AB383,108,1615
951.01
(4) "Law enforcement officer" has the meaning assigned under s.
967.02
16(5) 967.025 (13) but does not include a conservation warden appointed under s. 23.10.
AB383,325
17Section
325. 961.48 (2m) (a) of the statutes is amended to read:
AB383,108,2518
961.48
(2m) (a) Whenever a person charged with a felony offense under this
19chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
20not subject to an enhanced penalty under sub. (1) unless any applicable prior
21convictions are alleged in the complaint
, or indictment
or information or in an
22amended complaint
, or indictment
or information that is filed under par. (b) 1. A
23person is not subject to an enhanced penalty under sub. (1) for an offense if an
24allegation of applicable prior convictions is withdrawn by an amended complaint
or
25indictment filed under par. (b) 2.
AB383,326
1Section
326. 961.48 (2m) (b) (intro.) of the statutes is amended to read:
AB383,109,52
961.48
(2m) (b) (intro.) Notwithstanding s.
971.29 970.09 (1), at any time before
3entry of a guilty or no contest plea or the commencement of a trial, a district attorney
4may file without leave of the court an amended complaint
, information or indictment
5that does any of the following:
AB383,327
6Section
327. 961.56 (1) of the statutes is amended to read:
AB383,109,107
961.56
(1) It is not necessary for the state to negate any exemption or exception
8in this chapter in any complaint,
information, indictment
, or other pleading or in
9any trial, hearing or other proceeding under this chapter. The burden of proof of any
10exemption or exception is upon the person claiming it.
AB383,328
11Section
328. 967.01 of the statutes is amended to read:
AB383,109,16
12967.01 Title and effective date. Chapters 967 to 979 may be referred to as
13the criminal procedure code and shall be interpreted as a unit. Chapters 967 to 979
14shall govern all criminal proceedings
and is effective on July 1, 1970. Chapters 967
15to 979 apply in all prosecutions commenced on or after that date. Prosecutions
16commenced prior to July 1, 1970, shall be governed by the law existing prior thereto.
AB383,329
17Section
329. 967.02 (title) of the statutes is repealed.
AB383,330
18Section
330. 967.02 (intro.) of the statutes is renumbered 967.025 (intro.).
AB383,331
19Section
331. 967.02 (1) of the statutes is renumbered 967.025 (4) and amended
20to read:
AB383,109,2221
967.025
(4) "Clerk" means the clerk of circuit court of the county
including and
22includes the clerk's deputies.
AB383,332
23Section
332. 967.02 (2) of the statutes is renumbered 967.025 (9) and amended
24to read:
AB383,110,2
1967.025
(9) "Department" means the department of corrections, except as
2provided in
ss. 971.14 and 975.001 s. 975.20 (1) for purposes of ch. 975.
AB383,333
3Section
333. 967.02 (3) and (4) of the statutes are repealed.
AB383,334
4Section
334. 967.02 (5) of the statutes is renumbered 967.025 (13).
AB383,335
5Section
335. 967.02 (6) of the statutes is renumbered 967.025 (12) and
6amended to read:
AB383,110,87
967.025
(12) "Judge" means judge of
a the circuit court
of record
and includes
8a court commissioner acting within the scope of authority conferred under s. 757.69.
AB383,336
9Section
336. 967.02 (7) of the statutes is renumbered 967.025 (6) and amended
10to read:
AB383,110,1311
967.025
(6) "Court" means the circuit court unless otherwise indicated
and
12includes a court commissioner acting within the scope of authority conferred under
13s. 757.69.
AB383,337
14Section
337. 967.02 (8) of the statutes is repealed.
AB383,338
15Section
338. 967.025 (title) of the statutes is created to read:
AB383,110,16
16967.025 (title)
Definitions.
AB383,339
17Section
339. 967.025 (2) of the statutes is created to read:
AB383,110,1918
967.025
(2) "Bond" means a promise by a person in custody to appear in court
19as required and to comply with other conditions.
AB383,340
20Section
340. 967.025 (3) of the statutes is created to read:
AB383,110,2221
967.025
(3) "Citation" means a directive, issued by a law enforcement officer,
22that a person appear in court or the district attorney's office.
AB383,341
23Section
341. 967.025 (5) of the statutes is created to read:
AB383,111,224
967.025
(5) "Complaint" or "criminal complaint" means the written statement
25of the essential facts constituting the crime charged that is issued by a district
1attorney. "Complaint" or "criminal complaint" includes a citation endorsed by a
2district attorney under s. 969.24 (5).
AB383,342
3Section
342. 967.025 (7) of the statutes is created to read:
AB383,111,64
967.025
(7) "Crime" means conduct that is prohibited by state law and
5punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture
6is not a crime.
AB383,343
7Section
343. 967.025 (8) of the statutes is created to read:
AB383,111,98
967.025
(8) "Crime considered at sentencing" means any crime for which the
9defendant was convicted and any read-in crime.
AB383,344
10Section
344. 967.025 (10) of the statutes is created to read:
AB383,111,1411
967.025
(10) "District attorney" includes any duly qualified deputies and
12assistants and includes a special prosecutor under s. 978.045, a person assisting
13under s. 978.05 (8) (b), and the attorney general in cases in which he or she is
14authorized to investigate or prosecute.
AB383,345
15Section
345. 967.025 (11) of the statutes is created to read:
AB383,111,2016
967.025
(11) "Felony" means a crime punishable by imprisonment in the
17Wisconsin state prisons, but does not include a crime that is punishable by
18imprisonment in prison only as a result of the application of a penalty increase
19provision that does not specifically provide that application of the penalty increase
20makes the crime a felony.
AB383,346
21Section
346. 967.025 (14) of the statutes is created to read:
AB383,111,2222
967.025
(14) "Misdemeanor" means a crime other than a felony.
AB383,347
23Section
347. 967.025 (15) of the statutes is created to read:
AB383,111,2424
967.025
(15) "Motion" means an application for an order.
AB383,348
25Section
348. 967.025 (16) of the statutes is created to read:
AB383,112,4
1967.025
(16) "Read-in crime" means any crime that is uncharged or that is
2dismissed as part of a plea agreement, that the defendant agrees to have considered
3by the court at the time of sentencing, and that the court considers at the time of
4sentencing the defendant for the crime for which the defendant was convicted.
AB383,349
5Section
349. 967.025 (17) of the statutes is created to read:
AB383,112,76
967.025
(17) "Sentencing" means the imposition of a sentence, fine, or
7probation.
AB383,350
8Section
350. 967.03 of the statutes is repealed.
AB383,351
9Section
351. 967.04 (title), (1), (2), (3), (4), (5) and (6) of the statutes are
10renumbered 967.21 (title), (1), (2), (3), (4), (5) and (6), and 967.21 (title), (1) and (4)
11(a), as renumbered, are amended to read:
AB383,112,23
12967.21 (title)
Depositions in criminal proceedings generally. (1) 13Circumstance under which permitted. If it appears that a prospective witness may
14be unable to attend or prevented from attending a criminal trial or hearing, that the
15prospective witness's testimony is material and that it is necessary to take the
16prospective witness's deposition in order to prevent a failure of justice, the court at
17any time after the filing of an indictment or
information complaint may upon motion
18and notice to the parties order that the prospective witness's testimony be taken by
19deposition and that any designated books, papers, documents
, or tangible objects,
20not privileged, be produced at the same time and place. If a witness is committed
21pursuant to s.
969.01 (3) 969.52, the court shall direct that the witness's deposition
22be taken upon notice to the parties.
After the deposition has been subscribed, the
23court shall discharge the witness.
AB383,113,4
24(4) (a) If the state or a witness procures
such an order
under sub. (1), the notice
25shall inform the defendant that the defendant is required to personally attend at the
1taking of the deposition and that the defendant's failure so to do is a waiver of the
2defendant's right to face the witness whose deposition is to be taken. Failure to
3attend shall constitute a waiver unless the defendant was physically unable to
4attend.
AB383,352
5Section
352. 967.04 (7) (a) of the statutes is renumbered 967.22 (1) and
6amended to read:
AB383,113,127
967.22
(1) Circumstance under which permitted. In any criminal prosecution
8or any proceeding under ch. 48 or 938, any party may move the court to order that
9a deposition of a child who has been or is likely to be called as a witness be taken by
10audiovisual means. Upon notice and hearing, the court may issue an order for such
11a deposition if the trial or hearing in which the child may be called will commence
12before one of the following:
AB383,113,1313
(a)
Prior to the The child's 12th birthday
; or.
AB383,113,1614
(b)
Prior to the The child's 16th birthday
and if the court finds
under sub. (2) 15that the interests of justice warrant that the child's testimony be prerecorded for use
16at the trial or hearing
under par. (b).
AB383,353
17Section
353. 967.04 (7) (b) of the statutes is renumbered 967.22 (2), and 967.22
18(2) (intro.), (a), (c), (f), (g) and (h), as renumbered, are amended to read:
AB383,113,2019
967.22
(2) Determining interests of justice. Among the factors
which that the
20court may consider in determining the interests of justice are any of the following:
AB383,113,2321
(a) The child's chronological age, level of development and capacity to
22comprehend the significance of the events
about which the child will testify and to
23verbalize about them.
AB383,114,324
(c) Whether the events about which the child will testify constituted criminal
25or antisocial conduct against the child or a person with whom the child had a close
1emotional relationship and, if the conduct constituted a battery or a sexual assault,
2its duration and the extent of physical or emotional injury
thereby caused
by the
3battery or sexual assault.
AB383,114,54
(f) The child's behavior at or reaction to previous interviews concerning the
5events
involved about which the child will testify.
AB383,114,116
(g) Whether the child blames himself or herself for the events
involved about
7which the child will testify or has ever been told by any person not to disclose them;
8whether the child's prior reports to associates or authorities of the events have been
9disbelieved or not acted upon; and the child's
subjective belief regarding what
10consequences to himself or herself, or persons with whom the child has a close
11emotional relationship, will ensue from providing testimony.
AB383,114,1712
(h) Whether the child manifests or has manifested symptoms associated with
13posttraumatic stress disorder or other mental disorders, including
, without
14limitation, reexperiencing the events, fear of their repetition, withdrawal,
15regression, guilt, anxiety, stress, nightmares, enuresis, lack of self-esteem, mood
16changes, compulsive behaviors, school problems, delinquent or antisocial behavior,
17phobias
, or changes in interpersonal relationships.
AB383,354
18Section
354. 967.04 (8) of the statutes is renumbered 967.22 (3), and 967.22
19(3) (a) and (b) (intro.) and 4., as renumbered, are amended to read:
AB383,115,320
967.22
(3) Procedures. (a) If the court orders a deposition under sub.
(7) (1),
21the judge shall preside at the taking of the deposition and enforce compliance with
22the applicable provisions of ss. 885.44 to 885.47. Notwithstanding s. 885.44 (5),
23counsel may make objections and the judge shall make rulings thereon as at trial.
24The clerk
of court shall keep the certified original recording of a deposition taken
25under sub.
(7) (1) in a secure place. No person may inspect or copy the deposition
1except by order of the court upon a showing that inspection or copying is required for
2editing under s. 885.44 (12) or for the investigation, prosecution
, or defense of the
3action in which it was authorized or the provision of services to the child.
AB383,115,54
(b) (intro.) If the court orders that a deposition be taken by audiovisual means
5under sub.
(7) (1), the court shall do all of the following:
AB383,115,106
4.
Determine that the child understands that it is wrong to tell a lie and will
7testify truthfully if If the child's developmental level or verbal skills are such that
8administration of an oath or affirmation in the usual form would be inappropriate
,
9determine that the child understands that it is wrong to tell a lie and will testify
10truthfully.
AB383,355
11Section
355. 967.04 (9) of the statutes is renumbered 967.22 (4) and amended
12to read:
AB383,115,2113
967.22
(4) Use at trial, hearing, or other proceeding. In any criminal
14prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may
15admit into evidence a recorded deposition taken under
subs. (7) and (8) this section 16without an additional hearing under s. 908.08. In any proceeding under s. 302.113
17(9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order
18that a deposition be taken by audiovisual means and preside at the taking of the
19deposition using the procedure provided in
subs. (7) and (8) this section and may
20admit the recorded deposition into evidence without an additional hearing under s.
21908.08.
AB383,356
22Section
356. 967.04 (10) of the statutes is renumbered 967.22 (5) and amended
23to read:
AB383,116,624
967.22
(5) Subsequent testimony. If a court or hearing examiner admits a
25recorded deposition into evidence under sub.
(9)
(4), the child may not be called as
1a witness at the proceeding in which it was admitted unless the court or hearing
2examiner so orders upon a showing that additional testimony by the child is required
3in the interest of fairness for reasons neither known nor with reasonable diligence
4discoverable at the time of the deposition by the party seeking to call the child. The
5testimony of a child who is required to testify under this subsection may be taken in
6accordance with s.
972.11 (2m) 972.20, if applicable.
AB383,357
7Section
357. 967.05 (title) of the statutes is renumbered 970.06 (title) and
8amended to read:
AB383,116,9
9970.06 (title)
Methods of commencing prosecution.
AB383,358
10Section
358. 967.05 (1) (intro.) and (a) of the statutes are consolidated,
11renumbered 970.06 (1) and amended to read:
AB383,116,1312
970.06
(1) A prosecution
may be is commenced by the filing of
: (a) A a 13complaint
;.
AB383,359
14Section
359. 967.05 (1) (b) and (c) of the statutes are repealed.
AB383,360
15Section
360. 967.05 (2) and (3) of the statutes are repealed.
AB383,361
16Section
361. 967.055 of the statutes is renumbered 970.25, and 970.25 (2) (a)
17and (b), as renumbered, are amended to read:
AB383,117,1218
970.25
(2) (a) Notwithstanding s.
971.29 970.09, if the prosecutor seeks to
19dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
20therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
21use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
22to the court. The application shall state the reasons for the proposed amendment or
23dismissal. The court may approve the application only if the court finds that the
24proposed amendment or dismissal is consistent with the public's interest in deterring
25the operation of motor vehicles by persons who are under the influence of an
1intoxicant, a controlled substance, a controlled substance analog or any combination
2of an intoxicant, controlled substance and controlled substance analog, under the
3influence of any other drug to a degree which renders him or her incapable of safely
4driving, or under the combined influence of an intoxicant and any other drug to a
5degree which renders him or her incapable of safely driving, in deterring the
6operation of motor vehicles by persons with a detectable amount of a restricted
7controlled substance in his or her blood, or in deterring the operation of commercial
8motor vehicles by persons with an alcohol concentration of 0.04 or more. The court
9may not approve an application to amend the vehicle classification from a
10commercial motor vehicle to a noncommercial motor vehicle unless there is evidence
11in the record that the motor vehicle being operated by the defendant at the time of
12his or her arrest was not a commercial motor vehicle.
AB383,118,213
(b) Notwithstanding s.
971.29 970.09, if the prosecutor seeks to dismiss or
14amend a charge under s. 30.681 (1) or a local ordinance in conformity therewith, a
15charge under s. 30.681 (2), a charge under s. 30.684 (5) or a local ordinance in
16conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the
17use of a motorboat, except a sailboat operating under sail alone, the prosecutor shall
18apply to the court. The application shall state the reasons for the proposed
19amendment or dismissal. The court may approve the application only if the court
20finds that the proposed amendment or dismissal is consistent with the public's
21interest in deterring the operation of motorboats by persons who are under the
22influence of an intoxicant, a controlled substance, a controlled substance analog or
23any combination of an intoxicant, controlled substance and controlled substance
24analog, under the influence of any other drug to a degree which renders him or her
25incapable of operating a motorboat safely, or under the combined influence of an
1intoxicant and any other drug to a degree which renders him or her incapable of
2operating a motorboat safely.
AB383,362
3Section
362. 967.057 of the statutes is renumbered 970.15 (6).
AB383,363
4Section
363. 967.06 (title) of the statutes is repealed.
AB383,364
5Section
364. 967.06 (1) and (2) (a) of the statutes are consolidated,
6renumbered 971.013 and amended to read:
AB383,118,20
7971.013 Determination of indigency; appointment of counsel. As soon
8as practicable after a person has been detained or arrested in connection with any
9offense that is punishable by incarceration
, or in connection with any civil
10commitment proceeding, or in any other situation in which a person is entitled to
11counsel regardless of ability to pay under the constitution or laws of the United
12States or this state, the person shall be informed of his or her right to counsel.
(2)
13(a) Except as provided in par. (b), a A person
entitled to counsel under sub. (1) who
14indicates at any time that he or she wants to be represented by a lawyer, and who
15claims that he or she is not able to pay in full for a lawyer's services, shall
16immediately be permitted to contact the authority for indigency determinations
17specified under s. 977.07 (1). The authority for indigency determination in each
18county shall have daily telephone access to the county jail in order to identify all
19persons who are being held in the jail. The jail personnel shall provide by phone
20information requested by the authority.
AB383,365
21Section
365. 967.06 (2) (b) of the statutes is repealed.
AB383,366
22Section
366. 967.06 (3) of the statutes is renumbered 977.072.
AB383,367
23Section
367. 967.07 of the statutes is repealed.
AB383,368
24Section
368. 967.08 (title) of the statutes is renumbered 967.14 (title).
AB383,369
1Section
369. 967.08 (1) of the statutes is renumbered 967.14 (1) (intro.) and
2amended to read:
AB383,119,73
967.14
(1) Proceedings covered. (intro.) Unless good cause to the contrary is
4shown,
the court may permit any of the following proceedings
referred to in this
5section may to be conducted by telephone
or live audiovisual means, if available. If
6the proceeding is required to be reported under SCR 71.01 (2), the
on the request of
7either party:
AB383,119,21
8(5) Procedures. A proceeding
conducted under this section shall be
reported 9recorded by a court reporter
who is in simultaneous voice communication with all
10parties to the proceeding. Regardless of the physical location of any party to the call,
11any plea, waiver, stipulation, motion, objection, decision, order or other action taken
12by the court or any party shall have the same effect as if made in open court. With
13the exceptions of scheduling conferences, pretrial conferences, and, during hours the
14court is not in session, setting, review, modification of bail and other conditions of
15release under ch. 969, the if it is required to be reported under SCR 71.01 (2). The 16proceeding shall be conducted in a courtroom or other place reasonably accessible to
17the public
, with the exception of scheduling conferences, pretrial conferences, and,
18when the court is not in session, the setting, review, or modification of the conditions
19of release. Simultaneous access to the proceeding shall be provided to persons
20entitled to attend by means of a loudspeaker or, upon request to the court, by making
21a person party to the telephone call without charge.