AB383,76,2423
704.16
(1) (b) 4. A condition of release under
s. 974.09 or ch. 969 ordering the
24person not to contact the tenant.
AB383,185
25Section
185. 704.16 (1) (b) 7. of the statutes is amended to read:
AB383,77,3
1704.16
(1) (b) 7. A criminal complaint that was filed against the person as a
2result of the person being arrested for committing a domestic abuse offense against
3the tenant under s.
968.075 969.27.
AB383,186
4Section
186. 704.16 (3) (b) 2. d. of the statutes is amended to read:
AB383,77,65
704.16
(3) (b) 2. d. A condition of release under
s. 974.09 or ch. 969 ordering the
6offending tenant not to contact the other tenant.
AB383,187
7Section
187. 704.16 (3) (b) 2. g. of the statutes is amended to read:
AB383,77,108
704.16
(3) (b) 2. g. A criminal complaint that was filed against the offending
9tenant as a result of the offending tenant being arrested for committing a domestic
10abuse offense against the other tenant under s.
968.075 969.27.
AB383,188
11Section
188. 756.06 (2) (a) of the statutes is amended to read:
AB383,77,1312
756.06
(2) (a) A jury in a felony case shall consist of 12 persons unless both
13parties agree on a lesser number as provided in s.
972.02 972.025 (2).
AB383,189
14Section
189. 756.06 (2) (c) of the statutes is amended to read:
AB383,77,1615
756.06
(2) (c) A jury in a case involving an offense for which a forfeiture may
16be imposed or in an inquest under s.
979.05 968.025 shall consist of 6 persons.
AB383,190
17Section
190. 757.54 (2) (a) 1. of the statutes is amended to read:
AB383,77,1818
757.54
(2) (a) 1. "Custody" has the meaning given in s.
968.205 968.645 (1) (a).
AB383,191
19Section
191. 757.54 (2) (a) 2. of the statutes is amended to read:
AB383,77,2120
757.54
(2) (a) 2. "Discharge date" has the meaning given in s.
968.205 968.645 21(1) (b).
AB383,192
22Section
192. 757.69 (1) (b) of the statutes is amended to read:
AB383,78,723
757.69
(1) (b) In criminal matters issue summonses, arrest warrants
, or search
24warrants, determine probable cause to support a warrantless arrest,
conduct 25perform the duties of the court at an initial
appearances of persons arrested
1appearance under s. 971.027, set bail,
inform the defendant in accordance with s.
2970.02 (1), refer the person to the authority for indigency determinations specified
3under s. 977.07 (1), conduct the preliminary examination and arraignment, and,
4with the consent of both the state and the defendant, accept a guilty plea. If a court
5refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court
6commissioner shall conduct the hearing on the matter in accordance with s. 973.20
7(13) (c) 4.
AB383,193
8Section
193. 757.69 (1) (i) of the statutes is amended to read:
AB383,78,99
757.69
(1) (i) Conduct inquests under
subch. I of ch.
979 968.
AB383,194
10Section
194. 758.171 of the statutes is amended to read:
AB383,78,15
11758.171 Judicial conference: uniform citation. The judicial conference
12shall adopt a uniform citation form for use as authorized under s.
968.085 969.24.
13A duly authenticated copy of this form shall be furnished to the secretary of state and
14kept on file in his or her office. The secretary of state shall transmit a copy of this
15form to the clerks of circuit court.
AB383,195
16Section
195. 758.19 (5) (a) 5. of the statutes is repealed.
AB383,196
17Section
196. 767.87 (4) (b) of the statutes is amended to read:
AB383,78,1918
767.87
(4) (b) The immunity provided under par. (a) is subject to the restrictions
19under s.
972.085 967.18.
AB383,197
20Section
197. 781.04 (1) of the statutes is amended to read:
AB383,78,2321
781.04
(1) In an action or proceeding seeking the remedy available by habeas
22corpus, the court may admit the prisoner to bail in accordance with
s. 974.09 or ch.
23969.
AB383,198
24Section
198. 785.03 (1) (b) of the statutes is amended to read:
AB383,79,10
1785.03
(1) (b)
Punitive sanction. The district attorney of a county, the attorney
2general or a special prosecutor appointed by the court may seek the imposition of a
3punitive sanction by issuing a complaint charging a person with contempt of court
4and reciting the sanction sought to be imposed. The district attorney, attorney
5general or special prosecutor may issue the complaint on his or her own initiative or
6on the request of a party to an action or proceeding in a court or of the judge presiding
7in an action or proceeding. The complaint shall be processed under chs. 967 to 973
8and 975. If the contempt alleged involves disrespect to or criticism of a judge, that
9judge is disqualified from presiding at the trial of the contempt unless the person
10charged consents to the judge presiding at the trial.
AB383,199
11Section
199. 800.035 (8) of the statutes is amended to read:
AB383,79,2212
800.035
(8) If the defendant does not appear, but has made a deposit in the
13amount set for the violation, he or she is deemed to have tendered a plea of no contest
14and submits to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814,
15not exceeding the amount of the deposit. The court may impose any other penalties
16allowed by law. The court may either accept the plea of no contest and enter
17judgment accordingly, or reject the plea and issue a summons. If the court finds that
18the violation meets the conditions in s. 800.093 (1), the court may summon the
19alleged violator into court to determine if restitution shall be ordered under s.
20800.093. If the defendant fails to appear in response to the summons, the court may
21issue a warrant under s.
968.09 969.50. If the defendant has made a deposit but does
22appear, the court shall allow the defendant to withdraw the plea of no contest.
AB383,200
23Section
200. 801.02 (7) (a) 2. c. of the statutes is amended to read:
AB383,80,224
801.02
(7) (a) 2. c. A person bringing an action seeking relief from a judgment
25of conviction or a sentence of a court, including an action for an extraordinary writ
1or a supervisory writ seeking relief from a judgment of conviction or a sentence of a
2court or an action under s. 809.30, 809.40,
973.19
974.03, 974.06 or 974.07.
AB383,201
3Section
201. 801.02 (7) (a) 2. e. of the statutes is amended to read:
AB383,80,64
801.02
(7) (a) 2. e. A person who is not serving a sentence for the conviction of
5a crime but who is detained, admitted or committed under ch. 51 or 55 or s.
971.14
6(2) or (5) 975.32 or 975.34.
AB383,202
7Section
202. 801.50 (5t) of the statutes is renumbered 801.50 (5t) (a) and
8amended to read:
AB383,80,189
801.50
(5t) (a) Except as otherwise provided in ss. 801.52 and
971.223 971.72 10(1) and (2), venue in a civil action to impose a forfeiture upon a resident of this state
11for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a
12violation of any other law arising from or in relation to the official functions of the
13subject of the investigation or any matter that involves elections, ethics, or lobbying
14regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, shall be in
15circuit court for the county where the defendant resides. For purposes of this
16subsection paragraph, a person other than a natural person resides within a county
17if the person's principal place of operation is located within that county.
This
18subsection
AB383,80,21
19(b) Paragraph (a) does not affect which prosecutor has responsibility under s.
20978.05 (2) to prosecute civil actions
arising from violations under s. 971.223 (1) 21described under par. (a).
AB383,203
22Section
203. 801.52 of the statutes is amended to read:
AB383,81,8
23801.52 Discretionary change of venue. The court may at any time, upon
24its own motion, the motion of a party or the stipulation of the parties, change the
25venue to any county in the interest of justice or for the convenience of the parties or
1witnesses, except that venue in a civil action to impose a forfeiture for a violation of
2chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other
3law arising from or in relation to the official functions of the subject of the
4investigation or any matter that involves elections, ethics, or lobbying regulation
5under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only
6as provided in s.
971.223 971.72 (1) and (2) or in the same manner that is authorized
7for a change in the venue of a criminal trial under s.
971.22 971.70. This section does
8not apply to proceedings under ch. 980.
AB383,204
9Section
204. 807.05 of the statutes is amended to read:
AB383,81,15
10807.05 Stipulations. No agreement, stipulation, or consent between the
11parties or their attorneys, in respect to the proceedings in an action or special
12proceeding shall be binding unless made in court or during a proceeding conducted
13under s. 807.13 or
967.08 967.14 and entered in the minutes or recorded by the
14reporter, or made in writing and subscribed by the party to be bound thereby or the
15party's attorney.
AB383,205
16Section
205. 808.03 (3) (b) of the statutes is amended to read:
AB383,81,2117
808.03
(3) (b) An order denying a motion to suppress evidence or a motion
18challenging the admissibility of a statement of a defendant may be reviewed upon
19appeal from a final judgment or order notwithstanding the fact that the judgment
20or order was entered upon a plea of guilty or no contest to the
information or criminal
21complaint.
AB383,206
22Section
206. 808.04 (3) of the statutes is amended to read:
AB383,82,223
808.04
(3) Except as provided in subs. (4) and (7), an appeal in a proceeding
24under
s. 971.17 subch. III of ch. 975, a criminal case, or a case under ch. 48, 51, 55,
1938, or 980 shall be initiated within the time period specified in s. 809.30 (2) or 809.32
2(2), whichever is applicable.
AB383,207
3Section
207. 808.04 (4) of the statutes is amended to read:
AB383,82,74
808.04
(4) Except as provided in sub. (7m), an appeal by the state in a
5proceeding under
s. 971.17 subch. III of ch. 975, a criminal case under s. 974.05, or
6a case under ch. 48, 938, or 980 shall be initiated within 45 days of entry of the
7judgment or order appealed from.
AB383,208
8Section
208. 808.075 (4) (b) 4. of the statutes is amended to read:
AB383,82,119
808.075
(4) (b) 4. Commitment, conditional release, recommitment
, and
10discharge under s.
971.17 subch. III of ch. 975 of a person found not guilty by reason
11of mental disease or defect.
AB383,209
12Section
209. 808.075 (4) (g) 1. of the statutes is amended to read:
AB383,82,1413
808.075
(4) (g) 1. Release on
bond
conditions under s. 809.31 or
969.01 (2) 14974.09 or ch. 969.
AB383,210
15Section
210. 808.075 (4) (g) 2. of the statutes is amended to read:
AB383,82,1716
808.075
(4) (g) 2. Modification or revocation of
bond under s. 969.01 (2) (e) or
17969.08 conditions of release under s. 974.09 (2) or ch. 969.
AB383,211
18Section
211. 808.075 (4) (g) 7. of the statutes is amended to read:
AB383,82,2119
808.075
(4) (g) 7. Commitment, conditional release, recommitment
, and
20discharge under
s. 971.17 subch. III of ch. 975 of a person found not guilty by reason
21of mental disease or defect.
AB383,212
22Section
212. Subchapter III (title) of chapter 809 [precedes 809.30] of the
23statutes is amended to read:
AB383,82,2424
chapter 809
AB383,82,2525
Subchapter III
AB383,83,5
1APPEAL PROCEDURE IN COURT OF
2
APPEALS IN
S. 971.17 PROCEEDINGS
3
under subch. III of ch. 975 AND
4
IN CRIMINAL AND CH. 48, 51, 55, 938,
5
AND 980 CASES
AB383,213
6Section
213. 809.30 (title) of the statutes is amended to read:
AB383,83,8
7809.30 (title)
Rule (Appeals in s. 971.17 proceedings under subch. III of
8ch. 975 and in criminal, ch. 48, 51, 55, 938, and 980 cases).
AB383,214
9Section
214. 809.30 (1) (a) of the statutes is amended to read:
AB383,83,1310
809.30
(1) (a) "Final adjudication" means the entry of a final judgment or order
11by the circuit court in a
s. 971.17 proceeding
under subch. III of ch. 975, in a criminal
12case, or in a ch. 48, 51, 55, 938, or 980 case, other than a termination of parental rights
13case under s. 48.43 or a parental consent to abortion case under s. 48.375 (7).
AB383,215
14Section
215. 809.30 (1) (b) 4. of the statutes is amended to read:
AB383,83,1615
809.30
(1) (b) 4. A subject individual or ward seeking postdisposition relief in
16a
s. 971.17 proceeding
under subch. III of ch. 975 or a case under ch. 51, 55, or 980.
AB383,216
17Section
216. 809.30 (1) (c) of the statutes is amended to read:
AB383,83,2218
809.30
(1) (c) "Postconviction relief" means an appeal or a motion for
19postconviction relief in a criminal case, other than an appeal, motion, or petition
20under ss. 302.113 (7m) or (9g),
973.19, 973.195, 973.198,
974.03, 974.06, or 974.07
21(2). In a ch. 980 case, the term means an appeal or a motion for postcommitment
22relief under s. 980.038 (4).
AB383,217
23Section
217. 809.30 (1) (e) of the statutes is amended to read:
AB383,84,224
809.30
(1) (e) "Prosecutor" means a district attorney, corporation counsel, or
25other attorney authorized by law to represent the state in a criminal case, a
1proceeding under
s. 971.17 subch. III of ch. 975, or a case under ch. 48, 51, 55, 938,
2or 980.
AB383,218
3Section
218. 809.30 (2) (a) of the statutes is amended to read:
AB383,84,134
809.30
(2) (a)
Appeal procedure; counsel to continue. A person seeking
5postconviction relief in a criminal case; a person seeking postdisposition relief in a
6case under ch. 48 other than a termination of parental rights case under s. 48.43 or
7a parental consent to abortion case under s. 48.375 (7); or a person seeking
8postdisposition relief in a
s. 971.17 proceeding
under subch. III of ch. 975 or in a case
9under ch. 51, 55, 938, or 980 shall comply with this section. Counsel representing
10the person at sentencing or at the time of the final adjudication shall continue
11representation by filing a notice under par. (b) if the person desires to pursue
12postconviction or postdisposition relief unless counsel is discharged by the person or
13allowed to withdraw by the circuit court before the notice must be filed.
AB383,219
14Section
219. 809.30 (2) (m) of the statutes is created to read:
AB383,84,1715
809.30
(2) (m)
Entry after filing notice. If the record discloses that the judgment
16or order appealed from was entered after the notice under this section was filed, the
17notice shall be treated as filed after that entry on the day of the entry.
AB383,220
18Section
220. 809.31 (6) of the statutes is amended to read:
AB383,84,2119
809.31
(6) The court ordering release shall require the defendant to post a bond
20in accordance with s.
969.09 974.09 (2) and may impose other terms and conditions.
21The defendant shall file the bond in the trial court.
AB383,221
22Section
221. 814.22 (1) (intro.) of the statutes is amended to read:
AB383,85,423
814.22
(1) (intro.) In all proceedings, including criminal actions, if a change of
24venue is had
(, except in cases where the change
of venue is made because the action
25was not brought in the proper county
),, if the jury is selected for use in another county
1under s.
971.225 971.71, or
if an action
, occupying a day or more
, is tried outside the
2county wherein pending, the county in which the action was commenced shall pay
3to the county in which the action is tried or the jury is selected the following expenses
4arising out of the change of venue or jury selection:
AB383,222
5Section
222. 814.69 (1) (a) of the statutes is amended to read:
AB383,85,96
814.69
(1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per
725-line page for the original and 50 cents per 25-line page for the duplicate. Except
8as provided in s.
967.06 (3) 977.072, the fee shall be paid by the county treasurer upon
9the certificate of the clerk of court.
AB383,223
10Section
223. 885.01 (2) of the statutes is amended to read:
AB383,85,1411
885.01
(2) By
an attorney of record in a criminal action, or by the attorney
12general or any district attorney or person acting in his or her stead, to require the
13attendance of
witnesses, in behalf of the state,
a witness for a deposition, or for a
14hearing or trial in any court or before any magistrate
, and from any part of the state.
AB383,224
15Section
224. 885.15 (2) of the statutes is amended to read:
AB383,85,1716
885.15
(2) The immunity provided under sub. (1) is subject to the restrictions
17under s.
972.085 967.18.
AB383,225
18Section
225. 885.24 (2) of the statutes is amended to read:
AB383,85,2019
885.24
(2) The immunity provided under sub. (1) is subject to the restrictions
20under s.
972.085 967.18.
AB383,226
21Section
226. 885.25 (2m) of the statutes is amended to read:
AB383,85,2322
885.25
(2m) The immunity provided under sub. (2) is subject to the restrictions
23under s.
972.085 967.18.
AB383,227
24Section
227. 885.365 (1) of the statutes is amended to read:
AB383,86,4
1885.365
(1) Evidence obtained as the result of the use of voice recording
2equipment for recording of telephone conversations, by way of interception of a
3communication or in any other manner, shall be totally inadmissible in the courts of
4this state in civil actions, except as provided in ss.
968.28 968.315 to
968.37 968.405.