AB383: Bill Text

AB383,283 Section 283. 940.225 (4) (intro.) of the statutes is amended to read:

AB383,100,17 940.225 (4) Consent. (intro.) "Consent", as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2) 904.045:

AB383,284 Section 284. 940.25 (1m) (a) of the statutes is amended to read:

AB383,100,23 940.25 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information a complaint based upon a violation of any combination of sub. (1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of sub. (1) (c), (cm), or (d); or any combination of sub. (1) (c), (cm), or (e) for acts arising out of the same incident or occurrence.

AB383,285 Section 285. 940.25 (1m) (b) of the statutes is amended to read:

AB383,101,8 940.25 (1m) (b) If a person is charged in an information a complaint with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require.

AB383,286 Section 286. 940.32 (2m) (d) of the statutes is amended to read:

AB383,101,11 940.32 (2m) (d) The person violates s. 968.31 968.345 (1) or 968.34 968.376 (1) in order to facilitate the violation.

AB383,287 Section 287. 940.48 (intro.) of the statutes is amended to read:

AB383,101,15 940.48 Violation of court orders. (intro.) Whoever violates an order issued under s. 940.47 or violates any condition of a bond required under s. 969.33 (4) (d) may be punished as follows:

AB383,288 Section 288. 940.49 of the statutes is repealed.

AB383,289 Section 289. 941.28 (5) of the statutes is amended to read:

AB383,101,19 941.28 (5) Any firearm seized under this section is subject to s. 968.20 (3) 175.27 (1) and is presumed to be contraband.

AB383,290 Section 290. 941.29 (3) of the statutes is amended to read:

AB383,101,22 941.29 (3) Any firearm involved in an offense under sub. (2) is subject to s. 968.20 (3) 175.27 (1).

AB383,291 Section 291. 943.245 (3m) of the statutes is amended to read:

AB383,102,3 943.245 (3m) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) 969.42 for the same act and by any amount collected in connection with the act and paid to the plaintiff under a deferred prosecution agreement under s. 971.41.

AB383,292 Section 292. 943.51 (3r) of the statutes is amended to read:

AB383,102,7 943.51 (3r) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) 969.42 for the same act.

AB383,293 Section 293. 946.42 (3) (g) of the statutes is amended to read:

AB383,102,10 946.42 (3) (g) Committed to the department of health services under ch. 971 975, 2011 stats., or ch. 975.

AB383,294 Section 294. 946.49 (1) (intro.) of the statutes is amended to read:

AB383,102,13 946.49 (1) (intro.) Whoever, having been released from custody under s. 974.09 or ch. 969, intentionally fails to comply with the terms of his or her bond is:

AB383,295 Section 295. 946.49 (2) of the statutes is amended to read:

AB383,102,17 946.49 (2) A witness for whom bail has been required conditions of release have been set under s. 969.01 (3) 969.52 is guilty of a Class I felony for failure to appear as provided.

AB383,296 Section 296 . 946.52 of the statutes, as affected by 2013 Wisconsin Act 20, section 1922, is amended to read:

AB383,102,23 946.52 Failure to submit biological specimen. Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8) 971.027 (7), 973.047, or 980.063 is guilty of a Class A misdemeanor.

AB383,297 Section 297. 946.60 (1) of the statutes is amended to read:

AB383,103,6 946.60 (1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds, or transfers possession of a document or other object, knowing that a subpoena has been issued for the document has been subpoenaed or other object by a court or, by or at the request of a district attorney or the attorney general, or by an attorney of record in a criminal case or a case under ch. 938 or 980, is guilty of a Class I felony.

AB383,298 Section 298. 946.86 (2) of the statutes is amended to read:

AB383,103,13 946.86 (2) Any criminal complaint alleging violation of s. 946.83 or 946.85 shall allege the extent of property subject to forfeiture under this section. At trial, the trier of fact shall return a special verdict determining the extent of property, if any, to be subject to forfeiture under this section. When a special verdict contains a finding of property subject to a forfeiture under this section, a judgment of criminal forfeiture shall be entered along with the judgment of conviction under s. 972.13 972.28.

AB383,299 Section 299. 946.87 (2) (am) of the statutes is amended to read:

AB383,103,22 946.87 (2) (am) Notwithstanding par. (a), property described in par. (a) is subject to forfeiture if the person who violated s. 946.83 or 946.85 has not been convicted, but he or she is a defendant in a criminal proceeding, is released, pending trial, on bail, as defined in s. 969.001 conditions under ch. 969, and fails to appear in court regarding the criminal proceeding. However, before making the final determination of any action under this section, the court must determine that the party bringing the action can prove the person committed the violation of s. 946.83 or 946.85.

AB383,300 Section 300. 948.015 (9) of the statutes is amended to read:

AB383,104,3 948.015 (9) A crime that involves an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a), if the court includes in its reasoning under s. 973.017 (10m) for its sentencing decision the aggravating factor under s. 973.017 (6m).

AB383,301 Section 301. 948.31 (5) of the statutes is amended to read:

AB383,104,6 948.31 (5) The venue of an action under this section is prescribed in s. 971.19 970.14 (8).

AB383,302 Section 302. 948.50 (4) (c) of the statutes is amended to read:

AB383,104,9 948.50 (4) (c) Is committed, transferred, or admitted under ch. 975, 2011 stats., or ch. 51, 971 or 975.

AB383,303 Section 303. 948.50 (5) of the statutes is amended to read:

AB383,104,12 948.50 (5) This section does not apply to any law enforcement officer conducting a strip search under s. 968.255 968.585.

AB383,304 Section 304. 949.165 (1) (a) of the statutes is amended to read:

AB383,104,16 949.165 (1) (a) "Serious crime" has the meaning designated in s. 969.08 (10) 969.51 (7) (b) and includes solicitation, conspiracy or attempt to commit a serious crime.

AB383,305 Section 305. 949.165 (9) of the statutes is amended to read:

AB383,104,21 949.165 (9) Interpleader. If a court determines that a person accused of a serious crime is incompetent to proceed under s. 971.14 975.34 or if the charges are dismissed without prejudice, the department shall bring an action of interpleader to determine the disposition of the escrow account.

AB383,306 Section 306. 950.04 (1v) (b) of the statutes is amended to read:

AB383,105,4 950.04 (1v) (b) To attend court proceedings in the case, subject to ss. 906.15 and 938.299 (1). The court may require the victim to exercise his or her right under this paragraph using telephone or live audiovisual means, if available, if the victim is under arrest, incarcerated, imprisoned or otherwise detained by any law enforcement agency or is admitted or committed on an inpatient basis to a treatment facility under ch. 51, 971 975, or 980, and the victim does not have a person specified in s. 950.02 (4) (a) 3. to exercise the victim's right under this paragraph.

AB383,307 Section 307. 950.04 (1v) (d) of the statutes is amended to read:

AB383,105,8 950.04 (1v) (d) To request an order for, and to be given the results of, testing to determine the presence of a communicable disease, as provided under ss. s. 938.296 or 968.38 968.725.

AB383,308 Section 308. 950.04 (1v) (dL) of the statutes is amended to read:

AB383,105,14 950.04 (1v) (dL) To not be the subject of a law enforcement officer's or district attorney's order, request, or suggestion that he or she submit to a test using a lie detector, as defined in s. 111.37 (1) (b), if he or she claims to have been the victim of a sexual assault under s. 940.22 (2), 940.225, 948.02 (1) or (2), or 948.085, except as permitted under s. 968.265 968.595.

AB383,309 Section 309. 950.04 (1v) (e) of the statutes is amended to read:

AB383,105,17 950.04 (1v) (e) To be provided a waiting area under ss. 938.2965 and 967.10 967.23.

AB383,310 Section 310. 950.04 (1v) (em) of the statutes is amended to read:

AB383,105,21 950.04 (1v) (em) To have his or her interests considered by the court in determining whether to exclude persons from a preliminary probable cause or retention hearing concerning a juvenile, as provided under s. 970.03 (4) 971.75.

AB383,311 Section 311. 950.04 (1v) (g) of the statutes is amended to read:

AB383,105,25 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3), and 972.14 973.003 (3) (b).

AB383,312 Section 312. 950.04 (1v) (L) of the statutes is amended to read:

AB383,106,5 950.04 (1v) (L) To have the district attorney or corporation counsel, whichever is applicable, make a reasonable attempt to contact the victim concerning the victim's right to make a statement, as provided under ss. 938.32 (1) (b) 2., 938.335 (3m) (b) and 972.14 973.003 (3) (b).

AB383,313 Section 313. 950.04 (1v) (m) of the statutes is amended to read:

AB383,106,9 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 973.003 (3) (a).

AB383,314 Section 314. 950.04 (1v) (p) of the statutes is amended to read:

AB383,106,13 950.04 (1v) (p) To have the person preparing a presentence investigation under s. 972.15 973.004 make a reasonable attempt to contact the victim, as provided in s. 972.15 973.004 (2m).

AB383,315 Section 315. 950.04 (1v) (qm) of the statutes is amended to read:

AB383,106,15 950.04 (1v) (qm) To recompense as provided under s. 969.13 (5) (a) 969.42.

AB383,316 Section 316. 950.04 (1v) (s) of the statutes is amended to read:

AB383,106,22 950.04 (1v) (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence, subject to s. 968.205 968.645. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205 968.645, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.

AB383,317 Section 317. 950.04 (1v) (um) of the statutes is amended to read:

AB383,107,3 950.04 (1v) (um) To have district attorneys make a reasonable attempt to notify the victim under s. 971.17 (4m) 975.62 (2) regarding conditional releases under s. 971.17 975.57 (4) or 975.59.

AB383,318 Section 318. 950.04 (1v) (x) of the statutes is amended to read:

AB383,107,8 950.04 (1v) (x) To have the department of health services make a reasonable attempt to notify the victim under s. 971.17 (6m) 975.62 (3) regarding termination or discharge under s. 971.17 975.60 or 975.61 and under s. 51.37 (10) regarding home visits under s. 51.37 (10).

AB383,319 Section 319. 950.04 (2w) (f) of the statutes is amended to read:

AB383,107,11 950.04 (2w) (f) To be provided a waiting area under ss. 938.2965 and 967.10 967.23.

AB383,320 Section 320. 950.055 (2) (b) of the statutes is amended to read:

AB383,107,17 950.055 (2) (b) Advice to the judge, when appropriate and as a friend of the court, regarding the child's ability to understand proceedings and questions. The services may include providing assistance in determinations concerning the taking of depositions by audiovisual means under s. 908.08 or 967.04 (7) and (8) 967.22 and the duty to expedite proceedings under s. ss. 938.315 (2) and 971.105.

AB383,321 Section 321. 950.08 (2g) (c) of the statutes is amended to read:

AB383,107,25 950.08 (2g) (c) The address and telephone number of the intake worker, corporation counsel, or district attorney whom the victim may contact to obtain information concerning the rights of victims and to request notice of court proceedings under ss. 938.27 (4m) and (6), 938.273 (2), 938.299 (1) (am) and 938.335 (3m) (b) or ss. 971.095 (3) and 972.14 973.003 (3) (b), whichever is applicable, and to request the opportunity to confer under ss. s. 938.245 (1m), 938.265, or 938.32 (1) (am) or s. 971.095 (2), whichever is applicable.

AB383,322 Section 322. 950.08 (2g) (e) of the statutes is amended to read:

AB383,108,5 950.08 (2g) (e) The address and telephone number of the custodial agency that the victim may contact for information concerning release under s. 938.20 or, 938.21, or 974.09 or ch. 969, whichever is appropriate, of a person arrested or taken into custody for the crime of which he or she is a victim.

AB383,323 Section 323. 950.08 (2r) (intro.) of the statutes is amended to read:

AB383,108,13 950.08 (2r) Information to be provided by a district attorney in criminal cases. (intro.) As soon as practicable, but in no event later than 10 days after the initial appearance under s. 970.01 or 24 hours before a preliminary examination under s. 970.03, whichever is earlier, subch. I of ch. 971 of a person charged with a crime in a court of criminal jurisdiction, a district attorney shall make a reasonable attempt to provide to each victim of the crime written information on all of the following:

AB383,324 Section 324. 951.01 (4) of the statutes is amended to read:

AB383,108,16 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5) 967.025 (13) but does not include a conservation warden appointed under s. 23.10.

AB383,325 Section 325. 961.48 (2m) (a) of the statutes is amended to read:

AB383,108,25 961.48 (2m) (a) Whenever a person charged with a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) unless any applicable prior convictions are alleged in the complaint, or indictment or information or in an amended complaint, or indictment or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint or indictment filed under par. (b) 2.

AB383,326 Section 326. 961.48 (2m) (b) (intro.) of the statutes is amended to read:

AB383,109,5 961.48 (2m) (b) (intro.) Notwithstanding s. 971.29 970.09 (1), at any time before entry of a guilty or no contest plea or the commencement of a trial, a district attorney may file without leave of the court an amended complaint, information or indictment that does any of the following:

AB383,327 Section 327. 961.56 (1) of the statutes is amended to read:

AB383,109,10 961.56 (1) It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment   , or other pleading or in any trial, hearing or other proceeding under this chapter. The burden of proof of any exemption or exception is upon the person claiming it.