AB90,118,116
967.14
(3) Requests and objections.
The court may permit the following
7proceedings to be conducted under sub. (1) on the request of either party. The request
8and the opposing party's showing of good cause for not conducting the proceeding A
9party may make a request under sub. (1)
may be made by telephone.
The opposing
10party may show good cause by telephone for not conducting the proceeding under this
11section.
AB90,369
12Section
369. 967.08 (2) (a) to (d) of the statutes are renumbered 967.14 (1) (a)
13to (d) and amended to read:
AB90,118,1514
967.14
(1) (a) Initial appearance under
s. 970.01 subch. I of ch. 971 or pretrial
15conference.
AB90,118,1616
(b) Waiver of preliminary examination under s.
970.03, 971.042.
AB90,118,17
17(e) Waiver of a competency hearing under s.
971.14 (4) or 975.34.
AB90,118,18
18(f) Waiver of a jury trial under s.
972.02 972.005 (1).
AB90,118,1919
(c) Motions for extension of time
under ss. 970.03 (2), 971.10 or other statutes.
AB90,118,2120
(d) Arraignment under s.
971.05 970.17, if the defendant intends to plead not
21guilty or to refuse to plead.
AB90,370
22Section
370. 967.08 (3) (intro.) of the statutes is renumbered 967.14 (1) (g)
23(intro.) and amended to read:
AB90,119,224
967.14
(1) (g) (intro.) Non-evidentiary proceedings on the following matters
25may be conducted under sub. (1) on request of either party. The request and the
1opposing party's showing of good cause for not conducting the proceeding under sub.
2(1) may be made by telephone.:
AB90,371
3Section
371. 967.08 (3) (a) to (f) of the statutes are renumbered 967.14 (1) (g)
41. to 6. and amended to read:
AB90,119,65
967.14
(1) (g) 1. Setting, review
, and modification of
bail and other conditions
6of release under
s. 974.09 or ch. 969.
AB90,119,87
2. Motions for severance under s.
971.12 (3) 971.68 (2) or
consolidation joint
8trial of charges under s.
971.12 (4) 971.67.
AB90,119,109
3. Motions for
testing of physical evidence under s. 971.23 (5) discovery or
for
10protective orders under
s. 971.23 (6) subch. IV of ch. 971.
AB90,119,1211
4. Motions
under s. 971.31 directed to the sufficiency of the complaint or the
12affidavits supporting basis for the issuance of a warrant for arrest or search.
AB90,119,1313
5. Motions in limine
, including those under s. 972.11 (2) (b).
AB90,119,1514
6. Motions
to postpone, including those under s. 971.29 related to scheduling
15under subch. III of ch. 971.
AB90,372
16Section
372. 967.09 of the statutes is renumbered 967.14 (6), and 967.14 (6)
17(title), as renumbered, is amended to read:
AB90,119,1818
967.14
(6) (title)
Interpreters
may serve by telephone or video.
AB90,373
19Section
373. 967.10 of the statutes is renumbered 967.23.
AB90,374
20Section
374. 967.11 of the statutes is renumbered 970.16.
AB90,375
21Section
375. 967.12 (3) of the statutes is created to read:
AB90,119,2322
967.12
(3) If trial is waived, when the court accepts the defendant's plea of
23guilty or no contest.
AB90,376
24Section
376. 967.13 (1) (a) and (b) of the statutes are created to read:
AB90,119,2525
967.13
(1) (a) The initial appearance.
AB90,120,1
1(b) Any proceeding at which a plea is entered or withdrawn.
AB90,377
2Section
377. 967.13 (1) (i) of the statutes is created to read:
AB90,120,33
967.13
(1) (i) Sentencing.
AB90,378
4Section
378. 967.14 (1) (dm) of the statutes is created to read:
AB90,120,55
967.14
(1) (dm) Entry of a plea other than one that results in a finding of guilt.
AB90,379
6Section
379. 967.14 (2) of the statutes is created to read:
AB90,120,87
967.14
(2) Criteria for good cause. In determining good cause under sub. (1),
8the court may consider the criteria under s. 885.56 (1).
AB90,380
9Section
380. 967.14 (4) of the statutes is created to read:
AB90,120,1210
967.14
(4) Pleas of guilty or no contest and sentencing. If the district
11attorney, the defendant, and defense counsel consent, the court may permit any of
12the following proceedings to be conducted by telephone:
AB90,120,1313
(a) A proceeding to accept a plea of guilty or no contest.
AB90,120,1414
(b) A sentencing proceeding.
AB90,381
15Section
381. 967.21 (2) (title) of the statutes is created to read:
AB90,120,1616
967.21
(2) (title)
Procedure.
AB90,382
17Section
382. 967.21 (3) (title) of the statutes is created to read:
AB90,120,1818
967.21
(3) (title)
Applicability of civil rules.
AB90,383
19Section
383. 967.21 (4) (title) of the statutes is created to read:
AB90,120,2020
967.21
(4) (title)
Attendance by defendant.
AB90,384
21Section
384. 967.21 (5) (title) of the statutes is created to read:
AB90,120,2222
967.21
(5) (title)
Use at trial or hearing.
AB90,385
23Section
385. 967.21 (6) (title) of the statutes is created to read:
AB90,120,2424
967.21
(6) (title)
Objections.
AB90,386
25Section
386. 967.22 (title) of the statutes is created to read:
AB90,121,1
1967.22 (title)
Deposition of a child by audiovisual means.
AB90,387
2Section
387. 968.01 (title) of the statutes is renumbered 970.07 (title) and
3amended to read:
AB90,121,4
4970.07 (title)
Complaint; contents and oath.
AB90,388
5Section
388. 968.01 (1) (intro.), (a) and (b) of the statutes are renumbered
6970.07 (1) (intro.), (a) and (b).
AB90,389
7Section
389. 968.01 (1) (c) of the statutes is repealed.
AB90,390
8Section
390. 968.01 (2) of the statutes is renumbered 970.07 (2) and amended
9to read:
AB90,121,1510
970.07
(2) The complaint
is a written statement of the shall specify the time
11and place each crime charged was committed, the section of the statutes alleged to
12have been violated, and the maximum penalty prescribed for each crime charged.
13The complaint shall include a statement of the essential facts constituting the
14offense crime charged
. A person may make a complaint on, signed by the person on
15whose knowledge, information
, and belief
the statement is based.
AB90,121,17
16(3) Except as provided in sub.
(3) or (4)
or (5), the complaint shall be made upon
17oath before a district attorney
or judge as provided in this chapter.
AB90,391
18Section
391. 968.01 (3) of the statutes is renumbered 970.07 (4) and amended
19to read:
AB90,122,220
970.07
(4) A person may comply with sub. (2) if he or she makes the oath by
21telephone contact with the district attorney
or judge, signs the statement
, and
22immediately thereafter transmits a
copy facsimile of the signed statement to the
23district attorney
or judge using a facsimile machine. The person shall also transmit
24the original signed statement
, without using a facsimile machine, to the district
1attorney
or judge, who shall file it with the clerk. If the complaint is filed, both the
2original and the
copy facsimile shall be filed under s.
968.02 (2) 970.08.
AB90,392
3Section
392. 968.01 (4) of the statutes is renumbered 970.07 (5).
AB90,393
4Section
393. Subchapter I (title) of chapter 968 [precedes 968.015] of the
5statutes is created to read:
AB90,122,87
subchapter I
8
Inquests
AB90,394
9Section
394. 968.02 (title) and (1) of the statutes are renumbered 970.08 (title)
10and (1) and amended to read:
AB90,122,17
11970.08 (title)
Issuance and filing of complaints Filing the complaint. 12(1) Except as otherwise provided in this section, a complaint charging a person with
13an offense shall be issued only by a Only the district attorney of the county where
14the a crime
is alleged to have been committed. A complaint is issued when it is
15approved for filing by the district attorney. The approval shall be in the form of a
16written endorsement on the complaint may be tried under s. 970.14 may file a
17complaint.
AB90,395
18Section
395. 968.02 (2) of the statutes is repealed.
AB90,396
19Section
396. 968.02 (3) of the statutes is repealed.
AB90,397
20Section
397. 968.02 (4) of the statutes is repealed.
AB90,398
21Section
398. 968.025 (title) of the statutes is created to read:
AB90,122,22
22968.025 (title)
Inquest procedures.
AB90,399
23Section
399. 968.025 (3) of the statutes is created to read:
AB90,123,3
1968.025
(3) Where conducted. An inquest may be held in any county in this
2state in which venue would lie for the trial of any offense that could be charged as
3the result of or involving the death.
AB90,400
4Section
400. 968.025 (4) (title) of the statutes is created to read:
AB90,123,55
968.025
(4) (title)
Jury selection.
AB90,401
6Section
401. 968.025 (4) (e) of the statutes is created to read:
AB90,123,117
968.025
(4) (e) The court shall select the inquest jury by lot once a panel of at
8least 12 potential jurors has been qualified. If the inquest is likely to be protracted,
9the judge may select also one or more alternate jurors by lot. If more than 6 jurors
10remain after all of the evidence is presented, the court shall determine by lot which
11jurors will not participate in deliberations and discharge them.
AB90,402
12Section
402. 968.03 (title) and (3) of the statutes are repealed.
AB90,403
13Section
403. 968.03 (1) of the statutes is repealed.
AB90,404
14Section
404. 968.03 (2) of the statutes is renumbered 969.20 (8) and amended
15to read:
AB90,123,2116
969.20
(8) Withdrawal of warrant or summons and complaint. An unserved
17warrant or summons
and complaint in a case in which an initial appearance has not
18been held shall, at the request of the district attorney, be returned to the
judge who
19may dismiss the action. Such court, and the court shall dismiss the action. The 20request shall be in writing
, it and shall state the reasons
therefor in writing and shall
21be filed with the clerk for which it is made.
AB90,405
22Section
405. 968.035 (title) of the statutes is created to read:
AB90,123,23
23968.035 (title)
Witnesses.
AB90,406
24Section
406. 968.04 (title) of the statutes is renumbered 969.20 (title) and
25amended to read:
AB90,124,2
1969.20 (title)
Warrant
Issuance of arrest warrant or summons on
2complaint.
AB90,407
3Section
407. 968.04 (1) (intro.) of the statutes is renumbered 969.20 (1) and
4amended to read:
AB90,124,175
969.20
(1) Warrants
In general. If
it appears from the complaint, or from an
6affidavit or affidavits filed with the complaint or after an examination under oath of
7the complainant or witnesses, when the a judge determines that
this is necessary,
8that there is probable cause to believe that an offense has been committed and that
9the accused has committed it, the judge shall issue a warrant for the arrest of the
10defendant accused or a summons in lieu thereof.
The probable cause determination
11may be based on a criminal complaint, an affidavit filed with the criminal complaint,
12or if the judge determines it is necessary, after an examination under oath of the
13complainant or witness. The warrant or summons shall be delivered
forthwith to a
14law enforcement officer for service.
If the judge does not find probable cause to
15believe that an offense has been committed or that the accused has committed it, the
16judge shall record that finding on the complaint, file the complaint with the clerk,
17and dismiss the action without prejudice.
AB90,408
18Section
408. 968.04 (1) (a) of the statutes is repealed.
AB90,409
19Section
409. 968.04 (1) (b) of the statutes is renumbered 969.20 (4) and
20amended to read:
AB90,125,221
969.20
(4) Issuance by judge from another county. A
warrant or summons
22may be issued by a judge in another county
may issue a warrant or summons when
23there is no available judge of the county in which the complaint is issued. The
24warrant
or summons shall be returnable
before a judge to a court in the county in
25which the
offense alleged in the complaint was
committed, and the summons shall
1be returnable before the circuit court of the county in which the offense alleged in the
2complaint was committed issued.
AB90,410
3Section
410. 968.04 (1) (c) of the statutes is renumbered 969.20 (5) and
4amended to read:
AB90,125,65
969.20
(5) Geographical limits. A judge
issuing an arrest warrant may specify
6geographical limits for
its enforcement
of a warrant.