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.
AB383,1070
6Section
1070. 973.05 (4) (c) of the statutes is amended to read:
AB383,328,97
973.05
(4) (c) Issue an order assigning lottery prizes won by a defendant whose
8name is on the list supplied to the clerk
of circuit court under s. 565.30 (5r) (a), for
9payment of the unpaid fine, surcharge, costs, or fees.
AB383,1071
10Section
1071. 973.05 (5) (a) 1. of the statutes is amended to read:
AB383,328,2311
973.05
(5) (a) 1. Upon entry of the assignment under sub. (4) (b), unless the
12court finds that income withholding is likely to cause the defendant irreparable
13harm, the court shall provide notice of the assignment by regular mail to the
14last-known address of the person from whom the defendant receives or will receive
15money. If the clerk
of circuit court does not receive the money from the person
16notified, the court shall provide notice of the assignment to any other person from
17whom the defendant receives or will receive money. Notice of an assignment under
18sub. (4) (b) shall inform the intended recipient that, if a prior assignment under sub.
19(4) (b) has been received relating to the same defendant, the recipient is required to
20notify the clerk
of circuit court that sent the subsequent notice of assignment that
21another assignment has already been received. A notice of assignment shall include
22a form permitting the recipient to designate on the form that another assignment has
23already been received.
AB383,1072
24Section
1072. 973.05 (5) (a) 2. of the statutes is amended to read:
AB383,329,9
1973.05
(5) (a) 2. If, after receiving the annual list under s. 565.30 (5r) (a), the
2clerk
of circuit court determines that a person identified in the list may be subject
3to an assignment under sub. (4) (c), the clerk shall inform the court of that
4determination. If the court issues an order under sub. (4) (c), the clerk
of circuit court 5shall send the notice of that order to the administrator of the lottery division of the
6department of revenue, including a statement of the amount owed under the
7judgment and the name and address of the person owing the judgment. The court
8shall notify the administrator of the lottery division of the department of revenue
9when the judgment that is the basis of the assignment has been paid in full.
AB383,1073
10Section
1073. 973.05 (5) (c) of the statutes is amended to read:
AB383,329,2211
973.05
(5) (c) A person who receives notice of the assignment under sub. (4) (b)
12shall withhold the amount specified in the notice from any money that person pays
13to the defendant later than one week after receipt of the notice of assignment. Within
145 days after the day on which the person pays money to the defendant, the person
15shall send the amount withheld to the clerk of
circuit
the court of the jurisdiction
16providing notice. If the person has already received a notice of an assignment under
17sub. (4) (b), the person shall retain the later assignment and withhold the amount
18specified in that assignment after the last of any prior assignments is paid in full.
19Within 10 days of receipt of the later notice, the person shall notify the clerk of
circuit
20the court that sent the notice that the person has received a prior notice of an
21assignment under sub. (4) (b). Section 241.09 does not apply to assignments under
22this section.
AB383,1074
23Section
1074. 973.05 (5) (d) of the statutes is amended to read:
AB383,330,524
973.05
(5) (d) If after receipt of notice of assignment under par. (a) 1. the person
25from whom the defendant receives money fails to withhold the money or send the
1money to the clerk
of circuit court as provided in this subsection, the person may be
2proceeded against under the principal action under ch. 785 for contempt of court or
3may be proceeded against under ch. 778 and be required to forfeit not less than $50
4nor more than an amount, if the amount exceeds $50, that is equal to 1% of the
5amount not withheld or sent.
AB383,1075
6Section
1075. 973.05 (5) (e) of the statutes is amended to read:
AB383,330,117
973.05
(5) (e) If an employer who receives notice of an assignment under sub.
8(4) (b) fails to notify the clerk
of circuit court within 10 days after an employee is
9terminated or otherwise temporarily or permanently leaves the employer's
10employment, the employer may be proceeded against under the principal action
11under ch. 785 for contempt of court.
AB383,1076
12Section
1076. 973.055 (2) (a) of the statutes is amended to read:
AB383,330,1713
973.055
(2) (a) If the surcharge is imposed by a court of record, after the court
14determines the amount due, the clerk
of the court shall collect and transmit the
15amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer
16shall then make payment to the secretary of administration as provided in s. 59.25
17(3) (f) 2.
AB383,1077
18Section
1077. 973.06 (1) (av) 2. a. and b. of the statutes are amended to read:
AB383,330,2519
973.06
(1) (av) 2. a. The defendant was charged under s. 946.41 solely because
20he or she recanted a report of abusive conduct, including interspousal battery, as
21described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 49.165 (1)
22(a), 813.12 (1) (am), or
968.075 969.27 (1) (a), harassment, as defined in s. 813.125
23(1), sexual exploitation by a therapist under s. 940.22, sexual assault under s.
24940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss.
25948.02 to 948.11.
AB383,331,8
1b. The defendant was a victim of abusive conduct, including interspousal
2battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in
3s. 49.165 (1) (a), 813.12 (1) (am), or
968.075 969.27 (1) (a), harassment, as defined in
4s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault
5under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under
6ss. 948.02 to 948.11, and he or she was charged under s. 946.41 based on information
7he or she omitted or false information he or she provided during the course of an
8investigation into the crime committed against him or her.
AB383,1078
9Section
1078. 973.06 (1) (h) of the statutes is amended to read:
AB383,331,1110
973.06
(1) (h) The cost of performance of a test under s.
968.38 968.725, if
11ordered by the court.
AB383,1079
12Section
1079. 973.076 (2) (a) of the statutes is amended to read:
AB383,331,2413
973.076
(2) (a) The district attorney of the county within which the property
14was seized or in which the defendant is convicted shall commence the forfeiture
15action within 30 days after the seizure of the property or the date of conviction,
16whichever is earlier, except that the defendant may request that the forfeiture
17proceedings be adjourned until after adjudication of any charge concerning a crime
18which was the basis for the seizure of the property. The request shall be granted.
19The forfeiture action shall be commenced by filing a summons, complaint and
20affidavit of the person who seized the property with the clerk
of circuit court,
21provided service of authenticated copies of those papers is made in accordance with
22ch. 801 within 90 days after filing upon the person from whom the property was
23seized and upon any person known to have a bona fide perfected security interest in
24the property.
AB383,1080
25Section
1080. 973.08 (5) of the statutes is amended to read:
AB383,332,2
1973.08
(5) The clerk
of court shall file or deliver a transcript under sub. (2), (3)
2or (4).
AB383,1081
3Section
1081. 973.09 (2) (a) 1. b. of the statutes is amended to read:
AB383,332,54
973.09
(2) (a) 1. b. A misdemeanor that was an act of domestic abuse, as defined
5in s.
968.075 969.27 (1) (a).
AB383,1082
6Section
1082. 973.09 (3) (b) of the statutes is amended to read:
AB383,332,217
973.09
(3) (b) The department shall notify the sentencing court, any person to
8whom unpaid restitution is owed and the district attorney of the status of the ordered
9restitution payments unpaid at least 90 days before the probation expiration date.
10If payment as ordered has not been made, the court shall hold a probation review
11hearing prior to the expiration date, unless the hearing is voluntarily waived by the
12probationer with the knowledge that waiver may result in an extension of the
13probation period or in a revocation of probation. If the court does not extend
14probation, it shall issue a judgment for the unpaid restitution and direct the clerk
15of circuit court to file and enter the judgment in the judgment and lien docket,
16without fee, unless it finds that the victim has already recovered a judgment against
17the probationer for the damages covered by the restitution order. If the court issues
18a judgment for the unpaid restitution, the court shall send to the person at his or her
19last-known address written notification that a civil judgment has been issued for the
20unpaid restitution. The judgment has the same force and effect as judgments
21entered under s. 806.10.
AB383,1083
22Section
1083. 973.09 (3) (bm) 4. of the statutes is amended to read:
AB383,333,423
973.09
(3) (bm) 4. If the court does not extend or modify the terms of probation
24under subd. 3., it shall issue a judgment for the unpaid fees and direct the clerk
of
25circuit court to file and enter the judgment in the judgment and lien docket, without
1fee. If the court issues a judgment for the unpaid fees, the court shall send to the
2department a written notification that a civil judgment has been issued for the
3unpaid fees. The judgment has the same force and effect as judgments entered under
4s. 806.10.
AB383,1084
5Section
1084. 973.09 (7m) (a) of the statutes is amended to read:
AB383,333,176
973.09
(7m) (a) Except as provided in s. 943.017 (3), the court may require as
7a condition of probation that the probationer perform community service work for a
8public agency or a nonprofit charitable organization. The number of hours of work
9required may not exceed what would be reasonable considering the seriousness of the
10offense and any
other offense which is read into the record at the time of conviction 11read-in crimes. An order may only apply if agreed to by the probationer and the
12organization or agency. The court shall ensure that the probationer is provided a
13written statement of the terms of the community service order and that the
14community service order is monitored. If the court requires the conditions provided
15in this subsection and sub. (4), the probationer reduces the period of confinement
16under sub. (4) at a rate of one day for each 3 days of work performed. A day of work
17equals 8 hours of work performed.
AB383,1085
18Section
1085. 973.10 (2m) of the statutes is amended to read: