AB383: Bill Text

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.

AB383,328 Section 328. 967.01 of the statutes is amended to read:

AB383,109,16 967.01 Title and effective date. Chapters 967 to 979 may be referred to as the criminal procedure code and shall be interpreted as a unit. Chapters 967 to 979 shall govern all criminal proceedings and is effective on July 1, 1970. Chapters 967 to 979 apply in all prosecutions commenced on or after that date. Prosecutions commenced prior to July 1, 1970, shall be governed by the law existing prior thereto.

AB383,329 Section 329. 967.02 (title) of the statutes is repealed.

AB383,330 Section 330. 967.02 (intro.) of the statutes is renumbered 967.025 (intro.).

AB383,331 Section 331. 967.02 (1) of the statutes is renumbered 967.025 (4) and amended to read:

AB383,109,22 967.025 (4) "Clerk" means the clerk of circuit court of the county including and includes the clerk's deputies.

AB383,332 Section 332. 967.02 (2) of the statutes is renumbered 967.025 (9) and amended to read:

AB383,110,2 967.025 (9) "Department" means the department of corrections, except as provided in ss. 971.14 and 975.001 s. 975.20 (1) for purposes of ch. 975.

AB383,333 Section 333. 967.02 (3) and (4) of the statutes are repealed.

AB383,334 Section 334. 967.02 (5) of the statutes is renumbered 967.025 (13).

AB383,335 Section 335. 967.02 (6) of the statutes is renumbered 967.025 (12) and amended to read:

AB383,110,8 967.025 (12) "Judge" means judge of a the circuit court of record and includes a court commissioner acting within the scope of authority conferred under s. 757.69.

AB383,336 Section 336. 967.02 (7) of the statutes is renumbered 967.025 (6) and amended to read:

AB383,110,13 967.025 (6) "Court" means the circuit court unless otherwise indicated and includes a court commissioner acting within the scope of authority conferred under s. 757.69.

AB383,337 Section 337. 967.02 (8) of the statutes is repealed.

AB383,338 Section 338. 967.025 (title) of the statutes is created to read:

AB383,110,16 967.025 (title) Definitions.

AB383,339 Section 339. 967.025 (2) of the statutes is created to read:

AB383,110,19 967.025 (2) "Bond" means a promise by a person in custody to appear in court as required and to comply with other conditions.

AB383,340 Section 340. 967.025 (3) of the statutes is created to read:

AB383,110,22 967.025 (3) "Citation" means a directive, issued by a law enforcement officer, that a person appear in court or the district attorney's office.

AB383,341 Section 341. 967.025 (5) of the statutes is created to read:

AB383,111,2 967.025 (5) "Complaint" or "criminal complaint" means the written statement of the essential facts constituting the crime charged that is issued by a district attorney. "Complaint" or "criminal complaint" includes a citation endorsed by a district attorney under s. 969.24 (5).

AB383,342 Section 342. 967.025 (7) of the statutes is created to read:

AB383,111,6 967.025 (7) "Crime" means conduct that is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture is not a crime.

AB383,343 Section 343. 967.025 (8) of the statutes is created to read:

AB383,111,9 967.025 (8) "Crime considered at sentencing" means any crime for which the defendant was convicted and any read-in crime.

AB383,344 Section 344. 967.025 (10) of the statutes is created to read:

AB383,111,14 967.025 (10) "District attorney" includes any duly qualified deputies and assistants and includes a special prosecutor under s. 978.045, a person assisting under s. 978.05 (8) (b), and the attorney general in cases in which he or she is authorized to investigate or prosecute.

AB383,345 Section 345. 967.025 (11) of the statutes is created to read:

AB383,111,20 967.025 (11) "Felony" means a crime punishable by imprisonment in the Wisconsin state prisons, but does not include a crime that is punishable by imprisonment in prison only as a result of the application of a penalty increase provision that does not specifically provide that application of the penalty increase makes the crime a felony.

AB383,346 Section 346. 967.025 (14) of the statutes is created to read:

AB383,111,22 967.025 (14) "Misdemeanor" means a crime other than a felony.

AB383,347 Section 347. 967.025 (15) of the statutes is created to read:

AB383,111,24 967.025 (15) "Motion" means an application for an order.

AB383,348 Section 348. 967.025 (16) of the statutes is created to read:

AB383,112,4 967.025 (16) "Read-in crime" means any crime that is uncharged or that is dismissed as part of a plea agreement, that the defendant agrees to have considered by the court at the time of sentencing, and that the court considers at the time of sentencing the defendant for the crime for which the defendant was convicted.

AB383,349 Section 349. 967.025 (17) of the statutes is created to read:

AB383,112,7 967.025 (17) "Sentencing" means the imposition of a sentence, fine, or probation.

AB383,350 Section 350. 967.03 of the statutes is repealed.

AB383,351 Section 351. 967.04 (title), (1), (2), (3), (4), (5) and (6) of the statutes are renumbered 967.21 (title), (1), (2), (3), (4), (5) and (6), and 967.21 (title), (1) and (4) (a), as renumbered, are amended to read:

AB383,112,23 967.21 (title) Depositions in criminal proceedings generally. (1) Circumstance under which permitted. If it appears that a prospective witness may be unable to attend or prevented from attending a criminal trial or hearing, that the prospective witness's testimony is material and that it is necessary to take the prospective witness's deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment or information complaint may upon motion and notice to the parties order that the prospective witness's testimony be taken by deposition and that any designated books, papers, documents, or tangible objects, not privileged, be produced at the same time and place. If a witness is committed pursuant to s. 969.01 (3) 969.52, the court shall direct that the witness's deposition be taken upon notice to the parties. After the deposition has been subscribed, the court shall discharge the witness.

AB383,113,4 (4) (a) If the state or a witness procures such an order under sub. (1), the notice shall inform the defendant that the defendant is required to personally attend at the taking of the deposition and that the defendant's failure so to do is a waiver of the defendant's right to face the witness whose deposition is to be taken. Failure to attend shall constitute a waiver unless the defendant was physically unable to attend.

AB383,352 Section 352. 967.04 (7) (a) of the statutes is renumbered 967.22 (1) and amended to read: