Amendment SSA1-SB82

SB82-SSA1,250 Section 250. 940.09 (1m) (a) of the statutes is amended to read:

SB82-SSA1,80,2 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of sub. (1) (c), (cm), or (d); any combination of sub. (1) (c), (cm), or (e); any combination of sub. (1g) (a), (am), or (b) or;; or any combination of sub. (1g) (c), (cm), or (d) for acts arising out of the same incident or occurrence.

SB82-SSA1,251 Section 251. 940.09 (1m) (b) of the statutes is amended to read:

SB82-SSA1,80,13 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the others do not require.

SB82-SSA1,252 Section 252. 940.225 (4) (intro.) of the statutes is amended to read:

SB82-SSA1,80,20 940.225 (4) Consent. (intro.) "Consent", as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2) 904.045:

SB82-SSA1,253 Section 253. 940.25 (1m) (b) of the statutes is amended to read:

SB82-SSA1,81,4 940.25 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require.

SB82-SSA1,254 Section 254. 940.32 (2m) (d) of the statutes is amended to read:

SB82-SSA1,81,7 940.32 (2m) (d) The person violates s. 968.31 968.345 (1) or 968.34 968.376 (1) in order to facilitate the violation.

SB82-SSA1,255 Section 255. 940.48 (intro.) of the statutes is amended to read:

SB82-SSA1,81,11 940.48 Violation of court orders. (intro.) Whoever violates an order issued under s. 940.47 or violates any condition of a bond required under s. 969.33 (4) (d) may be punished as follows:

SB82-SSA1,256 Section 256. 940.49 of the statutes is repealed.

SB82-SSA1,257 Section 257. 941.28 (5) of the statutes is amended to read:

SB82-SSA1,81,15 941.28 (5) Any firearm seized under this section is subject to s. 968.20 (3) 175.27 (1) and is presumed to be contraband.

SB82-SSA1,258 Section 258. 941.29 (3) of the statutes, as affected by 2015 Wisconsin Act 109, is amended to read:

SB82-SSA1,81,19 941.29 (3) Any firearm involved in an offense under this section is subject to s. 968.20 (3) 175.27 (1).

SB82-SSA1,259 Section 259. 943.245 (3m) of the statutes is amended to read:

SB82-SSA1,81,25 943.245 (3m) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 969.42 (5) (a) for the same act and by any amount collected in connection with the act and paid to the plaintiff under a deferred prosecution agreement under s. 971.41.

SB82-SSA1,260 Section 260. 943.51 (3r) of the statutes is amended to read:

SB82-SSA1,82,4 943.51 (3r) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 969.42 (5) (a) for the same act.

SB82-SSA1,261 Section 261. 946.49 (1) (intro.) of the statutes is amended to read:

SB82-SSA1,82,7 946.49 (1) (intro.) Whoever, having been released from custody under s. 974.09 or ch. 969, intentionally fails to comply with the terms of his or her bond is:

SB82-SSA1,262 Section 262. 946.49 (2) of the statutes is amended to read:

SB82-SSA1,82,11 946.49 (2) A witness for whom bail has been required conditions of release have been set under s. 969.01 (3) 969.52 is guilty of a Class I felony for failure to appear as provided.

SB82-SSA1,263 Section 263 . 946.52 of the statutes, as affected by 2013 Wisconsin Act 20, section 1922, is amended to read:

SB82-SSA1,82,17 946.52 Failure to submit biological specimen. Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8) 971.028 (7), 973.047, or 980.063 is guilty of a Class A misdemeanor.

SB82-SSA1,264 Section 264. 946.60 (1) of the statutes is amended to read:

SB82-SSA1,82,24 946.60 (1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds, or transfers possession of a document or other object, knowing that a subpoena has been issued for the document has been subpoenaed or other object by a court or, by or at the request of a district attorney or the attorney general, or by an attorney of record in a criminal case or a case under ch. 938 or 980, is guilty of a Class I felony.

SB82-SSA1,265 Section 265. 946.86 (2) of the statutes is amended to read:

SB82-SSA1,83,6 946.86 (2) Any criminal complaint alleging violation of s. 946.83 or 946.85 shall allege the extent of property subject to forfeiture under this section. At trial, the trier of fact shall return a special verdict determining the extent of property, if any, to be subject to forfeiture under this section. When a special verdict contains a finding of property subject to a forfeiture under this section, a judgment of criminal forfeiture shall be entered along with the judgment of conviction under s. 972.13 972.28.

SB82-SSA1,266 Section 266. 946.87 (2) (am) of the statutes is amended to read:

SB82-SSA1,83,15 946.87 (2) (am) Notwithstanding par. (a), property described in par. (a) is subject to forfeiture if the person who violated s. 946.83 or 946.85 has not been convicted, but he or she is a defendant in a criminal proceeding, is released, pending trial, on bail, as defined in s. 969.001 conditions under ch. 969, and fails to appear in court regarding the criminal proceeding. However, before making the final determination of any action under this section, the court must determine that the party bringing the action can prove the person committed the violation of s. 946.83 or 946.85.

SB82-SSA1,267 Section 267. 948.015 (9) of the statutes is amended to read:

SB82-SSA1,83,19 948.015 (9) A crime that involves an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a), if the court includes in its reasoning under s. 973.017 (10m) for its sentencing decision the aggravating factor under s. 973.017 (6m).

SB82-SSA1,268 Section 268. 948.31 (5) of the statutes is amended to read:

SB82-SSA1,83,22 948.31 (5) The venue of an action under this section is prescribed in s. 971.19 970.14 (8).

SB82-SSA1,269 Section 269. 948.50 (5) of the statutes is amended to read:

SB82-SSA1,83,25 948.50 (5) This section does not apply to any law enforcement officer conducting a strip search under s. 968.255 968.585.

SB82-SSA1,270 Section 270. 949.165 (1) (a) of the statutes is amended to read:

SB82-SSA1,84,4 949.165 (1) (a) "Serious crime" has the meaning designated in s. 969.08 (10) 969.51 (7) (b) and includes solicitation, conspiracy or attempt to commit a serious crime.

SB82-SSA1,271 Section 271. 949.165 (9) of the statutes is amended to read:

SB82-SSA1,84,9 949.165 (9) Interpleader. If a court determines that a person accused of a serious crime is incompetent to proceed under s. 971.14 971.81 or if the charges are dismissed without prejudice, the department shall bring an action of interpleader to determine the disposition of the escrow account.

SB82-SSA1,272 Section 272. 950.04 (1v) (d) of the statutes is amended to read:

SB82-SSA1,84,13 950.04 (1v) (d) To request an order for, and to be given the results of, testing to determine the presence of a communicable disease, as provided under ss. s. 938.296 or 968.38 968.725.

SB82-SSA1,273 Section 273. 950.04 (1v) (dL) of the statutes is amended to read:

SB82-SSA1,84,19 950.04 (1v) (dL) To not be the subject of a law enforcement officer's or district attorney's order, request, or suggestion that he or she submit to a test using a lie detector, as defined in s. 111.37 (1) (b), if he or she claims to have been the victim of a sexual assault under s. 940.22 (2), 940.225, 948.02 (1) or (2), or 948.085, except as permitted under s. 968.265 968.595.

SB82-SSA1,274 Section 274 . 950.04 (1v) (do) of the statutes is amended to read:

SB82-SSA1,84,24 950.04 (1v) (do) To be informed about the process by which he or she may file a complaint under s. 968.02 or 968.26 968.105 (2) and about the process of an inquest under s. 979.05 968.025 if he or she is the victim of an officer-involved death, as defined in s. 175.47 (1) (c).

SB82-SSA1,275 Section 275. 950.04 (1v) (e) of the statutes is amended to read:

SB82-SSA1,85,2 950.04 (1v) (e) To be provided a waiting area under ss. 938.2965 and 967.10 967.23.

SB82-SSA1,276 Section 276. 950.04 (1v) (em) of the statutes is amended to read:

SB82-SSA1,85,7 950.04 (1v) (em) To have his or her interests considered by the court in determining whether to exclude persons from a preliminary examination, as provided under s. 971.042 (4), or a probable cause or retention hearing concerning a juvenile, as provided under s. 970.03 (4) 971.75.

SB82-SSA1,277 Section 277. 950.04 (1v) (er) of the statutes is amended to read:

SB82-SSA1,85,11 950.04 (1v) (er) To not be compelled to submit to a pretrial interview or deposition by a defendant or his or her attorney as provided under s. 971.23 971.43 (6c).

SB82-SSA1,278 Section 278. 950.04 (1v) (g) of the statutes is amended to read:

SB82-SSA1,85,15 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3), and 972.14 973.003 (3) (b).

SB82-SSA1,279 Section 279. 950.04 (1v) (L) of the statutes is amended to read:

SB82-SSA1,85,20 950.04 (1v) (L) To have the district attorney or corporation counsel, whichever is applicable, make a reasonable attempt to contact the victim concerning the victim's right to make a statement, as provided under ss. 938.32 (1) (b) 2., 938.335 (3m) (b) and 972.14 973.003 (3) (b).

SB82-SSA1,280 Section 280. 950.04 (1v) (m) of the statutes is amended to read:

SB82-SSA1,85,24 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 973.003 (3) (a).

SB82-SSA1,281 Section 281. 950.04 (1v) (p) of the statutes is amended to read:

SB82-SSA1,86,5 950.04 (1v) (p) To have the person preparing a presentence investigation under s. 972.15 973.004 make a reasonable attempt to contact the victim, as provided in s. 972.15 973.004 (2m), and to view the sentence recommendation and any victim information included on the presentence investigation report, as provided in s. 972.15 973.004 (4m).

SB82-SSA1,282 Section 282. 950.04 (1v) (pd) of the statutes is amended to read:

SB82-SSA1,86,9 950.04 (1v) (pd) Subject to the limits set forth in s. 972.15 973.004 (4r), to view portions of a presentence investigation report prepared under s. 972.15 973.004 that relate to the crime upon the victim.

SB82-SSA1,283 Section 283. 950.04 (1v) (qm) of the statutes is amended to read:

SB82-SSA1,86,11 950.04 (1v) (qm) To recompense as provided under s. 969.13 969.42 (5) (a).

SB82-SSA1,284 Section 284. 950.04 (1v) (s) of the statutes is amended to read:

SB82-SSA1,86,18 950.04 (1v) (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence, subject to s. 968.205 968.645. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205 968.645, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.

SB82-SSA1,285 Section 285. 950.04 (1v) (um) of the statutes is amended to read:

SB82-SSA1,86,22 950.04 (1v) (um) To have district attorneys make a reasonable attempt to notify the victim under s. 971.17 971.85 (4m) regarding conditional releases under s. 971.17 971.85.

SB82-SSA1,286 Section 286. 950.04 (1v) (x) of the statutes is amended to read:

SB82-SSA1,87,2 950.04 (1v) (x) To have the department of health services make a reasonable attempt to notify the victim under s. 971.17 971.85 (6m) regarding termination or discharge under s. 971.17 971.85 and under s. 51.37 (10) regarding home visits under s. 51.37 (10).

SB82-SSA1,287 Section 287. 950.04 (2w) (f) of the statutes is amended to read:

SB82-SSA1,87,5 950.04 (2w) (f) To be provided a waiting area under ss. 938.2965 and 967.10 967.23.

SB82-SSA1,288 Section 288. 950.055 (2) (b) of the statutes is amended to read:

SB82-SSA1,87,11 950.055 (2) (b) Advice to the judge, when appropriate and as a friend of the court, regarding the child's ability to understand proceedings and questions. The services may include providing assistance in determinations concerning the taking of depositions by audiovisual means under s. 908.08 or 967.04 (7) and (8) 967.22 and the duty to expedite proceedings under s. ss. 938.315 (2) and 971.105.

SB82-SSA1,289 Section 289. 950.08 (2g) (c) of the statutes is amended to read:

SB82-SSA1,87,19 950.08 (2g) (c) The address and telephone number of the intake worker, corporation counsel, or district attorney whom the victim may contact to obtain information concerning the rights of victims and to request notice of court proceedings under ss. 938.27 (4m) and (6), 938.273 (2), 938.299 (1) (am) and 938.335 (3m) (b) or ss. 971.095 (3) and 972.14 973.003 (3) (b), whichever is applicable, and to request the opportunity to confer under ss. s. 938.245 (1m), 938.265, or 938.32 (1) (am) or s. 971.095 (2), whichever is applicable.

SB82-SSA1,290 Section 290. 950.08 (2g) (e) of the statutes is amended to read:

SB82-SSA1,87,24 950.08 (2g) (e) The address and telephone number of the custodial agency that the victim may contact for information concerning release under s. 938.20 or, 938.21, or 974.09 or ch. 969, whichever is appropriate, of a person arrested or taken into custody for the crime of which he or she is a victim.

SB82-SSA1,291 Section 291 . 950.08 (2g) (h) of the statutes is amended to read:

SB82-SSA1,88,4 950.08 (2g) (h) If the victim is a victim of an officer-involved death, as defined in s. 175.47 (1) (c), information about the process by which he or she may file a complaint under s. 968.02 or 968.26 968.105 (2) and about the process of an inquest under s. 979.05 968.025.

SB82-SSA1,292 Section 292. 950.08 (2r) (intro.) of the statutes is amended to read:

SB82-SSA1,88,12 950.08 (2r) Information to be provided by a district attorney in criminal cases. (intro.) As soon as practicable, but in no event later than 10 days after the initial appearance under s. 970.01 971.015 or 24 hours before a preliminary examination under s. 970.03 971.042, whichever is earlier, of a person charged with a crime in a court of criminal jurisdiction, a district attorney shall make a reasonable attempt to provide to each victim of the crime written information on all of the following:

SB82-SSA1,293 Section 293. 950.08 (2w) of the statutes is amended to read:

SB82-SSA1,88,23 950.08 (2w) Information to be provided by district attorneys to schools in criminal cases. If a criminal complaint is issued under s. 968.02 970.08 or if a petition for waiver is granted pursuant to s. 938.18, and the district attorney reasonably believes the person charged is a pupil enrolled in a school district, a private school, or a charter school established pursuant to 118.40 (2r), the district attorney shall make a reasonable attempt to notify the school board, governing body of the private school, as defined in s. 115.001 (3d), or charter school governing body of the charges pending against the pupil. The district attorney shall also notify the school board, governing body of the private school, or charter school governing body of the final disposition of the charges.

SB82-SSA1,294 Section 294. 951.01 (4) of the statutes is amended to read:

SB82-SSA1,89,2 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5) 967.025 (13) but does not include a conservation warden appointed under s. 23.10.