AB383: Bill Text

AB383,286,12 (4) Any item or material that is required under par. (b) sub. (2) to remain in possession, custody, and control of a law enforcement agency or court is not subject to the right of inspection or copying under s. 19.35 (1).

AB383,915 Section 915. 971.26 of the statutes is renumbered 970.11.

AB383,916 Section 916. 971.27 of the statutes is renumbered 970.12 and amended to read:

AB383,286,20 970.12 Lost information, or destroyed complaint or indictment. In the case of the loss or destruction of an information or complaint If a complaint is lost or destroyed, the district attorney may file a copy, and the prosecution shall proceed without delay from that cause. In the case of the loss or destruction of an indictment, an information may be filed which shall have the same effect as the original.

AB383,917 Section 917. 971.29 (title) of the statutes is renumbered 970.09 (title) and amended to read:

AB383,286,23 970.09 (title) Amending the charge complaint.

AB383,918 Section 918. 971.29 (1) of the statutes is renumbered 970.09 (1) and amended to read:

AB383,287,3 970.09 (1) A complaint or information may be amended at any time prior to arraignment At any time before the defendant enters a plea, the district attorney may amend the complaint without leave of the court.

AB383,919 Section 919. 971.29 (2) of the statutes is renumbered 970.09 (3) and amended to read:

AB383,287,8 970.09 (3) At the trial, the The court may allow amendment of the district attorney to amend the complaint, indictment or information at trial to conform to the proof where such amendment is not prejudicial to the defendant.

AB383,287,11 (4) After verdict the pleading complaint shall be deemed amended as to technical variances to conform to the proof if no objection to the relevance of the evidence was timely raised upon the trial.

AB383,920 Section 920. 971.29 (3) of the statutes is repealed.

AB383,921 Section 921. 971.30 (title) and (1) of the statutes are repealed.

AB383,922 Section 922. 971.30 (2) (intro.), (a), (b) and (c) of the statutes are consolidated, renumbered 971.65 (1) and amended to read:

AB383,287,23 971.65 (1) Generally. Any motion that is capable of determination before trial may be made before trial. Unless otherwise provided or ordered by the court, all motions the motion shall meet the following criteria: (a) Be be in writing. (b) Contain and contain a caption setting forth the name of the court, the venue, the title of the action, the file number, and a denomination of the party seeking the order or relief and a brief description of the type of order or relief sought. (c) State. The motion shall state with particularity the grounds for the motion and the order or relief sought.

AB383,923 Section 923. 971.31 (title) of the statutes is repealed.

AB383,924 Section 924. 971.31 (1) of the statutes is repealed.

AB383,925 Section 925. 971.31 (2) of the statutes is renumbered 971.65 (3) and amended to read:

AB383,288,11 971.65 (3) Particular issues to be raised. Except as provided in sub. (5), defenses Defenses and objections based on defects in the institution of the proceedings, insufficiency of the complaint, information or indictment, invalidity in whole or in part of the statute on which the prosecution is founded based, or the use of illegal means to secure evidence shall be raised before trial by a motion or be deemed waived. The court may, however, entertain such a motion at the trial, in which case the defendant waives any jeopardy that may have attached. The motion to suppress evidence shall be so entertained with waiver of jeopardy when it appears that the defendant is surprised by the state's possession of such evidence.

AB383,926 Section 926. 971.31 (3) of the statutes is renumbered 972.18 (2) and amended to read:

AB383,288,17 972.18 (2) The admissibility of any statement of the defendant shall be determined at the trial by the court in an evidentiary hearing out of the presence of the jury, unless the defendant, by motion, challenges the court ruled on admissibility of such the statement before trial.

AB383,927 Section 927. 971.31 (4) of the statutes is renumbered 971.65 (4) and amended to read:

AB383,288,24 971.65 (4) Deciding motions before and at trial. Except as provided in sub. (3), a motion shall be determined before trial of the general issue Before trial, the court shall determine each motion made under this section unless the court orders that it be deferred for determination at the trial. All issues of fact arising out of such the motion shall be tried determined by the court without a jury.

AB383,928 Section 928. 971.31 (5) of the statutes is repealed.

AB383,929 Section 929. 971.31 (6) of the statutes is renumbered 971.65 (5) and amended to read:

AB383,289,10 971.65 (5) Custody after dismissal. If the court grants a motion to dismiss based upon a defect in the indictment, information commencement of the prosecution or   in the complaint, or in the institution of the proceedings, it may, upon a showing that probable cause exists to believe that the defendant has committed a crime, order that the defendant be held in custody or that the defendant's bail be continued for not more than 72 48 hours pending issuance of a new summons or warrant or that the conditions of release be continued for a specified time pending the filing of a new indictment, information or complaint.

AB383,930 Section 930. 971.31 (7) of the statutes is repealed.

AB383,931 Section 931. 971.31 (8) of the statutes is repealed.

AB383,932 Section 932. 971.31 (9) of the statutes is renumbered 967.15 and amended to read:

AB383,289,17 967.15 Service upon defendant. A pleading, notice, motion, or other document required to be served on a defendant may be served upon the defendant's attorney of record.

AB383,933 Section 933. 971.31 (10) of the statutes is renumbered 971.085 (1) (a) and amended to read:

AB383,289,24 971.085 (1) (a) An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a defendant may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon a plea of guilty or no contest to the information or criminal complaint.

AB383,934 Section 934. 971.31 (11) of the statutes is renumbered 971.65 (6) and amended to read:

AB383,290,9 971.65 (6) Prior sexual conduct evidence. In actions 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), evidence which that is admissible under s. 972.11 (2) 904.045 must be determined by the court upon pretrial motion to be material to a fact at issue in the case and of sufficient probative value to outweigh its inflammatory and prejudicial nature before it may be introduced at trial.

AB383,935 Section 935. 971.31 (12) of the statutes is renumbered 971.65 (7) and amended to read:

AB383,290,14 971.65 (7) Evidence of personal or medical history. In actions under s. 940.22, the court may determine the admissibility of evidence under s. 972.11 940.22 (6) only upon a pretrial motion.

AB383,936 Section 936. 971.31 (13) of the statutes is renumbered 971.77, and 971.77 (2), as renumbered, is amended to read:

AB383,290,21 971.77 (2) The court shall retain jurisdiction unless the juvenile proves by a preponderance of the evidence that he or she did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer would be appropriate because all of the factors specified in par. (a) 1., 2. and 3. sub. (1) (a), (b), and (c) are met.

AB383,937 Section 937. 971.315 of the statutes is renumbered 970.10 (2) and amended to read:

AB383,291,3 970.10 (2) Inquiry upon dismissal. Before a court dismisses a criminal charge against a person under sub. (1), the court shall inquire of the district attorney whether he or she has complied with s. 971.095 (2).

AB383,938 Section 938. 971.32 of the statutes is renumbered 970.21.

AB383,939 Section 939. 971.34 of the statutes is renumbered 970.22.

AB383,940 Section 940. 971.36 of the statutes is renumbered 970.23.

AB383,941 Section 941. 971.365 of the statutes is renumbered 970.24.

AB383,942 Section 942. 971.38 (1) of the statutes is amended to read:

AB383,291,16 971.38 (1) Except as provided in s. 967.055 970.25 (3), the district attorney may require as a condition of any deferred prosecution program for any crime that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the alleged offense. An order may only apply if agreed to by the defendant and the organization or agency. The district attorney shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

AB383,943 Section 943. 971.39 (1) (intro.) of the statutes is amended to read:

AB383,291,21 971.39 (1) (intro.) Except as provided in s. 967.055 970.25 (3), in counties having a population of less than 100,000, if a defendant is charged with a crime, the district attorney, the department and a defendant may all enter into a deferred prosecution agreement which includes, but is not limited to, the following conditions:

AB383,944 Section 944. Subchapter IV (title) of chapter 971 [precedes 971.42] of the statutes is created to read:

AB383,291,24 chapter 971

AB383,291,25 Subchapter IV

AB383,292,1 discovery

AB383,945 Section 945. 971.42 of the statutes is created to read:

AB383,292,4 971.42 Purposes. Discovery under this subchapter and s. 971.035 is intended, consistent with the constitutional rights of the defendant, to do all of the following:

AB383,292,6 (1) Promote fair and expeditious disposition of criminal charges, whether by deferred or suspended prosecution, plea, or trial.

AB383,292,8 (2) Provide the defendant with sufficient information to make an informed plea.

AB383,292,9 (3) Permit thorough preparation for and minimize surprise at trial.

AB383,292,12 (4) Reduce interruptions and complications during trial and avoid unnecessary and repetitious trials by identifying and resolving any procedural, collateral, or constitutional issues before trial.

AB383,292,13 (5) Minimize inequities among similarly situated defendants.

AB383,292,16 (6) Effect economies in time, money, judicial resources, and professional skills by minimizing paperwork, avoiding repetitious assertion of issues, and reducing the number of separate hearings.

AB383,292,17 (7) Minimize the burden upon victims and witnesses.

AB383,946 Section 946. 971.43 (title) and (1) of the statutes are created to read:

AB383,292,22 971.43 (title) Disclosure by district attorney. (1) Time of disclosure. Except as provided in subs. (5) and (8), the district attorney shall make all disclosures under this section within a reasonable time before the pretrial conference or at a time set in the scheduling order.

AB383,947 Section 947. 971.43 (2) (b) of the statutes is created to read:

AB383,293,2 971.43 (2) (b) Any written or recorded statement concerning the alleged crime made by a codefendant, including the testimony of the codefendant at an inquest, in a John Doe proceeding under s. 968.105, or before a grand jury, and the names of witnesses to the codefendant's written statements.

AB383,948 Section 948. 971.43 (2) (br) of the statutes is created to read:

AB383,293,6 971.43 (2) (br) Any record or testimony taken from a John Doe proceeding under s. 968.105 that the district attorney intends to use at trial and the names of witnesses to the defendant's written statements.

AB383,949 Section 949. 971.43 (2) (e) of the statutes is created to read:

AB383,293,12 971.43 (2) (e) Any written or recorded statement of a person whom the district attorney intends to call as a trial witness that concerns the subject matter of the witness's intended testimony, that has been electronically recorded or reduced to writing and signed or otherwise approved or adopted by the witness, and that is within the possession or control of the state.

AB383,950 Section 950. 971.43 (2) (f) of the statutes is created to read:

AB383,293,15 971.43 (2) (f) Any audiovisual recording of an oral statement of a child under s. 908.08.

AB383,951 Section 951. 971.43 (2) (h) of the statutes is created to read:

AB383,293,18 971.43 (2) (h) After the defendant has obtained or waived legal representation, copies of all law enforcement investigative reports relating to the case.

AB383,952 Section 952. 971.43 (3) of the statutes is created to read:

AB383,293,23 971.43 (3) Character, reputation, or other acts evidence. If the district attorney intends to use evidence of character or reputation or evidence of other crimes or acts under s. 904.04 (2), he or she shall notify the defense of that intention and of the substance of the evidence to be used.

AB383,953 Section 953. 971.43 (4) of the statutes is created to read:

AB383,294,4 971.43 (4) Electronic surveillance. If the defendant's conversations or premises have been subjected to electronic surveillance, including wiretapping, in connection with the investigation or prosecution of the case, the district attorney shall inform the defense of that fact.

AB383,954 Section 954. 971.43 (6) of the statutes is created to read:

AB383,294,9 971.43 (6) Material possessed by investigative personnel. The district attorney shall make reasonable efforts to ensure that investigative personnel provide material and information relevant to the crime charged to the district attorney's office.

AB383,955 Section 955. 971.43 (7) of the statutes is created to read:

AB383,294,15 971.43 (7) Material possessed by other agencies. If the district attorney knows that material and information that would be discoverable if in his or her possession is in the possession or control of a government agency not reporting directly to the district attorney, the district attorney shall disclose the fact of the existence of such material or information to the defense.

AB383,956 Section 956. 971.43 (8) of the statutes is created to read:

AB383,294,19 971.43 (8) Notice of intent to use codefendant's statement. If the district attorney intends to use the statement of a codefendant to implicate the defendant in the crime charged, he or she shall inform the defendant before trial.

AB383,957 Section 957. 971.44 (title) and (1) of the statutes are created to read:

AB383,294,23 971.44 (title) Defense disclosure. (1) Time of disclosure. The defense shall make all disclosures under this section within a reasonable time before the pretrial conference or at a time set in the scheduling order.

AB383,958 Section 958. 971.44 (2) (a) of the statutes is created to read:

AB383,295,5 971.44 (2) (a) Any written or recorded statement of a person whom the defense intends to call as a trial witness that concerns the subject matter of the witness's intended testimony, that has been electronically recorded or reduced to writing and signed or otherwise approved or adopted by the witness, and that is within the possession or control of the defense.

AB383,959 Section 959. 971.44 (3) of the statutes is created to read:

AB383,295,10 971.44 (3) Character, reputation, or other acts evidence. If the defense intends to use evidence of character or reputation or evidence of other crimes or acts under s. 904.04 (2) not relating to the defendant, the defense shall notify the district attorney of that intention and of the substance of the evidence to be used.