AB130: Bill Text

AB130,395,6 970.035 Preliminary examination; child younger than 16 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child who was waived under s. 48.18 938.18 for a violation which is alleged to have occurred prior to his or her 16th 15th birthday, the court may bind the child over for trial only if there is probable cause to believe that a crime under s. 940.01 has been attempted or committed, that a crime under s. 161.41 (1), 940.02, 940.05, 940.06, 940.225 (1) or (2), 940.305, 940.31 or, 943.10 (2) or 943.32 (2) has been committed or that a crime that would constitute a felony under ch. 161 or under chs. 939 to 948 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child be discharged but proceedings may be brought regarding the child under ch. 48 938.

AB130, s. 622 Section 622. 971.105 of the statutes is amended to read:

AB130,395,16 971.105 Child victims and witnesses; duty to expedite proceedings. In all criminal and delinquency cases, juvenile fact-finding hearings under s. 48.31 and juvenile dispositional hearings under s. 48.335 involving a child victim or witness, as defined in s. 950.02, the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of the child's involvement in the proceeding. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.

AB130, s. 623 Section 623. 972.14 (3) of the statutes is amended to read:

AB130,395,22 972.14 (3) (a) Before pronouncing sentence in a felony case, the court shall also allow a victim or family member of a homicide victim to make a statement or submit a written statement to be read in court. The court may allow any other person to make or submit a statement under this paragraph. Any statement under this paragraph must be relevant to the sentence.

AB130,396,4 (b) After a conviction in a felony case, if the district attorney knows of a victim or family member of a homicide or felony murder victim, the district attorney shall attempt to contact that person to inform him or her of the right to make or provide a statement under par. (a). The district attorney may mail a letter or form to comply with this paragraph. Any failure to comply with this paragraph is not a ground for an appeal of a judgment of conviction or for any court to reverse or modify a judgment of conviction.

AB130, s. 624 Section 624. 973.013 (3m) of the statutes is amended to read:

AB130,396,22 973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), unless the department of health and social services, after consultation with the department of corrections, determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department of health and social services by rule. This subsection does not preclude the department of corrections from designating an adult correctional institution as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution under this subsection.

AB130, s. 625 Section 625. 976.08 of the statutes is amended to read:

AB130,397,2 976.08 Additional applicability. In this chapter, "prisoner" includes any person subject to an order under s. 48.366 938.183 or 938.366 who is confined to a Wisconsin state prison and any person subject to an order under s. 938.34 (4g) who is 17 years of age or older.

AB130, s. 626 Section 626. 977.02 (3) of the statutes is amended to read:

AB130,397,8 977.02 (3) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than children who are entitled to be represented by counsel under s. 48.23 or 938.23, including the time period in which the determination must be made and the criteria to be used to determine indigency and partial indigency.

AB130, s. 627 Section 627. 977.05 (4) (gm) of the statutes is amended to read:

AB130,397,15 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept referrals from judges and courts for the provision of legal services without a determination of indigency of children who are entitled to be represented by counsel under s. 48.23 or 938.23, appoint counsel in accordance with contracts and policies of the board and inform the referring judge or court of the name and address of the specific attorney who has been assigned to the case.

AB130, s. 628 Section 628. 977.05 (4) (h) of the statutes is amended to read:

AB130,397,22 977.05 (4) (h) Accept requests for legal services from children who are entitled to be represented by counsel under s. 48.23 or 938.23 and from indigent persons who are entitled to be represented by counsel under s. 967.06 or who are otherwise so entitled under the constitution or laws of the United States or this state and provide such persons with legal services when, in the discretion of the state public defender, such provision of legal services is appropriate.

AB130, s. 629 Section 629. 977.05 (4) (i) 5. of the statutes is amended to read:

AB130,397,25 977.05 (4) (i) 5. Cases involving children who are entitled to counsel or are provided counsel at the discretion of the court under s. 48.23 or 938.23.

AB130, s. 630 Section 630. 977.07 (1) (a) of the statutes is amended to read:

AB130,398,5 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3). No determination of indigency is required for a child who is entitled to be represented by counsel under s. 48.23 or 938.23.

AB130, s. 631 Section 631. 977.07 (1) (c) of the statutes is amended to read:

AB130,398,13 977.07 (1) (c) For all referrals made under ss. 809.30 and 974.06 (3) (b), except a referral of a child who is entitled to be represented by counsel under s. 48.23 or 938.23, a representative of the state public defender shall determine indigency, and may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the defendant's request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.

AB130, s. 632 Section 632. 977.07 (2) (a) of the statutes is amended to read:

AB130,400,3 977.07 (2) (a) The representative of the state public defender or the authority for indigency determinations specified under sub. (1) making a determination of indigency shall ascertain the assets of the person which exceed the amount needed for the payment of reasonable and necessary expenses incurred, or which must be incurred to support the person and the person's immediate family. The assets shall include disposable income, cash in hand, stocks and bonds, bank accounts and other property which can be converted to cash within a reasonable period of time and is not needed to hold a job, or to shelter, clothe and care for the person and the person's immediate family. Assets which cannot be converted to cash within a reasonable period of time, such as a person's home, car, household furnishings, clothing and other property which has been declared exempt from attachment or execution by law, shall be calculated to be assets equivalent in dollars to the amount of the loan which could be, in fact, raised by using these assets as collateral. Assets also include any money expended by the person to post bond to obtain release regarding the current alleged offense. If the person's assets, less reasonable and necessary living expenses, are not sufficient to cover the anticipated cost of effective representation when the length and complexity of the anticipated proceedings are taken fully into account, the person shall be determined to be indigent in full or in part. The determination of the ability of the person to contribute to the cost of legal services shall be based upon specific written standards relating to income, assets and the anticipated cost of representation. If found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66, 938.275 (2) or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. Payments for services of the state public defender or other counsel provided under this chapter made pursuant to this subsection shall be paid to the state public defender for deposit in the state treasury and credited to the appropriation under s. 20.550 (1) (ja). Under this subsection, reasonable and necessary living expenses equal the applicable payment amount under s. 49.19 (11) (a) 1. plus other specified, emergency or essential costs. The representative or authority making the determination of indigency shall consider any assets of the spouse of the person claiming to be indigent as if they were assets of the person, unless the spouse was the victim of a crime allegedly committed by the person.

AB130, s. 633 Section 633. 977.07 (2) (c) of the statutes is amended to read:

AB130,400,13 977.07 (2) (c) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23 or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under par. (a) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

AB130, s. 634 Section 634. 977.08 (2) (e) of the statutes is amended to read:

AB130,400,16 977.08 (2) (e) Cases involving children who are entitled to counsel or are provided counsel at the discretion of the court under s. 48.23 or 938.23.

AB130, s. 635 Section 635. 977.10 of the statutes is amended to read:

AB130,400,23 977.10 Reports on recoupment and repayment. On or before each January 15, the state public defender shall report to the joint committee on finance on the status of reimbursement for or recoupment of payments under ss. 48.275, 757.66, 938.275 and 977.07 (2). The department of justice, district attorneys, circuit courts and applicable county agencies shall cooperate by providing any necessary information to the state public defender.

AB130, s. 636 Section 636. 978.05 (6) (a) of the statutes is amended to read:

AB130,401,14 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ss. 17.14, 30.03 (2), 48.09 (1), (2) and (5), 48.18, 48.355 (6) (b) and (6g) (a), 59.073, 59.77, 70.36, 103.50 (8), 103.92 (4), 109.09, 161.55 (5), 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under ch. chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (2) or (5), that the corporation counsel provide representation as specified in s. 48.09 (2) or (5) or to designate, under s. 48.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14.

AB130, s. 637 Section 637. 980.015 (2) (b) of the statutes is amended to read:

AB130,401,19 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), of a person adjudicated delinquent under s. 48.34 938.34 on the basis of a sexually violent offense.

AB130, s. 638 Section 638. 980.02 (1) (b) 2. of the statutes is amended to read:

AB130,401,24 980.02 (1) (b) 2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole, release from imprisonment, from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.

AB130, s. 639 Section 639. 980.02 (2) (ag) of the statutes is amended to read:

AB130,402,7 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under s. 48.34 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

AB130, s. 640 Section 640. 980.02 (4) (am) of the statutes is amended to read:

AB130,402,13 980.02 (4) (am) The circuit court for the county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole, release from imprisonment, from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.

AB130, s. 641 Section 641. 980.02 (4) (b) of the statutes is amended to read:

AB130,402,18 980.02 (4) (b) The circuit court for the county in which the person is in custody under a sentence, a placement to a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a commitment order.

AB130, s. 642 Section 642. 980.04 (1) of the statutes is amended to read:

AB130,403,7 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be detained only if there is cause to believe that the person is eligible for commitment under s. 980.05 (5). A person detained under this subsection shall be held in a facility approved by the department. If the person is serving a sentence of imprisonment, is in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or is committed to institutional care, and the court orders detention under this subsection, the court shall order that the person be transferred to a detention facility approved by the department. A detention order under this subsection remains in effect until the person is discharged after a trial under s. 980.05 or until the effective date of a commitment order under s. 980.06, whichever is applicable.

AB130, s. 643 Section 643. 990.01 (3) of the statutes is amended to read:

AB130,403,12 990.01 (3) Adult. An adult is "Adult" means a person who has attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated any state or federal criminal law "adult" means a person who has attained the age of 17 years.

AB130, s. 644 Section 644. 990.01 (20) of the statutes is amended to read:

AB130,403,17 990.01 (20) Minor. A minor is "Minor" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law "minor" does not include a person who has attained the age of 17 years.

AB130, s. 9300 Section 9300. Initial applicability; general statement.

AB130,403,20 (1)  Except as otherwise provided in Sections 9310 and 9359, this act first applies to violations committed on the effective date of this subsection.

AB130, s. 9310 Section 9310. Initial applicability; circuit courts.

AB130,404,4 (1)  Adult court jurisdiction over children. The treatment of sections 938.18 (1) (a) 3., 938.183 (1) (b) and (c), 948.60 (2) (d) and 948.61 (4) of the statutes first applies to acts committed on the effective date of this subsection, but does not preclude the counting of a conviction or a waiver of jurisdiction under section 48.18 of the statutes obtained, or a criminal proceeding commenced, before the effective date of this subsection for the purpose of conferring jurisdiction over a child on a court of criminal jurisdiction under section 938.183 (1) (b) or (c) of the statutes, as created by this act.

AB130,404,8 (2)  Firearm possession penalties. The treatment of section 941.29 (2) of the statutes first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other offenses as prior offenses for purposes of sentencing a person.

AB130,404,10 (3)  Substitution of a judge. The treatment of section 938.29 (1g) of the statutes first applies to petitions filed on the effective date of this subsection.

AB130,404,12 (4)  No contest pleas. The treatment of section 938.30 (4) (bm) of the statutes first applies to pleas entered on the effective date of this subsection.

AB130,404,17 (5)  Attendance at hearings, victim statements, court reports and disclosure of information to public. The treatment of sections 120.12 (18), 938.299 (1) (a), (am) and (ar), 938.32 (1) (b) 1., 938.33 (3) (intro.), (4) (intro.), (4m) (intro.) and (a) and (5), 938.335 (3m) (a), 938.396 (2m) and 972.14 (3) (a) of the statutes first applies to hearings held on the effective date of this subsection.

AB130,404,23 (6)  Violations of dispositional orders. The treatment of sections 301.135 (1) and (3m), 938.17 (2) (d) (with respect to failure to pay a forfeiture) and (h), 938.23 (1) (am), 938.34 (8) (with respect to failure to pay a forfeiture), 938.343 (2) (with respect to failure to pay a forfeiture) and 938.355 (6) (a), (am), (b) and (d) (intro.), 1. and 4., (6d) and (6g) (a) and (b) 1. of the statutes first applies to orders entered on the effective date of this subsection.

AB130,404,25 (7)  Absconders. The treatment of section 946.50 of the statutes first applies to children who are adjudicated delinquent on the effective date of this subsection.

AB130,405,3 (8)  Child custody hearings. The treatment of sections 938.208 (5), 938.21 (1) (a) and 938.534 (1) of the statutes first applies to children who are taken into custody or who enter a runway home on the effective date of this subsection.

AB130,405,7 (9)  Deferred prosecution agreements and consent decrees. The treatment of sections 938.245 (2) (b) and (2m) and 938.32 (2) (a) and (b) of the statutes first applies to deferred prosecution agreements and consent decrees entered into on the effective date of this subsection.

AB130,405,10 (10)  Time limits in juvenile proceedings. The treatment of sections 938.24 (5), 938.245 (7), 938.25 (2), 938.315 (1) (c) and (3) and 938.365 (6) of the statutes first applies to time periods beginning on the effective date of this subsection.

AB130, s. 9359 Section 9359. Initial applicability; other.

AB130,405,14 (1)  Reimbursement of counties. The treatment of sections 16.51 (7), 20.410 (1) (c), 20.435 (3) (c), 48.36 (2), 59.175, 119.04 (1) and 120.12 (24) of the statutes first applies to expenses incurred on the effective date of this subsection.

AB130, s. 9400 Section 9400. Effective dates.

AB130,405,17 (1)  This act takes effect on December 1, 1995, or on the day after publication, whichever is later.

AB130,405,18 (End)