Amendment SSA1-SB82

SB82-SSA1,201,17 (a) Moving to dismiss or amend one or more charges.

SB82-SSA1,201,19 (b) Reading in any crime that is uncharged or that is dismissed as part of the agreement.

SB82-SSA1,201,21 (c) Recommending, or agreeing not to oppose the defendant's request for, a particular disposition.

SB82-SSA1,201,22 (d) Agreeing that a specific disposition is appropriate.

SB82-SSA1,201,24 (2) The court may not participate in discussions to reach an agreement under this section.

SB82-SSA1,683 Section 683. 971.07 of the statutes is repealed.

SB82-SSA1,684 Section 684. 971.08 (title) of the statutes is amended to read:

SB82-SSA1,202,3 971.08 (title) Pleas Accepting pleas of guilty and or no contest; withdrawal thereof.

SB82-SSA1,685 Section 685. 971.08 (1) (a) of the statutes is renumbered 971.08 (1) (ar) and amended to read:

SB82-SSA1,202,9 971.08 (1) (ar) Address the defendant personally and determine that the defendant is making the plea is made knowingly, voluntarily, and with understanding of the meaning and effect of the plea, the nature of the charge crime to which the plea is entered, and the potential punishment if convicted.

SB82-SSA1,686 Section 686. 971.08 (1) (ag) of the statutes is created to read:

SB82-SSA1,202,15 971.08 (1) (ag) Require the parties to disclose any plea agreement in open court or, on a showing of good cause, in camera. Before accepting the plea, the court may express any reservations it has concerning the appropriateness of any recommended disposition and shall advise the defendant personally that the court is not bound by the terms of the plea agreement.

SB82-SSA1,687 Section 687. 971.08 (1) (am) of the statutes is created to read:

SB82-SSA1,202,17 971.08 (1) (am) Ask the defendant to state his or her plea on the record.

SB82-SSA1,688 Section 688. 971.08 (1) (b) of the statutes is repealed and recreated to read:

SB82-SSA1,202,20 971.08 (1) (b) Make an inquiry sufficient to satisfy the court that there is a factual basis for a judgment of conviction of the crime to which the plea is entered.

SB82-SSA1,689 Section 689. 971.08 (1) (d) of the statutes is amended to read:

SB82-SSA1,202,23 971.08 (1) (d) Inquire of the district attorney whether he or she has complied with s. 971.095 (2) and (3).

SB82-SSA1,690 Section 690. 971.08 (3) of the statutes is repealed.

SB82-SSA1,691 Section 691. 971.09 of the statutes is repealed and recreated to read:

SB82-SSA1,203,10 971.09 Consolidation; plea to or read-in of crimes committed in several counties. (1) In general. Consolidation refers to the process by which charged or uncharged crimes pending in more than one county are resolved in a single proceeding in one county. Consolidation is a voluntary procedure, requiring the consent of the defendant and the district attorneys for all counties whose charges are resolved. Consolidated charged or uncharged crimes shall be resolved by the entry of a plea of guilty or no contest or by an agreement that charged or uncharged crimes be treated as read-in crimes. A defendant who has already been convicted of but not sentenced for a crime may apply for consolidation of any pending or uncharged crime committed.

SB82-SSA1,203,17 (2) Application for consolidation. A defendant may apply to the district attorney for a county in which a charge against the defendant is pending to resolve in a single proceeding in one county any pending cases. In the application, the defendant shall describe with particularity all the crimes that the defendant seeks to resolve in the single proceeding, indicate the county in which each of the crimes was committed, and indicate the county in which the defendant requests final disposition.

SB82-SSA1,203,25 (3) Notice and consent. A district attorney who receives an application under sub. (2) shall send a copy of the application to the district attorney for each county in which a crime indicated in the application was committed. A district attorney who receives a copy of the application may execute a written consent to having any crime indicated in the application that is subject to disposition in his or her county resolved in a proceeding in another county. If a district attorney does not consent to having a crime that is subject to disposition in his or her county resolved in another county, the crime may not be resolved under this section.

SB82-SSA1,204,6 (4) Amending the charge; plea; read-in crimes. (a) If the district attorney to whom the defendant submitted the application under sub. (2) consents to resolving a case that is subject to disposition in his or her county in a single proceeding under this section, the district attorney shall file an amended complaint or information that charges the defendant with all crimes identified in consents executed under sub. (3) that are not to be treated as read-in crimes.

SB82-SSA1,204,11 (b) To resolve crimes charged in the amended complaint or information under par. (a) in a single proceeding, the defendant shall waive in writing or on the record any right to be tried in the county in which a crime charged in the amended complaint or information was committed and enter a plea of guilty or no contest to each crime charged in the amended complaint or information.

SB82-SSA1,204,13 (c) To resolve read-in crimes under this section, the defendant shall affirm his or her agreement to having the crimes considered at sentencing.

SB82-SSA1,204,16 (d) A district attorney who executed a consent under sub. (3) need not be present when the defendant enters his or her plea but the district attorney's written consent shall be filed with the court.

SB82-SSA1,204,19 (e) A charge that originated in a county may not be amended or dismissed without prior written approval of the district attorney for the county in which the charge originated.

SB82-SSA1,205,4 (5) Judgment. If it accepts the defendant's plea, the court shall enter judgment and sentence the defendant as though all crimes charged in the amended complaint or information were alleged to have been committed in the county where judgment is entered and may consider at sentencing any read-in crimes affirmed under sub. (4) (c). The clerk of the court for the county in which judgment is entered shall file a copy of the judgment of conviction with the clerk of the court for each other county in which charges addressed in the judgment or treated as read-in crimes originated. The district attorney for each of the other counties shall then move to dismiss any charges that are pending in his or her county against the defendant for charges addressed in the judgment or as treated as read-in crimes.

SB82-SSA1,205,7 (6) Rights of crime victims. The duties of the district attorney under ch. 950 and s. 971.095 shall be discharged by the district attorney for the county in which the crimes occurred, unless otherwise agreed to by the participating district attorneys.

SB82-SSA1,205,15 (7) Prosecution costs. The county in which the plea is made shall pay the costs of prosecution if the defendant does not pay them, and is entitled to retain fees for receiving and paying to the state any fine that the defendant may pay. The clerk where the plea is made shall file a copy of the judgment of conviction with the clerk in each county where a crime covered by the plea was committed. The district attorney shall then move to dismiss any charges covered by the plea of guilty, which are pending against the defendant in the district attorney's county, and the charges shall be dismissed.

SB82-SSA1,692 Section 692. 971.093 of the statutes is created to read:

SB82-SSA1,205,20 971.093 Withdrawal of a plea of guilty or no contest. (1) Before sentencing. Unless the district attorney establishes substantial prejudice, the court shall grant a motion that is made before sentencing to withdraw a plea of guilty or no contest if a fair and just reason for doing so is established.

SB82-SSA1,205,24 (2) After sentencing. The court shall grant a motion that is made after sentencing to withdraw a plea of guilty or no contest if the defendant did not knowingly, voluntarily, and understandingly enter the plea or if withdrawal is required to prevent manifest injustice.

SB82-SSA1,206,4 (3) Remedy. When the court grants a motion to withdraw a plea of guilty or no contest under this section, the judgment of conviction is vacated, the original charge or charges reinstated, and the parties are restored to the position they were in before the plea and any related plea agreement was accepted.

SB82-SSA1,693 Section 693. 971.095 (2) and (3) of the statutes are amended to read:

SB82-SSA1,206,13 971.095 (2) In any case in which a defendant has been charged with a crime, the district attorney shall, as soon as practicable, offer all of the victims in the case who have so requested the opportunity an opportunity to confer with the district attorney concerning the prosecution of the case and the possible outcomes of the prosecution, including potential plea agreements and sentencing recommendations. The duty to confer under this subsection does not limit the obligation of the district attorney to exercise his or her discretion concerning the handling of any criminal charge against the defendant.

SB82-SSA1,206,20 (3) At the request of a victim, a district attorney shall make a reasonable attempt to provide the victim with notice of the date, time, and place of scheduled court proceedings in a case involving relating to the prosecution of a crime of which he or she is a victim and any changes in the date, time, or place of a scheduled court proceeding for which the victim has received notice. This subsection does not apply to a proceeding held before the initial appearance to set conditions of release under ch. 969.

SB82-SSA1,694 Section 694. Subchapter III (title) of chapter 971 [precedes 971.098] of the statutes is created to read:

SB82-SSA1,206,23 chapter 971

SB82-SSA1,206,24 Subchapter III

SB82-SSA1,207,2 scheduling and expedition of proceedings

SB82-SSA1,695 Section 695. 971.098 of the statutes is created to read:

SB82-SSA1,207,8 971.098 Scheduling orders; pretrial conferences. After the defendant enters a plea, the court may issue a scheduling order and may amend it as circumstances require. The order shall be in writing and may specify times for discovery, pretrial motions, notices of intent to offer an alibi or another defense required to be disclosed, pretrial conferences, trial, or other proceedings.

SB82-SSA1,696 Section 696. 971.105 of the statutes is amended to read:

SB82-SSA1,207,18 971.105 Child victims and witnesses; duty to expedite proceedings. In all criminal and delinquency cases, juvenile fact-finding hearings under s. 48.31 and juvenile dispositional hearings involving a child as a victim, as defined in s. 950.02 (4), or as a witness, as defined in s. 950.02 (5), the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of the child's his or her involvement in the proceeding. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.

SB82-SSA1,697 Section 697. 971.11 (1) of the statutes is amended to read:

SB82-SSA1,208,7 971.11 (1) Whenever the warden or superintendent of a state prison receives notice of an untried criminal case pending in this state against an inmate of a state the prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served , and the date of the inmate's parole eligibility, if applicable, or the date of release on which the inmate will be released to extended supervision, or the approximate discharge or conditional release date, and prior decision relating to parole date on which the inmate will be discharged. If the inmate is already eligible for parole, the request shall describe any prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such the preliminary examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

SB82-SSA1,698 Section 698. 971.11 (2) and (3) of the statutes are consolidated, renumbered 971.11 (2) and amended to read:

SB82-SSA1,208,21 971.11 (2) If the crime charged in the pending case is a felony, the district attorney shall either move to dismiss the pending case or arrange a date for preliminary examination as soon as convenient and notify the warden or superintendent of the prison thereof, date unless such the preliminary examination has already been held or has been waived. After the preliminary examination or upon waiver thereof of the preliminary examination, the district attorney shall file an information, unless it has already been filed, and mail a copy thereof of the information to the warden or superintendent for service on the inmate. The district attorney shall bring the case on for trial within 120 days after receipt of receiving the request, subject to s. 971.10. (3) If the crime charged in the pending case is a misdemeanor, the district attorney shall either move to dismiss the charge case or bring it on for trial within 90 days after receipt of receiving the request.

SB82-SSA1,699 Section 699. 971.11 (5) of the statutes is amended to read:

SB82-SSA1,209,2 971.11 (5) If the defendant wishes to plead guilty to cases pending in more than one county, the several district attorneys involved may agree with the defendant and among themselves for all such pleas to be received in the appropriate court of one of such counties, and s. 971.09 shall govern the procedure thereon so far as applicable.

SB82-SSA1,700 Section 700. 971.11 (6) of the statutes is amended to read:

SB82-SSA1,209,14 971.11 (6) The prisoner shall be delivered warden or superintendent of the prison shall deliver the inmate into the custody of the sheriff of the county in which the charge is pending for transportation to the court, and the prisoner shall be retained in that sheriff shall retain custody of the inmate during all proceedings under this section. The sheriff shall return the prisoner inmate to the prison upon the completion of the proceedings and during any adjournments or continuances and between the preliminary examination and the trial, except that, if the department of corrections certifies a jail as being suitable to detain the prisoner inmate, he or she may be detained there until the court disposes of the case. The prisoner's inmate's existing sentence continues to run and he or she receives time credit under s. 302.11 while in custody.

SB82-SSA1,701 Section 701. 971.11 (7) of the statutes is amended to read:

SB82-SSA1,209,23 971.11 (7) If the district attorney moves to dismiss any pending case or if it is not brought on for trial to which a request under sub. (1) relates or does not bring the case on for trial within the time specified in sub. (2) or (3), the case court shall be dismissed dismiss the case unless the defendant has escaped or otherwise prevented the trial, in which case the request for disposition of the case shall be deemed withdrawn and of no further legal effect. Nothing in this section prevents a trial after the period specified in sub. (2) or (3) if a trial commenced within such period terminates in a mistrial or a new trial is granted.

SB82-SSA1,702 Section 702. 971.12 (title) of the statutes is renumbered 970.13 (title).

SB82-SSA1,703 Section 703. 971.12 (1) and (2) of the statutes are renumbered 970.13 (1) (intro.) and (2) and amended to read:

SB82-SSA1,210,6 970.13 (1) Joinder of crimes. (intro.) Two or more crimes may be charged in the same complaint, or information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors, or both, if each is described in a separate count and if any of the following applies:

SB82-SSA1,210,7 (a) The crimes are of the same or similar character or.

SB82-SSA1,210,8 (b) The crimes are based on the same act or transaction or on 2.

SB82-SSA1,210,11 (c) The crimes are based on 2 or more acts or transactions connected together or constituting parts of a common scheme or plan. When a misdemeanor is joined with a felony, the trial shall be in the court with jurisdiction to try the felony.

SB82-SSA1,210,17 (2) Joinder of defendants. Two or more defendants may be charged in the same complaint, or information or indictment if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting one or more crimes. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.

SB82-SSA1,704 Section 704. 971.12 (3) of the statutes is renumbered 971.68 (2) and amended to read:

SB82-SSA1,211,2 971.68 (2) Relief from prejudicial joinder. If it appears that a defendant or the state is prejudiced by a joinder of crimes or of defendants in a complaint, information or indictment or by such joinder for trial together, the court may order separate trials of counts, grant a severance of charges or defendants or provide whatever other relief justice requires. The district attorney shall advise the court prior to trial if the district attorney intends to use the statement of a codefendant which implicates another defendant in the crime charged. Thereupon, the judge shall grant a severance as to any such defendant.

SB82-SSA1,705 Section 705. 971.12 (4) of the statutes is renumbered 971.67, and 971.67 (title), as renumbered, is amended to read:

SB82-SSA1,211,5 971.67 (title) Trial together Joint trial of separate charges.

SB82-SSA1,706 Section 706. 971.13 of the statutes is renumbered 971.80, and 971.80 (3) and (4), as renumbered, are amended to read:

SB82-SSA1,211,11 971.80 (3) The fact that a defendant is not competent to proceed does not preclude any legal objection to the prosecution under s. 971.31 which 971.65 that is susceptible of fair determination prior to trial and without the personal participation of the defendant.

SB82-SSA1,211,16 (4) The fact that a defendant is not competent to proceed does not preclude a hearing under s. 968.38 968.725 (4) or (5) unless the court cannot fairly make the probable cause finding required to be made at the hearing cannot be fairly made under s. 968.725 (4) or (5), whichever is applicable, without the personal participation of the defendant.

SB82-SSA1,707 Section 707. 971.14 of the statutes is renumbered 971.81, and 971.81 (1r) (c) and (6) (d), as renumbered, are amended to read:

SB82-SSA1,212,5 971.81 (1r) (c) Except as provided in par. (b), the court shall not proceed under sub. (2) until it has found that it is probable that the defendant committed the offense charged. The finding may be based upon the complaint or, if the defendant submits an affidavit alleging with particularity that the averments of the complaint are materially false, upon the complaint and the evidence presented at a hearing ordered by the court. The defendant may call and cross-examine witnesses at a hearing under this paragraph but the court shall limit the issues and witnesses to those required for determining probable cause. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audiovisual means. If the court finds that any charge lacks probable cause, it shall dismiss the charge without prejudice and release the defendant except as provided in s. 971.31 (6) 971.65 (5).

SB82-SSA1,212,15 (6) (d) Counsel who have received notice under par. (c) or who otherwise obtain information that a defendant discharged under par. (a) may have become competent may move the court to order that the defendant undergo a competency examination under sub. (2). If the court so orders, a report shall be filed under sub. (3) and a hearing held under sub. (4). If the court determines that the defendant is competent, the criminal proceeding shall be resumed. If the court determines that the defendant is not competent, it shall release him or her but may impose such reasonable nonmonetary conditions as will protect the public and enable the court and district attorney to discover whether the person defendant subsequently becomes competent.

SB82-SSA1,708 Section 708. 971.15 of the statutes is renumbered 971.82, and 971.82 (2), as renumbered, is amended to read:

SB82-SSA1,212,20 971.82 (2) As used in this chapter, the terms term "mental disease or defect" do does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

SB82-SSA1,709 Section 709. 971.16 of the statutes is renumbered 971.83.

SB82-SSA1,710 Section 710. 971.165 of the statutes is renumbered 971.84, and 971.84 (3) (a) and (b), as renumbered, are amended to read:

SB82-SSA1,213,3 971.84 (3) (a) If a defendant is not found not guilty by reason of mental disease or defect, the court shall enter a judgment of conviction and shall either impose or withhold sentence under s. 972.13 978.28 (2).

SB82-SSA1,213,8 (b) If a defendant is found not guilty by reason of mental disease or defect, the court shall enter a judgment of not guilty by reason of mental disease or defect. The court shall thereupon proceed under s. 971.17 971.85. A judgment entered under this paragraph is interlocutory to the commitment order entered under s. 971.17 971.85 and reviewable upon appeal therefrom.

SB82-SSA1,711 Section 711. 971.17 of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 971.85, and 971.85 (2) (a) and (3) (b) and (c), as renumbered, are amended to read:

SB82-SSA1,213,19 971.85 (2) (a) The court shall enter an initial commitment order under this section pursuant to a hearing held as soon as practicable after the judgment of not guilty by reason of mental disease or mental defect is entered. If the court lacks sufficient information to make the determination required by sub. (3) immediately after trial, it may adjourn the hearing and order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 973.004 or a supplementary mental examination or both, to assist the court in framing the commitment order.

SB82-SSA1,214,2 (3) (b) If the state proves by clear and convincing evidence that the person is not competent to refuse medication or treatment for the person's mental condition, under the standard specified in s. 971.16 971.83 (3), the court shall issue, as part of the commitment order, an order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards.

SB82-SSA1,215,6 (c) If the court order specifies institutional care, the department of health services shall place the person in an institution under s. 51.37 (3) that the department considers appropriate in light of the rehabilitative services required by the person and the protection of public safety. If the person is not subject to a court order determining the person to be not competent to refuse medication or treatment for the person's mental condition and if the institution in which the person is placed determines that the person should be subject to such a court order, the institution may file with the court, with notice to the person and his or her counsel and the district attorney, a motion for a hearing, under the standard specified in s. 971.16 971.83 (3), on whether the person is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the person needs medication or treatment and that the person is not competent to refuse medication or treatment, based on an examination of the person by a licensed physician. Within 10 days after a motion is filed under this paragraph, the court shall determine the person's competency to refuse medication or treatment for the person's mental condition. At the request of the person, his or her counsel or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph. If the district attorney, the person and his or her counsel waive their respective opportunities to present other evidence on the issue, the court shall determine the person's competency to refuse medication or treatment on the basis of the report accompanying the motion. In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. If the state proves by evidence that is clear and convincing that the person is not competent to refuse medication or treatment, under the standard specified in s. 971.16 971.83 (3), the court shall order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards.

SB82-SSA1,712 Section 712. 971.18 of the statutes is renumbered 971.86.

SB82-SSA1,713 Section 713. 971.19 of the statutes, as affected by 2015 Wisconsin Act 89, is renumbered 970.14, and 970.14 (title), (1), (2), (3), (4), (5), (6), (8), (9) (intro.), (10), (11) and (12), as renumbered, are amended to read:

SB82-SSA1,215,13 970.14 (title) Place of trial Venue. (1) Criminal actions Trials shall be tried in the county where the crime was committed, except as otherwise provided in this section or in s. 971.09.

SB82-SSA1,215,17 (2) Where 2 or more acts are requisite to the commission of any offense crime requires 2 or more acts, the trial may be in any county in which any of such acts occurred. In a case involving a charge of conspiracy under s. 939.31, the trial may be in any county in which a conspiratorial act took place.

SB82-SSA1,215,20 (3) Where an offense a crime is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried trial may be in any of such counties.

SB82-SSA1,215,25 (4) If a crime is committed in, on, by use of, or against any vehicle passing through or within this state, and it cannot readily be determined in which county the crime was committed, the defendant may be tried trial may be in any county through which such vehicle has passed or in the county where the defendant's travel commenced or terminated in which the vehicle has traveled.