SB82-SSA1,98,20
7971.013 Determination of indigency; appointment of counsel. As soon
8as practicable after a person has been detained or arrested in connection with any
9offense that is punishable by incarceration
, or in connection with any civil
10commitment proceeding, or in any other situation in which a person is entitled to
11counsel regardless of ability to pay under the constitution or laws of the United
12States or this state, the person shall be informed of his or her right to counsel.
(2)
13(a) Except as provided in par. (b), a A person
entitled to counsel under sub. (1) who
14indicates at any time that he or she wants to be represented by a lawyer, and who
15claims that he or she is not able to pay in full for a lawyer's services, shall
16immediately be permitted to contact the authority for indigency determinations
17specified under s. 977.07 (1). The authority for indigency determination in each
18county shall have daily telephone access to the county jail in order to identify all
19persons who are being held in the jail. The jail personnel shall provide by phone
20information requested by the authority.
SB82-SSA1,331
21Section
331. 967.06 (2) (b) of the statutes is repealed.
SB82-SSA1,332
22Section
332. 967.06 (3) of the statutes is renumbered 977.072 and amended
23to read:
SB82-SSA1,99,5
24977.072 Transcript or court record; costs. In any case in which the state
25public defender provides representation to an indigent person, the public defender
1may request that the applicable court reporter or clerk
of circuit court prepare and
2transmit any transcript or court record. The request shall be complied with. The
3state public defender shall, from the appropriation under s. 20.550 (1) (f),
4compensate the court reporter or clerk
of circuit court for the cost of preparing,
5handling, duplicating, and mailing the documents.
SB82-SSA1,334
7Section
334. 967.08 (title) of the statutes is renumbered 967.14 (title).
SB82-SSA1,335
8Section
335. 967.08 (1) of the statutes is renumbered 967.14 (1) (intro.) and
9amended to read:
SB82-SSA1,99,1410
967.14
(1) Proceedings covered. (intro.) Unless good cause to the contrary is
11shown,
the court may permit any of the following proceedings
referred to in this
12section may to be conducted by telephone
or live audiovisual means, if available. If
13the proceeding is required to be reported under SCR 71.01 (2), the
on the request of
14either party:
SB82-SSA1,99,25
15(5) Procedures.
A proceeding
conducted under this section shall be
reported 16recorded by a court reporter
who is in simultaneous voice communication with all
17parties to the proceeding. Regardless of the physical location of any party to the call,
18any plea, waiver, stipulation, motion, objection, decision, order or other action taken
19by the court or any party shall have the same effect as if made in open court. With
20the exceptions of scheduling conferences, pretrial conferences, and, during hours the
21court is not in session, setting, review, modification of bail and other conditions of
22release under ch. 969, the if it is required to be reported under SCR 71.01 (2). The 23proceeding shall be conducted in a courtroom or other place reasonably accessible to
24the public
, with the exception of scheduling conferences, pretrial conferences, and,
25when the court is not in session, the setting, review, or modification of the conditions
1of release. Simultaneous access to the proceeding shall be provided to persons
2entitled to attend by means of a loudspeaker or, upon request to the court, by making
3a person party to the telephone call without charge.
SB82-SSA1,336
4Section
336. 967.08 (2) (intro.) of the statutes is renumbered 967.14 (3) and
5amended to read:
SB82-SSA1,100,116
967.14
(3) Requests and objections. The court may permit the following
7proceedings to be conducted under sub. (1) on the request of either party. The request
8and the opposing party's showing of good cause for not conducting the proceeding A
9party may make a request under sub. (1)
may be made by telephone.
The opposing
10party may show good cause by telephone for not conducting the proceeding under this
11section.
SB82-SSA1,337
12Section
337. 967.08 (2) (a) to (d) of the statutes are renumbered 967.14 (1) (a)
13to (d) and amended to read:
SB82-SSA1,100,1514
967.14
(1) (a) Initial appearance under
s. 970.01 subch. I of ch. 971 or pretrial
15conference.
SB82-SSA1,100,1616
(b) Waiver of preliminary examination under s.
970.03, 971.042.
SB82-SSA1,100,17
17(e) Waiver of a competency hearing under s.
971.14 (4) or 971.81 (4).
SB82-SSA1,100,18
18(f) Waiver of a jury trial under s.
972.02 (1) 972.005.
SB82-SSA1,100,1919
(c) Motions for extension of time
under ss. 970.03 (2), 971.10 or other statutes.
SB82-SSA1,100,2120
(d) Arraignment under s.
971.05 970.17, if the defendant intends to plead not
21guilty or to refuse to plead.
SB82-SSA1,338
22Section
338. 967.08 (3) (intro.) of the statutes is renumbered 967.14 (1) (g)
23(intro.) and amended to read:
SB82-SSA1,101,224
967.14
(1) (g) (intro.) Non-evidentiary proceedings on the following matters
25may be conducted under sub. (1) on request of either party. The request and the
1opposing party's showing of good cause for not conducting the proceeding under sub.
2(1) may be made by telephone.:
SB82-SSA1,339
3Section
339. 967.08 (3) (a) to (f) of the statutes are renumbered 967.14 (1) (g)
41. to 6. and amended to read:
SB82-SSA1,101,65
967.14
(1) (g) 1. Setting, review
, and modification of
bail and other conditions
6of release under
s. 974.09 or ch. 969.
SB82-SSA1,101,87
2. Motions for severance under s.
971.12 (3)
971.68 (2) or
consolidation joint
8trial of charges under s.
971.12 (4) 971.67.
SB82-SSA1,101,109
3. Motions for testing of physical evidence under s.
971.23 971.43 (5) or for
10protective orders under s.
971.23 971.43 (6).
SB82-SSA1,101,1211
4. Motions
under s. 971.31 directed to the sufficiency of the complaint or the
12affidavits supporting basis for the issuance of a warrant for arrest or search.
SB82-SSA1,101,1313
5. Motions in limine
, including those under s. 972.11 (2) (b).
SB82-SSA1,101,1514
6. Motions
to postpone, including those under s. 971.29 related to scheduling
15under subch. III of ch. 971.
SB82-SSA1,340
16Section
340. 967.09 of the statutes is renumbered 967.14 (6), and 967.14 (6)
17(title), as renumbered, is amended to read:
SB82-SSA1,101,1818
967.14
(6) (title)
Interpreters
may serve by telephone or video.
SB82-SSA1,341
19Section
341. 967.10 of the statutes is renumbered 967.23.
SB82-SSA1,342
20Section
342. 967.11 of the statutes is renumbered 970.16.
SB82-SSA1,343
21Section
343. 967.12 (3) of the statutes is created to read:
SB82-SSA1,101,2322
967.12
(3) If trial is waived, when the court accepts the defendant's plea of
23guilty or no contest.
SB82-SSA1,344
24Section
344. 967.13 (1) (a) and (b) of the statutes are created to read:
SB82-SSA1,101,2525
967.13
(1) (a) The initial appearance.
SB82-SSA1,102,1
1(b) Any proceeding at which a plea is entered or withdrawn.
SB82-SSA1,345
2Section
345. 967.13 (1) (i) of the statutes is created to read:
SB82-SSA1,102,33
967.13
(1) (i) Sentencing.
SB82-SSA1,346
4Section
346. 967.14 (1) (dm) of the statutes is created to read:
SB82-SSA1,102,55
967.14
(1) (dm) Entry of a plea other than one that results in a finding of guilt.
SB82-SSA1,347
6Section
347. 967.14 (2) of the statutes is created to read:
SB82-SSA1,102,87
967.14
(2) Criteria for good cause. In determining good cause under sub. (1),
8the court may consider the criteria under s. 885.56 (1).
SB82-SSA1,348
9Section
348. 967.14 (4) of the statutes is created to read:
SB82-SSA1,102,1210
967.14
(4) Pleas of guilty or no contest and sentencing. If the district
11attorney, the defendant, and defense counsel consent, the court may permit any of
12the following proceedings to be conducted by telephone:
SB82-SSA1,102,1313
(a) A proceeding to accept a plea of guilty or no contest.
SB82-SSA1,102,1414
(b) A sentencing proceeding.
SB82-SSA1,349
15Section
349. 967.21 (2) (title) of the statutes is created to read:
SB82-SSA1,102,1616
967.21
(2) (title)
Procedure.
SB82-SSA1,350
17Section
350. 967.21 (3) (title) of the statutes is created to read:
SB82-SSA1,102,1818
967.21
(3) (title)
Applicability of civil rules.
SB82-SSA1,351
19Section
351. 967.21 (4) (title) of the statutes is created to read:
SB82-SSA1,102,2020
967.21
(4) (title)
Attendance by defendant.
SB82-SSA1,352
21Section
352. 967.21 (5) (title) of the statutes is created to read:
SB82-SSA1,102,2222
967.21
(5) (title)
Use at trial or hearing.
SB82-SSA1,353
23Section
353. 967.21 (6) (title) of the statutes is created to read:
SB82-SSA1,102,2424
967.21
(6) (title)
Objections.
SB82-SSA1,354
25Section
354. 967.22 (title) of the statutes is created to read:
SB82-SSA1,103,1
1967.22 (title)
Deposition of a child by audiovisual means.
SB82-SSA1,355
2Section
355. 968.01 (title) of the statutes is renumbered 970.07 (title) and
3amended to read:
SB82-SSA1,103,4
4970.07 (title)
Complaint; contents and oath.
SB82-SSA1,356
5Section
356. 968.01 (1) (intro.), (a) and (b) of the statutes are renumbered
6970.07 (1) (intro.), (a) and (b).
SB82-SSA1,357
7Section
357. 968.01 (1) (c) of the statutes is repealed.
SB82-SSA1,358
8Section
358. 968.01 (2) of the statutes is renumbered 970.07 (2) and amended
9to read:
SB82-SSA1,103,1410
970.07
(2) The complaint
is
shall include a
written statement of the essential
11facts constituting the
offense crime charged
. A , signed by a person
may make a
12complaint on
whose knowledge, information
, and belief
the statement is based; the
13section of the statutes alleged to have been violated; and the maximum penalty
14prescribed for each crime charged.
SB82-SSA1,103,16
15(3) Except as provided in sub.
(3) or (4)
or (5), the complaint shall be made upon
16oath before a district attorney
or judge as provided in this chapter.
SB82-SSA1,359
17Section
359. 968.01 (3) of the statutes is renumbered 970.07 (4) and amended
18to read:
SB82-SSA1,103,2519
970.07
(4) A person may comply with sub. (2) if he or she makes the oath by
20telephone contact with the district attorney
or judge, signs the statement
, and
21immediately thereafter transmits a
copy facsimile of the signed statement to the
22district attorney
or judge using a facsimile machine. The person shall also transmit
23the original signed statement
, without using a facsimile machine, to the district
24attorney
or judge, who shall file it with the clerk. If the complaint is filed, both the
25original and the
copy facsimile shall be filed under s.
968.02 (2) 970.08.
SB82-SSA1,360
1Section
360. 968.01 (4) of the statutes is renumbered 970.07 (5) and amended
2to read:
SB82-SSA1,104,83
970.07
(5) A person may comply with sub. (2) if he or she makes the oath by
4telephone contact with the district attorney
or judge and immediately thereafter
5electronically transmits the statement, accompanied by the person's electronic
6signature, to the district attorney
or judge. If the complaint is filed, the electronically
7transmitted statement shall be incorporated into a criminal complaint filed in either
8an electronic or paper format under s.
968.02 (2)
970.08.
SB82-SSA1,361
9Section
361. Subchapter I (title) of chapter 968 [precedes 968.015] of the
10statutes is created to read:
SB82-SSA1,104,1312
subchapter I
13
Inquests
SB82-SSA1,362
14Section
362. 968.02 (title) and (1) of the statutes are renumbered 970.08 (title)
15and (1) and amended to read:
SB82-SSA1,104,22
16970.08 (title)
Issuance and filing of complaints Filing the complaint. 17(1) Except as otherwise provided in this section, a complaint charging a person with
18an offense shall be issued only by a Only the district attorney of the county where
19the a crime
is alleged to have been committed. A complaint is issued when it is
20approved for filing by the district attorney. The approval shall be in the form of a
21written endorsement on the complaint may be tried under s. 970.14 may file a
22complaint.
SB82-SSA1,363
23Section
363. 968.02 (2) of the statutes is repealed.
SB82-SSA1,364
24Section
364. 968.02 (3) of the statutes is repealed.
SB82-SSA1,365
25Section
365. 968.02 (4) of the statutes is repealed.
SB82-SSA1,366
1Section
366. 968.025 (title) of the statutes is created to read:
SB82-SSA1,105,2
2968.025 (title)
Inquest procedures.
SB82-SSA1,367
3Section
367. 968.025 (3) of the statutes is created to read:
SB82-SSA1,105,64
968.025
(3) Where conducted. An inquest may be held in any county in this
5state in which venue would lie for the trial of any offense that could be charged as
6the result of or involving the death.
SB82-SSA1,368
7Section
368. 968.025 (4) (title) of the statutes is created to read:
SB82-SSA1,105,88
968.025
(4) (title)
Jury selection.
SB82-SSA1,369
9Section
369. 968.025 (4) (e) of the statutes is created to read:
SB82-SSA1,105,1410
968.025
(4) (e) The court shall select the inquest jury by lot once a panel of at
11least 12 potential jurors has been qualified. If the inquest is likely to be protracted,
12the judge may select also one or more alternate jurors by lot. If more than 6 jurors
13remain after all of the evidence is presented, the court shall determine by lot which
14jurors will not participate in deliberations and discharge them.
SB82-SSA1,370
15Section
370. 968.03 (title) and (3) of the statutes are repealed.
SB82-SSA1,371
16Section
371. 968.03 (1) of the statutes is repealed.
SB82-SSA1,372
17Section
372. 968.03 (2) of the statutes is renumbered 969.20 (8) and amended
18to read:
SB82-SSA1,105,2419
969.20
(8) Withdrawal of warrant or summons and complaint. An unserved
20warrant or summons
and complaint in a case in which an initial appearance has not
21been held shall, at the request of the district attorney, be returned to the
judge who
22may dismiss the action. Such court, and the court shall dismiss the action. The 23request shall be in writing
, it and shall state the reasons
therefor in writing and shall
24be filed with the clerk for which it is made.