AB383,1031
19Section
1031. 972.12 of the statutes is renumbered 972.05 and amended to
20read:
AB383,320,2
21972.05 Sequestration of jurors. The At any stage of the proceedings, the 22court may direct that
the jurors
who have been sworn be kept together or be
23permitted to separate. The court may appoint an officer of the court to keep the jurors
24together and to prevent communication between the jurors and others.
After the case
1has been submitted to the jurors, the court may permit them to separate, but shall
2instruct the jurors to suspend deliberations while separated.
AB383,1032
3Section
1032. 972.13 (title) of the statutes is repealed.
AB383,1033
4Section
1033. 972.13 (1) of the statutes is renumbered 972.28 (1) and amended
5to read:
AB383,320,96
972.28
(1) A The court shall grant a judgment of conviction
shall be entered 7upon
accepting a
jury verdict of guilty
by the jury, a, upon finding
of the defendant 8guilty
by the court in cases in a case where a jury is waived, or
upon finding the
9defendant guilty after accepting a plea of guilty or no contest.
AB383,1034
10Section
1034. 972.13 (2) of the statutes is renumbered 972.28 (2) and amended
11to read:
AB383,320,1512
972.28
(2) Except in cases where ch. 975 is applicable Unless entry of judgment
13is deferred, upon
granting a judgment of conviction
, the court shall proceed under ch.
14973. The court may adjourn the case
from time to time for the purpose of before 15pronouncing sentence.
AB383,1035
16Section
1035. 972.13 (3) of the statutes is renumbered 972.28 (3) and amended
17to read:
AB383,320,2018
972.28
(3) A When a judgment of conviction
is entered, it shall set forth the
19plea, the verdict or finding, the adjudication and sentence, and a finding as to the
20specific number of days for which sentence credit is to be granted under s. 973.155.
AB383,320,22
21(5) If the defendant is acquitted,
the court shall grant a judgment
shall be
22entered accordingly of acquittal.
AB383,1036
23Section
1036. 972.13 (4) of the statutes is renumbered 972.28 (6).
AB383,1037
24Section
1037. 972.13 (5) of the statutes is renumbered 972.28 (4) and amended
25to read:
AB383,321,2
1972.28
(4) A copy of the judgment
of conviction shall constitute authority for
2the sheriff to execute the sentence.
AB383,1038
3Section
1038. 972.13 (6) of the statutes is repealed.
AB383,1039
4Section
1039. 972.13 (7) of the statutes is repealed.
AB383,1040
5Section
1040. 972.14 (title), (2), (2m) and (3) of the statutes are renumbered
6973.003 (title), (2), (2m) and (3), and 973.003 (2), as renumbered, is amended to read:
AB383,321,157
973.003
(2) Before pronouncing sentence, the court shall ask the defendant
8why sentence should not be pronounced upon him or her and allow the district
9attorney, defense counsel
, and defendant an opportunity to make a statement with
10respect to any matter relevant to the sentence. In addition, if the defendant is under
1121 years of age and if the court has not ordered a presentence investigation under
12s.
972.15 973.004, the court shall ask the defendant if he or she has been adjudged
13delinquent under ch. 48, 1993 stats., or ch. 938
, or has had a similar adjudication in
14any other state in the 4 years immediately preceding the date the criminal complaint
15relating to the present offense was issued.
AB383,1041
16Section
1041. 972.14 (1) (intro.) and (b) of the statutes are consolidated,
17renumbered 973.003 (1) and amended to read:
AB383,321,1918
973.003
(1) (intro.) In this section
: (b) "Victim", "victim" has the meaning
19specified in s. 950.02 (4).
AB383,1042
20Section
1042. 972.14 (1) (ag) of the statutes is repealed.
AB383,1043
21Section
1043. 972.15 of the statutes is renumbered 973.004, and 973.004 (5)
22(intro.), as renumbered, is amended to read:
AB383,322,623
973.004
(5) (intro.) The department may use the presentence investigation
24report for correctional programming, parole consideration or care and treatment of
25any person sentenced to imprisonment or the intensive sanctions program, placed
1on probation, released on parole or extended supervision or committed to the
2department under ch. 51 or
971 975 or any other person in the custody of the
3department or for research purposes. The department may make the report
4available to other agencies or persons to use for purposes related to correctional
5programming, parole consideration, care and treatment, or research. Any use of the
6report under this subsection is subject to the following conditions:
AB383,1044
7Section
1044. 972.16 (1) and (2) of the statutes are created to read:
AB383,322,98
972.16
(1) Unless the court for cause otherwise permits, the parties shall
9proceed with statements and presentation of evidence in the following order:
AB383,322,1010
(a) The state may make an opening statement.
AB383,322,1211
(b) The defense may make an opening statement or reserve the right to make
12an opening statement until after the state rests its case in chief.
AB383,322,1313
(c) The state shall present its case in chief.
AB383,322,1814
(d) At the close of the state's case in chief, the defense may move to dismiss.
15The court shall grant the motion to dismiss if it appears that, viewing the evidence
16in the light most favorable to the state and drawing all reasonable inferences
17therefrom, a reasonable jury could not find the defendant guilty beyond a reasonable
18doubt. The court shall decide the motion before the defense presents its case in chief.
AB383,322,2119
(e) The defense may present a case in chief. If a defendant presents evidence,
20the defendant waives the right to appeal the denial of a motion for dismissal made
21under par. (d).
AB383,322,2222
(f) The state and the defense may present rebuttal evidence.
AB383,322,2523
(g) The court for cause may permit a party to present further evidence in chief.
24If the court permits the state to present further evidence in chief, the defense may
25also present further evidence in chief.
AB383,323,8
1(h) After the state and the defense have rested, the defense may move to
2dismiss. The court shall grant the motion to dismiss if it appears that, viewing all
3of the evidence, including evidence presented by the defense, in the light most
4favorable to the state and drawing all reasonable inferences therefrom, a reasonable
5jury could not find the defendant guilty beyond a reasonable doubt of the charged
6crime or an included crime under s. 939.66. If the jury could find the defendant guilty
7beyond a reasonable doubt of an included crime but not the charged crime, the court
8shall order the complaint amended accordingly.
AB383,323,99
(i) The state may make a closing argument.
AB383,323,1010
(j) The defense may make a closing argument.
AB383,323,1111
(k) The state may make a rebuttal argument.
AB383,323,14
12(2) If there are 2 or more defendants and they do not agree on the order in which
13the defendants will proceed under sub. (1), the court shall determine the order in
14which the defendants will proceed.
AB383,1045
15Section
1045. 972.18 (title) of the statutes is created to read:
AB383,323,16
16972.18 (title)
Admissibility of a defendant's statement.
AB383,1046
17Section
1046. 972.19 of the statutes is created to read:
AB383,323,20
18972.19 Stipulations. (1) In this section, "stipulation" means an agreement
19between the parties that a specified fact is or shall be taken as established without
20need for proof.
AB383,323,22
21(2) A stipulation shall be set forth on the record at the time the court accepts
22it.
AB383,323,24
23(3) In a trial before a jury, the court shall instruct the jury that it is to take
24stipulated facts as conclusively proved.
AB383,324,2
1(4) If stipulated facts establish an element of the crime, the court shall proceed
2as provided in s. 972.005 (2).
AB383,1047
3Section
1047. 972.20 (title) of the statutes is created to read:
AB383,324,4
4972.20 (title)
Child testimony by closed-circuit audiovisual means.
AB383,1048
5Section
1048. 972.22 (title) of the statutes is created to read:
AB383,324,6
6972.22 (title)
Final jury instructions.
AB383,1049
7Section
1049. 972.23 (title) of the statutes is created to read:
AB383,324,8
8972.23 (title)
Dismissal of alternate jurors.
AB383,1050
9Section
1050. 972.23 (2) of the statutes is created to read:
AB383,324,1410
972.23
(2) The court may retain alternate jurors after the jury retires to
11deliberate. The court shall ensure that a retained alternate does not discuss the case
12with anyone until that alternate replaces a juror or is discharged. If an alternate
13replaces a juror after deliberations have begun, the court shall instruct the jury to
14begin its deliberations anew.
AB383,1051
15Section
1051. 972.24 of the statutes is created to read:
AB383,324,17
16972.24 Return of verdict. A verdict must be unanimous and returned in open
17court.
AB383,1052
18Section
1052. 972.25 of the statutes is created to read:
AB383,324,21
19972.25 Polling the jury. The court shall poll the jury when a verdict proper
20in form is returned. The court or the clerk shall conduct the poll by asking each juror
21individually whether the verdict as returned was and is in the juror's verdict.
AB383,1053
22Section
1053. 972.26 of the statutes is created to read:
AB383,324,25
23972.26 Accepting the verdict. (1) The court shall accept the verdict if it is
24proper in form and confirmed by the jury poll. When the verdict is accepted, the jury
25shall be discharged.
AB383,325,3
1(2) After the verdict is accepted, the complaint shall be deemed amended as to
2technical variances to conform to the proof if no objection to the relevance of the
3evidence was timely raised.
AB383,1054
4Section
1054. 972.28 (title) of the statutes is created to read:
AB383,325,5
5972.28 (title)
Granting judgment.
AB383,1055
6Section
1055. 973.013 (4) of the statutes is amended to read:
AB383,325,97
973.013
(4) If information under s.
972.15 973.004 (2m) has been provided in
8a presentence investigation report, the court shall consider that information when
9sentencing the defendant.
AB383,1056
10Section
1056. 973.017 (6m) (a) 2. of the statutes is amended to read:
AB383,325,1211
973.017
(6m) (a) 2. "Domestic abuse" has the meaning given in s.
968.075 12969.27 (1) (a).
AB383,1057
13Section
1057. 973.03 (3) (b) of the statutes is amended to read:
AB383,325,2114
973.03
(3) (b) The court may require that the defendant perform community
15service work for a public agency or a nonprofit charitable organization. The number
16of hours of work required may not exceed what would be reasonable considering the
17seriousness of the offense and any
other offense which is read into the record at the
18time of conviction read-in crimes. An order may only apply if agreed to by the
19defendant and the organization or agency. The court shall ensure that the defendant
20is provided a written statement of the terms of the community service order and that
21the community service order is monitored.
AB383,1058
22Section
1058. 973.03 (3) (e) 2. of the statutes is amended to read:
AB383,325,2423
973.03
(3) (e) 2. A crime which is a Class D, E, F, or G felony listed in s.
969.08
24(10) 969.51 (7) (b), but not including any crime specified in s. 943.10.
AB383,1059
25Section
1059. 973.03 (4) (d) of the statutes is amended to read:
AB383,326,2
1973.03
(4) (d) A sentence under this subsection is not a sentence of
2imprisonment, except for purposes of ss. 973.04, 973.15 (8) (a) and
973.19 974.03.
AB383,1060
3Section
1060. 973.03 (5) (a) 1. of the statutes is amended to read:
AB383,326,54
973.03
(5) (a) 1. "Commission of a serious crime" has the meaning given under
5s.
969.08 (10) 969.51 (7) (a).
AB383,1061
6Section
1061. 973.03 (5) (a) 2. of the statutes is amended to read:
AB383,326,87
973.03
(5) (a) 2. "Serious crime" has the meaning given under s.
969.08 (10) 8969.51 (7) (b).
AB383,1062
9Section
1062. 973.042 (4) of the statutes is amended to read:
AB383,326,1310
973.042
(4) After determining the amount due, the clerk
of court shall collect
11and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
12treasurer shall then make payment to the secretary of administration under s. 59.25
13(3) (f) 2.
AB383,1063
14Section
1063. 973.043 (2) of the statutes is amended to read:
AB383,326,1815
973.043
(2) After determining the amount due, the clerk
of court shall collect
16and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
17treasurer shall then make payment to the secretary of administration under s. 59.25
18(3) (f) 2.
AB383,327,221
973.045
(2) After the clerk determines the amount due, the clerk
of court shall
22collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The
23county treasurer shall then make payment to the secretary of administration under
24s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation
1account under s. 20.455 (5) (g) the amount paid to the secretary by the county
2treasurer under this subsection and any amount collected under sub. (4).
AB383,1065
3Section
1065. 973.046 (2) of the statutes is amended to read:
AB383,327,74
973.046
(2) After the clerk
of court determines the amount due, the clerk shall
5collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The
6county treasurer shall then make payment to the secretary of administration under
7s. 59.25 (3) (f) 2.
AB383,1066
8Section
1066. 973.048 (5) of the statutes is amended to read:
AB383,327,149
973.048
(5) If the court orders a person to comply with the reporting
10requirements under s. 301.45, the clerk
of the court in which the order is entered 11shall promptly forward a copy of the order to the department of corrections. If the
12conviction on which the order is based is reversed, set aside or vacated, the clerk
of
13the court shall promptly forward to the department of corrections a certificate stating
14that the conviction has been reversed, set aside or vacated.
AB383,1067
15Section
1067. 973.049 (1) (b) of the statutes is repealed.
AB383,1068
16Section
1068. 973.05 (3) (b) of the statutes is amended to read:
AB383,327,2417
973.05
(3) (b) The court may require that the defendant perform community
18service work for a public agency or a nonprofit charitable organization. The number
19of hours of work required may not exceed what would be reasonable considering the
20seriousness of the offense and any
other offense which is read into the record at the
21time of conviction read-in crimes. An order may only apply if agreed to by the
22defendant and the organization or agency. The court shall ensure that the defendant
23is provided a written statement of the terms of the community service order and that
24the community service order is monitored.
AB383,1069
25Section
1069. 973.05 (4) (b) of the statutes is amended to read:
AB383,328,5
1973.05
(4) (b) Issue an order assigning not more than 25% of the defendant's
2commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102, and
3other money due or to be due in the future to the clerk
of circuit court for payment
4of the unpaid fine, surcharge, costs, or fees. In this paragraph, "employer" includes
5the state and its political subdivisions.