Amendment SSA1-SB82

SB82-SSA1,224,21 971.65 (6) Prior sexual conduct evidence. In actions under s. 940.225, 948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s. 940.302 (2), if the court finds that the crime was sexually motivated, as defined in s. 980.01 (5), evidence which that is admissible under s. 972.11 (2) 904.045 must be determined by the court upon pretrial motion to be material to a fact at issue in the case and of sufficient probative value to outweigh its inflammatory and prejudicial nature before it may be introduced at trial.

SB82-SSA1,743 Section 743. 971.31 (12) of the statutes is renumbered 971.65 (7) and amended to read:

SB82-SSA1,225,3 971.65 (7) Evidence of personal or medical history. In actions under s. 940.22, the court may determine the admissibility of evidence under s. 972.11 940.22 (6) only upon a pretrial motion.

SB82-SSA1,744 Section 744. 971.31 (13) of the statutes is renumbered 971.77, and 971.77 (2), as renumbered, is amended to read:

SB82-SSA1,225,10 971.77 (2) The court shall retain jurisdiction unless the juvenile proves by a preponderance of the evidence that he or she did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer would be appropriate because all of the factors specified in par. (a) 1., 2. and 3. sub. (1) (a), (b), and (c) are met.

SB82-SSA1,745 Section 745. 971.315 of the statutes is renumbered 970.10 (2) and amended to read:

SB82-SSA1,225,15 970.10 (2) Inquiry upon dismissal. Before a court dismisses a criminal charge against a person, complaint, or information under sub. (1), the court shall inquire of the district attorney whether he or she has complied with s. 971.095 (2).

SB82-SSA1,746 Section 746. 971.32 of the statutes is renumbered 970.21 and amended to read:

SB82-SSA1,225,21 970.21 Ownership, how alleged. In an indictment, information or complaint for a crime committed in relation to property, it shall be sufficient to state the name of any one of several co-owners, or of any officer or manager of any corporation, limited liability company or association owning the same.

SB82-SSA1,747 Section 747. 971.34 of the statutes is renumbered 970.22.

SB82-SSA1,748 Section 748. 971.36 of the statutes is renumbered 970.23.

SB82-SSA1,749 Section 749. 971.365 of the statutes is renumbered 970.24.

SB82-SSA1,750 Section 750. 971.38 (1) of the statutes is amended to read:

SB82-SSA1,226,8 971.38 (1) Except as provided in s. 967.055 970.25 (3), the district attorney may require as a condition of any deferred prosecution program for any crime that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the alleged offense. An order may only apply if agreed to by the defendant and the organization or agency. The district attorney shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

SB82-SSA1,751 Section 751. 971.39 (1) (intro.) of the statutes is amended to read:

SB82-SSA1,226,13 971.39 (1) (intro.) Except as provided in s. 967.055 970.25 (3), in counties having a population of less than 100,000, if a defendant is charged with a crime, the district attorney, the department and a defendant may all enter into a deferred prosecution agreement which includes, but is not limited to, the following conditions:

SB82-SSA1,752 Section 752. Subchapter IV (title) of chapter 971 [precedes 971.43] of the statutes is created to read:

SB82-SSA1,226,16 chapter 971

SB82-SSA1,226,17 Subchapter IV

SB82-SSA1,226,18 discovery

SB82-SSA1,753 Section 753. Subchapter V (title) of chapter 971 [precedes 971.65] of the statutes is created to read:

SB82-SSA1,226,21 chapter 971

SB82-SSA1,226,22 Subchapter V

SB82-SSA1,226,23 motions

SB82-SSA1,754 Section 754. 971.65 (title) of the statutes is created to read:

SB82-SSA1,226,25 971.65 (title) Pretrial motions.

SB82-SSA1,755 Section 755. 971.65 (2) (title) and (a) of the statutes are created to read:

SB82-SSA1,227,5 971.65 (2) (title) Time for filing. (a) A motion under this section shall be filed within the time set in the scheduling order. If there is no scheduling order, the motion shall be filed not later than 15 days before trial, unless otherwise permitted by the court.

SB82-SSA1,756 Section 756. 971.66 of the statutes is created to read:

SB82-SSA1,227,11 971.66 Motions to dismiss asserting that a statute is unconstitutional. If a defendant moves to dismiss a criminal prosecution by asserting that the statute under which he or she is charged violates the United States or Wisconsin Constitution, the defendant must serve a copy of the motion on the attorney general under s. 806.04 (11) as well as on the district attorney.

SB82-SSA1,757 Section 757. 971.68 (title), (1) and (3) of the statutes are created to read:

SB82-SSA1,227,14 971.68 (title) Joinder and severance motions. (1) In general. Either party may move for joinder or relief from misjoinder or prejudicial joinder under s. 970.13.

SB82-SSA1,227,19 (3) Codefendant's statements. If a defendant moves for severance because a codefendant's out-of-court statement refers to, but is not admissible against, the movant, the court shall determine whether the state intends to offer the statement in evidence as part of its case in chief. If so, the court shall require the district attorney to elect one of the following:

SB82-SSA1,227,20 (a) A joint trial at which the statement is not received in evidence.

SB82-SSA1,227,23 (b) A joint trial at which the statement is received in evidence only after all references to the movant have been deleted, if admission of the statement with the deletions made will not prejudice the movant.

SB82-SSA1,227,24 (c) A separate trial for the movant.

SB82-SSA1,228,2 (d) With the approval of the court, a separate jury for each defendant sitting in a single trial.

SB82-SSA1,758 Section 758. Subchapter VI (title) of chapter 971 [precedes 971.75] of the statutes is created to read:

SB82-SSA1,228,5 chapter 971

SB82-SSA1,228,6 Subchapter VI

SB82-SSA1,228,7 juveniles in adult court

SB82-SSA1,759 Section 759. 971.75 (title) of the statutes is created to read:

SB82-SSA1,228,10 971.75 (title) Probable cause and retention hearings; juvenile under original adult court jurisdiction.

SB82-SSA1,760 Section 760. 971.75 (2) of the statutes is created to read:

SB82-SSA1,228,15 971.75 (2) Time for probable cause hearing. The court shall conduct a probable cause hearing that is required under sub. (1) within 10 days after the initial appearance. On stipulation of the parties, or upon motion and for cause, the court may extend that time.

SB82-SSA1,761 Section 761. 971.75 (4) of the statutes is created to read:

SB82-SSA1,228,20 971.75 (4) Time for retention hearing. The court shall conduct any hearing on retention of jurisdiction that is required under sub. (3) (b) within 20 days of the probable cause finding under sub. (3) (b). On stipulation of the parties, or upon motion and for cause, the court may extend that time.

SB82-SSA1,762 Section 762. 971.75 (6) of the statutes is created to read:

SB82-SSA1,228,25 971.75 (6) Witnesses at probable cause and retention hearings. (a) Both the district attorney and the juvenile may call and cross-examine witnesses at any hearing under this section. All witnesses shall be sworn and their testimony reported by a court reporter.

SB82-SSA1,229,4 (b) During any hearing under this section, the court may exclude witnesses until they are called to testify, may direct that persons who are expected to be called as witnesses be kept separate until called, and may prevent them from communicating with one another until they have been examined.

SB82-SSA1,763 Section 763. 971.75 (7) of the statutes is created to read:

SB82-SSA1,229,6 971.75 (7) Admissibility of reports. (a) In this subsection:

SB82-SSA1,229,7 1. "Hospital" has the meaning given in s. 50.33 (2).

SB82-SSA1,229,8 2. "Local health department" has the meaning given in s. 250.01 (4).

SB82-SSA1,229,17 (b) At any hearing under this section, a report of one of the crime laboratory's, the state laboratory of hygiene's, a federal bureau of investigation laboratory's, a hospital laboratory's, or a local health department's findings with reference to all or any part of the evidence submitted, certified as correct by the attorney general, the director of the state laboratory of hygiene, the director of the federal bureau of investigation, the chief hospital administrator, the local health officer, as defined in s. 250.01 (5), or a person designated by any of them, shall, when offered by the state or the accused, be received as evidence of the facts and findings stated, if relevant. The expert who made the findings need not be called as a witness.

SB82-SSA1,229,23 (c) At any hearing under this section in Milwaukee County, a latent fingerprint report of the city of Milwaukee police department bureau of identification division's latent fingerprint identification unit, certified as correct by the police chief or a person designated by the police chief, shall, when offered by the state or the accused, be received as evidence of the facts and findings stated, if relevant. The expert who made the findings need not be called as a witness.

SB82-SSA1,764 Section 764. 971.75 (9) of the statutes is created to read:

SB82-SSA1,230,11 971.75 (9) Closure orders. (a) If the juvenile is accused of a crime under s. 940.225, 948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s. 940.302 (2), if the court finds that the crime was sexually motivated, as defined in s. 980.01 (5), the court may exclude from any hearing under this section all persons who are not officers of the court, members of the complainant's or juvenile's families, or others considered by the court to be supportive of the complainant or juvenile, the service representative, as defined in s. 895.45 (1) (c), or other persons required to attend, if the court finds that the state or the juvenile has established a compelling interest that would likely be prejudiced if the persons were not excluded. The court may consider as a compelling interest, among others, the need to protect a complainant from undue embarrassment and emotional trauma.

SB82-SSA1,230,17 (b) In making its order under this subsection, the court shall set forth specific findings sufficient to support the order. In making these findings, the court shall consider, and give substantial weight to, the desires, if any, of the complainant. Additional factors that the court may consider in making these findings include, but are not limited to, the complainant's age, psychological maturity, and understanding; the nature of the crime; and the desires of the complainant's family.

SB82-SSA1,230,20 (c) The court shall make its order under this subsection no broader than is necessary to protect the compelling interest under par. (a) and shall consider any reasonable alternatives to full closure of the entire hearing.

SB82-SSA1,765 Section 765. 971.76 of the statutes is created to read:

SB82-SSA1,231,3 971.76 Pretrial dismissal of complaint against juvenile. (1) Waiver cases. If the court has jurisdiction over a juvenile as a result of a waiver under s. 938.18 (1) (a) or (b), the juvenile may move the court to dismiss the complaint on the ground that the state cannot prove that he or she committed any of the offenses listed in s. 938.18 (1) (a) or (b) on which the waiver was based. If the court grants a motion to dismiss under this subsection, the court shall order that the juvenile be discharged, but proceedings may be brought regarding the juvenile under ch. 938.

SB82-SSA1,231,10 (2) Cases involving original adult court jurisdiction. A juvenile subject to the court's original jurisdiction under s. 938.183 (1) may move the court to dismiss the complaint on the ground that the state cannot prove that he or she committed any of the offenses charged under s. 938.183 (1) (a), (am), (b), or (c) under the circumstances described in those provisions. If the court grants a motion to dismiss under this subsection, the court shall order that the juvenile be discharged, but proceedings may be brought regarding the juvenile under ch. 938.

SB82-SSA1,766 Section 766. 971.77 (title) of the statutes is created to read:

SB82-SSA1,231,12 971.77 (title) Motion to transfer jurisdiction in misdemeanors.

SB82-SSA1,767 Section 767. Subchapter VII (title) of chapter 971 [precedes 971.80] of the statutes is created to read:

SB82-SSA1,231,15 chapter 971

SB82-SSA1,231,16 Subchapter VII

SB82-SSA1,231,17 competency proceedings

SB82-SSA1,768 Section 768. 972.01 of the statutes is amended to read:

SB82-SSA1,231,23 972.01 Jury; civil rules applicable. The Except as otherwise provided in this chapter, the summoning of jurors, the, selection, and qualifications of the jury jurors, the challenge of jurors for cause, and the duty of the court in charging the jury and, giving instructions, and discharging the jury when it is unable to agree shall be the same in criminal as in civil actions, except that s. 805.08 (3) shall not apply.

SB82-SSA1,769 Section 769. 972.02 (title) of the statutes is repealed.

SB82-SSA1,770 Section 770. 972.02 (1) of the statutes is renumbered 972.005 and amended to read:

SB82-SSA1,232,10 972.005 Right to jury; waiver. Except as otherwise provided in this chapter, criminal Criminal cases shall be tried by a jury selected as prescribed in s. 805.08, unless the defendant waives a his or her right to trial by jury in writing or by statement in open court or under s. 967.08 (2) (b), on the record, with the approval of the court and the consent of the state. Before approving a waiver of the right to trial by jury, the court shall address the defendant personally, on the record, to assure that the defendant understands his or her right to trial by jury and that the defendant knowingly, intelligently, and voluntarily waives that right.

SB82-SSA1,771 Section 771. 972.02 (2) of the statutes is renumbered 972.025 (2) and amended to read:

SB82-SSA1,232,19 972.025 (2) Jury of fewer than 12. At any time before the verdict is returned, the parties may stipulate in writing or by statement in open court, on the record agree, with the approval of the court, that the jury shall consist of any number less fewer than 12. If the parties agree to a number of jurors that is fewer than 12, the court shall address the defendant personally, on the record, to ensure that the defendant understands his or her right to a jury of 12 and that the defendant voluntarily waives that right.

SB82-SSA1,772 Section 772. 972.02 (3) of the statutes is renumbered 972.27 and amended to read:

SB82-SSA1,232,23 972.27 Findings in a trial to the court. In a case tried without a jury, the court shall make a general funding and may in addition find the facts specially.

SB82-SSA1,773 Section 773. 972.02 (4) of the statutes is renumbered 972.04 (5) and amended to read:

SB82-SSA1,233,3 972.04 (5) No A member of the a grand jury which found the indictment shall that indicted a defendant may not be a juror for the defendant's trial of the indictment.

SB82-SSA1,774 Section 774. 972.025 (title) and (1) of the statutes are created to read:

SB82-SSA1,233,7 972.025 (title) Jury size. (1) Twelve-person jury. A jury in a criminal case shall consist of 12 persons unless the parties agree to fewer jurors as provided in sub. (2).

SB82-SSA1,775 Section 775. 972.03 (title) of the statutes is amended to read:

SB82-SSA1,233,9 972.03 (title) Peremptory Number of peremptory challenges.

SB82-SSA1,776 Section 776. 972.03 of the statutes is renumbered 972.03 (1) and amended to read:

SB82-SSA1,233,14 972.03 (1) Generally. Each Except as provided in subs. (2), (3), (4), and (5), in a criminal case, each side is entitled to only 4 peremptory challenges except as otherwise provided in this section. When.

SB82-SSA1,233,21 (4) Life imprisonment. If the crime charged in a case is punishable by life imprisonment, the state is each side shall be entitled to 6 peremptory challenges and the defendant is entitled to 6 peremptory challenges. If there is , except, if the case involves 2 defendants, the defense shall be entitled to 12 peremptory challenges, and if the case involves more than 2 defendants, the defense shall be entitled to 18 peremptory challenges. The court may allow the state a reasonable number of peremptory challenges.

SB82-SSA1,234,6 (3) Dividing challenges among defendants. In a criminal case involving more than one defendant, the court shall divide the peremptory challenges for the defense as equally as practicable among them the defendants; and if their defenses are adverse and the court is satisfied that the protection of their rights so requires, the court may allow the defendants additional peremptory challenges. If the crime is punishable by life imprisonment, the total peremptory challenges allowed the defense shall not exceed 12 if there are only 2 defendants and 18 if there are more than 2 defendants; in other felony cases the defendants are allowed additional peremptory challenges under this subsection, the court may allow the state a reasonable number of peremptory challenges.

SB82-SSA1,234,15 (2) More than one defendant. Except as provided in subs. (3) and (4), in a criminal case involving 2 defendants, the defense shall be entitled to 6 peremptory challenges if there are only, and in a criminal case involving more than 2 defendants and, the defense shall be entitled to 9 peremptory challenges if there are more than 2. In misdemeanor cases, the state is entitled to 3 peremptory challenges and the defendant is entitled to 3 peremptory challenges, except that if there are 2 defendants, the court shall allow the defense 4 peremptory challenges, and if there are more than 2 defendants, the court shall allow the defense 6 peremptory challenges.