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.
AB383,228
5Section
228. 885.64 (2) of the statutes is amended to read:
AB383,86,116
885.64
(2) All circuit court proceedings, with the exception of proceedings
7pursuant to s.
972.11 (2m) 972.20, that are conducted by videoconference, interactive
8video and audio transmission, audiovisual means, live audiovisual means,
9closed-circuit audiovisual, or other interactive electronic communication with a
10video component, shall be conducted in accordance with the provisions of this
11subchapter.
AB383,229
12Section
229. 891.39 (1) (b) of the statutes is amended to read:
AB383,86,2013
891.39
(1) (b) In actions affecting the family, in which the question of paternity
14is raised, and in paternity proceedings, the court, upon being satisfied that the
15parties to the action are unable to adequately compensate any such guardian ad
16litem for the guardian ad litem's services and expenses, shall then make an order
17specifying the guardian ad litem's compensation and expenses, which compensation
18and expenses shall be paid as provided in s.
967.06
767.407 (6). If the court orders
19a county to pay the compensation of the guardian ad litem, the amount ordered may
20not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).
AB383,230
21Section
230. 891.39 (2) (b) of the statutes is amended to read:
AB383,86,2322
891.39
(2) (b) The immunity provided under par. (a) is subject to the restrictions
23under s.
972.085 967.18.
AB383,231
24Section
231. 893.93 (1) (d) of the statutes is amended to read:
AB383,86,2525
893.93
(1) (d) An action under s.
968.31 968.345.
AB383,232
1Section
232. 895.01 (1) (am) 7. of the statutes is amended to read:
AB383,87,32
895.01
(1) (am) 7. Causes of action for a violation of s.
968.31 968.345 (2m) or
3other damage to the person.
AB383,233
4Section
233. 895.34 of the statutes is amended to read:
AB383,87,16
5895.34 Renewal of sureties upon becoming insufficient and effects
6thereof. If any bail bond, recognizance, undertaking or other bond or undertaking
7given in any civil or criminal action or proceeding, becomes at any time insufficient,
8the court or judge thereof, municipal judge or any magistrate before whom such
9action or proceeding is pending, may, upon notice, require the plaintiff or defendant
10to give a new bond, recognizance or undertaking. Every person becoming surety on
11any such new bond, recognizance or undertaking is liable from the time the original
12was given, the same as if he or she had been the original surety. If any person fails
13to comply with the order made in the case the adverse party is entitled to any order,
14judgment, remedy or process to which he or she would have been entitled had no
15bond, recognizance or undertaking been given at any time.
This section does not
16apply to a modification of a condition of release under s. 969.33 (7).
AB383,234
17Section
234. 895.446 (4) of the statutes is amended to read:
AB383,87,2018
895.446
(4) Any recovery under this section shall be reduced by the amount
19recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act
20or as recompense under s.
969.13 (5) (a) 969.42 for the same act.
AB383,235
21Section
235. 895.45 (1) (a) of the statutes is amended to read:
AB383,88,222
895.45
(1) (a) "Abusive conduct" means domestic abuse, as defined under s.
2349.165 (1) (a), 813.12 (1) (am), or
968.075 969.27 (1) (a), harassment, as defined under
24s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault
1under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under
2ss. 948.02 to 948.11.
AB383,236
3Section
236. 895.46 (9) (a) (intro.) and 2. and (b) (intro.) and 2. of the statutes
4are amended to read:
AB383,88,95
895.46
(9) (a) (intro.) The state shall reimburse a state officer or state employee
6for reasonable attorney fees and costs incurred by the officer or employee in
7connection with a John Doe proceeding under s.
968.26
968.105 (2) arising from the
8officer's or employee's conduct in the performance of official duties if all the following
9apply:
AB383,88,1110
2. The officer or employee is not convicted of a crime arising from the conduct
11that is the subject of any criminal complaint issued under s.
968.26 968.105 (2) (d).
AB383,88,1512
(b) (intro.) The state shall reimburse a state officer or state employee for
13reasonable attorney fees and costs incurred by the officer or employee in defending
14a criminal complaint issued under s.
968.26 968.105 (2) (d) arising from the officer's
15or employee's conduct in the performance of official duties if all of the following apply:
AB383,88,1716
2. The officer or employee is not convicted of a crime arising from the conduct
17that is the subject of the criminal complaint issued under s.
968.26 968.105 (2) (d).
AB383,237
18Section
237. 895.54 of the statutes is amended to read:
AB383,88,22
19895.54 Liability exemption; notification of release. A person is immune
20from any liability regarding any act or omission regarding the notification of any
21applicable office or person under s. 51.37 (10), 304.06 (1),
971.17 (4m) or (6m) 975.62, 22or 980.11. This section does not apply to willful or wanton acts or omissions.
AB383,238
23Section
238. 901.01 of the statutes is amended to read:
AB383,88,25
24901.01 Scope. Chapters 901 to 911 govern proceedings in the courts of the
25state of Wisconsin except as provided in ss. 911.01 and
972.11 967.24.
AB383,239
1Section
239. 901.04 (1) of the statutes is amended to read:
AB383,89,72
901.04
(1) Questions of admissibility generally. Preliminary questions
3concerning the qualification of a person to be a witness, the existence of a privilege,
4or the admissibility of evidence shall be determined by the judge, subject to sub. (2)
5and ss.
971.31 (11) and 972.11 (2) 346.63 (8), 904.045, 940.22 (6), and 971.65 (6). In
6making the determination the judge is bound by the rules of evidence only with
7respect to privileges and as provided in s. 901.05.
AB383,240
8Section
240. 901.04 (3) (cm) of the statutes is amended to read:
AB383,89,109
901.04
(3) (cm) Admissibility of evidence specified in s.
972.11 (2) (d) 904.045
10(4).
AB383,241
11Section
241. 901.05 (3) of the statutes is amended to read:
AB383,89,1612
901.05
(3) The results of a test or tests under s. 938.296 (4) or (5) or
968.38 13968.725 (4) or (5) and the fact that a person has been ordered to submit to such a test
14or tests under s. 938.296 (4) or (5) or
968.38 968.725 (4) or (5) are not admissible
15during the course of a civil or criminal action or proceeding or an administrative
16proceeding.
AB383,242
17Section
242. 904.04 (1) (b) of the statutes is amended to read:
AB383,89,2218
904.04
(1) (b)
Character of victim. Except as provided in s.
972.11 (2) 904.045,
19evidence of a pertinent trait of character of the victim of the crime offered by an
20accused, or by the prosecution to rebut the same, or evidence of a character trait of
21peacefulness of the victim offered by the prosecution in a homicide case to rebut
22evidence that the victim was the first aggressor;
AB383,243
23Section
243. 904.045 (title) of the statutes is created to read:
AB383,89,24
24904.045 (title)
Evidence of sexual conduct.
AB383,244
25Section
244. 904.06 (1) of the statutes is amended to read:
AB383,90,5
1904.06
(1) Admissibility. Except as provided in s.
972.11 (2) 904.045, evidence
2of the habit of a person or of the routine practice of an organization, whether
3corroborated or not and regardless of the presence of eyewitnesses, is relevant to
4prove that the conduct of the person or organization on a particular occasion was in
5conformity with the habit or routine practice.
AB383,245
6Section
245. 906.08 (1) (intro.) of the statutes is amended to read:
AB383,90,107
906.08
(1) Opinion and reputation evidence of character. (intro.) Except as
8provided in s.
972.11 (2) 904.045, the credibility of a witness may be attacked or
9supported by evidence in the form of reputation or opinion, but subject to the
10following limitations:
AB383,246
11Section
246. 906.08 (2) of the statutes is amended to read:
AB383,90,1812
906.08
(2) Specific instances of conduct. Specific instances of the conduct of
13a witness, for the purpose of attacking or supporting the witness's credibility, other
14than a conviction of a crime or an adjudication of delinquency as provided in s.
15906.09, may not be proved by extrinsic evidence. They may, however, subject to s.
16972.11 (2) 904.045, if probative of truthfulness or untruthfulness and not remote in
17time, be inquired into on cross-examination of the witness or on cross-examination
18of a witness who testifies to his or her character for truthfulness or untruthfulness.
AB383,247
19Section
247. 907.06 (5) of the statutes is amended to read:
AB383,90,2120
907.06
(5) Appointment in criminal cases. This section shall not apply to the
21appointment of experts as provided by s.
971.16 975.51.
AB383,248
22Section
248. 908.08 (5) (am) of the statutes is amended to read:
AB383,90,2423
908.08
(5) (am) The testimony of a child under par. (a) may be taken in
24accordance with s.
972.11 (2m) 972.20, if applicable.
AB383,249
25Section
249. 908.08 (5) (b) of the statutes is amended to read:
AB383,91,4
1908.08
(5) (b) If a recorded statement under this section is shown at a
2preliminary examination hearing under s.
970.03 971.75 (2) and the party who offers
3the statement does not call the child to testify, the court may not order under par. (a)
4that the child be produced for cross-examination
at the preliminary examination.
AB383,250
5Section
250. 908.08 (6) of the statutes is amended to read:
AB383,91,86
908.08
(6) Recorded oral statements of children under this section in the
7possession, custody
, or control of the state are discoverable under ss. 48.293 (3),
8304.06 (3d),
971.23 (1) (e) 971.43 (2) (f), and 973.10 (2g).
AB383,251
9Section
251. 911.01 (1) of the statutes is amended to read:
AB383,91,1510
911.01
(1) Courts and court commissioners. Chapters 901 to 911 apply to the
11courts of the state of Wisconsin, including municipal courts and circuit,
12supplemental, and municipal court commissioners, in the proceedings and to the
13extent hereinafter set forth except as provided in s.
972.11 967.24. The word "judge"
14in chs. 901 to 911 means judge of a court of record, municipal judge, or circuit,
15supplemental, or municipal court commissioner.
AB383,252
16Section
252. 911.01 (4) (b) of the statutes is amended to read:
AB383,91,1817
911.01
(4) (b)
Grand jury; John Doe proceedings. Proceedings before grand
18juries or a John Doe proceeding under s.
968.26 968.105.
AB383,253
19Section
253. 911.01 (4) (c) of the statutes is amended to read:
AB383,92,420
911.01
(4) (c)
Miscellaneous proceedings. Proceedings for extradition or
21rendition; sentencing, granting or revoking probation, modification of a bifurcated
22sentence under s. 302.113 (9g), adjustment of a bifurcated sentence under s. 973.195
23(1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants,
24criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings
25under s.
971.14 (1r) (c) 975.31; proceedings with respect to pretrial release under ch.
1969 except where habeas corpus is utilized with respect to release on
bail or 2conditions as
otherwise provided in ch. 969;
proceedings with respect to release on
3bond under s. 974.09 pending appeal; or proceedings under s. 165.76 (6) to compel
4provision of a biological specimen for deoxyribonucleic acid analysis.
AB383,254
5Section
254. 938.18 (10) of the statutes is created to read:
AB383,92,106
938.18
(10) Disposition options; certain juveniles younger than 15. If a court
7of criminal jurisdiction has jurisdiction over a juvenile for a violation as a result of
8a waiver under sub. (1) (a) or (b) and the juvenile is alleged to have committed the
9violation before he or she has attained the age of 15, the court shall proceed as
10follows:
AB383,92,1311
(a) If the juvenile is convicted of an offense for which jurisdiction over the
12juvenile could not have been waived under sub. (1) (a) or (b), the court shall adjudge
13the juvenile to be delinquent and impose a disposition specified in s. 938.34.
AB383,92,2014
(b) If the juvenile is convicted of an offense other than the offense charged and
15the offense for which the juvenile is convicted is an offense for which jurisdiction over
16the juvenile may be waived under sub. (1) (a) or (b) and the court, after considering
17the criteria specified in sub. (5), determines that the juvenile has proved by clear and
18convincing evidence that it would be in the best interests of the juvenile and of the
19public to adjudge the juvenile to be delinquent, the court may impose a disposition
20specified in s. 938.34.
AB383,255
21Section
255. 938.183 (1) (ar) of the statutes is amended to read:
AB383,93,222
938.183
(1) (ar) A juvenile specified in par. (a) or (am) who is alleged to have
23attempted or committed a violation of any state criminal law in addition to the
24violation alleged under par. (a) or (am) if the violation alleged under this paragraph
1and the violation alleged under par. (a) or (am) may be joined under s.
971.12 (1) 2970.13.