Amendment SSA1-SB82

SB82-SSA1,931 Section 931. 979.04 of the statutes is renumbered 968.015 and amended to read:

SB82-SSA1,281,21 968.015 Inquests: when When inquests may be called. (1) If the district attorney has notice of the death of any person and there is reason to believe from the circumstances surrounding the death that the person was a victim of felony murder, first-degree or 2nd-degree intentional homicide, first-degree or 2nd-degree reckless homicide, homicide by negligent handling of dangerous weapon, explosives, or fire, homicide by negligent operation of vehicle, homicide resulting from negligent control of a vicious animal or, homicide by intoxicated user use of a vehicle or firearm may have been committed, or that death may have been due to suicide or the person died under unexplained or suspicious circumstances, the district attorney may order that an inquest be conducted for the purpose of inquiring how the person died. The district attorney shall appear in any such inquest representing the state in presenting all evidence which may be relevant or material to the inquiry of the inquest. The inquest may be held in any county in this state in which venue would lie for the trial of any offense charged as the result of or involving the death.

SB82-SSA1,281,23 (4) An inquest may only be ordered only by the district attorney acting under this subsection sub. (1) or by the circuit judge under sub. (2).

SB82-SSA1,282,7 (2) If the coroner or medical examiner has knowledge of the death of any knows that a person has died in the manner or under the circumstances described under in sub. (1), he or she shall immediately notify the district attorney. The notification shall include information concerning the circumstances surrounding the death. The coroner or medical examiner may request the district attorney to order an inquest under sub. (1). If the district attorney refuses to order the inquest, a the coroner or medical examiner may petition the circuit court to order an inquest. The court may issue the order if it finds that the district attorney has abused his or her discretion in not ordering an inquest.

SB82-SSA1,282,13 (3) Subsequent to receipt of After receiving notice of the death, the district attorney may request the coroner or medical examiner to conduct a preliminary investigation and report back to the district attorney. The district attorney may determine the scope of the preliminary investigation. This subsection does not limit or prevent any other investigation into the death by any law enforcement agency with jurisdiction over the investigation.

SB82-SSA1,932 Section 932. 979.05 (title) of the statutes is repealed.

SB82-SSA1,933 Section 933. 979.05 (1) of the statutes is renumbered 968.025 (1) and amended to read:

SB82-SSA1,282,18 968.025 (1) By whom conducted. An inquest shall be conducted by a circuit A judge or a circuit court commissioner shall conduct each inquest.

SB82-SSA1,934 Section 934. 979.05 (2) of the statutes is renumbered 968.025 (2) and amended to read:

SB82-SSA1,282,23 968.025 (2) Before whom conducted. The inquest shall be conducted before a jury unless the district attorney, coroner, or medical examiner requests that the inquest be conducted before the judge or circuit court commissioner only.

SB82-SSA1,283,9 (4) (a) If the inquest is to be conducted before a jury, the clerk shall select, in the manner provided in s. 756.06 (1), a sufficient number of names of prospective jurors shall be selected from the prospective juror list for the county in which the inquest is to be held by the clerk of circuit court in the manner provided in s. 756.06. The judge or circuit court commissioner conducting the inquest shall summon the prospective jurors to appear before the judge or circuit court commissioner at the time fixed in the summons. The summons may be served by mail, or by personal service if the judge, circuit court commissioner, or district attorney determines personal service to be appropriate. The summons shall be in the form used to summon petit jurors in the circuit courts of the county to ensure that the jury consists of 6 members.

SB82-SSA1,283,12 (b) Any person who fails to appear when summoned as an inquest juror is subject to a forfeiture of shall forfeit not more than $40. The inquest jury shall consist of 6 jurors. If 6 jurors do not remain

SB82-SSA1,283,18 (d) If, after all prospective jurors have been examined, fewer than 12 remain from the number originally summoned after establishment of qualifications, the judge or circuit court commissioner conducting the inquest may require shall direct the clerk of the circuit court to select to draw sufficient additional jurors' names. Those persons shall be summoned forthwith by the The sheriff of the county shall summon those persons immediately.

SB82-SSA1,935 Section 935. 979.05 (3) of the statutes is renumbered 968.025 (4) (c) and amended to read:

SB82-SSA1,284,9 968.025 (4) (c) The judge or circuit court commissioner shall examine on oath or affirmation each person who is called as a juror to discover whether the juror is related by blood, or marriage or adoption to the decedent, any member of the decedent's family, the district attorney, any other attorney appearing in the case, or any members of the office of the district attorney or of the office of any other attorney appearing in the case, has expressed or formed any opinion regarding the matters being inquired into in the inquest, or is aware of or has any bias or prejudice concerning the matters being inquired into in the inquest. If any prospective juror is found The court shall excuse any prospective juror whom it finds to be not indifferent or is found to have formed an opinion which that cannot be laid aside, that juror shall be excused. The judge or circuit commissioner may select one or more alternate jurors if the inquest is likely to be protracted. This subsection paragraph does not limit the right of the district attorney to supplement the judge's or circuit commissioner's examination of any prospective jurors as to qualifications.

SB82-SSA1,936 Section 936. 979.05 (4) of the statutes is renumbered 968.025 (5) and amended to read:

SB82-SSA1,284,14 968.025 (5) Oath. When 6 After the jurors have been selected, the judge or circuit court commissioner shall administer to them an oath or affirmation which shall be substantially in the following form:

SB82-SSA1,284,20 You do solemnly swear (affirm) that you will diligently inquire and determine on behalf of this state when, and in what manner and by what means, the person known as .... .... who is now dead came to his or her death and that you will return a true verdict thereon according to your knowledge, according to the evidence presented, and according to the instructions given to you by the .... (judge) (circuit court commissioner).

SB82-SSA1,937 Section 937. 979.05 (5), (6) and (7) of the statutes are renumbered 968.025 (6), (7) and (8) and amended to read:

SB82-SSA1,285,6 968.025 (6) Role of district attorney. Prior to the submission of evidence to the jury, the judge or circuit court commissioner may instruct the jury on its duties and on the substantive law regarding the issues which may be inquired into before the jury The district attorney shall appear in each inquest, represent the state, and present all evidence that may be relevant or material to the inquiry of the inquest. The district attorney may, at any time during the course of the inquest, make statements to the jury relating to procedural or evidentiary matters he or she and the judge or circuit court commissioner deem appropriate. Section 972.12 applies to the conduct of the inquest jury.

SB82-SSA1,285,9 (7) Secrecy and sequestration. The judge or circuit court commissioner conducting the inquest may order that proceedings be secret if the district attorney so requests or concurs and may sequester the inquest jury under s. 972.05.

SB82-SSA1,285,11 (8) Juror compensation. Inquest jurors shall receive the same compensation as jurors under s. 756.25.

SB82-SSA1,938 Section 938. 979.06 (title), (1), (2) and (5) of the statutes are repealed.

SB82-SSA1,939 Section 939. 979.06 (3), (4) and (6) of the statutes are renumbered 968.035 (1), (2) and (3), and 968.035 (1) and (2), as renumbered, are amended to read:

SB82-SSA1,285,19 968.035 (1) Any witness examined at an inquest may have counsel present during the examination of that witness. The counsel may consult with a client during the examination of that client. The counsel may not examine or cross-examine his or her client, cross-examine or call other witnesses, or argue before the judge or circuit court commissioner holding the inquest.

SB82-SSA1,285,21 (2) The judge or circuit court commissioner shall administer an oath or affirmation to each witness which shall be substantially in the following form:

SB82-SSA1,285,25 You do solemnly swear (affirm) that the evidence and testimony you give to this inquest concerning the death of the person known as .... .... shall be the truth, the whole truth and nothing but the truth and shall cause the testimony given by all witnesses to be reduced to writing or recorded.

SB82-SSA1,940 Section 940. 979.07 of the statutes is repealed.

SB82-SSA1,941 Section 941. 979.08 (title) of the statutes is renumbered 968.055 (title).

SB82-SSA1,942 Section 942. 979.08 (1) of the statutes is renumbered 968.055 (1) and amended to read:

SB82-SSA1,286,8 968.055 (1) When the Before submitting evidence is concluded and the testimony closed to the jury in an inquest, the judge or circuit court commissioner shall may instruct the jury on its duties and on the substantive law regarding the issues that may be inquired into before the jury. The

SB82-SSA1,286,18 (2) After all of the evidence is presented, the district attorney shall prepare a written set of appropriate requested instructions and shall submit them to the judge or circuit court commissioner who, together with the district attorney, a written set of proposed instructions on the jury's duties and on the substantive law regarding the issues inquired into before the jury. The judge shall compile the final set of instructions which shall be given. The instructions shall include those instructions for criminal offenses for which the judge or circuit court commissioner believes a reasonable jury might return a verdict based upon a finding of probable cause. The judge shall use the final instructions to instruct the jury and shall provide the jury with one complete set of them.

SB82-SSA1,943 Section 943. 979.08 (2) of the statutes is repealed.

SB82-SSA1,944 Section 944. 979.08 (3) (intro.) and (4) of the statutes are consolidated, renumbered 968.055 (3) (intro.) and amended to read:

SB82-SSA1,287,6 968.055 (3) (intro.) The jury shall retire to consider its verdict after hearing all of the testimony and evidence, making all necessary inquiries, and having been instructed in the law. The judge or circuit court commissioner shall provide the jury with one complete set of written instructions providing the substantive law to be applied to the issues to be decided. The verdict shall be in a form which permits the following findings: (4) The jury shall render its verdict shall be based upon a finding of probable cause, be unanimous, and be rendered in writing, signed by all of its members of the jury. The verdict shall set forth its the jury's findings from the evidence produced according to the instructions. The verdict shall be in a form that permits the following findings:

SB82-SSA1,945 Section 945. 979.08 (3) (a) of the statutes is renumbered 968.055 (3) (b) and amended to read:

SB82-SSA1,287,11 968.055 (3) (b) Whether the deceased came to his or her death by criminal means died as a result of a crime and, if so, the specific crimes committed and the name of the person or persons, if known, having who committed the crimes.

SB82-SSA1,946 Section 946. 979.08 (3) (b) of the statutes is renumbered 968.055 (3) (a) and amended to read:

SB82-SSA1,287,15 968.055 (3) (a) Whether the deceased came to his or her death by natural causes, accident, suicide, or an act privileged by law.

SB82-SSA1,947 Section 947. 979.08 (5) of the statutes is renumbered 968.055 (4) and amended to read:

SB82-SSA1,287,20 968.055 (4) The inquest jury's verdict delivered by the inquest jury is advisory and does not preclude or require the issuance of any criminal charges by the district attorney.

SB82-SSA1,948 Section 948. 979.08 (6) of the statutes is renumbered 968.055 (5) and amended to read:

SB82-SSA1,288,3 968.055 (5) Any verdict so rendered under sub. (4), after being validated and signed by the judge or circuit court commissioner, together with the record of the inquest, shall be delivered to the district attorney for consideration. After considering the verdict and record, the district attorney may deliver the entire inquest record or any part thereof of the record to the coroner or medical examiner for safekeeping.

SB82-SSA1,949 Section 949. 979.08 (7) of the statutes is renumbered 968.055 (6) and amended to read:

SB82-SSA1,288,8 968.055 (6) The Except as provided in s. 971.43, the record of a secret inquest proceeding shall is not be open for inspection unless so ordered by the judge or circuit court commissioner conducting the inquest upon petition by the district attorney.

SB82-SSA1,950 Section 950. 979.09 of the statutes is amended to read:

SB82-SSA1,288,18 979.09 Burial of body. If any judge or circuit court commissioner conducts an inquest as to the death of a stranger or of a person whose identity is unknown or whose body is unclaimed or if the district attorney determines that no inquest into the death of such a person is necessary and the circuit judge has not ordered an inquest under s. 979.04 968.015 (2), the coroner or medical examiner shall cause the body to be decently buried or cremated and shall certify to all the charges incurred in taking any inquest by him or her and to the expenses of burial or cremation of the dead body. The charges and expenses shall be audited by the county board of the proper county and paid out of the county treasury.

SB82-SSA1,951 Section 951. 979.10 (2) of the statutes is amended to read:

SB82-SSA1,289,4 979.10 (2) If a corpse is to be cremated, the coroner or medical examiner shall make a careful personal inquiry into the cause and manner of death, and conduct an autopsy or order the conducting of an autopsy, if in his or her or the district attorney's opinion it is necessary to determine the cause and manner of death. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary he or she shall certify that fact. Upon written request by the district attorney the coroner or medical examiner shall obtain the concurrence of the district attorney before issuing the certification. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the district attorney under s. 979.04 968.015 (2).

SB82-SSA1,952 Section 952. 979.11 of the statutes is amended to read:

SB82-SSA1,289,14 979.11 Compensation of officers. The sole compensation of the coroner and deputy coroners for attendance at an inquest and for any preliminary investigation under this chapter ch. 968 at the direction of the district attorney shall be a reasonable sum set by the county board for each day actually and necessarily required for the purpose, and a sum set by the county board for each mile actually and necessarily traveled in performing the duty. Any coroner or deputy coroner may be paid an annual salary and allowance for traveling expenses to be established by the county board under s. 59.22 which shall be in lieu of all fees, per diem, and compensation for services rendered.

SB82-SSA1,953 Section 953. 979.22 of the statutes is amended to read:

SB82-SSA1,289,20 979.22 Autopsies and toxicological services by medical examiners. A medical examiner may perform autopsies and toxicological services not required under this chapter or under subch. I of ch. 968 and may charge a fee established by the county board for such autopsies and services. The fee may not exceed an amount reasonably related to the actual and necessary cost of providing the service.

SB82-SSA1,954 Section 954. 980.015 (2) (c) of the statutes is amended to read:

SB82-SSA1,290,2 980.015 (2) (c) The anticipated release of a person on conditional release under s. 971.17 971.85, the anticipated termination of a commitment order under 971.17 s. 971.85, or the anticipated discharge of a person from a commitment order under s. 971.17 971.85, if the person has been found not guilty of a sexually violent offense by reason of mental disease or defect.

SB82-SSA1,955 Section 955. 980.031 (4) of the statutes is amended to read:

SB82-SSA1,290,12 980.031 (4) If a party retains or the court appoints a licensed physician, licensed psychologist, or other mental health professional to conduct an examination under this chapter of the person's mental condition, the examiner shall have reasonable access to the person for the purpose of the examination, as well as to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient health care records as provided under s. 146.82 (2) (cm), past and present juvenile records, as provided under ss. 48.396 (6), 48.78 (2) (e), 938.396 (10), and 938.78 (2) (e), and the person's past and present correctional records, including presentence investigation reports under s. 972.15 973.004 (6).

SB82-SSA1,956 Section 956. 980.036 (2) (c) of the statutes is amended to read:

SB82-SSA1,290,16 980.036 (2) (c) Evidence obtained in the manner described under s. 968.31 968.345 (2) (b), if the prosecuting attorney intends to use the evidence at the trial or proceeding.

SB82-SSA1,957 Section 957. 980.036 (6) of the statutes is amended to read:

SB82-SSA1,291,2 980.036 (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 prosecuting attorney or the attorney for a person subject to this chapter certifies that listing a witness under sub. (2) (e) or (3) (a) 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 under s. 967.04 (2) to (6) 967.21. 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-SSA1,958 Section 958. 995.50 (7) of the statutes is amended to read:

SB82-SSA1,291,6 995.50 (7) No action for invasion of privacy may be maintained under this section if the claim is based on an act which is permissible under ss. s. 196.63 or 968.27 to 968.373 under subch. IV of ch. 968.

SB82-SSA1,959 Section 959. Initial applicability.

SB82-SSA1,291,9 (1) This act first applies to prosecutions commenced on the effective date of this subsection.

SB82-SSA1,291,11 (2) This act first applies to proceedings, commitments, and requirements related to offenses committed on the effective date of this subsection.

SB82-SSA1,960 Section 960. Effective date.

SB82-SSA1,291,14 (1) This act takes effect on March 1, 2017, or on the day after publication, whichever is later.

SB82-SSA1,291,15 (End)