,533
9Section
533. 968.475 (3) of the statutes is created to read:
SB82-SSA1,159,1210
968.475
(3) Section 968.705 applies to documents to be subpoenaed if the
11documents are under the control of a person not reasonably suspected to be
12concerned in the commission of a crime.
SB82-SSA1,534
13Section
534. 968.48 of the statutes is renumbered 968.235 and amended to
14read:
SB82-SSA1,159,24
15968.235 Attendance; absence; excuse Grand jury attendance; number
16required for grand jury session; number required to concur in and
17indictment. Each grand juror shall attend every session of the grand jury unless
18excused by the presiding juror. The presiding juror may excuse a grand juror from
19attending a grand jury session only for a reason which appears to the presiding juror
20in his or her discretion as good and sufficient cause for the
excuse juror's absence.
21No business may be transacted at any session of the grand jury
at which less if fewer 22than 14 members of the grand jury are in attendance
, and no
indictment may be
23found by any grand jury
may indict unless at least 12
of their number shall grand
24jurors concur in the indictment.
SB82-SSA1,535
25Section
535. 968.485 (title) of the statutes is created to read:
SB82-SSA1,160,1
1968.485 (title)
Execution of a search warrant.
SB82-SSA1,536
2Section
536. 968.49 of the statutes is renumbered 968.245 and amended to
3read:
SB82-SSA1,160,8
4968.245 Fine for nonattendance. Any person lawfully summoned to attend
5as a grand juror who fails to attend without
any sufficient excuse shall
pay a fine not
6exceeding be fined not more than $40, which
shall be imposed by the court to which
7the person was summoned
shall impose and
which shall be paid into the county
8treasury.
SB82-SSA1,537
9Section
537. 968.50 of the statutes is renumbered 968.252 and amended to
10read:
SB82-SSA1,160,13
11968.252 Report progress and return indictments. A grand jury may
12report progress and return indictments to the court from time to time during its
13session
and until discharged.
SB82-SSA1,538
14Section
538. 968.505 (title) of the statutes is renumbered 968.262 (title).
SB82-SSA1,539
15Section
539. 968.505 of the statutes is renumbered 968.262 (1) and amended
16to read:
SB82-SSA1,160,2017
968.262
(1) When the grand jury is discharged
, the clerk
of the grand jury shall
18collect all transcripts of testimony, minutes of proceedings, exhibits
, and other
19records of the grand jury
, and
, except as provided in sub. (2), shall deliver them as
20the jury directs either to the attorney general or to the district attorney
, or upon.
SB82-SSA1,160,23
21(2) Upon approval of the court
, the grand jury may direct its clerk to deliver
22them grand jury materials collected under sub. (1) to the clerk of the court
, who shall
23impound them subject to
the further
order or orders of the court.
SB82-SSA1,540
24Section
540. 968.51 of the statutes is renumbered 968.275 and amended to
25read:
SB82-SSA1,161,6
1968.275 Indictment not to be disclosed. No grand juror or officer of the
2court, if If the court
shall so
order, shall orders, no grand juror or officer of the court
3may disclose
the fact that any indictment for a felony has been found against that
4the grand jury has indicted any person not in custody or under recognizance,
5otherwise than by issuing or executing process on such indictment, until
such the 6person has been arrested.
SB82-SSA1,541
7Section
541. 968.52 of the statutes is renumbered 968.285 and amended to
8read:
SB82-SSA1,161,13
9968.285 Votes not to be disclosed. No grand juror may
be allowed to state
10or testify disclose in any court
in what manner how he or she or any other
member
11of the jury grand juror voted
or what opinion any grand juror expressed on any
12question before
them, or what opinion was expressed by any juror in relation to the
13question the grand jury.
SB82-SSA1,542
14Section
542. 968.53 of the statutes is renumbered 968.295 and amended to
15read:
SB82-SSA1,162,6
16968.295 When testimony may be disclosed. Members of the grand jury and
17any grand jury reporter may be required by any court Notwithstanding any oath or
18affirmation required under s. 968.165 or 968.185 (2), any court may require grand
19jurors and grand jury reporters to testify whether the testimony of a witness
20examined before the jury is consistent with or different from the evidence given by
21the witness before the court
; and they. Notwithstanding any oath or affirmation
22required under s. 968.165 or 968.185 (2), the court may
also be required require
23grand jurors and grand jury reporters also to disclose the testimony given before the
24grand jury by any person upon a complaint against the person for perjury
, or upon
25trial for the offense.
Any If the court receives in evidence any transcript of testimony
1taken before the grand jury
and certified by a , the grand jury
reporter to have 2reporter's certification that the transcript has been carefully compared by the
3reporter with his or her minutes of testimony
so taken and
to be is a true and correct
4transcript of all or a specified portion of the transcript
, may be received in evidence
5with shall have the same effect as the oral testimony of the reporter to the facts so
6certified, but the reporter may be cross-examined by any party as to the matter.
SB82-SSA1,543
7Section
543. 968.585 (4m) of the statutes is created to read:
SB82-SSA1,162,98
968.585
(4m) Any evidence obtained by a strip search in violation of sub. (2)
9or (3) is not admissible as evidence at trial.
SB82-SSA1,544
10Section
544. 968.585 (7) (cm) of the statutes is created to read:
SB82-SSA1,162,1111
968.585
(7) (cm) The person is committed under ch. 980.
SB82-SSA1,545
12Section
545. Subchapter VII (title) of chapter 968 [precedes 968.605] of the
13statutes is created to read:
SB82-SSA1,162,1615
subchapter VII
16
seized property
SB82-SSA1,546
17Section
546. Subchapter VIII (title) of chapter 968 [precedes 968.705] of the
18statutes is created to read:
SB82-SSA1,162,2120
subchapter VIII
21
Miscellaneous
SB82-SSA1,547
22Section
547. 968.705 (2), (3) and (6) of the statutes are created to read:
SB82-SSA1,162,2423
968.705
(2) (a) The subpoena shall designate that the responsive documents
24be provided to one of the following:
SB82-SSA1,163,2
11. The law enforcement agency or law enforcement officer named in the
2subpoena.
SB82-SSA1,163,43
2. The attorney general, the district attorney, the assistant attorney general,
4or the assistant district attorney, whichever requested the subpoena.
SB82-SSA1,163,55
3. The court.
SB82-SSA1,163,136
(b) If the documents are not returnable to the court, the person who requested
7the documents shall, within 5 days of receiving the responsive documents, make a
8return of the subpoena to the issuing court in the form of a written notice to the court
9that compliance with the subpoena has occurred and including a brief description of
10the nature and quantity of the documents received under the subpoena. The person
11designated in the subpoena to receive the documents shall maintain the original
12documents received and shall produce the documents, or any portion of the
13documents, to the court upon the court's order.
SB82-SSA1,163,23
14(3) A subpoena issued under sub. (1) shall be issued with all practicable secrecy
15and the request for the subpoena, any affidavit in support of the subpoena, any
16testimony in support of the request, and any other supporting documents may not
17be filed with the clerk or made public until the subpoena has been executed and
18returned to the court. The court that issued the subpoena may issue an order sealing
19the subpoena and the request for the subpoena, the affidavit in support of the
20subpoena, any testimony in support of the request, and any supporting documents
21upon which it is based. The court that issued the subpoena may issue an order
22prohibiting the person to which the subpoena is directed from disclosing the
23existence of the subpoena to any person other than the lawyer for the person.
SB82-SSA1,164,3
1(6) Documents seized by or delivered to a law enforcement agency or officer
2under a subpoena under this section are considered seized property for the purposes
3of ss. 968.615 and 968.625.