Amendment SSA1-SB82

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.

SB82-SSA1,216,4 (5) If the act causing death is in one county and the death ensues in another, the defendant may be tried trial may be in either county. If neither location can readily be determined, the defendant may be tried trial may be in the county where the body is found.

SB82-SSA1,216,7 (6) If an offense is commenced outside the state and is consummated within the state, the defendant may be tried trial may be in the county where the offense was consummated.

SB82-SSA1,216,10 (8) In an action for a violation of s. 948.31, the defendant may be tried trial may be in the county where the crime was committed or the county of lawful residence of the child.

SB82-SSA1,216,16 (9) (intro.) In an action under s. 301.45 (6) (a) or (ag), the defendant may be tried trial may be in the defendant's county of residence at the time that the complaint is filed. If the defendant does not have a county of residence in this state at the time that the complaint is filed, or if the defendant's county of residence is unknown at the time that the complaint is filed, defendant may be tried trial may be in any of the following counties:

SB82-SSA1,216,23 (10) In an action under s. 23.33 (2h), 30.547, or 350.12 (3i) for intentionally falsifying an application for a certificate of number, a registration, or a certificate of title, the defendant may be tried trial may be in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the all-terrain vehicle, utility terrain vehicle, boat, or snowmobile if purchased from a dealer or the county where the department of natural resources received the application.

SB82-SSA1,217,4 (11) In an action under s. 943.201, the defendant may be tried trial may be in the county where the victim or intended victim resided at the time of the offense or in any other county designated under this section. In an action under s. 943.203, the defendant may be tried trial may be in the county where the victim or intended victim was located at the time of the offense or in any other county designated under this section.

SB82-SSA1,217,13 (12) Except as provided in s. 971.223 971.72, in an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 a defendant who is trial for a resident of this state shall be tried in circuit the court for the county where the defendant person resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

SB82-SSA1,714 Section 714. 971.20 of the statutes is renumbered 967.16, and 967.16 (9) and (10), as renumbered, are amended to read:

SB82-SSA1,217,19 967.16 (9) Judge's authority to act. Upon the filing of a request for substitution in proper form and within the proper time, the judge whose substitution has been requested has no authority to act further in the action except to conduct the initial appearance, accept pleas, and set bail conditions of release.

SB82-SSA1,217,21 (10) Form of request. A request for substitution of a judge may be made in the following form:

SB82-SSA1,217,22 STATE OF WISCONSIN

SB82-SSA1,217,23 CIRCUIT COURT

SB82-SSA1,217,24 .... County

SB82-SSA1,217,25 State of Wisconsin

SB82-SSA1,218,1 vs.

SB82-SSA1,218,2 ....(Defendant)

SB82-SSA1,218,4 Pursuant to s. 971.20 967.16 the defendant (or defendants) request (s) a substitution for the Hon. .... as judge in the above entitled action.

SB82-SSA1,218,5 Dated ...., .... (year)

SB82-SSA1,218,6 ....(Signature of defendant or defendant's attorney)

SB82-SSA1,715 Section 715. 971.22 of the statutes is renumbered 971.70, and 971.70 (2) and (3), as renumbered, are amended to read:

SB82-SSA1,218,11 971.70 (2) The motion shall be in writing and supported by an affidavit which shall state stating evidentiary facts showing the nature of the prejudice alleged. The district attorney may file counter affidavits.

SB82-SSA1,218,23 (3) If the court determines that there exists prejudice in the county where the action is pending such prejudice that will prevent a fair trial cannot be had, it shall order that conduct the trial be held in any county where an impartial a fair trial can be had. Only one change may be granted under this subsection. The judge who orders the change in the place of trial shall preside at the trial. Preliminary matters prior to trial may be conducted in either county at the discretion of the court. The judge or, if the requirements under s. 971.71 (1) are satisfied, order the selection of a jury from another county under s. 971.71 (2). If the court conducts the trial in another county, it shall determine where the defendant, if he or she is in custody, shall be held and where the record shall be kept. If the criteria under s. 971.225 (1) (a) to (c) exist, the court may proceed under s. 971.225 (2) The court, in its discretion, may conduct pretrial matters in either county.

SB82-SSA1,716 Section 716. 971.223 of the statutes is renumbered 971.72, and 971.72 (3) and (4), as renumbered, are amended to read:

SB82-SSA1,219,3 971.72 (3) This section does not affect which prosecutor has responsibility under s. 978.05 (1) to prosecute criminal actions arising from violations described under sub. (1).

SB82-SSA1,219,6 (4) This section does not affect the application of s. 971.22 971.70. In actions described under sub. (1), the court may enter an order under s. 971.225 971.71 only if the order is agreed to by the defendant.

SB82-SSA1,717 Section 717. 971.225 (title) of the statutes is renumbered 971.71 (title).

SB82-SSA1,718 Section 718. 971.225 (1) (intro.), (a) and (c) of the statutes are renumbered 971.71 (1) (intro.), (a) and (b), and 971.71 (1) (intro.) and (a), as renumbered, are amended to read:

SB82-SSA1,219,13 971.71 (1) (intro.) In lieu of If there are grounds for changing the place of trial under s. 971.22 (3) or 971.223 971.70 (3) or 971.72 and all of the following conditions are satisfied, the court may require the selection of a jury under sub. (2) if:

SB82-SSA1,219,15 (a) The court has decided to sequester the jurors after the commencement of the trial, as provided in s. 972.12; 972.05.

SB82-SSA1,719 Section 719. 971.225 (1) (b) of the statutes is repealed.

SB82-SSA1,720 Section 720. 971.225 (2) of the statutes is renumbered 971.71 (2) and amended to read:

SB82-SSA1,219,23 971.71 (2) If the court decides to proceed under this section it shall follow the procedure under s. 971.22 971.70 until the jury is chosen in the 2nd county. At that time, the proceedings shall return to the original county using the jurors selected in the 2nd county. The original county shall reimburse the 2nd county for all applicable costs under s. 814.22.

SB82-SSA1,721 Section 721. 971.23 of the statutes is renumbered 971.43, and 971.43 (1) (a) and (bm), (5), (6) and (6c), as renumbered, are amended to read:

SB82-SSA1,220,4 971.43 (1) (a) Any written or recorded statement concerning the alleged crime made by the defendant, including the testimony of the defendant in a secret proceeding under s. 968.26 968.105 or before a grand jury, and the names of witnesses to the defendant's written statements.

SB82-SSA1,220,6 (bm) Evidence obtained in the manner described under s. 968.31 968.345 (2) (b), if the district attorney intends to use the evidence at trial.

SB82-SSA1,220,10 (5) Scientific testing. On motion of a party subject to s. 971.31 (5) 971.65 (2) (b), the court may order the production of any item of physical evidence which is intended to be introduced at the trial for scientific analysis under such terms and conditions as the court prescribes.

SB82-SSA1,220,19 (6) Protective order. Upon motion of a party, the court may at any time order that discovery, inspection or the listing of witnesses required under this section be denied, restricted or deferred, or make other appropriate orders. If the district attorney or defense counsel certifies that to list a witness may subject the witness or others to physical or economic harm or coercion, the court may order that the deposition of the witness be taken pursuant to s. 967.04 967.21 (2) to (6). The name of the witness need not be divulged prior to the taking of such deposition. If the witness becomes unavailable or changes his or her testimony, the deposition shall be admissible at trial as substantive evidence.

SB82-SSA1,220,22 (6c) Interviews of victims by defense. Except as provided in s. 967.04 967.21, the defendant or his or her attorney may not compel a victim of a crime to submit to a pretrial interview or deposition.

SB82-SSA1,722 Section 722. 971.26 of the statutes is renumbered 970.11.

SB82-SSA1,723 Section 723. 971.27 of the statutes is renumbered 970.12 and amended to read:

SB82-SSA1,221,6 970.12 Lost or destroyed information, or complaint or indictment. In the case of the loss or destruction of an information or complaint If a complaint or information is lost or destroyed, the district attorney may file a copy, and the prosecution shall proceed without delay from that cause. In the case of the loss or destruction of an indictment, an information may be filed which shall have the same effect as the original.

SB82-SSA1,724 Section 724. 971.29 (title) of the statutes is renumbered 970.09 (title) and amended to read:

SB82-SSA1,221,9 970.09 (title) Amending the charge complaint or information.

SB82-SSA1,725 Section 725. 971.29 (1) of the statutes is renumbered 970.09 (1) and amended to read:

SB82-SSA1,221,14 970.09 (1) A complaint or information may be amended at any time prior to At any time before arraignment, the district attorney may amend the complaint or information without leave of the court.

SB82-SSA1,726 Section 726. 971.29 (2) of the statutes is renumbered 970.09 (3) and amended to read:

SB82-SSA1,221,19 970.09 (3) At the trial, the The court may allow amendment of the district attorney to amend the complaint, indictment or information at trial to conform to the proof where such amendment is not prejudicial to the defendant.

SB82-SSA1,221,22 (4) After verdict the pleading complaint or information shall be deemed amended as to technical variances to conform to the proof if no objection to the relevance of the evidence was timely raised upon the trial.

SB82-SSA1,727 Section 727. 971.29 (3) of the statutes is repealed.

SB82-SSA1,728 Section 728. 971.30 (title) and (1) of the statutes are repealed.

SB82-SSA1,729 Section 729. 971.30 (2) (intro.), (a), (b) and (c) of the statutes are consolidated, renumbered 971.65 (1) and amended to read:

SB82-SSA1,222,10 971.65 (1) Generally. Any motion that is capable of determination before trial may be made before trial. Unless otherwise provided or ordered by the court, all motions the motion shall meet the following criteria: (a) Be be in writing . (b) Contain and contain a caption setting forth the name of the court, the venue, the title of the action, the file number, and a denomination of the party seeking the order or relief and a brief description of the type of order or relief sought. (c) State. The motion shall state with particularity the grounds for the motion and the order or relief sought.

SB82-SSA1,730 Section 730. 971.31 (title) of the statutes is repealed.

SB82-SSA1,731 Section 731. 971.31 (1) of the statutes is repealed.

SB82-SSA1,732 Section 732. 971.31 (2) of the statutes is renumbered 971.65 (3) and amended to read:

SB82-SSA1,222,23 971.65 (3) Particular issues to be raised. Except as provided in sub. (5) (2) (b), defenses and objections based on defects in the institution of the proceedings, insufficiency of the complaint, information, or indictment, invalidity in whole or in part of the statute on which the prosecution is founded based, or the use of illegal means to secure evidence shall be raised before trial by a motion or be deemed waived. The court may, however, entertain such a motion at the trial, in which case the defendant waives any jeopardy that may have attached. The motion to suppress evidence shall be so entertained with waiver of jeopardy when it appears that the defendant is surprised by the state's possession of such evidence.

SB82-SSA1,733 Section 733. 971.31 (3) of the statutes is renumbered 972.18 (2) and amended to read:

SB82-SSA1,223,4 972.18 (2) The admissibility of any statement of the defendant shall be determined at the trial by the court in an evidentiary hearing out of the presence of the jury, unless the defendant, by motion, challenges the court ruled on admissibility of such the statement before trial.

SB82-SSA1,734 Section 734. 971.31 (4) of the statutes is renumbered 971.65 (4) and amended to read:

SB82-SSA1,223,11 971.65 (4) Deciding motions before and at trial. Except as provided in sub. (3), a motion shall be determined before trial of the general issue Before trial, the court shall determine each motion made under this section unless the court orders that it be deferred for determination at the trial. All issues of fact arising out of such the motion shall be tried determined by the court without a jury.

SB82-SSA1,735 Section 735. 971.31 (5) (a) of the statutes is repealed.