AB302: Bill Text

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB302, s. 1 Section 1. 758.19 (5) (a) 5. of the statutes is amended to read:

AB302,3,4 758.19 (5) (a) 5. Fees for witnesses or expert witnesses subpoenaed by the court at the request of the district attorney, coroner or medical examiner or an attorney for a relative of the decedent under s. 979.06 (1) and (2).

AB302, s. 2 Section 2. 978.045 (1g) of the statutes is amended to read:

AB302,4,5 978.045 (1g) A court on its own motion or on a motion under s. 979.05 (1m) (c) may appoint a special prosecutor under sub. (1r) or a district attorney may request a court to appoint a special prosecutor under that subsection. Before a court appoints a special prosecutor on its own motion, on a motion under s. 979.05 (1m) (c) or at the request of a district attorney for an appointment that exceeds 6 hours per case, the court or district attorney shall request assistance from a district attorney, deputy district attorney or assistant district attorney from other prosecutorial units or an assistant attorney general. A district attorney requesting the appointment of a special prosecutor, or a court if the court is appointing a special prosecutor on its own motion or on a motion under s. 979.05 (1m) (c), shall notify the department of administration, on a form provided by that department, of the district attorney's or the court's inability to obtain assistance from another prosecutorial unit or from an assistant attorney general.

AB302, s. 3 Section 3. 978.045 (1r) (intro.) of the statutes is amended to read:

AB302,4,15 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the record stating the cause therefor, may appoint an attorney as a special prosecutor to perform, for the time being, for an inquest under s. 979.04 (1m) or for the trial of the accused person, the duties of the district attorney. An attorney appointed under this subsection shall have all of the powers of the district attorney. The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury or John Doe proceedings or in investigations. The judge may appoint an attorney as a special prosecutor if any of the following conditions exists:

AB302, s. 4 Section 4. 978.045 (1r) (i) of the statutes is created to read:

AB302,4,20 978.045 (1r) (i) The district attorney cannot, or it appears that he or she cannot, discharge his or her responsibilities relating to an inquest required under s. 979.04 (1m) or act in an impartial manner in conducting an inquest required under s. 979.04 (1m).

AB302, s. 5 Section 5. 979.04 (1) of the statutes is amended to read:

AB302,5,10 979.04 (1) If Except as provided in sub. (1m), 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 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 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.

AB302,5,12 (4) An inquest may only be ordered by the district attorney under this subsection sub. (1) or (1m) or by the circuit judge under sub. (2) (a).

AB302, s. 6 Section 6. 979.04 (1m) of the statutes is created to read:

AB302,5,17 979.04 (1m) If the district attorney has notice of the death of any person and there is any evidence that the person's death was caused by an act of a law enforcement officer, the district attorney shall order that an inquest be conducted for the purpose of inquiring how the person died.

AB302, s. 7 Section 7. 979.04 (2) of the statutes is renumbered 979.04 (2) (a).

AB302, s. 8 Section 8. 979.04 (2) (b) of the statutes is created to read:

AB302,5,25 979.04 (2) (b) If the coroner or medical examiner has knowledge of the death of any person under the circumstances described under sub. (1m), he or she shall immediately notify the district attorney. The notification shall include information concerning the circumstances surrounding the death. Upon receiving notification from a coroner or medical examiner under this paragraph, the district attorney shall order an inquest under sub. (1m).

AB302, s. 9 Section 9. 979.05 (1) of the statutes is amended to read:

AB302,6,4 979.05 (1) An inquest shall be conducted by a circuit judge or a court commissioner. 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.

AB302, s. 10 Section 10. 979.05 (1m) of the statutes is created to read:

AB302,6,8 979.05 (1m) (a) Except as provided in par. (b), the district attorney shall appear in an inquest under s. 979.04 (1) or (1m) and shall represent the state in presenting all evidence which may be relevant or material to the inquiry of the inquest.

AB302,6,13 (b) A circuit court may appoint a special prosecutor under s. 978.045 to order or appear and represent the state in an inquest required under s. 979.04 (1m) if the court determines that, for any reason, the district attorney cannot, or it appears he or she cannot, discharge his or her responsibilities under par. (a) or act in an impartial manner in conducting the inquest.

AB302,6,16 (c) An attorney for a relative of a decedent who is authorized to appear under sub. (1r) may make a motion in the circuit court for appointment of a special prosecutor under par. (b).

AB302, s. 11 Section 11. 979.05 (1r) of the statutes is created to read:

AB302,6,19 979.05 (1r) (a) In this subsection, "relative" means a spouse, child, stepchild, parent, grandparent, stepparent, brother, stepbrother, sister or stepsister.

AB302,6,25 (b) A relative of a decedent whose death is being investigated at an inquest under s. 979.04 (1m) may be represented by an attorney of his or her own choosing at the inquest proceedings. The relative's attorney may request the court to subpoena witnesses under s. 979.06 (1) and (2), examine and cross-examine any witness presenting evidence at the inquest and argue before the judge or court commissioner holding the inquest.

AB302, s. 12 Section 12. 979.05 (2) of the statutes is amended to read:

AB302,7,5 979.05 (2) The An inquest under s. 979.04 (1) shall be conducted before a jury unless the district attorney, coroner or medical examiner requests that the inquest be conducted before the judge or court commissioner only. An inquest under s. 979.04 (1m) shall be conducted before a jury.

AB302,7,20 (2m) If the inquest is to be conducted before a jury, 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 court commissioner conducting the inquest shall summon the prospective jurors to appear before the judge or court commissioner at the time fixed in the summons. The summons may be served by mail, or by personal service if the judge, 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. Any person who fails to appear when summoned as an inquest juror is subject to a forfeiture of not more than $40. The inquest jury shall consist of 6 jurors. If 6 jurors do not remain from the number originally summoned after establishment of qualifications, the judge or court commissioner conducting the inquest may require the clerk of the circuit court to select sufficient additional jurors' names. Those persons shall be summoned forthwith by the sheriff of the county.

AB302, s. 13 Section 13. 979.05 (6) of the statutes is amended to read:

AB302,7,25 979.05 (6) The judge or court commissioner conducting the an inquest under s. 979.04 (1) may order that proceedings be secret if the district attorney so requests or concurs. Proceedings of an inquest under s. 979.04 (1m) may not be conducted in secret.

AB302, s. 14 Section 14. 979.06 (1) of the statutes is amended to read:

AB302,8,7 979.06 (1) The judge or court commissioner may issue subpoenas for witnesses at the request of the coroner or medical examiner and shall issue subpoenas for witnesses requested by the district attorney or an attorney representing a relative of the decedent under s. 979.05 (1r). Subpoenas are returnable at the time and place stated therein. Persons who are served with a subpoena may be compelled to attend proceedings in the manner provided in s. 885.12.

AB302, s. 15 Section 15. 979.06 (2) of the statutes is amended to read:

AB302,8,17 979.06 (2) The judge or court commissioner conducting the inquest, an attorney representing a relative of the decedent under s. 979.05 (1r) and the district attorney may require by subpoena the attendance of one or more expert witnesses, including physicians, surgeons and pathologists, for the purposes of conducting an examination of the body and all relevant and material scientific and medical tests connected with the examination and testifying as to the results of the examination and tests. The expert witnesses so subpoenaed shall receive reasonable fees determined by the district attorney or attorney representing a relative, whichever is applicable, and the judge or court commissioner conducting the inquest.

AB302, s. 16 Section 16. 979.07 (1) (a) of the statutes is amended to read:

AB302,9,4 979.07 (1) (a) If a person refuses to testify or to produce books, papers or documents when required to do so before an inquest for the reason that the testimony or evidence required of the person may tend to incriminate him or her or subject him or her to a forfeiture or penalty, the person may be compelled to testify or produce the evidence by order of the circuit court of the county in which the inquest is convened on motion of the district attorney or an attorney representing a relative of the decedent under s. 979.05 (1r). A person who testifies or produces evidence in obedience to the command of the court in that case is not subject to any forfeiture or penalty for or on account of testifying or producing evidence, except the person is subject to prosecution and punishment for perjury or false swearing committed in so testifying.

AB302, s. 17 Section 17. 979.09 of the statutes is amended to read:

AB302,9,14 979.09 Burial of body. If any judge or 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 (2) (a), 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.

AB302, s. 18 Section 18. 979.10 (2) of the statutes is amended to read:

AB302,9,25 979.10 (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 (2) (a) or (b), whichever is applicable.

AB302, s. 19 Section 19. Initial applicability.

AB302,10,5 (1) The treatment of sections 978.045 (1g) and (1r) (intro.) and (i), 979.05 (1m), (1r), (2) and (6), 979.06 (1) and (2) and 979.07 (1) (a) of the statutes first applies to inquests ordered under section 979.04 of the statutes, as affected by this act, on the effective date of this subsection.

AB302,10,6 (End)