AB383: Bill Text

LRB-0031/1

PJH&CMH:cjs&kjf:jf

2013 - 2014 LEGISLATURE

2013 Assembly BILL 383

September 20, 2013 - Introduced by Representative J. Ott, by request of Wisconsin Judicial Council. Referred to Committee on Judiciary.

AB383,9,25 An Act to repeal 758.19 (5) (a) 5., 940.49, 967.02 (title), 967.02 (3) and (4), 967.02 (8), 967.03, 967.05 (1) (b) and (c), 967.05 (2) and (3), 967.06 (title), 967.06 (2) (b), 967.07, 967.08 (2) (d), 968.01 (1) (c), 968.02 (2), 968.02 (3), 968.02 (4), 968.03 (title) and (3), 968.03 (1), 968.04 (1) (a), 968.04 (2) (title), 968.04 (2) (c), 968.04 (3) (title), 968.04 (3) (a) 8., 968.04 (3) (b) 3. a., 968.04 (3) (b) 3. b. (intro.), 968.04 (3) (b) 4., 968.06, 968.085 (2) (a) to (f), 968.09 (2), 968.12 (3) (e), 969.001 (2), 969.01 (2) (title), 969.02 (title), (1), (2), (3) (a), (b), (c) and (d), (4), (4m), (5), (7), (7m) and (8), 969.03, 969.05, 969.08 (1), (2), (3) and (4), 969.09 (title), (1) and (3), 969.13, 969.14, 970.01 (title), 970.01 (2), 970.02 (title), 970.02 (1) (intro.), 970.02 (1) (c), 970.02 (3), 970.02 (4), 970.02 (5), 970.03 (title), (1), (2), (3), (5), (7), (8), (9), (10), (13) and (14), 970.032 (title), 970.035, 970.038, 970.04, 970.05, 971.01, 971.02, 971.04 (1) (a), 971.05, 971.06 (1) (d), 971.06 (2), 971.06 (3), 971.07, 971.08 (3), 971.14 (title), 971.14 (1g), 971.14 (1r) (title), 971.14 (1r) (c), 971.14 (2) (title), 971.14 (2) (am), 971.14 (3) (dm) 1. and 2., 971.14 (4) (title), 971.14 (4) (b), 971.14 (4) (c), 971.14 (4) (d), 971.14 (5) (title), 971.14 (6) (title), 971.14 (6) (a), 971.16 (1), 971.16 (3) (a), 971.16 (3) (b), 971.17 (1j) (title), 971.17 (1m) (title), 971.17 (2) (title), 971.17 (3) (title), 971.17 (4m), 971.17 (6m) (title), 971.17 (6m) (a) 1., 971.17 (6m) (b), 971.17 (6m) (c), 971.17 (7) (d), 971.20 (3), 971.225 (1) (b), 971.23 (title), 971.23 (2m) (a), 971.23 (2m) (am), 971.23 (5c) (title), 971.23 (6c) (title), 971.23 (7m) (b), 971.23 (8) (b), 971.23 (8) (c), 971.23 (8) (e), 971.23 (10) (title), 971.29 (3), 971.30 (title) and (1), 971.31 (title), 971.31 (1), 971.31 (5), 971.31 (7), 971.31 (8), 972.02 (title), 972.04 (2), 972.09, 972.10 (1) (a) (intro.), 972.10 (1) (a) 2., 972.10 (2), 972.10 (3), 972.10 (4), 972.10 (6), 972.115 (title), 972.13 (title), 972.13 (6), 972.13 (7), 972.14 (1) (ag), 973.049 (1) (b), 973.20 (1g), 974.05 (3), 975.001, 975.01, 975.06, 975.07, 975.08, 975.09, 975.10, 975.11, 975.12, 975.15, 975.16, 975.17, 975.18, 979.05 (title), 979.06 (title), (1), (2) and (5), 979.07 and 979.08 (2); to renumber 967.02 (intro.), 967.02 (5), 967.057, 967.06 (3), 967.08 (title), 967.10, 967.11, 968.01 (1) (intro.), (a) and (b), 968.01 (4), 968.04 (2) (b), 968.04 (3) (b) (title), 968.075 (title), 968.075 (1), 968.075 (2) (ar), 968.075 (2) (b), 968.075 (3), 968.075 (4), 968.075 (6) to (9), 968.085 (3) (intro.), 968.085 (3) (c), 968.085 (6), 968.12 (4), 968.13 (1) (b), (c) and (d), 968.135 (title), 968.17, 968.18, 968.20 (title), 968.20 (1r), 968.21, 968.22, 968.23, 968.24, 968.255 (title), 968.255 (5), 968.265, 968.27 (2), 968.27 (5), 968.27 (8), 968.27 (12) and (13), 968.27 (14), 968.27 (14g), 968.27 (15), 968.27 (17), 968.33, 968.505 (title), 969.01 (title), 969.01 (2) (e), 969.08 (5) (a), 969.08 (5) (b) 2., 969.08 (5) (b) 5., 969.08 (6), 969.08 (9), 969.08 (10), 969.12, 970.02 (7), 970.02 (8), 970.032 (2) (a), (b) and (c), 971.04 (title), 971.12 (title), 971.14 (1r) (a), 971.14 (2) (f), 971.14 (3) (a) and (b), 971.16 (title), 971.165 (title), 971.17 (title), 971.17 (1j) (a), 971.17 (4) (title), 971.17 (5) (title), 971.17 (6m) (a) 2., 971.17 (6m) (a) 3., 971.17 (7) (title), 971.17 (7m), 971.225 (title), 971.23 (1) (c), 971.23 (1) (h), 971.23 (5c), 971.23 (8) (title), 971.23 (10), 971.26, 971.32, 971.34, 971.36, 971.365, 972.10 (title), 972.11 (title), 972.13 (4), 973.18 (title), 973.18 (5), 973.19 (title) and 979.08 (title); to renumber and amend 801.50 (5t), 967.02 (1), 967.02 (2), 967.02 (6), 967.02 (7), 967.04 (title), (1), (2), (3), (4), (5) and (6), 967.04 (7) (a), 967.04 (7) (b), 967.04 (8), 967.04 (9), 967.04 (10), 967.05 (title), 967.055, 967.08 (1), 967.08 (2) (intro.), 967.08 (2) (a) to (c), 967.08 (3) (intro.), 967.08 (3) (a) to (f), 967.09, 968.01 (title), 968.01 (2), 968.01 (3), 968.02 (title) and (1), 968.03 (2), 968.04 (title), 968.04 (1) (intro.), 968.04 (1) (b), 968.04 (1) (c), 968.04 (1) (d), 968.04 (2) (a), 968.04 (3) (a) (intro.), 968.04 (3) (a) 1. to 6., 968.04 (3) (a) 7., 968.04 (3) (b) 1., 968.04 (3) (b) 2., 968.04 (3) (b) 3. (intro.), 968.04 (3) (b) 3. b. (form), 968.04 (4), 968.05, 968.07, 968.073, 968.075 (2) (a), 968.075 (2) (am), 968.075 (2m), 968.075 (5), 968.08, 968.085 (title), 968.085 (1), 968.085 (2) (intro.), 968.085 (3) (a), 968.085 (3) (b), 968.085 (3) (d), 968.085 (4), 968.085 (5), 968.085 (7), 968.085 (8), 968.09 (title), 968.09 (1), 968.10, 968.11, 968.12 (title), 968.12 (1), 968.12 (3) (title), 968.12 (3) (b), 968.13 (title), 968.13 (1) (intro.), 968.13 (1) (a), 968.13 (2), 968.135, 968.14, 968.15, 968.16, 968.19, 968.20 (1), 968.20 (1m), 968.20 (2), 968.20 (3) and (4), 968.205, 968.25, 968.255 (1), 968.255 (2) (intro.), 968.255 (2) (a), 968.255 (2) (b), (c), (d) and (e), 968.255 (3), 968.255 (4), 968.255 (6), 968.255 (7), 968.256, 968.26, 968.27 (intro.), 968.27 (1), 968.27 (3), 968.27 (4), 968.27 (6), 968.27 (7), 968.27 (9), 968.27 (10), 968.27 (11), 968.28, 968.29, 968.30, 968.31, 968.32, 968.34, 968.35, 968.36, 968.37, 968.38, 968.40 (title), 968.40 (1), 968.40 (3), 968.40 (4), 968.40 (6), (7) and (8), 968.41, 968.42, 968.43, 968.44, 968.45 (title), 968.45 (1), 968.45 (2), 968.46, 968.47, 968.48, 968.49, 968.50, 968.505, 968.51, 968.52, 968.53, 969.001 (intro.), 969.001 (1), 969.01 (1), 969.01 (2) (a), 969.01 (2) (d), 969.01 (3), 969.01 (4), 969.02 (2m), 969.02 (3) (e), 969.02 (6), 969.035, 969.04, 969.065, 969.07, 969.08 (title), 969.08 (5) (b) 1., 969.08 (5) (b) 3., 969.08 (5) (b) 4., 969.08 (7), 969.08 (8), 969.08 (9m), 969.09 (2), 969.11, 970.01 (1), 970.02 (1) (a), 970.02 (2), 970.03 (4), 970.03 (6), 970.03 (12), 970.032 (1), 970.032 (2) (intro.), 971.04 (1) (intro.), 971.04 (1) (b), (c), (d), (e), (f), (g) and (h), 971.04 (2), 971.04 (3), 971.08 (1) (a), 971.10 (1), 971.10 (2) (a), 971.10 (2) (b), 971.10 (3) (a), 971.10 (4), 971.12 (1) and (2), 971.12 (3), 971.12 (4), 971.13, 971.14 (1r) (b), 971.14 (2) (a), 971.14 (2) (b), 971.14 (2) (c), 971.14 (2) (d), 971.14 (2) (e), 971.14 (2) (g), 971.14 (3) (intro.), 971.14 (3) (c), 971.14 (3) (d), 971.14 (3) (dm) (intro.), 971.14 (3) (e), 971.14 (4) (a), 971.14 (5) (a) 1., 2. and 3., 971.14 (5) (a) 4., 971.14 (5) (am), 971.14 (5) (b), 971.14 (5) (c), 971.14 (5) (d), 971.14 (6) (b), 971.14 (6) (c), 971.14 (6) (d), 971.15, 971.16 (2), 971.16 (3) (intro.), 971.16 (4), 971.16 (5), 971.16 (6), 971.165 (1), 971.165 (2), 971.165 (3) (a), 971.165 (3) (b), 971.17 (1), 971.17 (1g), 971.17 (1h), 971.17 (1j) (b), 971.17 (1m) (a), 971.17 (1m) (b) 1m. a., 971.17 (1m) (b) 1m. b., 971.17 (1m) (b) 2m., 971.17 (1m) (b) 3., 971.17 (1m) (b) 4., 971.17 (1m) (b) 5., 971.17 (2) (a), 971.17 (2) (b), 971.17 (2) (c), 971.17 (2) (d), 971.17 (2) (e), 971.17 (2) (f), 971.17 (2) (g), 971.17 (3) (a), 971.17 (3) (b), 971.17 (3) (c), 971.17 (3) (d), 971.17 (3) (e), 971.17 (4) (a), 971.17 (4) (b), 971.17 (4) (c), 971.17 (4) (d), 971.17 (4) (e), 971.17 (5), 971.17 (6), 971.17 (6m) (a) (intro.), 971.17 (6m) (d), 971.17 (7) (a), 971.17 (7) (b), 971.17 (7) (c), 971.17 (8), 971.18, 971.19, 971.20 (title), (1), (2), (4), (5), (6), (7), (8), (9), (10) and (11), 971.22, 971.223, 971.225 (1) (intro.), (a) and (c), 971.225 (2), 971.23 (1) (intro.), 971.23 (1) (a), 971.23 (1) (b), 971.23 (1) (bm), 971.23 (1) (d), 971.23 (1) (e), 971.23 (1) (f), 971.23 (1) (g), 971.23 (2m) (intro.), 971.23 (2m) (b), 971.23 (2m) (c), 971.23 (3), 971.23 (5), 971.23 (6) (title), 971.23 (6), 971.23 (6c), 971.23 (6m), 971.23 (7), 971.23 (7m) (a), 971.23 (8) (a), 971.23 (8) (d), 971.23 (9), 971.23 (11), 971.27, 971.29 (title), 971.29 (1), 971.29 (2), 971.31 (2), 971.31 (3), 971.31 (4), 971.31 (6), 971.31 (9), 971.31 (10), 971.31 (11), 971.31 (12), 971.31 (13), 971.315, 972.02 (1), 972.02 (2), 972.02 (3), 972.02 (4), 972.03, 972.07, 972.08, 972.085, 972.10 (1) (a) 1., 972.10 (1) (b), 972.10 (5), 972.10 (7), 972.11 (1), 972.11 (2), 972.11 (2m) (a) (intro.) and 1., 972.11 (2m) (b), 972.11 (2m) (bm), 972.11 (2m) (c) (intro.), 1m., 2m. and 3m., 972.11 (3), 972.11 (3m), 972.11 (4), 972.115 (1), 972.115 (2), 972.115 (4) and (5), 972.12, 972.13 (1), 972.13 (2), 972.13 (3), 972.13 (5), 972.14 (title), (2), (2m) and (3), 972.15, 973.18 (1), 973.18 (2), (3) and (4), 973.19 (1) (a), 973.19 (1) (b), 973.19 (2), (3), (4) and (5), 979.04, 979.05 (1), 979.05 (2), 979.05 (3), 979.05 (4), 979.05 (5), (6) and (7), 979.06 (3), (4) and (6), 979.08 (1), 979.08 (3) (a), 979.08 (3) (b), 979.08 (5), 979.08 (6) and 979.08 (7); to consolidate, renumber and amend 967.05 (1) (intro.) and (a), 967.06 (1) and (2) (a), 968.12 (2) and (3) (a) and (d), 968.12 (3) (c) and (f), 968.27 (16) (intro.), (a) and (b), 969.01 (2) (b) and (c), 970.02 (1) (b) and (6), 971.11 (2) and (3), 971.30 (2) (intro.), (a), (b) and (c), 972.11 (2m) (a) 2. (intro.), a. and b., 972.14 (1) (intro.) and (b) and 979.08 (3) (intro.) and (4); to amend 6.10 (7m) (a) (intro.), 6.10 (7m) (a) 2., 13.35 (2), 16.84 (2), 17.16 (7) (b), 19.32 (1b), 20.435 (2) (bj), 20.435 (2) (gk), 20.550 (1) (f), 23.33 (4c) (b) 3., 23.56 (1), 23.65 (2), 29.921 (6), 29.938 (2), 29.972 (1) (a), 29.972 (1) (c), 29.974 (1), 29.974 (2) (b), 30.681 (2) (c), 46.10 (2), 46.90 (6) (bt) 8., 48.31 (2), 48.366 (1) (b), 48.396 (2) (dr), 48.78 (2) (d) 1., 48.981 (1) (b), 48.981 (7) (a) 14m., 49.138 (1m) (c), 49.19 (4) (d) 3., 49.95 (8), 51.05 (2), 51.20 (1) (am), 51.20 (16) (j), 51.30 (3) (b), 51.30 (4) (b) 8m., 51.30 (4) (b) 9., 51.30 (4) (b) 11., 51.30 (4) (b) 12m., 51.30 (4) (b) 16., 51.30 (7), 51.37 (1), 51.37 (3), 51.37 (4), 51.37 (9), 51.37 (10) (am), 51.375 (1) (a), 51.39, 51.42 (3) (as) 1m., 51.42 (3) (as) 1r., 51.42 (3) (aw) 1. d., 51.437 (4rm) (a), 51.61 (1) (intro.), 51.61 (1) (e), 51.61 (1) (i) 1., 51.87 (3), 55.043 (6) (bt) 8., 55.075 (intro.), 59.34 (2) (a), 59.40 (2) (c), 66.0113 (3) (e), 66.0114 (1) (a), 66.0139 (4) and (5), 69.18 (2) (f) 3., 77.61 (12) (b), 93.17 (2), 102.13 (5), 102.88 (1) and (2), 103.10 (1m) (b) 1., 110.001 (1m), 110.07 (2m), 110.07 (4), 111.07 (2) (b) 2., 125.14 (6) (a), 128.16 (2), 133.15 (2), 134.43 (3), 139.20 (2), 139.39 (5) (b), 146.81 (4), 146.82 (2) (c), 154.30 (3) (a) 2., 165.76 (1) (b), 165.76 (1) (g), 165.76 (1) (g), 165.76 (1m), 165.76 (1m), 165.76 (2m) (g), 165.76 (4) (a), (b) and (c), 165.765 (1m), 165.765 (2) (a) 1., 165.77 (2) (b), 165.77 (2) (b), 165.77 (2m) (c), 165.77 (2m) (c), 165.77 (3), 165.77 (3), 165.77 (4) (am) 1., 165.77 (4) (am) 2. (intro.), a., b. and d., 165.79 (1), 165.81 (1), 165.81 (3) (a) 1. and 2., (b) and (f), 167.10 (8) (b), 169.42 (2) (b), 169.45 (5) (intro.), 173.10, 173.12 (1m), 175.60 (3) (d), 175.60 (3) (e), 175.60 (9g) (a) 2., 175.60 (11) (a) 2. b., 175.60 (11) (a) 2. c., 175.60 (11) (a) 2. g., 175.60 (11) (a) 2. i., 175.60 (14) (am), 195.048 (2), 196.207 (3) (e), 196.48 (1) (b), 230.81 (2), 251.16, 252.11 (5m), 252.11 (7), 252.15 (2m) (b) 3., (3m) (d) 14. and (4) (c), 301.03 (3c), 301.03 (7m), 301.035 (2), 301.035 (4), 301.45 (1g) (c), 301.45 (1g) (d), 301.45 (1g) (dd), 301.45 (1g) (dp), 301.45 (1g) (e), 301.45 (1m) (b), 301.45 (1m) (be), 301.45 (1m) (bm), 301.45 (1m) (bv), 301.45 (1m) (d) 1., 301.45 (1m) (e) (intro.), 301.45 (1p) (b), 301.45 (3) (a) 3., 301.45 (3) (a) 3g., 301.45 (3) (b) 3., 301.45 (5) (a) 3., 301.45 (5) (a) 3m., 301.45 (5) (b) 3., 301.45 (6) (a) 2. a., 301.45 (6) (ag) 2. a., 301.45 (6) (bm), 301.45 (7) (f) 4., 301.46 (3) (d), 301.47 (3) (b) 1., 301.48 (2) (a) 4., 301.48 (2) (a) 5., 301.48 (2) (b) 3., 302.113 (9) (e), 302.114 (9) (d), 304.06 (3), 304.10 (1) (b), 322.0767 (1) (a), 322.0767 (1) (b), 322.0767 (1) (c), 322.0767 (1) (d), 322.0767 (2) (a), 322.0767 (2) (b), 322.0767 (2) (c), 322.0767 (2) (d), 322.0767 (2) (e), 343.305 (9) (c), 345.20 (1) (a), 345.20 (2) (c), 345.28 (3) (a), 345.28 (5) (b) 1., 345.31, 346.63 (2) (am), 346.63 (6) (b), 350.101 (2) (c), 551.602 (5) (b), 553.55 (3) (b), 601.62 (5) (b), 631.95 (1) (c), 704.16 (1) (b) 4., 704.16 (1) (b) 7., 704.16 (3) (b) 2. d., 704.16 (3) (b) 2. g., 756.06 (2) (a), 756.06 (2) (c), 757.54 (2) (a) 1., 757.54 (2) (a) 2., 757.69 (1) (b), 757.69 (1) (i), 758.171, 767.87 (4) (b), 781.04 (1), 785.03 (1) (b), 800.035 (8), 801.02 (7) (a) 2. c., 801.02 (7) (a) 2. e., 801.52, 807.05, 808.03 (3) (b), 808.04 (3), 808.04 (4), 808.075 (4) (b) 4., 808.075 (4) (g) 1., 808.075 (4) (g) 2., 808.075 (4) (g) 7., subchapter III (title) of chapter 809 [precedes 809.30], 809.30 (title), 809.30 (1) (a), 809.30 (1) (b) 4., 809.30 (1) (c), 809.30 (1) (e), 809.30 (2) (a), 809.31 (6), 814.22 (1) (intro.), 814.69 (1) (a), 885.01 (2), 885.15 (2), 885.24 (2), 885.25 (2m), 885.365 (1), 885.64 (2), 891.39 (1) (b), 891.39 (2) (b), 893.93 (1) (d), 895.01 (1) (am) 7., 895.34, 895.446 (4), 895.45 (1) (a), 895.46 (9) (a) (intro.) and 2. and (b) (intro.) and 2., 895.54, 901.01, 901.04 (1), 901.04 (3) (cm), 901.05 (3), 904.04 (1) (b), 904.06 (1), 906.08 (1) (intro.), 906.08 (2), 907.06 (5), 908.08 (5) (am), 908.08 (5) (b), 908.08 (6), 911.01 (1), 911.01 (4) (b), 911.01 (4) (c), 938.183 (1) (ar), 938.183 (1m) (b), 938.195 (1) (a), 938.293 (2), 938.30 (2), 938.30 (5) (c) (intro.), 938.30 (5) (d) (intro.), 938.30 (5) (e) 1. (intro.), 938.31 (2), 938.31 (3) (a) 4., 938.31 (3) (d), 938.315 (2), 938.35 (1) (cm), 938.396 (1) (a), 938.396 (2g) (dr), 938.535, 938.78 (2) (d) 1., 939.60, 939.615 (2) (a), 939.615 (3) (d), 939.621 (1) (a), 939.621 (2), 939.74 (1), 939.74 (3), 939.74 (4), 940.09 (1m) (a), 940.09 (1m) (b), 940.225 (4) (intro.), 940.25 (1m) (a), 940.25 (1m) (b), 940.32 (2m) (d), 940.48 (intro.), 941.28 (5), 941.29 (3), 943.245 (3m), 943.51 (3r), 946.42 (3) (g), 946.49 (1) (intro.), 946.49 (2), 946.52, 946.60 (1), 946.86 (2), 946.87 (2) (am), 948.015 (9), 948.31 (5), 948.50 (4) (c), 948.50 (5), 949.165 (1) (a), 949.165 (9), 950.04 (1v) (b), 950.04 (1v) (d), 950.04 (1v) (dL), 950.04 (1v) (e), 950.04 (1v) (em), 950.04 (1v) (g), 950.04 (1v) (L), 950.04 (1v) (m), 950.04 (1v) (p), 950.04 (1v) (qm), 950.04 (1v) (s), 950.04 (1v) (um), 950.04 (1v) (x), 950.04 (2w) (f), 950.055 (2) (b), 950.08 (2g) (c), 950.08 (2g) (e), 950.08 (2r) (intro.), 951.01 (4), 961.48 (2m) (a), 961.48 (2m) (b) (intro.), 961.56 (1), 967.01, 969.10, 971.06 (1) (a), (b) and (c), 971.08 (title), 971.08 (1) (d), 971.095 (2) and (3), 971.10 (3) (b) (intro.), 1. and 2., 971.10 (3) (c), 971.105, 971.11 (1), 971.11 (4), 971.11 (5), 971.11 (6), 971.11 (7), 971.38 (1), 971.39 (1) (intro.), 972.01, 972.03 (title), 972.04 (1), 972.06, 973.013 (4), 973.017 (6m) (a) 2., 973.03 (3) (b), 973.03 (3) (e) 2., 973.03 (4) (d), 973.03 (5) (a) 1., 973.03 (5) (a) 2., 973.042 (4), 973.043 (2), 973.045 (2), 973.046 (2), 973.048 (5), 973.05 (3) (b), 973.05 (4) (b), 973.05 (4) (c), 973.05 (5) (a) 1., 973.05 (5) (a) 2., 973.05 (5) (c), 973.05 (5) (d), 973.05 (5) (e), 973.055 (2) (a), 973.06 (1) (av) 2. a. and b., 973.06 (1) (h), 973.076 (2) (a), 973.08 (5), 973.09 (2) (a) 1. b., 973.09 (3) (b), 973.09 (3) (bm) 4., 973.09 (7m) (a), 973.10 (2m), 973.135 (3), 973.195 (1r) (e), 973.20 (1r), 973.20 (9m), 973.20 (11) (a), 973.20 (12) (c), 974.02, 974.05 (1) (intro.), 974.05 (1) (a), (b), (c) and (d) (intro.), 1. and 2., 974.05 (2), 974.06 (title), (1), (2) and (3) (intro.), (a), (b) and (d), 974.06 (4), 974.06 (5), (6), (7) and (8), 974.07 (4) (b), 974.07 (7) (b) 1., 974.07 (9) (a), 974.07 (10) (a) 4., 977.05 (4) (h), 977.05 (4) (j), 977.05 (6) (b) 2., 977.05 (6) (e) (intro.) and 2., 978.045 (1r) (intro.), 978.045 (1r) (i), 978.05 (3), 978.05 (4), 978.05 (6) (a), 978.06 (4), 978.08 (1) (a) and (b) and (2), 979.02, 979.025 (1), 979.025 (2), 979.09, 979.10 (2), 979.11, 979.22, 980.015 (2) (c), 980.015 (2) (d), 980.031 (4), 980.036 (2) (c), 980.036 (6), 990.01 (23) and 995.50 (7); to repeal and recreate chapter 969 (title), chapter 970 (title), chapter 971 (title), 971.08 (1) (b), 971.09, 972.04 (title) and chapter 975 (title); and to create 48.315 (4), 175.27 (title), 175.60 (3) (dm), 175.60 (11) (a) 2. gm., 809.30 (2) (m), 904.045 (title), 938.18 (10), 938.21 (2) (f), 967.025 (title), 967.025 (2), 967.025 (3), 967.025 (5), 967.025 (7), 967.025 (8), 967.025 (10), 967.025 (11), 967.025 (14), 967.025 (15), 967.025 (16), 967.025 (17), 967.12 (3), 967.13 (1) (a) and (b), 967.13 (1) (i), 967.14 (1) (d), 967.14 (2), 967.14 (4), 967.21 (2) (title), 967.21 (3) (title), 967.21 (4) (title), 967.21 (5) (title), 967.21 (6) (title), 967.22 (title), subchapter I (title) of chapter 968 [precedes 968.015], 968.025 (title), 968.025 (3), 968.025 (4) (title), 968.025 (4) (e), 968.035 (title), subchapter II (title) of chapter 968 [precedes 968.105], subchapter III (title) of chapter 968 [precedes 968.155], subchapter IV (title) of chapter 968 [precedes 968.305], subchapter V (title) of chapter 968 [precedes 968.455], subchapter VI (title) of chapter 968 [precedes 968.465], 968.465 (5) and (6), 968.475 (2) (a), 968.475 (2) (e), 968.475 (3), 968.485 (title) and (1), 968.585 (2) (ag), 968.585 (4m), 968.585 (7) (cm), subchapter VII (title) of chapter 968 [precedes 968.605], subchapter VIII (title) of chapter 968 [precedes 968.705], 968.705 (1) and (3), 968.71, subchapter I (title) of chapter 969 [precedes 969.15], 969.15, 969.19, 969.20 (2), 969.20 (6), 969.20 (7) (title), 969.21 (title), 969.24 (2m), 969.25, 969.26 (title), 969.26 (3), subchapter II (title) of chapter 969 [precedes 969.30], 969.30 (3) to (7), 969.31 (3), 969.31 (4), 969.32, 969.33 (title), 969.33 (2), 969.33 (3), 969.33 (4), 969.33 (5) to (7), 969.37, 969.38, 969.41, 969.42, subchapter III (title) of chapter 969 [precedes 969.50], 969.50 (2) and (3), subchapter I (title) of chapter 970 [precedes 970.06], 970.06 (2), 970.06 (3), 970.06 (4), 970.08 (2), 970.09 (2), 970.10 (title), (1) and (3), 970.13 (3), 970.14 (13), 970.15, subchapter II (title) of chapter 970 [precedes s. 970.21, subchapter I (title) of chapter 971 [precedes 971.013], 971.015 (title), 971.015 (1) (title), 971.015 (1) (b), 971.015 (2), 971.015 (4), 971.027 (intro.), 971.027 (2) and (4), 971.027 (6) (title) and (7) (title), 971.035, 971.038, subchapter II (title) of chapter 971 [precedes 971.06], 971.06 (1) (title), 971.06 (4), 971.065, 971.08 (1) (ag), 971.08 (1) (am), 971.085 (title) and (1) (intro.), 971.085 (1) (b), 971.085 (2), 971.093, subchapter III (title) of chapter 971 [precedes 971.098], 971.098, 971.10 (1) (title), 971.10 (1) (b), 971.10 (2r), 971.10 (3) (title), subchapter IV (title) of chapter 971 [precedes 971.42], 971.42, 971.43 (title) and (1), 971.43 (2) (b), 971.43 (2) (br), 971.43 (2) (e), 971.43 (2) (f), 971.43 (2) (h), 971.43 (3), 971.43 (4), 971.43 (6), 971.43 (7), 971.43 (8), 971.44 (title) and (1), 971.44 (2) (a), 971.44 (3), 971.46 (intro.) and (1), 971.48 (title), 971.48 (2), 971.49, 971.51 (title) and (1), 971.52 (3), 971.56, 971.57, 971.58 (title), subchapter V (title) of chapter 971 [precedes 971.65], 971.65 (title), 971.65 (2), 971.66, 971.68 (title), (1) and (3), 971.69, subchapter VI (title) of chapter 971 [precedes 971.75], 971.75 (title), 971.75 (2), 971.75 (4), 971.75 (6) (title) and (a), 971.75 (7) (title), 971.75 (9) (title), 971.76, 971.77 (title), 972.005 (title), 972.005 (2), 972.025 (title) and (1), 972.04 (3), 972.075, 972.16 (1) and (2), 972.18 (title), 972.19, 972.20 (title), 972.22 (title), 972.23 (title), 972.23 (2), 972.24, 972.25, 972.26, 972.28 (title), 974.08 (title), 974.08 (1), 974.08 (2) and (3), 974.09 (title), subchapter I (title) of chapter 975 [precedes 975.20], 975.20, subchapter II (title) of chapter 975 [precedes 975.30], 975.31 (title), 975.31 (2), 975.32 (title), 975.32 (2), 975.32 (4), 975.32 (7), 975.32 (10), 975.33 (title), 975.33 (1) (f), 975.34, 975.36 (title), 975.36 (2), 975.36 (4), 975.37, 975.38 (title), 975.39, subchapter III (title) of chapter 975 [precedes 975.50], 975.51 (4) (b), 975.51 (5) (b), 975.52 (1), 975.52 (4) (title), 975.53 (title), 975.54 (title), 975.56 (title), 975.57 (2) (e), 975.57 (3), 975.57 (4) (title), 975.57 (4) (b) and (c), 975.57 (5) (title), 975.59 (5) (title), 975.59 (5) (b) and (c), 975.61 (1) (d), 975.62 (title), 975.62 (1) (d), 975.62 (2), (3) and (4), 975.63 (3) and 977.072 (title) of the statutes; relating to: criminal procedure and providing penalties.

Analysis by the Legislative Reference Bureau

This bill reorganizes each chapter of the criminal procedure code, with the exception of chapter 973, Sentencing. This analysis is organized in the ascending order of the chapters, as reorganized in the bill. This bill creates subchapters in long chapters, separates long statutes into shorter statutes, reorganizes individual statutes, and provides titles for some provisions. This bill also creates new authority for courts and codifies some current practices.

Under this bill, chapter 967 contains definitions of terms used throughout the criminal procedure code and general provisions that, under current law, appear throughout the criminal procedure code. The bill also adds definitions for "complaint," "district attorney," "felony," "misdemeanor," "motion," and "sentencing."

This bill moves to chapter 968 all current law provisions relating to investigative procedures such as inquests, John Doe proceedings, grand juries, wiretapping, and search and seizure provisions.

This bill creates a process that requires a court, upon the request of a district attorney and a showing that the information requested is relevant to a criminal investigation, to order a financial institution to disclose to the district attorney whether the person named in the order has or had an account at the financial institution.

Under this bill, chapter 969 contains provisions addressing arrest and release, identifies ways to secure the appearance of a defendant, and includes provisions intended to expedite the processing of misdemeanors. Under current law, a citation issued by a law enforcement officer directs a person to appear in court and answer criminal charges. The citation may not be used as a criminal complaint. This bill allows a citation for a misdemeanor that is issued by a law enforcement officer to be used as a criminal complaint if the district attorney endorses it. The bill specifies the contents of the citation, such as the crime the person allegedly committed, the date of the commission, and the maximum penalty for the crime. The bill requires a law enforcement officer citing a person for a misdemeanor to release the person without a cash bond unless certain circumstances apply, including if the person does not give proper identification or appears to endanger a person or property.

Under current law, a law enforcement officer generally may release a person who is arrested without a warrant without requiring the person to appear before a judge if the law enforcement officer is satisfied that there are insufficient grounds for the issuance of a criminal complaint against the person. Under this bill, a law enforcement officer may release such a person without determining that there are insufficient grounds for the issuance of a criminal complaint.

Under current law, a person arrested for a criminal offense may be released under reasonable conditions that the court sets at an initial appearance. This bill provides that, with exceptions, a district attorney may release an arrested person before the initial appearance if the person signs a bond. The district attorney may not impose monetary conditions of release but may impose other conditions, including requiring the person to report any address change or to appear at specified times and places for investigative purposes or restricting the person from contacting a specified person or from possessing a dangerous weapon. The district attorney, when determining whether to release on bond, may consider all of the following: if the defendant has provided proper identification, if the defendant is willing to comply with the conditions of the bond, if the defendant appears to pose a danger to a person or property, if the defendant can show sufficient ties to the community, if the defendant has previously failed to appear in response to a citation, subpoena, summons, or order of court, and if further detention appears necessary for investigative activities.

If the court orders release, this bill requires the court to release the defendant to return on a specific date without conditions; on a personal recognizance bond; on an unsecured appearance bond; or on a secured appearance bond. This bill also allows a third party who has deposited cash for the release of a defendant on a secured appearance bond to apply to the court for an order to return the deposit before the entry of a judgment of conviction or forfeiture. The court then may determine whether to remit the deposit and whether to modify the conditions of release.

This bill requires a court, except in extraordinary circumstances, to release a person who is arrested without a warrant within 48 hours of the arrest unless the court has determined there is probable cause that the person committed an offense.

Under this bill, chapter 970 contains provisions relating to the commencement of prosecutions. Under current law, a defendant in a felony case is entitled to a preliminary examination, at which the court determines whether there is probable cause to believe that the defendant committed a felony. This bill eliminates the preliminary examination.

This bill replaces several statutes governing deferred prosecution agreements in specific cases with a single, general statute defining and authorizing deferred and suspended prosecution agreements. The bill provides that the same standards that govern a district attorney's charging authority also govern the district attorney's authority to enter into a deferred prosecution agreement and that the same standards that apply to a court's authority to schedule cases and grant continuances apply to a court's authority to suspend prosecution under a suspended prosecution agreement. Under this bill, both a deferred prosecution agreement and a suspended prosecution agreement are enforceable in the same manner as a plea agreement. The bill further notes that consenting to a deferred prosecution or suspended prosecution agreement is not an admission of guilt nor is it admissible in a trial relating to the charge to which the agreement pertains. This bill makes generally applicable a provision in current law that grants immunity from civil liability in excess of $25,000 for acts or omissions by an organization or individual for whom an agreement assigns an individual to work.

Under this bill, chapter 971 addresses pretrial procedures and contains subchapters for commencement of proceedings, pleas, and provisions to expedite proceedings, discovery, motions, and juveniles in adult court. This bill creates a single, general statute for plea agreements. The bill provides that the district attorney and the defendant, without the court's participation, may reach a plea agreement. The agreement may require the district attorney, if the defendant enters a plea of guilty or no contest, to take certain actions, including moving to dismiss or amend any charge; recommending the defendant's request for a particular disposition; or agreeing that a specific disposition is appropriate. The bill also creates a single statute to clarify, and explain the consequences of, the different pleas available to the defendant.

Under current law, before a criminal court dismisses a case against a person, the court must inquire if the district attorney has offered all of the victims an opportunity to confer with the district attorney concerning the prosecution and outcome of the case. This bill codifies case law by adding that, if the district attorney moves to dismiss a complaint, the trial court must grant the motion unless the court finds that dismissal is contrary to the public interest or, if the motion is made during the trial, unless the defendant has not consented. If the court grants the motion, the action is dismissed and the clerk must enter an order to that effect.

The bill requires the court to grant a motion, made before sentencing, to withdraw a plea of guilty or no contest if a fair and just reason for doing so is established and requires the court to grant such a motion, made after sentencing, if the defendant did not knowingly, voluntarily, and understandingly enter the plea or if withdrawal is required to prevent a manifest injustice. Finally, the bill specifies that a withdrawal of a plea of guilty or no contest vacates the judgment, reinstates any original charge, and restores the parties to the position they were in before the plea was accepted.

Under this bill, the purpose of discovery is defined as to promote fair and expeditious disposition of criminal charges, to provide the defendant with sufficient information to make an informed plea, to permit thorough preparation for and minimize surprise at trial, to reduce interruptions and complications during trial and avoid unnecessary trials by resolving any issues before trial, to minimize inequities among similarly situated defendants, to effect economies, and to minimize the burden upon victims and witnesses.

Current law requires a district attorney, upon demand and within a reasonable time before trial, to disclose to the defendant any reports or statements of experts made in connection with the case or, if an expert does not prepare a report or statement, a written summary of the expert's findings or the subject of his or her testimony, and the results of any examination, scientific test, experiment, or comparison that the district attorney intends to offer in evidence. This bill requires any party who intends to call an expert witness to, not less than 15 days before trial, notify the party of the expert's name, address, and qualifications and furnish any reports or statements of experts made in connection with the case or, if none, a written summary of the expert's findings or the subject matter of his or her testimony, and the results of any mental examination, scientific test, experiment, or comparison that the party intends to offer in evidence.

Under this bill, before trial and upon motion by either party, the court may issue a subpoena to require the production of documents and other tangible objects if the evidence may be material to the determination of issues. The motion and the subpoena must specify who must produce the material, whether certified copies of documents may be submitted in lieu of appearance, and other conditions.

Under this bill, the disclosure of discoverable material may be accomplished in any manner mutually agreeable to the parties. If the parties do not agree, the party that has the duty to disclose must either provide a copy of the material to be disclosed or notify the other party that the material may be inspected, copied, or photographed during specified reasonable times and provide suitable machinery for making copies.

Under current law, courts use their authority to manage litigation to specify times for discovery, pretrial motions, notices of intent to offer an alibi or another defense, pretrial conferences, trials, and other proceedings. This bill codifies this specific authority to issue and amend scheduling orders.

Under this bill, the court may, upon motion by the district attorney, order a defendant to participate in a procedure to obtain nontestimonial evidence if the procedure is reasonable. Such procedures include appearing, moving, or speaking for identification in a lineup; trying on clothing and other articles; providing handwriting and voice exemplars; being photographed; having fingerprints or other body impressions taken; providing samples of blood, urine, saliva, semen, skin, breath, hair, or nails or materials under the nails; submitting to body measurements and other reasonable body surface examinations; and submitting to physical and medical inspection.

Under this bill, the court may, upon motion of a defendant, issue a subpoena requiring an individual to participate in a procedure to obtain nontestimonial evidence if an affidavit or testimony shows probable cause to believe that the individual to be subpoenaed committed the crime with which the defendant is charged and that the evidence sought is necessary to an adequate defense and cannot practicably be obtained from other sources.

Under this bill, the district attorney may provide discovery before the initial appearance. At the initial appearance this bill requires the district attorney to disclose, after the defendant has obtained or waived legal representation, any pertinent law enforcement investigative reports the district attorney has and a copy of the defendant's criminal record.

Under current law, the procedure for asserting that a statute is unconstitutional is located in the civil procedure statutes. This bill adds a procedure to the criminal procedure code that provides that, if a defendant moves to dismiss a criminal prosecution by asserting that the statute under which he or she is charged is unconstitutional, the defendant must serve the motion on the attorney general and the district attorney.

This bill specifies that, if a defendant moves for severance because a codefendant's out-of-court statement refers to, but is not admissible against, the defendant and the court determines that the state intends to offer the statement in evidence, the court must require the district attorney to elect one of the following: 1) a joint trial at which the statement is not received in evidence; 2) a joint trial at which the statement is received in evidence only after all references to the defendant have been deleted, if admission of the statement with the deletions made will not cause prejudice; 3) a separate trial for the defendant; or 4) if the court approves, a single trial with a separate jury for the defendant and the codefendant.

This bill permits a defendant to move for a pretrial dismissal of the complaint. The motion must state the grounds and specify the following: 1) any elements or required facts that the defendant believes the state cannot prove because there is no genuine issue as to any material fact; 2) any evidence, or absence of evidence, that the defendant believes is uncontroverted and that establishes the grounds stated in the motion, and 3) any applicable included crime that the defendant believes the state cannot prove at trial because there is no genuine issue as to any material fact. If the grounds, if true, would justify granting the dismissal motion and the allegations in the complaint do not demonstrate that there is a genuine issue of material fact as to those grounds, the district attorney may file a written response to establish the elements or other facts that the state is required to prove at trial. The court may request that the district attorney and defense counsel present arguments and may allow testimony to resolve the questions whether a genuine issue of material fact exists. Unless the court denies the motion because the grounds, if true, would not justify granting the motion or because the allegations demonstrate a genuine issue of material fact, the court must rule on the motion based on the complaint, the material submitted by the defendant in support of the motion, and material, testimony, or argument presented. If the court concludes, for the reasons specified in the motion, that there is no genuine issue as to any material fact, the court must either grant the motion or allow the district attorney to amend the complaint.

Under this bill, chapter 972 contains statutes relating to criminal trials. Under this bill, if the court authorizes the jurors to ask questions of witnesses, the court must instruct the jury to ask only questions that clarify information already presented and must instruct the jury of the procedure to be used. The procedure provides that the juror must submit the question in writing to the judge who will show the question to the parties. The parties may object to the question without the jury knowing. If the judge, upon reviewing the question and any objections, determines that the question is legally proper, the judge may ask it of the witness.

Under current law, if the number of jurors, including any additional jurors selected, remains more than required at final submission of the cause, the court must determine by lot which jurors will not participate in deliberations and discharge them. Under this bill, the court may, for good cause, discharge additional jurors other than by lot. Moreover, this bill allows the court to determine which jurors will not participate in deliberations but retain those jurors as alternates after the jury retires to deliberate. If an alternate replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew.

This bill defines "stipulation" as an agreement between the parties that a specified fact is taken as established without need for proof. Further, a stipulation must be set forth on the record when the court accepts it, and, in a jury trial, the court must instruct the jury to take stipulated facts as conclusively proved.

Finally, this bill specifies that a verdict must be unanimous and returned in open court. Under current case law, a defendant in a criminal case has the right to poll the jury, and refusal to permit the defendant to do so is an error for which the verdict will be set aside. This bill requires a court to ask each juror individually whether the verdict as returned was and is the juror's verdict. This bill requires the court to accept the verdict if it is in proper form and confirmed by the poll.

Under this bill, chapter 975 addresses mental health issues affecting a criminal prosecution such as competency to stand trial and mental responsibility, commonly known as the "insanity defense." Under current law, when there is reason to doubt a defendant's competency to proceed in a criminal action, the court must appoint an examiner to submit to the court a report upon the condition of the defendant that contains specified findings. This bill adds that, if the examiner reports that the defendant is not competent to proceed and that the defendant is not likely to become competent within the maximum period of commitment under the competency statutes, the examiner must provide his or her opinion on whether the defendant meets the criteria for civil commitment.

The bill reorganizes the competency hearing statutes and makes certain changes to burdens of persuasion. Under current law, at the outset of the competency hearing, if the defendant claims to be incompetent or is silent, the defendant must be found incompetent unless the state proves by the greater weight of the credible evidence that the defendant is competent. Under current law, if the defendant claims to be competent, the defendant must be found competent unless the state proves by clear and convincing evidence that the defendant is incompetent. Under the bill, the state has the burden of going forward with evidence at a competency hearing, and the court may find the defendant competent to proceed only if the court finds by the greater weight of the evidence that the defendant is competent to proceed. The bill specifies the following: 1) if the defendant is not competent and the court finds by the greater weight of the evidence that the defendant is not likely to become competent within the maximum period of commitment, the court must order the defendant be released or delivered to a facility; 2) if the defendant is not competent and the court finds by the greater weight of the evidence that the defendant is likely to become competent within the maximum period of commitment without inpatient treatment, the court must order that the defendant be released and may require the defendant to participate in outpatient treatment, or undergo periodic reexaminations to determine whether the defendant has become competent to proceed, for a period that does not exceed the maximum period of commitment; or 3) if the defendant is not competent and the court finds by clear and convincing evidence that the defendant is likely to become competent within the maximum period of commitment if provided appropriate inpatient treatment, the court must commit the defendant to the custody of the Department of Health Services (DHS) for treatment. Finally, if the defendant is committed to the department and the court finds by clear and convincing evidence that the defendant is not competent to refuse medication or treatment, the court must find that the defendant is not competent to refuse medication or treatment and must order whoever administers medication or treatment to the defendant to observe appropriate medical standards.

Under current law, if the defendant is committed to the custody of DHS for treatment following a competency proceeding, the days spent in commitment are given credit toward the service of his or her sentence for the same course of conduct. This bill requires the court to include in the commitment order a specific finding of the number of days spent in precommitment custody.

Current law requires DHS to periodically reexamine the defendant and to submit to the court a written report on the defendant's mental condition at three months, six months, and nine months after commitment. This bill requires an additional report if DHS determines that the defendant has become competent or that the defendant is not likely to become competent within the remaining commitment period and requires the court to schedule a review of this additional report within 14 days.

This bill creates a process for the court to follow whenever the court determines there is reason to doubt a defendant's ability, with a reasonable degree of rational understanding, to assist counsel or make decisions when seeking an appeal or a motion for postconviction relief. Pending the determination or after a finding of incompetency, the circuit court may allow proceedings on any issue raised by the defendant's attorney that rests on the records, does not require the defendant to assist counsel or make a decision, and involves no risk to the defendant and the court of appeals may grant the defendant a continuance or lengthen the time for filing necessary notices or motions for postconviction relief. If the court finds that the defendant lacks competency, the court may appoint a guardian to make decisions or order treatment to restore the defendant to competency to pursue postconviction relief. Finally, the bill provides that a defendant who lacks competency to pursue postconviction relief may, after regaining competency, raise any issue at a later proceeding that he or she did not raise earlier because of incompetency.

Under current law, if a defendant is found not guilty by reason of mental disease or defect, the court must enter a judgment of not guilty by reason of mental disease or defect and proceed to commitment. The judgment is interlocutory to the commitment order and reviewable upon appeal. Under this bill, the court must proceed to a dispositional hearing and the commitment order is the final order and is appealable as a matter of right. Upon appeal, this bill provides that all properly preserved issues, including those relating to the guilt phase of the trial, may be raised.

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

AB383,1 Section 1. 6.10 (7m) (a) (intro.) of the statutes is amended to read:

AB383,18,2 6.10 (7m) (a) (intro.) The residence of a person who is detained, or committed and institutionalized, under s. 51.20, 971.14, or 971.17 or ch. 975 or 980 shall be determined by applying the standards under sub. (1) to whichever of the following dates is applicable to the circumstances of the person:

AB383,2 Section 2. 6.10 (7m) (a) 2. of the statutes is amended to read:

AB383,18,5 6.10 (7m) (a) 2. For a person committed under s. 971.14 or 971.17 ch. 975, the date of the offense or alleged offense that resulted in the person's commitment.

AB383,3 Section 3. 13.35 (2) of the statutes is amended to read:

AB383,18,8 13.35 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.