AB383: Bill Text

AB383,207,18 (3) If monetary conditions of release are not specified on the bench warrant, a defendant or witness arrested pursuant to the warrant is not eligible for release before appearing in court.

AB383,653 Section 653. Chapter 970 (title) of the statutes is repealed and recreated to read:

AB383,207,22 CHAPTER 970 commencement of prosecution

AB383,654 Section 654. 970.01 (title) of the statutes is repealed.

AB383,655 Section 655. 970.01 (1) of the statutes is renumbered 971.015 (1) (a) and amended to read:

AB383,208,8 971.015 (1) (a) Any Except as provided in par. (b), any person who is arrested and not sooner released from custody shall be taken within a reasonable time before a judge in brought before the court for the county in which the offense was alleged to have been committed. The may be tried under s. 970.14 for an initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. If the within a reasonable time after the day of arrest. In no event shall an arrested person be held for more than 96 hours, including weekends and holidays, without a court determination regarding conditions of release under s. 969.33.

AB383,208,16 (3) Telephone proceedings. When an initial appearance is conducted by telephone or live audiovisual means under s. 967.14 or video conferencing under subch. III of ch. 885, the person may waive physical appearance. Waiver of physical appearance shall be placed on the record of the initial appearance and does not waive other grounds for challenging the court's personal jurisdiction. If the person does not waive physical appearance, conducting the initial appearance by telephone or live audiovisual means under s. 967.08 defendant does not waive any grounds ground that the person defendant has for challenging the court's personal jurisdiction.

AB383,656 Section 656. 970.01 (2) of the statutes is repealed.

AB383,657 Section 657. 970.02 (title) of the statutes is repealed.

AB383,658 Section 658. 970.02 (1) (intro.) of the statutes is repealed.

AB383,659 Section 659. 970.02 (1) (a) of the statutes is renumbered 971.027 (3) and amended to read:

AB383,209,4 971.027 (3) Notice of the charges and penalties. Of the charge against the defendant and shall furnish The court shall ensure that the district attorney has furnished the defendant with a copy of the complaint which shall contain the possible penalties for the offenses set forth therein. In the case of a felony, the judge shall also inform the defendant of the and ensure that the defendant has been informed of the nature of the charge and the penalties for the felony each crime with which the defendant is charged. The district attorney shall read the complaint to the defendant at the defendant's request.

AB383,660 Section 660. 970.02 (1) (b) and (6) of the statutes are consolidated, renumbered 971.027 (1) and amended to read:

AB383,209,17 971.027 (1) Right to counsel. Of   If the defendant is not represented by counsel, the court shall inform the defendant of his or her right to counsel and, in any case required by the U.S. or Wisconsin constitution, that an attorney will be appointed to represent him or her if he or she is financially unable to employ counsel. (6) In all cases in which the defendant is entitled to legal representation under the constitution or laws of the United States or this state, the judge or magistrate shall inform the defendant of his or her right to counsel and, if the defendant claims or appears to be indigent, shall refer the person defendant to the authority for indigency determinations specified under s. 977.07 (1). Unless the defendant knowingly and voluntarily waives the right to counsel, the court may not permit an unrepresented defendant to enter a plea other than not guilty.

AB383,661 Section 661. 970.02 (1) (c) of the statutes is repealed.

AB383,662 Section 662. 970.02 (2) of the statutes is renumbered 971.027 (5) and amended to read:

AB383,209,23 971.027 (5) Conditions of release. The judge At the initial appearance, the court shall admit the defendant to bail in accordance with establish, modify, or continue the conditions of the defendant's release under ch. 969.

AB383,663 Section 663. 970.02 (3) of the statutes is repealed.

AB383,664 Section 664. 970.02 (4) of the statutes is repealed.

AB383,665 Section 665. 970.02 (5) of the statutes is repealed.

AB383,666 Section 666. 970.02 (7) of the statutes is renumbered 971.027 (6).

AB383,667 Section 667 . 970.02 (8) of the statutes, as created by 2013 Wisconsin Act 20, is renumbered 971.027 (7).

AB383,668 Section 668. 970.03 (title), (1), (2), (3), (5), (7), (8), (9), (10), (13) and (14) of the statutes are repealed.

AB383,669 Section 669. 970.03 (4) of the statutes is renumbered 971.75 (9), and 971.75 (9) (a), as renumbered, is amended to read:

AB383,210,19 971.75 (9) (a) If the defendant juvenile is accused of a crime under s. 940.225, 948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s. 940.302 (2), if the court finds that the crime was sexually motivated, as defined in s. 980.01 (5), the court may exclude from the any hearing under this section all persons who are not officers of the court, members of the complainant's or defendant's families or others considered by the court to be supportive of the complainant or defendant, the service representative, as defined in s. 895.45 (1) (c), or other persons required to attend, if the court finds that the state or the defendant juvenile has established a compelling interest that would likely be prejudiced if the persons were not excluded. The court may consider as a compelling interest, among others, the need to protect a complainant from undue embarrassment and emotional trauma.

AB383,670 Section 670. 970.03 (6) of the statutes is renumbered 971.75 (6) (b) and amended to read:

AB383,211,2 971.75 (6) (b) During the preliminary examination any hearing under this section, the court may exclude witnesses until they are called to testify, may direct that persons who are expected to be called as witnesses be kept separate until called, and may prevent them from communicating with one another until they have been examined.

AB383,671 Section 671. 970.03 (12) of the statutes is renumbered 971.75 (7), and 971.75 (7) (a) 1., (b) and (c), as renumbered, are amended to read:

AB383,211,5 971.75 (7) (a) 1. "Hospital" has the meaning designated given in s. 50.33 (2).

AB383,211,15 (b) At any preliminary examination hearing under this section, a report of one of the crime laboratory's, the state laboratory of hygiene's, a federal bureau of investigation laboratory's, a hospital laboratory's, or a local health department's findings with reference to all or any part of the evidence submitted, certified as correct by the attorney general, the director of the state laboratory of hygiene, the director of the federal bureau of investigation, the chief hospital administrator, the local health officer, as defined in s. 250.01 (5), or a person designated by any of them, shall, when offered by the state or the accused, be received as evidence of the facts and findings stated, if relevant. The expert who made the findings need not be called as a witness.

AB383,211,21 (c) At any preliminary examination hearing under this section in Milwaukee County, a latent fingerprint report of the city of Milwaukee police department bureau of identification division's latent fingerprint identification unit, certified as correct by the police chief or a person designated by the police chief, shall, when offered by the state or the accused, be received as evidence of the facts and findings stated, if relevant. The expert who made the findings need not be called as a witness.

AB383,672 Section 672. 970.032 (title) of the statutes is repealed.

AB383,673 Section 673 . 970.032 (1) of the statutes is renumbered 971.75 (1) and amended to read:

AB383,212,8 971.75 (1) Probable cause hearing. Notwithstanding s. 970.03, if a preliminary examination is held regarding a juvenile who is subject to the original jurisdiction of If the court of criminal has original jurisdiction over a juvenile under s. 938.183 (1), the court shall first conduct an evidentiary hearing to determine whether if there is probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever is applicable. Notwithstanding s. 908.02, hearsay is admissible in a hearing under this section.

AB383,212,14 (3) Findings at probable cause hearing. (a) If the court does not make that finding find that there is probable cause to believe the juvenile committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever is applicable, the court shall order that the juvenile be discharged, but proceedings may be brought regarding the juvenile under ch. 938.

AB383,674 Section 674 . 970.032 (2) (intro.) of the statutes is renumbered 971.75 (3) (b) and amended to read:

AB383,212,23 971.75 (3) (b) If the court finds probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), the court shall conduct a hearing under sub. (5) to determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court may base its finding of probable cause in whole or in part on hearsay admitted under sub. (1).

AB383,213,3 (5) Findings at retention hearing. The If the court finds probable cause under sub. (3) (b), it shall retain jurisdiction unless the juvenile proves by a preponderance of the evidence all of the following:

AB383,675 Section 675. 970.032 (2) (a), (b) and (c) of the statutes are renumbered 971.75 (5) (a), (b) and (c).

AB383,676 Section 676. 970.035 of the statutes is repealed.

AB383,677 Section 677. 970.038 of the statutes is repealed.

AB383,678 Section 678. 970.04 of the statutes is repealed.

AB383,679 Section 679. 970.05 of the statutes is repealed.

AB383,680 Section 680. Subchapter I (title) of chapter 970 [precedes 970.06] of the statutes is created to read:

AB383,213,12 chapter 970

AB383,213,14 subchapter i general provisions

AB383,681 Section 681. 970.06 (2) of the statutes is created to read:

AB383,213,16 970.06 (2) When a grand jury indicts a person, a complaint shall be filed.

AB383,682 Section 682. 970.06 (3) of the statutes is created to read:

AB383,213,18 970.06 (3) The trial of a criminal action shall be upon the complaint.

AB383,683 Section 683. 970.06 (4) of the statutes is created to read:

AB383,213,21 970.06 (4) A complaint upon which a criminal action is tried is an information for the purposes of article I, section 7, of the constitution.

AB383,684 Section 684. 970.08 (2) of the statutes is created to read:

AB383,213,24 970.08 (2) A complaint is filed when the district attorney signs it and files it with the clerk of the court for the county where the crime was committed.

AB383,685 Section 685. 970.09 (2) of the statutes is created to read:

AB383,214,3 970.09 (2) The court may allow the district attorney to amend the complaint after the defendant enters a plea but within a reasonable time before trial if the amendment does not prejudice the defendant.

AB383,686 Section 686. 970.10 (title), (1) and (3) of the statutes are created to read:

AB383,214,8 970.10 (title) Dismissing the complaint. (1) If the district attorney moves to dismiss a complaint, the trial court shall grant the motion unless the court finds that dismissal is contrary to the public interest. The motion may not be granted during the trial without the consent of the defendant.

AB383,214,10 (3) Granting a motion made under sub. (1) dismisses the action, and the clerk shall enter an order to that effect.

AB383,687 Section 687. 970.13 (3) of the statutes is created to read:

AB383,214,13 970.13 (3) Relief from prejudicial joinder. Relief from prejudicial joinder may be sought under s. 971.68 (2).

AB383,688 Section 688. 970.14 (13) of the statutes is created to read:

AB383,214,19 970.14 (13) In an action where the state asserts jurisdiction under s. 939.03 (1) (b) or (c) and where the place of trial cannot readily be determined under this section, the trial may be in the county where the defendant intended that the crime be committed, the county of residence of the intended victims, or, if neither of these applies, Dane County.

AB383,689 Section 689. 970.15 of the statutes is created to read:

AB383,214,23 970.15 Deferred and suspended prosecution agreements. (1) Definitions. (a) "Deferred prosecution agreement" means an agreement under which a prosecutor does not file a criminal complaint but may do so in the future.

AB383,215,3 (b) "Suspended prosecution agreement" means an agreement under which further prosecution against a person is suspended after a prosecutor files a criminal complaint against the person.

AB383,215,7 (2) Deferred prosecution agreements. The same standards that apply to a district attorney's charging authority govern the district attorney's authority to enter into a deferred prosecution agreement. A deferred prosecution agreement is enforceable in the same manner as a plea agreement.

AB383,215,14 (3) Suspended prosecution agreements. 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 when the parties have reached a suspended prosecution agreement. The court's authority to suspend prosecution includes the authority to defer or delay the acceptance of a plea or to withhold entry of judgment. A suspended prosecution agreement is enforceable in the same manner as a plea agreement.

AB383,215,20 (4) Admissions and statements. Consent to, or participation in, a deferred prosecution agreement or a suspended prosecution agreement is not an admission of guilt and is not admissible in any trial relating to the charge to which the agreement pertains. No statement made by a person in connection with a deferred prosecution agreement or a suspended prosecution agreement is admissible in any trial relating to the charge to which the agreement pertains.

AB383,215,25 (5) Immunity. Any organization, agency, or individual acting in good faith for which or for whom a person is assigned to work pursuant to a deferred prosecution agreement or a suspended prosecution agreement has immunity from any civil liability in excess of $25,000 for acts or omissions by the person or affecting the person.

AB383,690 Section 690. Subchapter II (title) of chapter 970 [precedes s. 970.21 of the statutes] is created to read:

AB383,216,3 chapter 970

AB383,216,5 subchapter iI particular offenses

AB383,691 Section 691. Chapter 971 (title) of the statutes is repealed and recreated to read:

AB383,216,8 chapter 971

AB383,216,9 pretrial procedures

AB383,692 Section 692. 971.01 of the statutes is repealed.

AB383,693 Section 693. Subchapter I (title) of chapter 971 [precedes 971.013] of the statutes is created to read:

AB383,216,13 chapter 971

AB383,216,14 Subchapter I

AB383,216,15 commencement of proceedings

AB383,694 Section 694. 971.015 (title) of the statutes is created to read:

AB383,216,17 971.015 (title) Initial court appearance.

AB383,695 Section 695. 971.015 (1) (title) of the statutes is created to read:

AB383,216,19 971.015 (1) (title) Persons in custody.

AB383,696 Section 696. 971.015 (1) (b) of the statutes is created to read:

AB383,216,24 971.015 (1) (b) A person in custody outside the county in which the offense was alleged to have been committed shall have an initial appearance in the court for the county in which the offense was alleged to have been committed as soon as practicable. Conditions of release may be set under s. 969.33.

AB383,697 Section 697. 971.015 (2) of the statutes is created to read:

AB383,217,3 971.015 (2) Persons not in custody. A person who is arrested and released or who is issued a citation is entitled to an initial appearance within a reasonable time after being arrested or cited.