AB383,361,9
1979.025
(1) Inmate confined to an institution in this state. If an individual
2dies while he or she is in the legal custody of the department and confined to a
3correctional facility located in this state, the coroner or medical examiner of the
4county where the death occurred shall perform an autopsy on the deceased
5individual. If the coroner or medical examiner who performs the autopsy determines
6that the individual's death may have been the result of any of the situations that
7would permit the district attorney to order an inquest under s.
979.04 968.015 (1),
8the coroner or medical examiner shall follow the procedures under s.
979.04 968.015 9(2).
AB383,1184
10Section
1184. 979.025 (2) of the statutes is amended to read:
AB383,361,2111
979.025
(2) Inmate confined in an institution in another state. If an
12individual dies while he or she is in the legal custody of the department and confined
13to a correctional facility in another state under a contract under s. 301.07, 301.21,
14or 302.25, the department shall have an autopsy performed by an appropriate
15authority in the other state or by the coroner or medical examiner of the county in
16which the
circuit court is located that sentenced the individual to the custody of the
17department. If the coroner or medical examiner who performs the autopsy in this
18state determines that the individual's death may have been the result of any of the
19situations that would permit the district attorney to order an inquest under s.
979.04 20968.015 (1), the coroner or medical examiner shall forward the results of the autopsy
21to the appropriate authority in the other state.
AB383,1185
22Section
1185. 979.04 of the statutes is renumbered 968.015 and amended to
23read:
AB383,362,12
24968.015 Inquests: when When inquests may be called. (1) If the district
25attorney has notice of the death of any person and there is reason to believe from the
1circumstances surrounding the death that
the person was a victim of felony murder,
2first-degree or 2nd-degree intentional homicide, first-degree or 2nd-degree
3reckless homicide, homicide by negligent handling of dangerous weapon, explosives
, 4or fire, homicide by negligent operation of vehicle, homicide resulting from negligent
5control of a vicious animal
or, homicide by intoxicated user of a vehicle or firearm
may
6have been committed, or
that death may have been due to suicide or
the person died
7under unexplained or suspicious circumstances, the district attorney may order that
8an inquest be conducted for the purpose of inquiring how the person died.
The
9district attorney shall appear in any such inquest representing the state in
10presenting all evidence which may be relevant or material to the inquiry of the
11inquest. The inquest may be held in any county in this state in which venue would
12lie for the trial of any offense charged as the result of or involving the death.
AB383,362,14
13(4) An inquest may
only be ordered
only by the district attorney
acting under
14this subsection sub. (1) or by the
circuit judge under sub. (2).
AB383,362,23
15(2) If the coroner or medical examiner
has knowledge of the death of any knows
16that a person
has died in the manner
or under the circumstances described
under in
17sub. (1), he or she
shall immediately notify the district attorney. The notification
18shall include information concerning the circumstances surrounding the death. The
19coroner or medical examiner may request the district attorney to order an inquest
20under sub. (1). If the district attorney refuses to order the inquest,
a the coroner
21or medical examiner may petition the
circuit court to order an inquest. The court
22may issue the order if it finds that the district attorney has abused his or her
23discretion in not ordering an inquest.
AB383,363,4
24(3) Subsequent to receipt of After receiving notice of the death, the district
25attorney may request the coroner or medical examiner to conduct a preliminary
1investigation and report back to the district attorney. The district attorney may
2determine the scope of the preliminary investigation. This subsection does not limit
3or prevent any other investigation into the death by any law enforcement agency
4with jurisdiction over the investigation.
AB383,1186
5Section
1186. 979.05 (title) of the statutes is repealed.
AB383,1187
6Section
1187. 979.05 (1) of the statutes is renumbered 968.025 (1) and
7amended to read:
AB383,363,98
968.025
(1) By whom conducted.
An inquest shall be conducted by a circuit A 9judge
or a circuit court commissioner shall conduct each inquest.
AB383,1188
10Section
1188. 979.05 (2) of the statutes is renumbered 968.025 (2) and
11amended to read:
AB383,363,1412
968.025
(2) Before whom conducted. The inquest shall be conducted before
13a jury unless the district attorney, coroner, or medical examiner requests that the
14inquest be conducted before the judge
or circuit court commissioner only.
AB383,363,25
15(4) (a) If the inquest is to be conducted before a jury,
the clerk shall select, in
16the manner provided in s. 756.06 (1), a sufficient number of names of prospective
17jurors
shall be selected from the prospective juror list for the county in which the
18inquest is to be held
by the clerk of circuit court in the manner provided in s. 756.06.
19The judge or circuit court commissioner conducting the inquest shall summon the
20prospective jurors to appear before the judge or circuit court commissioner at the
21time fixed in the summons. The summons may be served by mail, or by personal
22service if the judge, circuit court commissioner, or district attorney determines
23personal service to be appropriate. The summons shall be in the form used to
24summon petit jurors in the circuit courts of the county to ensure that the jury consists
25of 6 members.
AB383,364,3
1(b) Any person who fails to appear when summoned as an inquest juror
is
2subject to a forfeiture of shall forfeit not more than $40.
The inquest jury shall consist
3of 6 jurors. If 6 jurors do not remain
AB383,364,9
4(d) If, after all prospective jurors have been examined, fewer than 12 remain 5from the number originally summoned
after establishment of qualifications, the
6judge
or circuit court commissioner conducting the inquest
may require shall direct 7the clerk
of the circuit court to select to draw sufficient additional jurors' names.
8Those persons shall be summoned forthwith by the
The sheriff of the county
shall
9summon those persons immediately.
AB383,1189
10Section
1189. 979.05 (3) of the statutes is renumbered 968.025 (4) (c) and
11amended to read:
AB383,364,2512
968.025 (4) (c) The judge
or circuit court commissioner shall examine on oath
13or affirmation each person who is called as a juror to discover whether the juror is
14related by blood
, or marriage
or adoption to the decedent, any member of the
15decedent's family, the district attorney, any other attorney appearing in the case
, or
16any members of the office of the district attorney or of the office of any other attorney
17appearing in the case, has expressed or formed any opinion regarding the matters
18being inquired into in the inquest
, or is aware of or has any bias or prejudice
19concerning the matters being inquired into in the inquest.
If any prospective juror
20is found The court shall excuse any prospective juror whom it finds to be not
21indifferent or
is found to have formed an opinion
which that cannot be laid aside
, that
22juror shall be excused. The judge or circuit commissioner may select one or more
23alternate jurors if the inquest is likely to be protracted. This
subsection paragraph 24does not limit the right of the district attorney to supplement the judge's
or circuit
25commissioner's examination of any prospective jurors as to qualifications.
AB383,1190
1Section
1190. 979.05 (4) of the statutes is renumbered 968.025 (5) and
2amended to read:
AB383,365,53
968.025
(5) Oath. When 6 After the jurors have been selected, the judge
or
4circuit court commissioner shall administer to them an oath or affirmation which
5shall be substantially in the following form:
AB383,365,116
You do solemnly swear (affirm) that you will diligently inquire and determine
7on behalf of this state when, and in what manner and by what means, the person
8known as .... ....
who is now dead came to his or her death and that you will return
9a true verdict thereon according to your knowledge, according to the evidence
10presented
, and according to the instructions given to you by the .... (judge) (circuit
11court commissioner).
AB383,1191
12Section
1191. 979.05 (5), (6) and (7) of the statutes are renumbered 968.025
13(6), (7) and (8) and amended to read:
AB383,365,2214
968.025
(6) Role of district attorney. Prior to the submission of evidence to
15the jury, the judge or circuit court commissioner may instruct the jury on its duties
16and on the substantive law regarding the issues which may be inquired into before
17the jury The district attorney shall appear in each inquest, represent the state, and
18present all evidence that may be relevant or material to the inquiry of the inquest.
19The district attorney may, at any time during the course of the inquest, make
20statements to the jury relating to procedural or evidentiary matters he or she and
21the judge
or circuit court commissioner deem appropriate.
Section 972.12 applies to
22the conduct of the inquest jury.
AB383,365,25
23(7) Secrecy and sequestration. The judge
or circuit court commissioner 24conducting the inquest may order that proceedings be secret if the district attorney
25so requests or concurs
and may sequester the inquest jury under s. 972.05.
AB383,366,2
1(8) Juror compensation. Inquest jurors shall receive the same compensation
2as jurors under s. 756.25.
AB383,1192
3Section
1192. 979.06 (title), (1), (2) and (5) of the statutes are repealed.
AB383,1193
4Section
1193. 979.06 (3), (4) and (6) of the statutes are renumbered 968.035
5(1), (2) and (3), and 968.035 (1) and (2), as renumbered, are amended to read:
AB383,366,106
968.035
(1) Any witness examined at an inquest may have counsel present
7during the examination of that witness.
The counsel may consult with a client during
8the examination of that client. The counsel may not examine or cross-examine his
9or her client, cross-examine or call other witnesses
, or argue before the judge
or
10circuit court commissioner holding the inquest.
AB383,366,12
11(2) The judge
or circuit court commissioner shall administer an oath or
12affirmation to each witness
which shall be substantially in the following form:
AB383,366,16
13You do solemnly swear (affirm) that the evidence and testimony you give to this
14inquest concerning the death of the person known as .... .... shall be the truth, the
15whole truth and nothing but the truth and shall cause the testimony given by all
16witnesses to be reduced to writing or recorded.
AB383,1194
17Section
1194. 979.07 of the statutes is repealed.
AB383,1195
18Section
1195. 979.08 (title) of the statutes is renumbered 968.055 (title).
AB383,1196
19Section
1196. 979.08 (1) of the statutes is renumbered 968.055 (1) and
20amended to read:
AB383,366,2421
968.055
(1) When the Before submitting evidence
is concluded and the
22testimony closed to the jury in an inquest, the judge
or circuit court commissioner 23shall may instruct the jury on its duties and on the substantive law regarding the
24issues
that may be inquired into before the jury.
The
AB383,367,10
1(2) After all of the evidence is presented, the district attorney
shall prepare a
2written set of appropriate requested instructions and shall submit
them to the judge
3or circuit court commissioner who, together with the district attorney, a written set
4of proposed instructions on the jury's duties and on the substantive law regarding
5the issues inquired into before the jury. The judge shall compile the final set of
6instructions which shall
be given. The instructions shall include
those instructions
7for criminal offenses for which the judge or
circuit court commissioner believes a
8reasonable jury might return a verdict based upon a finding of probable cause.
The
9judge shall use the final instructions to instruct the jury and shall provide the jury
10with one complete set of them.
AB383,1197
11Section
1197. 979.08 (2) of the statutes is repealed.
AB383,1198
12Section
1198. 979.08 (3) (intro.) and (4) of the statutes are consolidated,
13renumbered 968.055 (3) (intro.) and amended to read:
AB383,367,2314
968.055
(3) (intro.) The jury shall retire to consider its verdict after hearing all
15of the testimony and evidence, making all necessary inquiries
, and having been
16instructed in the law.
The judge or circuit court commissioner shall provide the jury
17with one complete set of written instructions providing the substantive law to be
18applied to the issues to be decided. The verdict shall be in a form which permits the
19following findings: (4) The
jury shall render its verdict
shall be based upon a finding
20of probable cause, be unanimous, and be rendered in writing, signed by all
of its 21members
of the jury. The verdict shall set forth
its the jury's findings from the
22evidence produced according to the instructions.
The verdict shall be in a form that
23permits the following findings:
AB383,1199
24Section
1199. 979.08 (3) (a) of the statutes is renumbered 968.055 (3) (b) and
25amended to read:
AB383,368,3
1968.055
(3) (b) Whether the deceased
came to his or her death by criminal
2means died as a result of a crime and, if so, the specific crimes committed and the
3name of the person or persons, if known,
having who committed the crimes.
AB383,1200
4Section
1200. 979.08 (3) (b) of the statutes is renumbered 968.055 (3) (a) and
5amended to read:
AB383,368,76
968.055
(3) (a) Whether the deceased came to his or her death by natural
7causes, accident, suicide
, or an act privileged by law.
AB383,1201
8Section
1201. 979.08 (5) of the statutes is renumbered 968.055 (4) and
9amended to read:
AB383,368,1210
968.055
(4) The
inquest jury's verdict
delivered by the inquest jury is advisory
11and does not preclude or require the issuance of any criminal charges by the district
12attorney.
AB383,1202
13Section
1202. 979.08 (6) of the statutes is renumbered 968.055 (5) and
14amended to read:
AB383,368,2015
968.055
(5) Any verdict
so rendered
under sub. (4), after being validated and
16signed by the judge
or circuit court commissioner, together with the record of the
17inquest, shall be delivered to the district attorney for consideration. After
18considering the verdict and record, the district attorney may deliver the entire
19inquest record or any part
thereof of the record to the coroner or medical examiner
20for safekeeping.
AB383,1203
21Section
1203. 979.08 (7) of the statutes is renumbered 968.055 (6) and
22amended to read:
AB383,368,2523
968.055
(6) The Except as provided in s. 971.43, the record of a secret inquest
24proceeding
shall is not
be open for inspection unless so ordered by the judge
or circuit
25court commissioner conducting the inquest
upon petition by the district attorney.
AB383,1204
1Section
1204. 979.09 of the statutes is amended to read:
AB383,369,10
2979.09 Burial of body. If any judge
or circuit court commissioner conducts
3an inquest as to the death of a stranger or of a person whose identity is unknown or
4whose body is unclaimed or if the district attorney determines that no inquest into
5the death of such a person is necessary and the
circuit judge has not ordered an
6inquest under s.
979.04 968.015 (2), the coroner or medical examiner shall cause the
7body to be decently buried or cremated and shall certify to all the charges incurred
8in taking any inquest by him or her and to the expenses of burial or cremation of the
9dead body. The charges and expenses shall be audited by the county board of the
10proper county and paid out of the county treasury.
AB383,1205
11Section
1205. 979.10 (2) of the statutes is amended to read:
AB383,369,2112
979.10
(2) If a corpse is to be cremated, the coroner or medical examiner shall
13make a careful personal inquiry into the cause and manner of death, and conduct an
14autopsy or order the conducting of an autopsy, if in his or her or the district attorney's
15opinion it is necessary to determine the cause and manner of death. If the coroner
16or medical examiner determines that no further examination or judicial inquiry is
17necessary he or she shall certify that fact. Upon written request by the district
18attorney the coroner or medical examiner shall obtain the concurrence of the district
19attorney before issuing the certification. If the coroner or medical examiner
20determines that further examination or judicial inquiry is necessary, he or she shall
21notify the district attorney under s.
979.04 968.015 (2).
AB383,1206
22Section
1206. 979.11 of the statutes is amended to read:
AB383,370,6
23979.11 Compensation of officers. The sole compensation of the coroner and
24deputy coroners for attendance at an inquest and for any preliminary investigation
25under
this chapter ch. 968 at the direction of the district attorney shall be a
1reasonable sum set by the county board for each day actually and necessarily
2required for the purpose, and a sum set by the county board for each mile actually
3and necessarily traveled in performing the duty. Any coroner or deputy coroner may
4be paid an annual salary and allowance for traveling expenses to be established by
5the county board under s. 59.22 which shall be in lieu of all fees, per diem
, and
6compensation for services rendered.
AB383,1207
7Section
1207. 979.22 of the statutes is amended to read:
AB383,370,12
8979.22 Autopsies and toxicological services by medical examiners. A
9medical examiner may perform autopsies and toxicological services not required
10under this chapter
or under subch. I of ch. 968 and may charge a fee established by
11the county board for such autopsies and services. The fee may not exceed an amount
12reasonably related to the actual and necessary cost of providing the service.
AB383,1208
13Section
1208. 980.015 (2) (c) of the statutes is amended to read:
AB383,370,1814
980.015
(2) (c) The anticipated release of a person on conditional release under
15s.
971.17 975.57 (4) or 975.59, the anticipated termination of a commitment order
16under
971.17 s. 975.60, or the anticipated discharge of a person from a commitment
17order under s.
971.17 975.61, if the person has been found not guilty of a sexually
18violent offense by reason of mental disease or defect.
AB383,1209
19Section
1209. 980.015 (2) (d) of the statutes is amended to read:
AB383,370,2120
980.015
(2) (d) The anticipated release on parole or discharge of a person
21committed under ch. 975
, 2011 stats., for a sexually violent offense.
AB383,1210
22Section
1210. 980.031 (4) of the statutes is amended to read:
AB383,371,623
980.031
(4) If a party retains or the court appoints a licensed physician,
24licensed psychologist, or other mental health professional to conduct an examination
25under this chapter of the person's mental condition, the examiner shall have
1reasonable access to the person for the purpose of the examination, as well as to the
2person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient
3health care records as provided under s. 146.82 (2) (cm), past and present juvenile
4records, as provided under ss. 48.396 (6), 48.78 (2) (e), 938.396 (10), and 938.78 (2)
5(e), and the person's past and present correctional records, including presentence
6investigation reports under s.
972.15 973.004 (6).
AB383,1211
7Section
1211. 980.036 (2) (c) of the statutes is amended to read:
AB383,371,108
980.036
(2) (c) Evidence obtained in the manner described under s.
968.31 9968.345 (2) (b), if the prosecuting attorney intends to use the evidence at the trial or
10proceeding.
AB383,1212
11Section
1212. 980.036 (6) of the statutes is amended to read:
AB383,371,2112
980.036
(6) Protective order. Upon motion of a party, the court may at any
13time order that discovery, inspection, or the listing of witnesses required under this
14section be denied, restricted, or deferred, or make other appropriate orders. If the
15prosecuting attorney or the attorney for a person subject to this chapter certifies that
16listing a witness under sub. (2) (e) or (3) (a) may subject the witness or others to
17physical or economic harm or coercion, the court may order that the deposition of the
18witness be taken under s.
967.04 (2) to (6) 967.21. The name of the witness need not
19be divulged prior to the taking of such deposition. If the witness becomes unavailable
20or changes his or her testimony, the deposition shall be admissible at trial as
21substantive evidence.
AB383,1213
22Section
1213. 990.01 (23) of the statutes is amended to read:
AB383,372,323
990.01
(23) Nighttime. "Nighttime," used in any statute, ordinance,
24indictment or
information complaint, means the time between one hour after sunset
25on one day and one hour before sunrise on the following day; and the time of sunset
1and sunrise shall be ascertained according to the mean solar time of the ninetieth
2meridian west from Greenwich, commonly known as central time, as given in any
3almanac.
AB383,1214
4Section
1214. 995.50 (7) of the statutes is amended to read:
AB383,372,75
995.50
(7) No action for invasion of privacy may be maintained under this
6section if the claim is based on an act which is permissible under
ss. s. 196.63 or
7968.27 to 968.37 under subch. IV of ch. 968.
AB383,372,10
9(1) This act first applies to prosecutions commenced on the effective date of this
10subsection.
AB383,372,12
11(2) This act first applies to proceedings, commitments, and requirements
12related to offenses committed on the effective date of this subsection.
AB383,1216
13Section
1216.
Effective dates. This act takes effect on the day after
14publication, except as follows:
AB383,372,1615
(1)
The treatment of section 969.02 (3) (e) of the statutes takes effect on January
161, 2014, or on the day after publication, whichever is later.
AB383,372,2117
(2)
The treatment of sections 165.76 (1) (g) (by
Section 85), (1m) (by
Section
1887), and (4) (a), (b), and (c), 165.765 (1m) and (2) (a) 1., 165.77 (2) (b) (by
Section 93),
19(2m) (c) (by
Section 95
), and (3) (by
Section 97
), (4) (am) 1. and 2. (intro.), a., b. and
20d., 970.02 (8), and 971.027 (7) (title) of the statutes takes effect on April 1, 2015, or
21on the day after publication, whichever is later.