SB82-SSA1,188,3
1971.028 (5) Conditions of release. The judge court shall admit the defendant
2to bail in accordance with
establish, modify, or continue the conditions of the
3defendant's release under
ch. 969.
SB82-SSA1,630 4Section 630. 970.02 (3) of the statutes is repealed.
SB82-SSA1,631 5Section 631. 970.02 (4) of the statutes is repealed.
SB82-SSA1,632 6Section 632. 970.02 (7) of the statutes is renumbered 971.028 (6) and amended
7to read:
SB82-SSA1,188,118 971.028 (6) Obtaining identification data. If the offense charged is one
9specified under s. 165.83 (2) (a), the judge court shall determine if the defendant's
10fingerprints, photographs and other identifying data have been taken and, if not, the
11judge court shall direct that this information be obtained.
SB82-SSA1,633 12Section 633. 970.02 (8) of the statutes, as affected by 2013 Wisconsin Act 214,
13is renumbered 971.028 (7) and amended to read:
SB82-SSA1,188,2314 971.028 (7) Obtaining biological specimen. If the offense charged is a violent
15crime, as defined in s. 165.84 (7) (ab), the judge court shall determine if a biological
16specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the
17judge court shall direct that a law enforcement agency or tribal law enforcement
18agency obtain a biological specimen from the defendant and submit it to the state
19crime laboratories as specified in rules promulgated by the department of justice
20under s. 165.76 (4). If the judge court requires the defendant to provide a specimen
21under this subsection or if a biological specimen has already been obtained from the
22defendant, the judge court shall inform the defendant that he or she may request
23expungement under s. 165.77 (4).
SB82-SSA1,634 24Section 634. 970.03 (title) of the statutes is renumbered 971.042 (title).
SB82-SSA1,635
1Section 635. 970.03 (1) of the statutes is renumbered 971.042 (1) and amended
2to read:
SB82-SSA1,189,83 971.042 (1) A preliminary examination is a hearing before a court for the
4purpose of determining if there is probable cause to believe a felony has been
5committed by the defendant. A preliminary examination may be held in conjunction
6with a bail revocation hearing under s. 969.08 (5) 969.51 (1) (b), but separate findings
7shall be made by the judge relating to the preliminary examination and to the bail
8revocation.
SB82-SSA1,636 9Section 636. 970.03 (2), (3), (4), (5) and (6) of the statutes are renumbered
10971.042 (2), (3), (4), (5) and (6).
SB82-SSA1,637 11Section 637 . 970.03 (7), (8) and (9) of the statutes are renumbered 971.042 (7)
12(a), (b) and (c) and amended to read:
SB82-SSA1,189,1413 971.042 (7) (a) If the court finds probable cause to believe that a felony has been
14committed by the defendant, it shall bind the defendant over for trial.
SB82-SSA1,189,1715 (b) If the court finds that it is probable that only a misdemeanor has been
16committed by the defendant, it shall amend the complaint to conform to the evidence.
17The action shall then proceed as though it had originated as a misdemeanor action.
SB82-SSA1,189,2018 (c) If the court does not find probable cause to believe that a crime has been
19committed by the defendant, it shall order the defendant discharged forthwith
20immediately.
SB82-SSA1,638 21Section 638. 970.03 (10), (12), (13) and (14) of the statutes are renumbered
22971.042 (8), (9), (10) and (11), and 971.042 (8) and (9) (a) 1., as renumbered, are
23amended to read:
SB82-SSA1,190,324 971.042 (8) In multiple count complaints, the court shall order dismissed any
25count for which it finds there is no probable cause. The facts arising out of any count

1ordered dismissed shall not be the basis for a count in any information filed pursuant
2to ch. 971. Section 970.04
under this chapter. Subsection (13) shall apply to any
3dismissed count.
SB82-SSA1,190,4 4(9) (a) 1. "Hospital" has the meaning designated given in s. 50.33 (2).
SB82-SSA1,639 5Section 639. 970.032 (title) of the statutes is repealed.
SB82-SSA1,640 6Section 640 . 970.032 (1) of the statutes is renumbered 971.75 (1) and amended
7to read:
SB82-SSA1,190,148 971.75 (1) Probable cause hearing. Notwithstanding s. 970.03 971.042, if a
9preliminary examination is held regarding a juvenile who is subject to the original
10jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall
11first conduct an evidentiary hearing to determine whether if there is probable cause
12to believe that the juvenile has committed the violation of which he or she is accused
13under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever
14is applicable.
SB82-SSA1,190,20 15(3) Findings at probable cause hearing. (a) If the court does not make that
16finding
find that there is probable cause to believe the juvenile committed the
17violation of which he or she is accused under the circumstances specified in s. 938.183
18(1) (a), (am), (ar), (b), or (c), whichever is applicable
, the court shall order that the
19juvenile be discharged, but proceedings may be brought regarding the juvenile under
20ch. 938.
SB82-SSA1,641 21Section 641 . 970.032 (2) (intro.) of the statutes is renumbered 971.75 (3) (b)
22and amended to read:
SB82-SSA1,191,323 971.75 (3) (b) If the court finds probable cause to believe that the juvenile has
24committed the violation of which he or she is accused under the circumstances
25specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), the court shall conduct a hearing

1under sub. (5) to
determine whether to retain jurisdiction or to transfer jurisdiction
2to the court assigned to exercise jurisdiction under chs. 48 and 938. The court may
3base its finding of probable cause in whole or in part on hearsay.
SB82-SSA1,191,6 4(5) Findings at retention hearing. The If the court finds probable cause under
5sub. (3) (b), it
shall retain jurisdiction unless the juvenile proves by a preponderance
6of the evidence all of the following:
SB82-SSA1,642 7Section 642. 970.032 (2) (a), (b) and (c) of the statutes are renumbered 971.75
8(5) (a), (b) and (c).
SB82-SSA1,643 9Section 643. 970.035 of the statutes is renumbered 971.046 and amended to
10read:
SB82-SSA1,191,21 11971.046 Preliminary examination; juvenile younger than 15 years old.
12Notwithstanding s. 970.03 971.042, if a preliminary examination under s. 970.03
13971.042 is held regarding a juvenile who was waived under s. 938.18 for a violation
14which is alleged to have occurred prior to his or her 15th birthday, the court may bind
15the juvenile over for trial only if there is probable cause to believe that a crime under
16s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41
17(1) has been committed or that a crime that would constitute a felony under chs. 939
18to 948 or 961 if committed by an adult has been committed at the request of or for
19the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make
20any of those findings, the court shall order that the juvenile be discharged but
21proceedings may be brought regarding the juvenile under ch. 938.
SB82-SSA1,644 22Section 644. 970.038 of the statutes is renumbered 971.043 and amended to
23read:
SB82-SSA1,192,3
1971.043 Preliminary examination; hearsay exception. (1)
2Notwithstanding s. 908.02, hearsay is admissible in a preliminary examination
3under ss. 970.03, 970.032, and 970.035 971.042, 971.75 (2), and 971.046.
SB82-SSA1,192,6 4(2) A court may base its finding of probable cause under s. 970.03 (7) or (8),
5970.032 (2), or 970.035
971.042 (7) (a) or (b), 971.75 (3), or 971.046 in whole or in part
6on hearsay admitted under sub. (1).
SB82-SSA1,645 7Section 645. 970.04 of the statutes is renumbered 971.044.
SB82-SSA1,646 8Section 646. 970.05 of the statutes is renumbered 971.045.
SB82-SSA1,647 9Section 647. Subchapter I (title) of chapter 970 [precedes 970.06] of the
10statutes is created to read:
SB82-SSA1,192,1111 chapter 970
SB82-SSA1,192,1312 subchapter i
13 general provisions
SB82-SSA1,648 14Section 648. 970.08 (2) of the statutes is created to read:
SB82-SSA1,192,1615 970.08 (2) A complaint is filed when the district attorney signs it and files it
16with the clerk of the court for the county where the crime was committed.
SB82-SSA1,649 17Section 649. 970.09 (2) of the statutes is created to read:
SB82-SSA1,192,2018 970.09 (2) The court may allow the district attorney to amend the complaint
19or information after the defendant enters a plea but within a reasonable time before
20trial if the amendment does not prejudice the defendant.
SB82-SSA1,650 21Section 650. 970.10 (title), (1) and (3) of the statutes are created to read:
SB82-SSA1,193,2 22970.10 (title) Dismissing the charge, complaint, or information. (1) If
23the district attorney moves to dismiss a criminal charge, complaint, or information,
24the trial court shall grant the motion unless the court finds that dismissal is contrary

1to the public interest. The motion may not be granted after jeopardy has attached
2without the consent of the defendant.
SB82-SSA1,193,4 3(3) Granting a motion to dismiss a complaint or information made under sub.
4(1) dismisses the action, and the clerk shall enter an order to that effect.
SB82-SSA1,651 5Section 651. 970.13 (3) of the statutes is created to read:
SB82-SSA1,193,76 970.13 (3) Relief from prejudicial joinder. Relief from prejudicial joinder
7may be sought under s. 971.68 (2).
SB82-SSA1,652 8Section 652. 970.14 (13) of the statutes is created to read:
SB82-SSA1,193,139 970.14 (13) In an action where the state asserts jurisdiction under s. 939.03 (1)
10(b) or (c) and where the place of trial cannot readily be determined under this section,
11the trial may be in the county where the defendant intended that the crime be
12committed, the county of residence of the intended victims, or, if neither of these
13applies, Dane County.
SB82-SSA1,653 14Section 653. 970.15 of the statutes is created to read:
SB82-SSA1,193,16 15970.15 Deferred and suspended prosecution agreements. (1)
16Definitions. In this section:
SB82-SSA1,193,1817 (a) "Deferred prosecution agreement" means an agreement under which a
18prosecutor does not file a criminal complaint but may do so in the future.
SB82-SSA1,193,2119 (b) "Suspended prosecution agreement" means an agreement under which
20further prosecution against a person is suspended after a prosecutor files a criminal
21complaint against the person.
SB82-SSA1,194,3 22(2) Deferred prosecution agreements. The same standards that apply to a
23district attorney's charging authority govern the district attorney's authority to
24enter into a deferred prosecution agreement. The deferred prosecution agreement
25may provide that entering into the agreement waives any subsequent claims

1concerning the statute of limitations for the charges that are the basis of the
2agreement. A deferred prosecution agreement is enforceable in the same manner as
3a plea agreement.
SB82-SSA1,194,10 4(3) Suspended prosecution agreements. The same standards that apply to a
5court's authority to schedule cases and grant continuances apply to a court's
6authority to suspend prosecution when the parties have reached a suspended
7prosecution agreement. The court's authority to suspend prosecution includes the
8authority to defer or delay the acceptance of a plea or to withhold entry of judgment.
9A suspended prosecution agreement is enforceable in the same manner as a plea
10agreement.
SB82-SSA1,194,16 11(4) Admissions and statements. Consent to, or participation in, a deferred
12prosecution agreement or a suspended prosecution agreement is not an admission
13of guilt and is not admissible in any trial relating to the charge to which the
14agreement pertains. No statement made by a person in connection with a deferred
15prosecution agreement or a suspended prosecution agreement is admissible in any
16trial relating to the charge to which the agreement pertains.
SB82-SSA1,194,21 17(5) Immunity. Any organization, agency, or individual acting in good faith for
18which or for whom a person is assigned to work pursuant to a deferred prosecution
19agreement or a suspended prosecution agreement has immunity from any civil
20liability in excess of $25,000 for acts or omissions by the person or affecting the
21person.
SB82-SSA1,654 22Section 654. Subchapter II (title) of chapter 970 [precedes 970.21] of the
23statutes is created to read:
SB82-SSA1,194,2424 chapter 970
SB82-SSA1,195,2
1subchapter iI
2 particular offenses
SB82-SSA1,655 3Section 655. Chapter 971 (title) of the statutes is repealed and recreated to
4read:
SB82-SSA1,195,55 chapter 971
SB82-SSA1,195,66 pretrial procedures
SB82-SSA1,656 7Section 656. 971.01 of the statutes is renumbered 971.051, and 971.051 (1),
8as renumbered, is amended to read:
SB82-SSA1,195,139 971.051 (1) The district attorney shall examine all facts and circumstances
10connected with any preliminary examination touching the commission of any crime
11if the defendant has been bound over for trial and, subject to s. 970.03 (10) 971.042
12(8)
, shall file an information according to the evidence on such examination
13subscribing his or her name thereto.
SB82-SSA1,657 14Section 657. Subchapter I (title) of chapter 971 [precedes 971.013] of the
15statutes is created to read:
SB82-SSA1,195,1616 chapter 971
SB82-SSA1,195,1717 Subchapter I
SB82-SSA1,195,1818 commencement of proceedings
SB82-SSA1,658 19Section 658. 971.015 (title) of the statutes is created to read:
SB82-SSA1,195,20 20971.015 (title) Initial court appearance.
SB82-SSA1,659 21Section 659. 971.015 (1) (title) of the statutes is created to read:
SB82-SSA1,195,2222 971.015 (1) (title) Persons in custody.
SB82-SSA1,660 23Section 660. 971.015 (1) (b) of the statutes is created to read:
SB82-SSA1,196,224 971.015 (1) (b) A person in custody outside the county in which the offense was
25alleged to have been committed shall have an initial appearance in the court for the

1county in which the offense was alleged to have been committed as soon as
2practicable. Conditions of release may be set under s. 969.33.
SB82-SSA1,661 3Section 661. 971.015 (2) of the statutes is created to read:
SB82-SSA1,196,64 971.015 (2) Persons not in custody. A person who is arrested and released or
5who is issued a citation is entitled to an initial appearance within a reasonable time
6after being arrested or cited.
SB82-SSA1,662 7Section 662. 971.015 (4) of the statutes is created to read:
SB82-SSA1,196,98 971.015 (4) Discovery before the initial appearance. The district attorney
9may provide discovery before the initial appearance.
SB82-SSA1,663 10Section 663. 971.02 of the statutes is renumbered 971.052, and 971.052 (1)
11and (2) (intro.), (a), (b) and (c), as renumbered, are amended to read:
SB82-SSA1,196,2012 971.052 (1) If the defendant is charged with a felony in any complaint,
13including a complaint issued under s. 968.26 968.105, or when the defendant has
14been returned to this state for prosecution through extradition proceedings under ch.
15976, or any indictment, no information or indictment shall be filed until the
16defendant has had a preliminary examination, unless the defendant waives such
17examination in writing or in open court or unless the defendant is a corporation or
18limited liability company. The omission of the preliminary examination shall not
19invalidate any information unless the defendant moves to dismiss prior to the entry
20of a plea.
SB82-SSA1,196,22 21(2) (intro.) Upon motion and for cause shown, the trial court may remand the
22case for a preliminary examination. "Cause" means all of the following:
SB82-SSA1,196,2323 (a) The preliminary examination was waived; and.
SB82-SSA1,196,2424 (b) Defendant did not have advice of counsel prior to such waiver ; and.
SB82-SSA1,196,2525 (c) Defendant denies that probable cause exists to hold him or her for trial; and.
SB82-SSA1,664
1Section 664. 971.027 of the statutes, as created by 2015 Supreme Court Order
214-04, is renumbered 971.0525.
SB82-SSA1,665 3Section 665. 971.028 (intro.) of the statutes is created to read:
SB82-SSA1,197,5 4971.028 Duties at the initial appearance. (intro.) All of the following shall
5occur at the initial appearance:
SB82-SSA1,666 6Section 666. 971.028 (1m) and (4) of the statutes are created to read:
SB82-SSA1,197,137 971.028 (1m) Probable cause determination. The court shall determine
8whether the facts alleged in the complaint establish probable cause to believe that
9the defendant committed the crime charged. In a misdemeanor case, if probable
10cause exists as to at least one count of the complaint, the court may set a date for
11further proceedings. Notwithstanding a finding of probable cause under this
12subsection, the defendant may move to dismiss a complaint or any count in a
13complaint based on lack of probable cause by filing a motion under s. 971.65.
SB82-SSA1,197,17 14(4) Request for and entry of plea. The court shall ask for the defendant's plea
15to the charges in the complaint. If the defendant stands mute or refuses to plead to
16any charge, the court shall direct the entry of a plea of not guilty on the defendant's
17behalf.
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