AB383: Bill Text

AB383,358 Section 358. 967.05 (1) (intro.) and (a) of the statutes are consolidated, renumbered 970.06 (1) and amended to read:

AB383,116,13 970.06 (1) A prosecution may be is commenced by the filing of: (a) A a complaint;.

AB383,359 Section 359. 967.05 (1) (b) and (c) of the statutes are repealed.

AB383,360 Section 360. 967.05 (2) and (3) of the statutes are repealed.

AB383,361 Section 361. 967.055 of the statutes is renumbered 970.25, and 970.25 (2) (a) and (b), as renumbered, are amended to read:

AB383,117,12 970.25 (2) (a) Notwithstanding s. 971.29 970.09, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in deterring the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

AB383,118,2 (b) Notwithstanding s. 971.29 970.09, if the prosecutor seeks to dismiss or amend a charge under s. 30.681 (1) or a local ordinance in conformity therewith, a charge under s. 30.681 (2), a charge under s. 30.684 (5) or a local ordinance in conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the use of a motorboat, except a sailboat operating under sail alone, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motorboats by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely.

AB383,362 Section 362. 967.057 of the statutes is renumbered 970.15 (6).

AB383,363 Section 363. 967.06 (title) of the statutes is repealed.

AB383,364 Section 364. 967.06 (1) and (2) (a) of the statutes are consolidated, renumbered 971.013 and amended to read:

AB383,118,20 971.013 Determination of indigency; appointment of counsel. As soon as practicable after a person has been detained or arrested in connection with any offense that is punishable by incarceration, or in connection with any civil commitment proceeding, or in any other situation in which a person is entitled to counsel regardless of ability to pay under the constitution or laws of the United States or this state, the person shall be informed of his or her right to counsel. (2) (a) Except as provided in par. (b), a A person entitled to counsel under sub. (1) who indicates at any time that he or she wants to be represented by a lawyer, and who claims that he or she is not able to pay in full for a lawyer's services, shall immediately be permitted to contact the authority for indigency determinations specified under s. 977.07 (1). The authority for indigency determination in each county shall have daily telephone access to the county jail in order to identify all persons who are being held in the jail. The jail personnel shall provide by phone information requested by the authority.

AB383,365 Section 365. 967.06 (2) (b) of the statutes is repealed.

AB383,366 Section 366. 967.06 (3) of the statutes is renumbered 977.072.

AB383,367 Section 367. 967.07 of the statutes is repealed.

AB383,368 Section 368. 967.08 (title) of the statutes is renumbered 967.14 (title).

AB383,369 Section 369. 967.08 (1) of the statutes is renumbered 967.14 (1) (intro.) and amended to read:

AB383,119,7 967.14 (1) Proceedings covered. (intro.) Unless good cause to the contrary is shown, the court may permit any of the following proceedings referred to in this section may to be conducted by telephone or live audiovisual means, if available. If the proceeding is required to be reported under SCR 71.01 (2), the on the request of either party:

AB383,119,21 (5) Procedures. A proceeding conducted under this section shall be reported recorded by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, setting, review, modification of bail and other conditions of release under ch. 969, the if it is required to be reported under SCR 71.01 (2). The proceeding shall be conducted in a courtroom or other place reasonably accessible to the public, with the exception of scheduling conferences, pretrial conferences, and, when the court is not in session, the setting, review, or modification of the conditions of release. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge.

AB383,370 Section 370. 967.08 (2) (intro.) of the statutes is renumbered 967.14 (3) and amended to read:

AB383,120,4 967.14 (3) Requests and objections. The court may permit the following proceedings to be conducted under sub. (1) on the request of either party. The request and the opposing party's showing of good cause for not conducting the proceeding A party may make a request under sub. (1) may be made by telephone. The opposing party may show good cause by telephone for not conducting the proceeding under this section.

AB383,371 Section 371. 967.08 (2) (a) to (c) of the statutes are renumbered 967.14 (1) (a) to (c) and amended to read:

AB383,120,8 967.14 (1) (a) Initial appearance under s. 970.01 subch. I of ch. 971 or pretrial conference.

AB383,120,10 (b) Waiver of preliminary examination under s. 970.03, a competency hearing under s. 971.14 (4) or 975.34.

AB383,120,11 (e) Waiver of a jury trial under s. 972.02 972.005 (1).

AB383,120,12 (c) Motions for extension of time under ss. 970.03 (2), 971.10 or other statutes.

AB383,372 Section 372. 967.08 (2) (d) of the statutes is repealed.

AB383,373 Section 373. 967.08 (3) (intro.) of the statutes is renumbered 967.14 (1) (f) (intro.) and amended to read:

AB383,120,19 967.14 (1) (f) (intro.) Non-evidentiary proceedings on the following matters may be conducted under sub. (1) on request of either party. The request and the opposing party's showing of good cause for not conducting the proceeding under sub. (1) may be made by telephone.:

AB383,374 Section 374. 967.08 (3) (a) to (f) of the statutes are renumbered 967.14 (1) (f) 1. to 6. and amended to read:

AB383,120,23 967.14 (1) (f) 1. Setting, review, and modification of bail and other conditions of release under s. 974.09 or ch. 969.

AB383,120,25 2. Motions for severance under s. 971.12 (3) 971.68 (2) or consolidation joint trial of charges under s. 971.12 (4) 971.67.

AB383,121,2 3. Motions for testing of physical evidence under s. 971.23 (5) discovery or for protective orders under s. 971.23 (6) subch. IV of ch. 971.

AB383,121,4 4. Motions under s. 971.31 directed to the sufficiency of the complaint or the affidavits supporting basis for the issuance of a warrant for arrest or search.

AB383,121,5 5. Motions in limine, including those under s. 972.11 (2) (b).

AB383,121,7 6. Motions to postpone, including those under s. 971.29 related to scheduling under subch. III of ch. 971.

AB383,375 Section 375. 967.09 of the statutes is renumbered 967.14 (6), and 967.14 (6) (title), as renumbered, is amended to read:

AB383,121,10 967.14 (6) (title) Interpreters may serve by telephone or video.

AB383,376 Section 376. 967.10 of the statutes is renumbered 967.23.

AB383,377 Section 377. 967.11 of the statutes, as affected by 2013 Wisconsin Act 20 is renumbered 970.16.

AB383,378 Section 378. 967.12 (3) of the statutes is created to read:

AB383,121,16 967.12 (3) If trial is waived, when the court accepts the defendant's plea of guilty or no contest.

AB383,379 Section 379. 967.13 (1) (a) and (b) of the statutes are created to read:

AB383,121,18 967.13 (1) (a) The initial appearance.

AB383,121,19 (b) Any proceeding at which a plea is entered or withdrawn.

AB383,380 Section 380. 967.13 (1) (i) of the statutes is created to read:

AB383,121,21 967.13 (1) (i) Sentencing.

AB383,381 Section 381. 967.14 (1) (d) of the statutes is created to read:

AB383,121,23 967.14 (1) (d) Entry of a plea other than one that results in a finding of guilt.

AB383,382 Section 382. 967.14 (2) of the statutes is created to read:

AB383,122,2 967.14 (2) Criteria for good cause. In determining good cause under sub. (1), the court may consider the criteria under s. 885.56 (1).

AB383,383 Section 383. 967.14 (4) of the statutes is created to read:

AB383,122,6 967.14 (4) Pleas of guilty or no contest and sentencing. If the district attorney, the defendant, and defense counsel consent, the court may permit any of the following proceedings to be conducted by telephone:

AB383,122,7 (a) A proceeding to accept a plea of guilty or no contest.

AB383,122,8 (b) A sentencing proceeding.

AB383,384 Section 384. 967.21 (2) (title) of the statutes is created to read:

AB383,122,10 967.21 (2) (title) Procedure.

AB383,385 Section 385. 967.21 (3) (title) of the statutes is created to read:

AB383,122,12 967.21 (3) (title) Applicability of civil rules.

AB383,386 Section 386. 967.21 (4) (title) of the statutes is created to read:

AB383,122,14 967.21 (4) (title) Attendance by defendant.

AB383,387 Section 387. 967.21 (5) (title) of the statutes is created to read:

AB383,122,16 967.21 (5) (title) Use at trial or hearing.

AB383,388 Section 388. 967.21 (6) (title) of the statutes is created to read:

AB383,122,18 967.21 (6) (title) Objections.

AB383,389 Section 389. 967.22 (title) of the statutes is created to read:

AB383,122,20 967.22 (title) Deposition of a child by audiovisual means.

AB383,390 Section 390. 968.01 (title) of the statutes is renumbered 970.07 (title) and amended to read:

AB383,122,23 970.07 (title) Complaint; contents and oath.

AB383,391 Section 391. 968.01 (1) (intro.), (a) and (b) of the statutes are renumbered 970.07 (1) (intro.), (a) and (b).

AB383,392 Section 392. 968.01 (1) (c) of the statutes is repealed.

AB383,393 Section 393. 968.01 (2) of the statutes is renumbered 970.07 (2) and amended to read:

AB383,123,9 970.07 (2) The complaint is a written statement of the shall specify the time and place each crime charged was committed, the section of the statutes alleged to have been violated, and the maximum penalty prescribed for each crime charged. The complaint shall include a statement of the essential facts constituting the offense crime charged. A person may make a complaint on, signed by the person on whose knowledge, information, and belief the statement is based.

AB383,123,11 (3) Except as provided in sub. (3) (4) or (5), the complaint shall be made upon oath before a district attorney or judge as provided in this chapter.

AB383,394 Section 394. 968.01 (3) of the statutes is renumbered 970.07 (4) and amended to read:

AB383,123,20 970.07 (4) A person may comply with sub. (2) if he or she makes the oath by telephone contact with the district attorney or judge, signs the statement, and immediately thereafter transmits a copy facsimile of the signed statement to the district attorney or judge using a facsimile machine. The person shall also transmit the original signed statement, without using a facsimile machine, to the district attorney or judge, who shall file it with the clerk. If the complaint is filed, both the original and the copy facsimile shall be filed under s. 968.02 (2) 970.08.

AB383,395 Section 395. 968.01 (4) of the statutes is renumbered 970.07 (5).

AB383,396 Section 396. Subchapter I (title) of chapter 968 [precedes 968.015] of the statutes is created to read:

AB383,123,24 chapter 968

AB383,124,2 subchapter I Inquests

AB383,397 Section 397. 968.02 (title) and (1) of the statutes are renumbered 970.08 (title) and (1) and amended to read:

AB383,124,11 970.08 (title) Issuance and filing of complaints Filing the complaint. (1) Except as otherwise provided in this section, a complaint charging a person with an offense shall be issued only by a Only the district attorney of the county where the a crime is alleged to have been committed. A complaint is issued when it is approved for filing by the district attorney. The approval shall be in the form of a written endorsement on the complaint may be tried under s. 970.14 may file a complaint.

AB383,398 Section 398. 968.02 (2) of the statutes is repealed.

AB383,399 Section 399. 968.02 (3) of the statutes is repealed.

AB383,400 Section 400. 968.02 (4) of the statutes is repealed.

AB383,401 Section 401. 968.025 (title) of the statutes is created to read:

AB383,124,16 968.025 (title) Inquest procedures.

AB383,402 Section 402. 968.025 (3) of the statutes is created to read:

AB383,124,20 968.025 (3) Where conducted. An inquest may be held in any county in this state in which venue would lie for the trial of any offense that could be charged as the result of or involving the death.

AB383,403 Section 403. 968.025 (4) (title) of the statutes is created to read: