Amendment SSA1-SB82

SB82-SSA1,92,11 967.025 (16) "Read-in crime" means any crime that is uncharged or that is dismissed as part of a plea agreement, that the defendant agrees to have considered by the court at the time of sentencing, and that the court considers at the time of sentencing the defendant for the crime for which the defendant was convicted.

SB82-SSA1,318 Section 318. 967.025 (17) of the statutes is created to read:

SB82-SSA1,92,14 967.025 (17) "Sentencing" means the imposition of a sentence, fine, or probation.

SB82-SSA1,319 Section 319. 967.03 of the statutes is repealed.

SB82-SSA1,320 Section 320. 967.04 (title), (1), (2), (3), (4), (5) and (6) of the statutes are renumbered 967.21 (title), (1), (2), (3), (4), (5) and (6), and 967.21 (title), (1) and (4) (a), as renumbered, are amended to read:

SB82-SSA1,93,5 967.21 (title) Depositions in criminal proceedings generally. (1) Circumstance under which permitted. If it appears that a prospective witness may be unable to attend or prevented from attending a criminal trial or hearing, that the prospective witness's testimony is material and that it is necessary to take the prospective witness's deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment or information may upon motion and notice to the parties order that the prospective witness's testimony be taken by deposition and that any designated books, papers, documents, or tangible objects, not privileged, be produced at the same time and place. If a witness is committed pursuant to s. 969.01 (3) 969.52, the court shall direct that the witness's deposition be taken upon notice to the parties. After the deposition has been subscribed, the court shall discharge the witness.

SB82-SSA1,93,11 (4) (a) If the state or a witness procures such an order under sub. (1), the notice shall inform the defendant that the defendant is required to personally attend at the taking of the deposition and that the defendant's failure so to do is a waiver of the defendant's right to face the witness whose deposition is to be taken. Failure to attend shall constitute a waiver unless the defendant was physically unable to attend.

SB82-SSA1,321 Section 321. 967.04 (7) (a) of the statutes is renumbered 967.22 (1) and amended to read:

SB82-SSA1,93,19 967.22 (1) Circumstance under which permitted. In any criminal prosecution or any proceeding under ch. 48 or 938, any party may move the court to order that a deposition of a child who has been or is likely to be called as a witness be taken by audiovisual means. Upon notice and hearing, the court may issue an order for such a deposition if the trial or hearing in which the child may be called will commence before one of the following:

SB82-SSA1,93,20 (a) Prior to the The child's 12th birthday; or.

SB82-SSA1,93,23 (b) Prior to the The child's 16th birthday and if the court finds under sub. (2) that the interests of justice warrant that the child's testimony be prerecorded for use at the trial or hearing under par. (b).

SB82-SSA1,322 Section 322. 967.04 (7) (b) of the statutes is renumbered 967.22 (2), and 967.22 (2) (intro.), (a), (c), (f) and (g), as renumbered, are amended to read:

SB82-SSA1,94,3 967.22 (2) Determining interests of justice. (intro.) Among the factors which that the court may consider in determining the interests of justice are any of the following:

SB82-SSA1,94,6 (a) The child's chronological age, level of development and capacity to comprehend the significance of the events about which the child will testify and to verbalize about them.

SB82-SSA1,94,11 (c) Whether the events about which the child will testify constituted criminal or antisocial conduct against the child or a person with whom the child had a close emotional relationship and, if the conduct constituted a battery or a sexual assault, its duration and the extent of physical or emotional injury thereby caused by the battery or sexual assault.

SB82-SSA1,94,13 (f) The child's behavior at or reaction to previous interviews concerning the events involved about which the child will testify.

SB82-SSA1,94,19 (g) Whether the child blames himself or herself for the events involved about which the child will testify or has ever been told by any person not to disclose them; whether the child's prior reports to associates or authorities of the events have been disbelieved or not acted upon; and the child's subjective belief regarding what consequences to himself or herself, or persons with whom the child has a close emotional relationship, will ensue from providing testimony.

SB82-SSA1,323 Section 323. 967.04 (8) of the statutes is renumbered 967.22 (3), and 967.22 (3) (a) and (b) (intro.) and 4., as renumbered, are amended to read:

SB82-SSA1,95,5 967.22 (3) Procedures. (a) If the court orders a deposition under sub. (7) (1), the judge shall preside at the taking of the deposition and enforce compliance with the applicable provisions of ss. 885.44 to 885.47. Notwithstanding s. 885.44 (5), counsel may make objections and the judge shall make rulings thereon as at trial. The clerk of court shall keep the certified original recording of a deposition taken under sub. (7) (1) in a secure place. No person may inspect or copy the deposition except by order of the court upon a showing that inspection or copying is required for editing under s. 885.44 (12) or for the investigation, prosecution , or defense of the action in which it was authorized or the provision of services to the child.

SB82-SSA1,95,7 (b) (intro.) If the court orders that a deposition be taken by audiovisual means under sub. (7) (1), the court shall do all of the following:

SB82-SSA1,95,12 4. Determine that the child understands that it is wrong to tell a lie and will testify truthfully if If the child's developmental level or verbal skills are such that administration of an oath or affirmation in the usual form would be inappropriate, determine that the child understands that it is wrong to tell a lie and will testify truthfully.

SB82-SSA1,324 Section 324. 967.04 (9) of the statutes is renumbered 967.22 (4) and amended to read:

SB82-SSA1,95,23 967.22 (4) Use at trial, hearing, or other proceeding. In any criminal prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may admit into evidence a recorded deposition taken under subs. (7) and (8) this section without an additional hearing under s. 908.08. In any proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order that a deposition be taken by audiovisual means and preside at the taking of the deposition using the procedure provided in subs. (7) and (8) this section and may admit the recorded deposition into evidence without an additional hearing under s. 908.08.

SB82-SSA1,325 Section 325. 967.04 (10) of the statutes is renumbered 967.22 (5) and amended to read:

SB82-SSA1,96,8 967.22 (5) Subsequent testimony. If a court or hearing examiner admits a recorded deposition into evidence under sub. (9) (4), the child may not be called as a witness at the proceeding in which it was admitted unless the court or hearing examiner so orders upon a showing that additional testimony by the child is required in the interest of fairness for reasons neither known nor with reasonable diligence discoverable at the time of the deposition by the party seeking to call the child. The testimony of a child who is required to testify under this subsection may be taken in accordance with s. 972.11 (2m) 972.20, if applicable.

SB82-SSA1,326 Section 326. 967.05 of the statutes is renumbered 970.06, and 970.06 (title) and (1) (intro.), (a) and (b), as renumbered, are amended to read:

SB82-SSA1,96,12 970.06 (title) Methods of commencing prosecution. (1) (intro.) A prosecution may be commenced by the filing of any of the following:

SB82-SSA1,96,13 (a) A complaint;.

SB82-SSA1,96,14 (b) In the case of a corporation or limited liability company, an information;.

SB82-SSA1,327 Section 327. 967.055 of the statutes is renumbered 970.25, and 970.25 (2) (a) and (b), as renumbered, are amended to read:

SB82-SSA1,97,11 970.25 (2) (a) Notwithstanding s. 971.29 ss. 970.09 and 970.10, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in deterring the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

SB82-SSA1,98,2 (b) Notwithstanding s. 971.29 ss. 970.09 and 970.10, if the prosecutor seeks to dismiss or amend a charge under s. 30.681 (1) or a local ordinance in conformity therewith, a charge under s. 30.681 (2), a charge under s. 30.684 (5) or a local ordinance in conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the use of a motorboat, except a sailboat operating under sail alone, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motorboats by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely.

SB82-SSA1,328 Section 328. 967.057 of the statutes is renumbered 970.15 (6).

SB82-SSA1,329 Section 329. 967.06 (title) of the statutes is repealed.

SB82-SSA1,330 Section 330. 967.06 (1) and (2) (a) of the statutes are consolidated, renumbered 971.013 and amended to read:

SB82-SSA1,98,20 971.013 Determination of indigency; appointment of counsel. As soon as practicable after a person has been detained or arrested in connection with any offense that is punishable by incarceration, or in connection with any civil commitment proceeding, or in any other situation in which a person is entitled to counsel regardless of ability to pay under the constitution or laws of the United States or this state, the person shall be informed of his or her right to counsel. (2) (a) Except as provided in par. (b), a A person entitled to counsel under sub. (1) who indicates at any time that he or she wants to be represented by a lawyer, and who claims that he or she is not able to pay in full for a lawyer's services, shall immediately be permitted to contact the authority for indigency determinations specified under s. 977.07 (1). The authority for indigency determination in each county shall have daily telephone access to the county jail in order to identify all persons who are being held in the jail. The jail personnel shall provide by phone information requested by the authority.

SB82-SSA1,331 Section 331. 967.06 (2) (b) of the statutes is repealed.

SB82-SSA1,332 Section 332. 967.06 (3) of the statutes is renumbered 977.072 and amended to read:

SB82-SSA1,99,5 977.072 Transcript or court record; costs. In any case in which the state public defender provides representation to an indigent person, the public defender may request that the applicable court reporter or clerk of circuit court prepare and transmit any transcript or court record. The request shall be complied with. The state public defender shall, from the appropriation under s. 20.550 (1) (f), compensate the court reporter or clerk of circuit court for the cost of preparing, handling, duplicating, and mailing the documents.

SB82-SSA1,333 Section 333. 967.07 of the statutes is repealed.

SB82-SSA1,334 Section 334. 967.08 (title) of the statutes is renumbered 967.14 (title).

SB82-SSA1,335 Section 335. 967.08 (1) of the statutes is renumbered 967.14 (1) (intro.) and amended to read:

SB82-SSA1,99,14 967.14 (1) Proceedings covered. (intro.) Unless good cause to the contrary is shown, the court may permit any of the following proceedings referred to in this section may to be conducted by telephone or live audiovisual means, if available. If the proceeding is required to be reported under SCR 71.01 (2), the on the request of either party:

SB82-SSA1,99,25 (5) Procedures. A proceeding conducted under this section shall be reported recorded by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, setting, review, modification of bail and other conditions of release under ch. 969, the if it is required to be reported under SCR 71.01 (2). The proceeding shall be conducted in a courtroom or other place reasonably accessible to the public, with the exception of scheduling conferences, pretrial conferences, and, when the court is not in session, the setting, review, or modification of the conditions of release. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge.

SB82-SSA1,336 Section 336. 967.08 (2) (intro.) of the statutes is renumbered 967.14 (3) and amended to read:

SB82-SSA1,100,11 967.14 (3) Requests and objections. The court may permit the following proceedings to be conducted under sub. (1) on the request of either party. The request and the opposing party's showing of good cause for not conducting the proceeding A party may make a request under sub. (1) may be made by telephone. The opposing party may show good cause by telephone for not conducting the proceeding under this section.

SB82-SSA1,337 Section 337. 967.08 (2) (a) to (d) of the statutes are renumbered 967.14 (1) (a) to (d) and amended to read:

SB82-SSA1,100,15 967.14 (1) (a) Initial appearance under s. 970.01 subch. I of ch. 971 or pretrial conference.

SB82-SSA1,100,16 (b) Waiver of preliminary examination under s. 970.03, 971.042.

SB82-SSA1,100,17 (e) Waiver of a competency hearing under s. 971.14 (4) or 971.81 (4).

SB82-SSA1,100,18 (f) Waiver of a jury trial under s. 972.02 (1) 972.005.

SB82-SSA1,100,19 (c) Motions for extension of time under ss. 970.03 (2), 971.10 or other statutes.

SB82-SSA1,100,21 (d) Arraignment under s. 971.05 970.17, if the defendant intends to plead not guilty or to refuse to plead.

SB82-SSA1,338 Section 338. 967.08 (3) (intro.) of the statutes is renumbered 967.14 (1) (g) (intro.) and amended to read:

SB82-SSA1,101,2 967.14 (1) (g) (intro.) Non-evidentiary proceedings on the following matters may be conducted under sub. (1) on request of either party. The request and the opposing party's showing of good cause for not conducting the proceeding under sub. (1) may be made by telephone.:

SB82-SSA1,339 Section 339. 967.08 (3) (a) to (f) of the statutes are renumbered 967.14 (1) (g) 1. to 6. and amended to read:

SB82-SSA1,101,6 967.14 (1) (g) 1. Setting, review, and modification of bail and other conditions of release under s. 974.09 or ch. 969.

SB82-SSA1,101,8 2. Motions for severance under s. 971.12 (3) 971.68 (2) or consolidation joint trial of charges under s. 971.12 (4) 971.67.

SB82-SSA1,101,10 3. Motions for testing of physical evidence under s. 971.23 971.43 (5) or for protective orders under s. 971.23 971.43 (6).

SB82-SSA1,101,12 4. Motions under s. 971.31 directed to the sufficiency of the complaint or the affidavits supporting basis for the issuance of a warrant for arrest or search.

SB82-SSA1,101,13 5. Motions in limine, including those under s. 972.11 (2) (b).

SB82-SSA1,101,15 6. Motions to postpone, including those under s. 971.29 related to scheduling under subch. III of ch. 971.

SB82-SSA1,340 Section 340. 967.09 of the statutes is renumbered 967.14 (6), and 967.14 (6) (title), as renumbered, is amended to read:

SB82-SSA1,101,18 967.14 (6) (title) Interpreters may serve by telephone or video.

SB82-SSA1,341 Section 341. 967.10 of the statutes is renumbered 967.23.

SB82-SSA1,342 Section 342. 967.11 of the statutes is renumbered 970.16.

SB82-SSA1,343 Section 343. 967.12 (3) of the statutes is created to read:

SB82-SSA1,101,23 967.12 (3) If trial is waived, when the court accepts the defendant's plea of guilty or no contest.

SB82-SSA1,344 Section 344. 967.13 (1) (a) and (b) of the statutes are created to read:

SB82-SSA1,101,25 967.13 (1) (a) The initial appearance.

SB82-SSA1,102,1 (b) Any proceeding at which a plea is entered or withdrawn.

SB82-SSA1,345 Section 345. 967.13 (1) (i) of the statutes is created to read:

SB82-SSA1,102,3 967.13 (1) (i) Sentencing.

SB82-SSA1,346 Section 346. 967.14 (1) (dm) of the statutes is created to read:

SB82-SSA1,102,5 967.14 (1) (dm) Entry of a plea other than one that results in a finding of guilt.

SB82-SSA1,347 Section 347. 967.14 (2) of the statutes is created to read:

SB82-SSA1,102,8 967.14 (2) Criteria for good cause. In determining good cause under sub. (1), the court may consider the criteria under s. 885.56 (1).

SB82-SSA1,348 Section 348. 967.14 (4) of the statutes is created to read:

SB82-SSA1,102,12 967.14 (4) Pleas of guilty or no contest and sentencing. If the district attorney, the defendant, and defense counsel consent, the court may permit any of the following proceedings to be conducted by telephone:

SB82-SSA1,102,13 (a) A proceeding to accept a plea of guilty or no contest.

SB82-SSA1,102,14 (b) A sentencing proceeding.

SB82-SSA1,349 Section 349. 967.21 (2) (title) of the statutes is created to read:

SB82-SSA1,102,16 967.21 (2) (title) Procedure.

SB82-SSA1,350 Section 350. 967.21 (3) (title) of the statutes is created to read:

SB82-SSA1,102,18 967.21 (3) (title) Applicability of civil rules.

SB82-SSA1,351 Section 351. 967.21 (4) (title) of the statutes is created to read:

SB82-SSA1,102,20 967.21 (4) (title) Attendance by defendant.

SB82-SSA1,352 Section 352. 967.21 (5) (title) of the statutes is created to read:

SB82-SSA1,102,22 967.21 (5) (title) Use at trial or hearing.