Amendment SSA1-SB82

SB82-SSA1,644 Section 644. 970.038 of the statutes is renumbered 971.043 and amended to read:

SB82-SSA1,192,3 971.043 Preliminary examination; hearsay exception. (1) Notwithstanding s. 908.02, hearsay is admissible in a preliminary examination under ss. 970.03, 970.032, and 970.035 971.042, 971.75 (2), and 971.046.

SB82-SSA1,192,6 (2) A court may base its finding of probable cause under s. 970.03 (7) or (8), 970.032 (2), or 970.035 971.042 (7) (a) or (b), 971.75 (3), or 971.046 in whole or in part on hearsay admitted under sub. (1).

SB82-SSA1,645 Section 645. 970.04 of the statutes is renumbered 971.044.

SB82-SSA1,646 Section 646. 970.05 of the statutes is renumbered 971.045.

SB82-SSA1,647 Section 647. Subchapter I (title) of chapter 970 [precedes 970.06] of the statutes is created to read:

SB82-SSA1,192,11 chapter 970

SB82-SSA1,192,13 subchapter i general provisions

SB82-SSA1,648 Section 648. 970.08 (2) of the statutes is created to read:

SB82-SSA1,192,16 970.08 (2) A complaint is filed when the district attorney signs it and files it with the clerk of the court for the county where the crime was committed.

SB82-SSA1,649 Section 649. 970.09 (2) of the statutes is created to read:

SB82-SSA1,192,20 970.09 (2) The court may allow the district attorney to amend the complaint or information after the defendant enters a plea but within a reasonable time before trial if the amendment does not prejudice the defendant.

SB82-SSA1,650 Section 650. 970.10 (title), (1) and (3) of the statutes are created to read:

SB82-SSA1,193,2 970.10 (title) Dismissing the charge, complaint, or information. (1) If the district attorney moves to dismiss a criminal charge, complaint, or information, the trial court shall grant the motion unless the court finds that dismissal is contrary to the public interest. The motion may not be granted after jeopardy has attached without the consent of the defendant.

SB82-SSA1,193,4 (3) Granting a motion to dismiss a complaint or information made under sub. (1) dismisses the action, and the clerk shall enter an order to that effect.

SB82-SSA1,651 Section 651. 970.13 (3) of the statutes is created to read:

SB82-SSA1,193,7 970.13 (3) Relief from prejudicial joinder. Relief from prejudicial joinder may be sought under s. 971.68 (2).

SB82-SSA1,652 Section 652. 970.14 (13) of the statutes is created to read:

SB82-SSA1,193,13 970.14 (13) In an action where the state asserts jurisdiction under s. 939.03 (1) (b) or (c) and where the place of trial cannot readily be determined under this section, the trial may be in the county where the defendant intended that the crime be committed, the county of residence of the intended victims, or, if neither of these applies, Dane County.

SB82-SSA1,653 Section 653. 970.15 of the statutes is created to read:

SB82-SSA1,193,16 970.15 Deferred and suspended prosecution agreements. (1) Definitions. In this section:

SB82-SSA1,193,18 (a) "Deferred prosecution agreement" means an agreement under which a prosecutor does not file a criminal complaint but may do so in the future.

SB82-SSA1,193,21 (b) "Suspended prosecution agreement" means an agreement under which further prosecution against a person is suspended after a prosecutor files a criminal complaint against the person.

SB82-SSA1,194,3 (2) Deferred prosecution agreements. The same standards that apply to a district attorney's charging authority govern the district attorney's authority to enter into a deferred prosecution agreement. The deferred prosecution agreement may provide that entering into the agreement waives any subsequent claims concerning the statute of limitations for the charges that are the basis of the agreement. A deferred prosecution agreement is enforceable in the same manner as a plea agreement.

SB82-SSA1,194,10 (3) Suspended prosecution agreements. The same standards that apply to a court's authority to schedule cases and grant continuances apply to a court's authority to suspend prosecution when the parties have reached a suspended prosecution agreement. The court's authority to suspend prosecution includes the authority to defer or delay the acceptance of a plea or to withhold entry of judgment. A suspended prosecution agreement is enforceable in the same manner as a plea agreement.

SB82-SSA1,194,16 (4) Admissions and statements. Consent to, or participation in, a deferred prosecution agreement or a suspended prosecution agreement is not an admission of guilt and is not admissible in any trial relating to the charge to which the agreement pertains. No statement made by a person in connection with a deferred prosecution agreement or a suspended prosecution agreement is admissible in any trial relating to the charge to which the agreement pertains.

SB82-SSA1,194,21 (5) Immunity. Any organization, agency, or individual acting in good faith for which or for whom a person is assigned to work pursuant to a deferred prosecution agreement or a suspended prosecution agreement has immunity from any civil liability in excess of $25,000 for acts or omissions by the person or affecting the person.

SB82-SSA1,654 Section 654. Subchapter II (title) of chapter 970 [precedes 970.21] of the statutes is created to read:

SB82-SSA1,194,24 chapter 970

SB82-SSA1,195,2 subchapter iI particular offenses

SB82-SSA1,655 Section 655. Chapter 971 (title) of the statutes is repealed and recreated to read:

SB82-SSA1,195,5 chapter 971

SB82-SSA1,195,6 pretrial procedures

SB82-SSA1,656 Section 656. 971.01 of the statutes is renumbered 971.051, and 971.051 (1), as renumbered, is amended to read:

SB82-SSA1,195,13 971.051 (1) The district attorney shall examine all facts and circumstances connected with any preliminary examination touching the commission of any crime if the defendant has been bound over for trial and, subject to s. 970.03 (10) 971.042 (8), shall file an information according to the evidence on such examination subscribing his or her name thereto.

SB82-SSA1,657 Section 657. Subchapter I (title) of chapter 971 [precedes 971.013] of the statutes is created to read:

SB82-SSA1,195,16 chapter 971

SB82-SSA1,195,17 Subchapter I

SB82-SSA1,195,18 commencement of proceedings

SB82-SSA1,658 Section 658. 971.015 (title) of the statutes is created to read:

SB82-SSA1,195,20 971.015 (title) Initial court appearance.

SB82-SSA1,659 Section 659. 971.015 (1) (title) of the statutes is created to read:

SB82-SSA1,195,22 971.015 (1) (title) Persons in custody.

SB82-SSA1,660 Section 660. 971.015 (1) (b) of the statutes is created to read:

SB82-SSA1,196,2 971.015 (1) (b) A person in custody outside the county in which the offense was alleged to have been committed shall have an initial appearance in the court for the county in which the offense was alleged to have been committed as soon as practicable. Conditions of release may be set under s. 969.33.

SB82-SSA1,661 Section 661. 971.015 (2) of the statutes is created to read:

SB82-SSA1,196,6 971.015 (2) Persons not in custody. A person who is arrested and released or who is issued a citation is entitled to an initial appearance within a reasonable time after being arrested or cited.

SB82-SSA1,662 Section 662. 971.015 (4) of the statutes is created to read:

SB82-SSA1,196,9 971.015 (4) Discovery before the initial appearance. The district attorney may provide discovery before the initial appearance.

SB82-SSA1,663 Section 663. 971.02 of the statutes is renumbered 971.052, and 971.052 (1) and (2) (intro.), (a), (b) and (c), as renumbered, are amended to read:

SB82-SSA1,196,20 971.052 (1) If the defendant is charged with a felony in any complaint, including a complaint issued under s. 968.26 968.105, or when the defendant has been returned to this state for prosecution through extradition proceedings under ch. 976, or any indictment, no information or indictment shall be filed until the defendant has had a preliminary examination, unless the defendant waives such examination in writing or in open court or unless the defendant is a corporation or limited liability company. The omission of the preliminary examination shall not invalidate any information unless the defendant moves to dismiss prior to the entry of a plea.

SB82-SSA1,196,22 (2) (intro.) Upon motion and for cause shown, the trial court may remand the case for a preliminary examination. "Cause" means all of the following:

SB82-SSA1,196,23 (a) The preliminary examination was waived; and.

SB82-SSA1,196,24 (b) Defendant did not have advice of counsel prior to such waiver ; and.

SB82-SSA1,196,25 (c) Defendant denies that probable cause exists to hold him or her for trial; and.

SB82-SSA1,664 Section 664. 971.027 of the statutes, as created by 2015 Supreme Court Order 14-04, is renumbered 971.0525.

SB82-SSA1,665 Section 665. 971.028 (intro.) of the statutes is created to read:

SB82-SSA1,197,5 971.028 Duties at the initial appearance. (intro.) All of the following shall occur at the initial appearance:

SB82-SSA1,666 Section 666. 971.028 (1m) and (4) of the statutes are created to read:

SB82-SSA1,197,13 971.028 (1m) Probable cause determination. The court shall determine whether the facts alleged in the complaint establish probable cause to believe that the defendant committed the crime charged. In a misdemeanor case, if probable cause exists as to at least one count of the complaint, the court may set a date for further proceedings. Notwithstanding a finding of probable cause under this subsection, the defendant may move to dismiss a complaint or any count in a complaint based on lack of probable cause by filing a motion under s. 971.65.

SB82-SSA1,197,17 (4) Request for and entry of plea. The court shall ask for the defendant's plea to the charges in the complaint. If the defendant stands mute or refuses to plead to any charge, the court shall direct the entry of a plea of not guilty on the defendant's behalf.

SB82-SSA1,667 Section 667. 971.03 of the statutes is renumbered 971.053.

SB82-SSA1,668 Section 668. 971.035 of the statutes is created to read:

SB82-SSA1,197,23 971.035 Discovery at the initial appearance. (1) Material in the district attorney's possession. At the initial appearance, the district attorney shall disclose, if in the district attorney's possession, law enforcement investigative reports relating to the case and a copy of the defendant's criminal record.

SB82-SSA1,197,25 (2) Time of disclosure. Disclosure under this section shall be made after the defendant has obtained or waived legal representation.

SB82-SSA1,198,4 (3) Delay for good cause shown. The court may allow a delay in disclosure under this section for good cause shown, except that the court shall delay disclosure under this section if the court determines that providing the information under sub. (1) may endanger victims or witnesses.

SB82-SSA1,669 Section 669. 971.038 of the statutes is created to read:

SB82-SSA1,198,9 971.038 Time limits for motions and requests for substitution. No later than 10 days after the initial appearance, the defendant may file any motions that might otherwise be waived by the entry of the plea or a request for substitution of a judge under s. 967.16.

SB82-SSA1,670 Section 670. 971.04 (title) of the statutes is renumbered 967.13 (title).

SB82-SSA1,671 Section 671. 971.04 (1) (intro.) of the statutes is renumbered 967.13 (1) (intro.) and amended to read:

SB82-SSA1,198,15 967.13 (1) (intro.) Except as provided in subs. (2) and (3), the or s. 967.14, or subch. III of ch. 885, a defendant who is an individual shall be present for all of the following:

SB82-SSA1,672 Section 672. 971.04 (1) (a) of the statutes is repealed.

SB82-SSA1,673 Section 673. 971.04 (1) (b), (c), (d), (e), (f), (g) and (h) of the statutes are renumbered 967.13 (1) (c), (d), (e), (f), (g), (h) and (j) and amended to read:

SB82-SSA1,198,19 967.13 (1) (c) At The trial;.

SB82-SSA1,198,20 (d) During The voir dire of the trial jury;.

SB82-SSA1,198,21 (e) At any Any evidentiary hearing;.

SB82-SSA1,198,22 (f) At any Any view by the jury;.

SB82-SSA1,198,23 (g) When the jury returns its The return of the jury's verdict;.

SB82-SSA1,198,25 (h) At the pronouncement The granting of judgment and the imposition of sentence;.

SB82-SSA1,199,1 (j) At any Any other proceeding when ordered by the court.

SB82-SSA1,674 Section 674. 971.04 (2) of the statutes is renumbered 967.13 (2) and amended to read:

SB82-SSA1,199,8 967.13 (2) A defendant charged with a misdemeanor may authorize his or her attorney in writing to act on his or her the defendant's behalf in any manner and, with leave of the court, and may be excused from attendance at attending any or all proceedings proceeding except entry of a plea of guilty or no contest, sentencing, or a proceeding at which a right personal to the defendant is waived.

SB82-SSA1,675 Section 675. 971.04 (3) of the statutes is renumbered 967.13 (3) and amended to read:

SB82-SSA1,200,2 967.13 (3) If the defendant is present at the beginning of the trial when jeopardy attaches and thereafter, during the progress of the trial or before the verdict of the jury has been returned into court, voluntarily absents himself or herself from the presence of the court without leave of the court, the trial or return of verdict of the jury in the case shall not thereby be postponed or delayed, but and the trial or submission of said the case to the jury for verdict and the return of verdict thereon, if required, shall proceed in all respects as though the defendant were present in court at all times. A defendant need not be present at the pronouncement or entry of an order granting or denying relief under s. 974.02, 974.06, or 974.07. If the defendant is not present, the time for appeal from any order under ss. 974.02, 974.06, and 974.07 shall commence after a copy has been served upon the attorney representing the defendant, or upon the defendant if he or she appeared without counsel. Service of such an order shall be complete upon mailing. A defendant appearing without counsel shall supply the court with his or her current mailing address. If the defendant fails to supply the court with a current and accurate mailing address, failure to receive a copy of the order granting or denying relief shall not be a ground for tolling the time in which an appeal must be taken.

SB82-SSA1,676 Section 676 . 971.042 (7) (intro.) of the statutes is created to read:

SB82-SSA1,200,5 971.042 (7) (intro.) At the preliminary examination, the court shall do one of the following:

SB82-SSA1,677 Section 677. 971.05 of the statutes is renumbered 970.17, and 970.17 (2) and (4), as renumbered, are amended to read:

SB82-SSA1,200,10 970.17 (2) If the defendant appears for arraignment without counsel, the court shall advise the defendant of the defendant's right to counsel as provided in s. 970.02 971.028 (1).

SB82-SSA1,200,13 (4) The defendant then shall plead unless in accordance with s. 971.31 971.65 the defendant has filed a motion which requires determination before the entry of a plea. The court may extend the time for the filing of such motion.