AB383,222,16
15971.08 (title)
Pleas Accepting pleas of guilty and or no contest;
16withdrawal thereof.
AB383,722
17Section
722. 971.08 (1) (a) of the statutes is renumbered 971.08 (1) (ar) and
18amended to read:
AB383,222,2219
971.08
(1) (ar) Address the defendant personally and determine that the
20defendant is making the plea
is made
knowingly, voluntarily
, and with
21understanding of the
meaning and effect of the plea, the nature of the
charge crime
22to which the plea is entered, and the potential punishment if convicted.
AB383,723
23Section
723. 971.08 (1) (ag) of the statutes is created to read:
AB383,223,324
971.08
(1) (ag) Require the parties to disclose any plea agreement in open court
25or, on a showing of good cause, in camera. Before accepting the plea, the court may
1express any reservations it has concerning the appropriateness of any recommended
2disposition and shall advise the defendant personally that the court is not bound by
3the terms of the plea agreement.
AB383,724
4Section
724. 971.08 (1) (am) of the statutes is created to read:
AB383,223,55
971.08
(1) (am) Ask the defendant to state his or her plea on the record.
AB383,725
6Section
725. 971.08 (1) (b) of the statutes is repealed and recreated to read:
AB383,223,87
971.08
(1) (b) Make an inquiry sufficient to satisfy the court that there is a
8factual basis for a judgment of conviction of the crime to which the plea is entered.
AB383,726
9Section
726. 971.08 (1) (d) of the statutes is amended to read:
AB383,223,1110
971.08
(1) (d) Inquire of the district attorney whether he or she has complied
11with s. 971.095 (2)
and (3).
AB383,727
12Section
727. 971.08 (3) of the statutes is repealed.
AB383,728
13Section
728. 971.085 (title) and (1) (intro.) of the statutes are created to read:
AB383,223,17
14971.085 (title)
Effect of a plea of guilty or no contest. (1) (intro.) A plea
15of guilty or no contest waives all nonjurisdictional defects and defenses that occur
16prior to the plea except that the following may be reviewed upon appeal from a final
17order or judgment:
AB383,729
18Section
729. 971.085 (1) (b) of the statutes is created to read:
AB383,223,2119
971.085
(1) (b) An order denying a motion to dismiss asserting that the statute
20under which the defendant is charged violates the United States or the Wisconsin
21constitution.
AB383,730
22Section
730. 971.085 (2) of the statutes is created to read:
AB383,223,2423
971.085
(2) The court shall permit a defendant who prevails on an appeal of
24an order under sub. (1) (a) or (b) to withdraw his or her plea.
AB383,731
25Section
731. 971.09 of the statutes is repealed and recreated to read:
AB383,224,9
1971.09 Consolidation; plea to or read-in of crimes committed in several
2counties. (1) In general. Consolidation refers to the process by which charges
3pending in more than one county are resolved in a single proceeding in one county.
4Consolidation is a voluntary procedure, requiring the consent of the defendant and
5the district attorneys for all counties whose charges are resolved. Consolidated
6charges shall be resolved by the entry of a plea of guilty or no contest or by an
7agreement that charged crimes be treated as read-in crimes. A defendant who has
8already been convicted of but not sentenced for a crime may apply for consolidation
9of any pending or uncharged crime committed.
AB383,224,16
10(2) A
pplication for consolidation. A defendant may apply to the district
11attorney for a county in which a charge against the defendant is pending to resolve
12in a single proceeding in one county any pending cases. In the application, the
13defendant shall describe with particularity all the crimes that the defendant seeks
14to resolve in the single proceeding, indicate the county in which each of the crimes
15was committed, and indicate the county in which the defendant requests final
16disposition.
AB383,224,24
17(3) Notice and consent. A district attorney who receives an application under
18sub. (2) shall send a copy of the application to the district attorney for each county
19in which a crime indicated in the application was committed. A district attorney who
20receives a copy of the application may execute a written consent to having any crime
21indicated in the application that is subject to disposition in his or her county resolved
22in a proceeding in another county. If a district attorney does not consent to having
23a crime that is subject to disposition in his or her county resolved in another county,
24the crime may not be resolved under this section.
AB383,225,6
1(4) Amending the charge; plea; read-in crimes. (a) If the district attorney to
2whom the defendant submitted the application under sub. (2) consents to resolving
3a case that is subject to disposition in his or her county in a single proceeding under
4this section, the district attorney shall file an amended complaint that charges the
5defendant with all crimes identified in consents executed under sub. (3) that are not
6to be treated as read-in crimes.
AB383,225,117
(b) To resolve crimes charged in the amended complaint under par. (a) in a
8single proceeding, the defendant shall waive in writing or on the record any right to
9be tried in the county in which a crime charged in the amended complaint was
10committed and enter a plea of guilty or no contest to each crime charged in the
11amended complaint.
AB383,225,1312
(c) To resolve read-in crimes under this section, the defendant shall affirm his
13or her agreement to having the crimes considered at sentencing.
AB383,225,1614
(d) A district attorney who executed a consent under sub. (3) need not be
15present when the defendant enters his or her plea but the district attorney's written
16consent shall be filed with the court.
AB383,225,1917
(e) A charge that originated in a county may not be amended or dismissed
18without prior written approval of the district attorney for the county in which the
19charge originated.
AB383,226,4
20(5) Judgment. If it accepts the defendant's plea, the court shall enter judgment
21and sentence the defendant as though all crimes charged in the amended complaint
22were alleged to have been committed in the county where judgment is entered and
23may consider at sentencing any read-in crimes affirmed under sub. (4) (c). The clerk
24of the court for the county in which judgment is entered shall file a copy of the
25judgment of conviction with the clerk of the court for each other county in which
1charges addressed in the
judgment or treated as read-in crimes originated. The
2district attorney for each of the other counties shall then move to dismiss any charges
3that are pending in his or her county against the defendant for charges addressed
4in the judgment or as treated as read-in crimes.
AB383,226,7
5(6) Rights of crime victims. The duties of the district attorney under ch. 950
6and s. 971.095 shall be discharged by the district attorney for the county in which the
7crimes occurred, unless otherwise agreed to by the participating district attorneys.
AB383,226,15
8(7) Prosecution costs. The county in which the plea is made shall pay the costs
9of prosecution if the defendant does not pay them, and is entitled to retain fees for
10receiving and paying to the state any fine that the defendant may pay. The clerk
11where the plea is made shall file a copy of the judgment of conviction with the clerk
12in each county where a crime covered by the plea was committed. The district
13attorney shall then move to dismiss any charges covered by the plea of guilty, which
14are pending against the defendant in the district attorney's county, and the charges
15shall be dismissed.
AB383,732
16Section
732. 971.093 of the statutes is created to read:
AB383,226,20
17971.093 Withdrawal of a plea of guilty or no contest. (1) Before
18sentencing. The court shall grant a motion that is made before sentencing to
19withdraw a plea of guilty or no contest if a fair and just reason for doing so is
20established.
AB383,226,24
21(2) After sentencing. The court shall grant a motion that is made after
22sentencing to withdraw a plea of guilty or no contest if the defendant did not
23knowingly, voluntarily, and understandingly enter the plea or if withdrawal is
24required to prevent manifest injustice.
AB383,227,4
1(3) Remedy. When the court grants a motion to withdraw a plea of guilty or no
2contest under this section, the judgment of conviction is vacated, the original charge
3or charges reinstated, and the parties are restored to the position they were in before
4the plea and any related plea agreement was accepted.
AB383,733
5Section
733. 971.095 (2) and (3) of the statutes are amended to read:
AB383,227,136
971.095
(2) In any case in which a defendant has been charged with a crime,
7the district attorney shall, as soon as practicable, offer all of the victims in the case
8who have
so requested
the opportunity an opportunity to confer with the district
9attorney concerning the prosecution of the case and the possible outcomes of the
10prosecution, including potential plea agreements and sentencing recommendations.
11The duty to confer under this subsection does not limit the obligation of the district
12attorney to exercise his or her discretion concerning the handling of any criminal
13charge against the defendant.
AB383,227,20
14(3) At the request of a victim, a district attorney shall make a reasonable
15attempt to provide the victim with notice of the date, time
, and place of scheduled
16court proceedings
in a case involving relating to the prosecution of a crime of which
17he or she is a victim and any changes in the date, time
, or place of a scheduled court
18proceeding for which the victim has received notice. This subsection does not apply
19to a proceeding held before the initial appearance to set conditions of release under
20ch. 969.
AB383,734
21Section
734. Subchapter III (title) of chapter 971 [precedes 971.098] of the
22statutes is created to read:
AB383,227,2323
chapter 971
AB383,227,2424
Subchapter III
AB383,227,2525
scheduling and expedition of proceedings
AB383,735
1Section
735. 971.098 of the statutes is created to read:
AB383,228,6
2971.098 Scheduling orders; pretrial conferences. After the defendant
3enters a plea, the court may issue a scheduling order and may amend it as
4circumstances require. The order shall be in writing and may specify times for
5discovery, pretrial motions, notices of intent to offer an alibi or another defense
6required to be disclosed, pretrial conferences, trial, or other proceedings.
AB383,736
7Section
736. 971.10 (1) (title) of the statutes is created to read:
AB383,228,88
971.10
(1) (title)
Misdemeanors.
AB383,737
9Section
737. 971.10 (1) of the statutes is renumbered 971.10 (1) (a) and
10amended to read:
AB383,228,1311
971.10
(1) (a)
In Subject to sub. (3), the trial of a defendant who is in custody
12and is charged only with a misdemeanor
actions trial shall commence within
60 45 13days from the date of the defendant's initial appearance in court.
AB383,738
14Section
738. 971.10 (1) (b) of the statutes is created to read:
AB383,228,1815
971.10
(1) (b) Subject to sub. (3), the trial of a defendant who is not in custody
16and is charged only with a misdemeanor shall commence within 60 days from the
17date on which any party demands a speedy trial in writing or on the record. A party
18who makes a demand in writing shall serve a copy upon the opposing party.
AB383,739
19Section
739. 971.10 (2) (a) of the statutes is renumbered 971.10 (2) and
20amended to read:
AB383,229,221
971.10
(2) Felonies. The Subject to sub. (3), the trial of a defendant
who is 22charged with a felony shall commence within 90 days from the date
trial is demanded
23by any party on which any party demands a speedy trial in writing or on the record.
24If the A party who makes a demand
is made in writing
, a copy shall
be served serve
1a copy upon the opposing party. The demand may
not be made
until at any time after
2the filing of the
information complaint or indictment.
AB383,740
3Section
740. 971.10 (2) (b) of the statutes is renumbered 971.10 (2g) and
4amended to read:
AB383,229,75
971.10
(2g) Assignment of another judge. If the court is unable to schedule
6a
timely trial
pursuant to par. (a)
under sub. (1) or (2), the court shall request
7assignment of another judge
pursuant to under s. 751.03.
AB383,741
8Section
741. 971.10 (2r) of the statutes is created to read:
AB383,229,109
971.10
(2r) Inapplicability to detainers. Subsections (1) to (2m) do not apply
10to inmates of a state prison.
AB383,742
11Section
742. 971.10 (3) (title) of the statutes is created to read:
AB383,229,1212
971.10
(3) (title)
Continuances.
AB383,743
13Section
743. 971.10 (3) (a) of the statutes is renumbered 971.10 (3) (a) (intro.)
14and amended to read:
AB383,229,1615
971.10
(3) (a) (intro.) A court may grant a continuance in a case, upon its own
16motion or the motion of any party, if
all of the
following apply:
AB383,229,19
171. The ends of justice served by
taking action a continuance outweigh the best
18interest of the public and the defendant in a speedy trial.
A continuance shall not
19be granted under this paragraph unless the
AB383,229,23
202. The court sets forth,
in on the record
of the case, either orally or in writing,
21its reasons for finding that
the ends of justice served by the granting of the
22continuance outweigh the best interests of the public and the defendant in a speedy
23trial subd. 1. applies.
AB383,744
24Section
744. 971.10 (3) (b) (intro.), 1. and 2. of the statutes are amended to
25read:
AB383,230,3
1971.10
(3) (b) (intro.)
The factors, among others, which the court shall
2consider in In determining whether to grant a continuance under par. (a)
are, the
3court shall consider at least the following factors:
AB383,230,64
1. Whether the failure to grant
the a continuance
in the proceeding would be
5likely to make
a continuation of the proceeding it impossible
to continue the
6proceeding or result in a miscarriage of justice.
AB383,230,107
2. Whether the case taken as a whole is so unusual and so complex, due to the
8number of defendants
or, the nature of the prosecution
, or otherwise, that it is
9unreasonable to expect adequate preparation within the periods of time established
10by this section.
AB383,745
11Section
745. 971.10 (3) (c) of the statutes is amended to read:
AB383,230,1512
971.10
(3) (c)
No A court may not grant a continuance under par. (a)
may be
13granted because of general congestion of the court's calendar
or, the
state's lack of
14diligent preparation
, or the
state's failure to obtain available witnesses
on the part
15of the state.
AB383,746
16Section
746. 971.10 (4) of the statutes is renumbered 971.10 (2m) and
17amended to read:
AB383,230,2318
971.10
(2m) Remedy. Every If a defendant
is not tried
in accordance with on
19time under this section
, the court shall
be discharged release him or her from custody
20but the obligations of the bond or other and remove any monetary conditions of
21release
of a defendant imposed as a result of the charge for which the time limit is
22exceeded. Nonmonetary conditions shall continue
until modified or until the bond
23is released or the conditions removed or may be imposed.
AB383,747
24Section
747. 971.105 of the statutes is amended to read:
AB383,231,9
1971.105 Child victims and witnesses; duty to expedite proceedings. In
2all criminal
and delinquency cases
, juvenile fact-finding hearings under s. 48.31 and
3juvenile dispositional hearings involving a child
as a victim
, as defined in s. 950.02
4(4), or
as a witness, as defined in s. 950.02
(5), the court and the district attorney shall
5take appropriate action to ensure a speedy trial in order to minimize the length of
6time the child must endure the stress of
the child's
his or her involvement in the
7proceeding. In ruling on any motion or other request for a delay or continuance of
8proceedings, the court shall consider and give weight to any adverse impact the delay
9or continuance may have on the well-being of a child victim or witness.
AB383,748
10Section
748. 971.11 (1) of the statutes is amended to read:
AB383,231,2211
971.11
(1) Whenever the warden or superintendent
of a state prison receives
12notice of an untried criminal case pending in this state against an inmate of
a state 13the prison, the warden or superintendent shall, at the request of the inmate, send
14by certified mail a written request to the district attorney for prompt disposition of
15the case. The request shall state the sentence then being served
, and the date of
the
16inmate's parole eligibility,
if applicable, or the date
of release on which the inmate
17will be released to extended supervision,
or the approximate
discharge or conditional
18release date, and prior decision relating to parole. If there has been no preliminary
19examination on the pending case, the request shall state whether the inmate waives
20such examination, and, if so, shall be accompanied by a written waiver signed by the
21inmate date on which the inmate will be discharged. If the inmate is already eligible
22for parole, the request shall describe any prior decision relating to parole.
AB383,749
23Section
749. 971.11 (2) and (3) of the statutes are consolidated, renumbered
24971.11 (2) and amended to read:
AB383,232,11
1971.11
(2) If the crime charged
in the pending case is a felony, the district
2attorney shall either move to dismiss the
pending case or
arrange a date for
3preliminary examination as soon as convenient and notify the warden or
4superintendent of the prison thereof, unless such examination has already been held
5or has been waived. After the preliminary examination or upon waiver thereof, the
6district attorney shall file an information, unless it has already been filed, and mail
7a copy thereof to the warden or superintendent for service on the inmate. The district
8attorney shall bring the case on for trial within 120 days after
receipt of receiving the
9request
, subject to s. 971.10
. (3) (3). If the crime charged
in the pending case is a
10misdemeanor, the district attorney shall either move to dismiss the
charge case or
11bring it on for trial within 90 days after receipt of the request.
AB383,750
12Section
750. 971.11 (4) of the statutes is amended to read:
AB383,232,1713
971.11
(4) If the defendant desires to plead guilty or no contest to the complaint
14or to the information served upon him or her, the defendant shall notify the district
15attorney
thereof. The district attorney shall thereupon arrange for the
defendant's
16arraignment inmate to enter a plea as soon as possible
and the court may receive the
17plea and pronounce judgment.
AB383,751
18Section
751. 971.11 (5) of the statutes is amended to read:
AB383,232,2219
971.11
(5) If the defendant wishes to plead guilty to cases pending in more than
20one county, the
several district attorneys involved may agree with the defendant and
21among themselves for all such pleas to be received in the appropriate court of one of
22such counties, and s. 971.09 shall govern the procedure thereon so far as applicable.
AB383,752
23Section
752. 971.11 (6) of the statutes is amended to read:
AB383,233,924
971.11
(6) The
prisoner shall be delivered warden or superintendent of the
25prison shall deliver the inmate into the custody of the sheriff of the county in which
1the charge is pending for transportation to the court, and the
prisoner shall be
2retained in that sheriff shall retain custody
of the inmate during all proceedings
3under this section. The sheriff shall return the
prisoner inmate to the prison upon
4the completion of the proceedings and during any adjournments or continuances
and
5between the preliminary examination and the trial, except that
, if the department
6of corrections certifies a jail as being suitable to detain the
prisoner inmate, he or she
7may be detained there until the court disposes of the case. The
prisoner's inmate's 8existing sentence continues to run and he or she receives time credit under s. 302.11
9while in custody.
AB383,753
10Section
753. 971.11 (7) of the statutes is amended to read:
AB383,233,1811
971.11
(7) If the district attorney moves to dismiss any pending case
or if it is
12not brought on for trial to which a request under sub. (1) relates or does not bring the
13case on for trial within the time specified in sub. (2)
or (3), the
case court shall
be
14dismissed dismiss the case unless the defendant has escaped or otherwise prevented
15the trial, in which case the request for disposition of the case shall be deemed
16withdrawn and of no further legal effect.
Nothing in this section prevents a trial after
17the period specified in sub. (2) or (3) if a trial commenced within such period
18terminates in a mistrial or a new trial is granted.
AB383,754
19Section
754. 971.12 (title) of the statutes is renumbered 970.13 (title).
AB383,755
20Section
755. 971.12 (1) and (2) of the statutes are renumbered 970.13 (1)
21(intro.) and (2) and amended to read:
AB383,233,2522
970.13
(1) Joinder of crimes. (intro.) Two or more crimes may be charged in
23the same complaint
, information or indictment in a separate count for each crime if
24the crimes charged, whether felonies or misdemeanors, or both,
if each is described
25in a separate count and if any of the following applies:
AB383,234,1
1(a) The crimes are of the same or similar character
or.
AB383,234,2
2(b) The crimes are based on the same act or transaction
or on 2.
AB383,234,5
3(c) The crimes are based on 2 or more acts or transactions connected together
4or constituting parts of a common scheme or plan.
When a misdemeanor is joined
5with a felony, the trial shall be in the court with jurisdiction to try the felony.