Amendment SSA1-SB82

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SB82-SSA1,719 Section 719. 971.225 (1) (b) of the statutes is repealed.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

SB82-SSA1,736 Section 736 . 971.31 (5) (b) and (c) of the statutes are consolidated, renumbered 971.65 (2) (b) and amended to read:

SB82-SSA1,223,20 971.65 (2) (b) In felony actions, motions to suppress evidence or motions under s. 971.23 971.43 or objections to the admissibility of statements of a defendant shall may not be made at a preliminary examination and not until an information has been filed. (c) In felony actions, objections Objections based on the insufficiency of the complaint shall be made prior to the preliminary examination or waiver thereof of the preliminary examination or be deemed waived.

SB82-SSA1,737 Section 737. 971.31 (6) of the statutes is renumbered 971.65 (5) and amended to read:

SB82-SSA1,224,5 971.65 (5) Custody after dismissal. If the court grants a motion to dismiss based upon a defect in the indictment, information commencement of the prosecution or in the complaint, or in the institution of the proceedings or information, it may , upon a showing that probable cause exists to believe that the defendant has committed a crime, order that the defendant be held in custody or that the defendant's bail be continued for not more than 72 48 hours pending issuance of a new summons or warrant or that the conditions of release be continued for a specified time pending the filing of a new indictment, information or complaint.

SB82-SSA1,738 Section 738. 971.31 (7) of the statutes is repealed.

SB82-SSA1,739 Section 739. 971.31 (8) of the statutes is repealed.

SB82-SSA1,740 Section 740. 971.31 (9) of the statutes is renumbered 967.15 and amended to read:

SB82-SSA1,224,11 967.15 Service upon defendant. A pleading or motion required to be served on a defendant may be served upon the defendant's attorney of record.

SB82-SSA1,741 Section 741. 971.31 (10) of the statutes is repealed.

SB82-SSA1,742 Section 742. 971.31 (11) of the statutes is renumbered 971.65 (6) and amended to read:

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.