AB90: Bill Text

AB90,90,5 938.195 (1) (a) "Custodial interrogation" has the meaning given in s. 968.073 969.165 (1) (a).

AB90,251 Section 251. 938.21 (2) (f) of the statutes is created to read:

AB90,90,9 938.21 (2) (f) At a hearing under this section, the representative of the public designated under s. 938.09 shall disclose, if in his or her possession, law enforcement investigative reports relating to the case.

AB90,252 Section 252. 938.293 (2) of the statutes is amended to read:

AB90,90,22 938.293 (2) Records relating to juvenile. All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials to the juvenile or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Section 971.23 Subchapter IV of ch. 971 shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under s. 971.23 (1), (2m), (8), and (9) ss. 971.43, 971.44, 971.45, 971.46, and 971.47.

AB90,253 Section 253. 938.30 (2) of the statutes is amended to read:

AB90,91,8 938.30 (2) Information to juvenile and parents; basic rights; substitution. At or before the commencement of the hearing under this section the juvenile and the parent, guardian, legal custodian, or Indian custodian shall be advised of their rights as specified in s. 938.243 and shall be informed that the hearing shall be to the court and that a request for a substitution of judge under s. 938.29 must be made before the end of the plea hearing or is waived. At the hearing, the district attorney shall disclose, if in his or her possession, law enforcement investigative reports relating to the case. Nonpetitioning parties, including the juvenile, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a substitution of a judge.

AB90,254 Section 254. 938.30 (3) of the statutes is amended to read:

AB90,91,14 938.30 (3) Juvenile in need of protection or services proceeding; possible pleas. If a petition alleges that a juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), (7) or (14), the nonpetitioning parties and the juvenile, if he or she is 12 10 years of age or older or and is otherwise competent to do so, shall state whether they desire to contest the petition.

AB90,255 Section 255. 938.30 (5) (c) (intro.) of the statutes is amended to read:

AB90,91,18 938.30 (5) (c) (intro.) If the court finds that the juvenile was not responsible by reason of mental disease or defect, as described under s. 971.15 975.50 (1) and (2), the court shall dismiss the petition with prejudice and do one of the following:

AB90,256 Section 256. 938.30 (5) (d) (intro.) of the statutes is amended to read:

AB90,91,22 938.30 (5) (d) (intro.) If the court finds that the juvenile is not competent to proceed, as described in s. 971.13 975.30 (1) and (2), the court shall suspend proceedings on the petition and do one of the following:

AB90,257 Section 257. 938.30 (5) (e) 1. (intro.) of the statutes is amended to read:

AB90,92,8 938.30 (5) (e) 1. (intro.) A juvenile who is not competent to proceed, as described in s. 971.13 975.30 (1) and (2), but who is likely to become competent to proceed within 12 months or within the time period of the maximum sentence that may be imposed on an adult for the most serious delinquent act with which the juvenile is charged, whichever is less, and who is committed under s. 51.20 following an order under par. (d) 1. or who is placed under a dispositional order following an order under par. (d) 2., shall be periodically reexamined with written reports of those reexaminations to be submitted to the court every 3 months and within 30 days before the expiration of the juvenile's commitment or dispositional order. Each report shall indicate one of the following:

AB90,258 Section 258. 938.31 (2) of the statutes is amended to read:

AB90,92,18 938.31 (2) Hearing to the court; procedures. The hearing shall be to the court. If the hearing involves a child victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02 (5), the court may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105 967.22. At the conclusion of the hearing, the court shall make a determination of the facts. If the court finds that the juvenile is not within the jurisdiction of the court or the court finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.

AB90,259 Section 259. 938.31 (3) (a) 4. of the statutes is amended to read:

AB90,92,20 938.31 (3) (a) 4. "Statement" has the meaning given in s. 972.115 972.18 (1) (d).

AB90,260 Section 260. 938.31 (3) (d) of the statutes is amended to read:

AB90,93,2 938.31 (3) (d) Notwithstanding ss. 968.28 968.315 to 968.37 968.405, a juvenile's lack of consent to having an audio or audio and visual recording made of a custodial interrogation does not affect the admissibility in evidence of an audio or audio and visual recording of a statement made by the juvenile during the interrogation.

AB90,261 Section 261. 938.315 (2) of the statutes is amended to read:

AB90,93,16 938.315 (2) Continuance for good cause. A continuance may be granted by the court only upon a showing of good cause in open court or during a telephone conference under s. 807.13 on the record and only for so long as is necessary, taking into account the request or consent of the representative of the public under s. 938.09 or the parties, the interests of the victims, and the interest of the public in the prompt disposition of cases. In ruling on any motion or other request for a continuance or delay of the proceedings, the court shall also consider and give weight to any adverse impact the delay or continuance may have on the well-being of a victim or a witness, as defined in s. 950.02 (5), if the victim or witness is a child. In addition, if a victim or a witness is a child, the court and the representative of the public under s. 938.09 shall take appropriate action to ensure speedy proceedings in order to minimize the time during which the child must endure the stress of his or her involvement in the proceedings.

AB90,262 Section 262. 938.35 (1) (cm) of the statutes is amended to read:

AB90,93,19 938.35 (1) (cm) In a court of civil or criminal jurisdiction for purposes of setting bail under s. 974.09 or ch. 969 or impeaching a witness under s. 906.09.

AB90,263 Section 263. 938.396 (1) (a) of the statutes is amended to read:

AB90,93,25 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles shall be kept separate from records of adults. Law enforcement agency records of juveniles may not be open to inspection or their contents disclosed except under par. (b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 938.21 (2) (f), 938.293, or 938.30 (2) or by order of the court.

AB90,264 Section 264. 938.396 (2g) (dr) of the statutes is amended to read:

AB90,94,7 938.396 (2g) (dr) Presentence investigation. Upon request of the department of corrections or any other person preparing a presentence investigation under s. 972.15 973.004 to review court records for the purpose of preparing the presentence investigation, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.

AB90,265 Section 265. 938.535 of the statutes is amended to read:

AB90,94,16 938.535 Early release and intensive supervision program; limits. The department may establish a program for the early release and intensive supervision of juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183 or 938.34 (4m). The program may not include any juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035 969.43, but not including the crime specified in s. 948.02 (1).

AB90,266 Section 266. 938.78 (2) (d) 1. of the statutes is amended to read:

AB90,94,19 938.78 (2) (d) 1. The subject of a presentence investigation under s. 972.15 973.004.

AB90,267 Section 267. 939.60 of the statutes is amended to read:

AB90,94,23 939.60 Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony " Felony" has the meaning given in s. 967.025 (11). Every other crime is a misdemeanor.

AB90,268 Section 268. 939.615 (2) (a) of the statutes is amended to read:

AB90,95,7 939.615 (2) (a) Except as provided in par. (b), if a person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental disease or defect, the court may, in addition to sentencing the person, placing the person on probation or, if applicable, committing the person under s. 971.17 subch. III of ch. 975, place the person on lifetime supervision by the department if notice concerning lifetime supervision was given to the person under s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.

AB90,269 Section 269. 939.615 (3) (d) of the statutes is amended to read:

AB90,95,12 939.615 (3) (d) If the person has been committed to the department of health services under s. 971.17 subch. III of ch. 975 for the serious sex offense, upon the termination of his or her commitment under s. 971.17 (5) 975.60 or his or her discharge from the commitment under s. 971.17 (6) 975.61, whichever is applicable.

AB90,270 Section 270. 939.621 (1) (a) of the statutes is amended to read:

AB90,95,19 939.621 (1) (a) A person who commits, during the 72 hours immediately following an arrest for a domestic abuse incident as set forth in s. 968.075 969.27 (5), an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a) that constitutes the commission of a crime. For the purpose of the definition under this paragraph, the 72-hour period applies whether or not there has been a waiver by the victim under s. 968.075 969.27 (5) (c).

AB90,271 Section 271. 939.621 (2) of the statutes is amended to read:

AB90,96,2 939.621 (2) If a person commits an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a) and the act constitutes the commission of a crime, the maximum term of imprisonment for that crime may be increased by not more than 2 years if the person is a domestic abuse repeater. The victim of the domestic abuse crime does not have to be the same as the victim of the domestic abuse incident that resulted in the prior arrest or conviction. The penalty increase under this section changes the status of a misdemeanor to a felony.

AB90,272 Section 272. 939.74 (1) of the statutes is amended to read:

AB90,96,8 939.74 (1) Except as provided in subs. (2) and (2d) and s. 946.88 (1), prosecution for a felony must be commenced within 6 years and prosecution for a misdemeanor or for adultery within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information a complaint is filed.

AB90,273 Section 273. 939.74 (3) of the statutes is amended to read:

AB90,96,14 939.74 (3) In computing the time limited by this section, the time during which the actor was not publicly a resident within this state or during which a prosecution against the actor for the same act was pending shall not be included. A prosecution is pending when a warrant or a summons has been issued, an indictment has been found, or an information a complaint has been filed.

AB90,274 Section 274. 939.74 (4) of the statutes is amended to read:

AB90,96,19 939.74 (4) In computing the time limited by this section, the time during which an alleged victim under s. 940.22 (2) is unable to seek the issuance filing of a complaint under s. 968.02 970.08 due to the effects of the sexual contact or due to any threats, instructions or statements from the therapist shall not be included.

AB90,275 Section 275. 940.09 (1m) (a) of the statutes is amended to read:

AB90,97,2 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of sub. (1) (c), (cm), or (d); any combination of sub. (1) (c), (cm), or (e); any combination of sub. (1g) (a), (am), or (b) or;; or any combination of sub. (1g) (c), (cm), or (d) for acts arising out of the same incident or occurrence.

AB90,276 Section 276. 940.09 (1m) (b) of the statutes is amended to read:

AB90,97,13 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the others do not require.

AB90,277 Section 277. 940.225 (4) (intro.) of the statutes is amended to read:

AB90,97,20 940.225 (4) Consent. (intro.) "Consent", as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2) 904.045:

AB90,278 Section 278. 940.25 (1m) (b) of the statutes is amended to read:

AB90,98,4 940.25 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require.

AB90,279 Section 279. 940.32 (2m) (d) of the statutes is amended to read:

AB90,98,7 940.32 (2m) (d) The person violates s. 968.31 968.345 (1) or 968.34 968.376 (1) in order to facilitate the violation.

AB90,280 Section 280. 940.48 (intro.) of the statutes is amended to read:

AB90,98,11 940.48 Violation of court orders. (intro.) Whoever violates an order issued under s. 940.47 or violates any condition of a bond required under s. 969.33 (4) (d) may be punished as follows:

AB90,281 Section 281. 940.49 of the statutes is repealed.

AB90,282 Section 282. 941.28 (5) of the statutes is amended to read:

AB90,98,15 941.28 (5) Any firearm seized under this section is subject to s. 968.20 (3) 175.27 (1) and is presumed to be contraband.

AB90,283 Section 283. 941.29 (3) of the statutes is amended to read:

AB90,98,18 941.29 (3) Any firearm involved in an offense under sub. (2) is subject to s. 968.20 (3) 175.27 (1).

AB90,284 Section 284. 943.245 (3m) of the statutes is amended to read:

AB90,98,24 943.245 (3m) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) 969.42 for the same act and by any amount collected in connection with the act and paid to the plaintiff under a deferred prosecution agreement under s. 971.41.

AB90,285 Section 285. 943.51 (3r) of the statutes is amended to read:

AB90,99,3 943.51 (3r) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) 969.42 for the same act.

AB90,286 Section 286. 946.42 (3) (g) of the statutes is amended to read:

AB90,99,6 946.42 (3) (g) Committed to the department of health services under ch. 971 975, 2013 stats., or ch. 975.

AB90,287 Section 287. 946.49 (1) (intro.) of the statutes is amended to read:

AB90,99,9 946.49 (1) (intro.) Whoever, having been released from custody under s. 974.09 or ch. 969, intentionally fails to comply with the terms of his or her bond is:

AB90,288 Section 288. 946.49 (2) of the statutes is amended to read:

AB90,99,13 946.49 (2) A witness for whom bail has been required conditions of release have been set under s. 969.01 (3) 969.52 is guilty of a Class I felony for failure to appear as provided.

AB90,289 Section 289 . 946.52 of the statutes, as affected by 2013 Wisconsin Act 20, section 1922, is amended to read:

AB90,99,19 946.52 Failure to submit biological specimen. Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8) 971.027 (7), 973.047, or 980.063 is guilty of a Class A misdemeanor.

AB90,290 Section 290. 946.60 (1) of the statutes is amended to read:

AB90,99,24 946.60 (1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds, or transfers possession of a document or other object, knowing that a subpoena has been issued for the document has been subpoenaed or other object by a court or, by or at the request of a district attorney or the attorney general, or by an attorney of record in a criminal case or a case under ch. 938 or 980, is guilty of a Class I felony.

AB90,291 Section 291. 946.86 (2) of the statutes is amended to read:

AB90,100,9 946.86 (2) Any criminal complaint alleging violation of s. 946.83 or 946.85 shall allege the extent of property subject to forfeiture under this section. At trial, the trier of fact shall return a special verdict determining the extent of property, if any, to be subject to forfeiture under this section. When a special verdict contains a finding of property subject to a forfeiture under this section, a judgment of criminal forfeiture shall be entered along with the judgment of conviction under s. 972.13 972.28.

AB90,292 Section 292. 946.87 (2) (am) of the statutes is amended to read:

AB90,100,18 946.87 (2) (am) Notwithstanding par. (a), property described in par. (a) is subject to forfeiture if the person who violated s. 946.83 or 946.85 has not been convicted, but he or she is a defendant in a criminal proceeding, is released, pending trial, on bail, as defined in s. 969.001 conditions under ch. 969, and fails to appear in court regarding the criminal proceeding. However, before making the final determination of any action under this section, the court must determine that the party bringing the action can prove the person committed the violation of s. 946.83 or 946.85.

AB90,293 Section 293. 948.015 (9) of the statutes is amended to read:

AB90,100,22 948.015 (9) A crime that involves an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a), if the court includes in its reasoning under s. 973.017 (10m) for its sentencing decision the aggravating factor under s. 973.017 (6m).

AB90,294 Section 294. 948.31 (5) of the statutes is amended to read:

AB90,100,25 948.31 (5) The venue of an action under this section is prescribed in s. 971.19 970.14 (8).

AB90,295 Section 295. 948.50 (4) (c) of the statutes is amended to read: