AB90: Bill Text

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:

AB90,101,3 948.50 (4) (c) Is committed, transferred, or admitted under ch. 975, 2013 stats., or ch. 51, 971 or 975.

AB90,296 Section 296. 948.50 (5) of the statutes is amended to read:

AB90,101,6 948.50 (5) This section does not apply to any law enforcement officer conducting a strip search under s. 968.255 968.585.

AB90,297 Section 297. 949.165 (1) (a) of the statutes is amended to read:

AB90,101,10 949.165 (1) (a) "Serious crime" has the meaning designated in s. 969.08 (10) 969.51 (7) (b) and includes solicitation, conspiracy or attempt to commit a serious crime.

AB90,298 Section 298. 949.165 (9) of the statutes is amended to read:

AB90,101,15 949.165 (9) Interpleader. If a court determines that a person accused of a serious crime is incompetent to proceed under s. 971.14 975.34 or if the charges are dismissed without prejudice, the department shall bring an action of interpleader to determine the disposition of the escrow account.

AB90,299 Section 299. 950.04 (1v) (b) of the statutes is amended to read:

AB90,101,23 950.04 (1v) (b) To attend court proceedings in the case, subject to ss. 906.15 and 938.299 (1). The court may require the victim to exercise his or her right under this paragraph using telephone or live audiovisual means, if available, if the victim is under arrest, incarcerated, imprisoned or otherwise detained by any law enforcement agency or is admitted or committed on an inpatient basis to a treatment facility under ch. 51, 971 975, or 980, and the victim does not have a person specified in s. 950.02 (4) (a) 3. to exercise the victim's right under this paragraph.

AB90,300 Section 300. 950.04 (1v) (d) of the statutes is amended to read:

AB90,102,3 950.04 (1v) (d) To request an order for, and to be given the results of, testing to determine the presence of a communicable disease, as provided under ss. s. 938.296 or 968.38 968.725.

AB90,301 Section 301. 950.04 (1v) (dL) of the statutes is amended to read:

AB90,102,9 950.04 (1v) (dL) To not be the subject of a law enforcement officer's or district attorney's order, request, or suggestion that he or she submit to a test using a lie detector, as defined in s. 111.37 (1) (b), if he or she claims to have been the victim of a sexual assault under s. 940.22 (2), 940.225, 948.02 (1) or (2), or 948.085, except as permitted under s. 968.265 968.595.

AB90,302 Section 302 . 950.04 (1v) (do) of the statutes is amended to read:

AB90,102,14 950.04 (1v) (do) To be informed about the process by which he or she may file a complaint under s. 968.02 or 968.26 968.105 (2) and about the process of an inquest under s. 979.05 968.025 if he or she is the victim of an officer-involved death, as defined in s. 175.47 (1) (c).

AB90,303 Section 303. 950.04 (1v) (e) of the statutes is amended to read:

AB90,102,17 950.04 (1v) (e) To be provided a waiting area under ss. 938.2965 and 967.10 967.23.

AB90,304 Section 304. 950.04 (1v) (em) of the statutes is amended to read:

AB90,102,22 950.04 (1v) (em) To have his or her interests considered by the court in determining whether to exclude persons from a preliminary examination, as provided under s. 971.042 (4), or a probable cause or retention hearing concerning a juvenile, as provided under s. 970.03 (4) 971.75.

AB90,305 Section 305. 950.04 (1v) (er) of the statutes is amended to read:

AB90,103,3 950.04 (1v) (er) To not be compelled to submit to a pretrial interview or deposition by a defendant or his or her attorney as provided under s. 971.23 (6c) 971.58 (2).

AB90,306 Section 306. 950.04 (1v) (g) of the statutes is amended to read:

AB90,103,7 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3), and 972.14 973.003 (3) (b).

AB90,307 Section 307. 950.04 (1v) (gn) and (go) of the statutes are created to read:

AB90,103,10 950.04 (1v) (gn) To have a reasonable attempt made to notify the victim of a conditional release, as provided under s. 975.62 (2).

AB90,103,12 (go) To have a reasonable attempt made to notify the victim of the termination of a commitment order or a discharge, as provided under s. 975.62 (3).

AB90,308 Section 308. 950.04 (1v) (L) of the statutes is amended to read:

AB90,103,17 950.04 (1v) (L) To have the district attorney or corporation counsel, whichever is applicable, make a reasonable attempt to contact the victim concerning the victim's right to make a statement, as provided under ss. 938.32 (1) (b) 2., 938.335 (3m) (b) and 972.14 973.003 (3) (b).

AB90,309 Section 309. 950.04 (1v) (m) of the statutes is amended to read:

AB90,103,21 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 973.003 (3) (a).

AB90,310 Section 310. 950.04 (1v) (p) of the statutes is amended to read:

AB90,104,2 950.04 (1v) (p) To have the person preparing a presentence investigation under s. 972.15 973.004 make a reasonable attempt to contact the victim, as provided in s. 972.15 973.004 (2m), and to view the sentence recommendation and any victim information included on the presentence investigation report, as provided in s. 972.15 973.004 (4m).

AB90,311 Section 311. 950.04 (1v) (pd) of the statutes is amended to read:

AB90,104,6 950.04 (1v) (pd) Subject to the limits set forth in s. 972.15 973.004 (4r), to view portions of a presentence investigation report prepared under s. 972.15 973.004 that relate to the crime upon the victim.

AB90,312 Section 312. 950.04 (1v) (qm) of the statutes is amended to read:

AB90,104,8 950.04 (1v) (qm) To recompense as provided under s. 969.13 (5) (a) 969.42.

AB90,313 Section 313. 950.04 (1v) (s) of the statutes is amended to read:

AB90,104,15 950.04 (1v) (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence, subject to s. 968.205 968.645. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205 968.645, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.

AB90,314 Section 314. 950.04 (1v) (um) of the statutes is amended to read:

AB90,104,19 950.04 (1v) (um) To have district attorneys make a reasonable attempt to notify the victim under s. 971.17 (4m) 975.62 (2) regarding conditional releases under s. 971.17 975.57 (4) or 975.59.

AB90,315 Section 315. 950.04 (1v) (x) of the statutes is amended to read:

AB90,104,24 950.04 (1v) (x) To have the department of health services make a reasonable attempt to notify the victim under s. 971.17 (6m) 975.62 (3) regarding termination or discharge under s. 971.17 975.60 or 975.61 and under s. 51.37 (10) regarding home visits under s. 51.37 (10).

AB90,316 Section 316. 950.04 (2w) (f) of the statutes is amended to read:

AB90,105,2 950.04 (2w) (f) To be provided a waiting area under ss. 938.2965 and 967.10 967.23.

AB90,317 Section 317. 950.055 (2) (b) of the statutes is amended to read:

AB90,105,8 950.055 (2) (b) Advice to the judge, when appropriate and as a friend of the court, regarding the child's ability to understand proceedings and questions. The services may include providing assistance in determinations concerning the taking of depositions by audiovisual means under s. 908.08 or 967.04 (7) and (8) 967.22 and the duty to expedite proceedings under s. ss. 938.315 (2) and 971.105.

AB90,318 Section 318. 950.08 (2g) (c) of the statutes is amended to read:

AB90,105,16 950.08 (2g) (c) The address and telephone number of the intake worker, corporation counsel, or district attorney whom the victim may contact to obtain information concerning the rights of victims and to request notice of court proceedings under ss. 938.27 (4m) and (6), 938.273 (2), 938.299 (1) (am) and 938.335 (3m) (b) or ss. 971.095 (3) and 972.14 973.003 (3) (b), whichever is applicable, and to request the opportunity to confer under ss. s. 938.245 (1m), 938.265, or 938.32 (1) (am) or s. 971.095 (2), whichever is applicable.

AB90,319 Section 319. 950.08 (2g) (e) of the statutes is amended to read:

AB90,105,21 950.08 (2g) (e) The address and telephone number of the custodial agency that the victim may contact for information concerning release under s. 938.20 or, 938.21, or 974.09 or ch. 969, whichever is appropriate, of a person arrested or taken into custody for the crime of which he or she is a victim.

AB90,320 Section 320 . 950.08 (2g) (h) of the statutes is amended to read:

AB90,106,2 950.08 (2g) (h) If the victim is a victim of an officer-involved death, as defined in s. 175.47 (1) (c), information about the process by which he or she may file a complaint under s. 968.02 or 968.26 968.105 (2) and about the process of an inquest under s. 979.05 968.025.

AB90,321 Section 321. 950.08 (2r) (intro.) of the statutes is amended to read:

AB90,106,10 950.08 (2r) Information to be provided by a district attorney in criminal cases. (intro.) As soon as practicable, but in no event later than 10 days after the initial appearance under s. 970.01 971.015 or 24 hours before a preliminary examination under s. 970.03 971.042, whichever is earlier, of a person charged with a crime in a court of criminal jurisdiction, a district attorney shall make a reasonable attempt to provide to each victim of the crime written information on all of the following:

AB90,322 Section 322. 950.08 (2w) of the statutes is amended to read:

AB90,106,21 950.08 (2w) Information to be provided by district attorneys to schools in criminal cases. If a criminal complaint is issued under s. 968.02 970.08 or if a petition for waiver is granted pursuant to s. 938.18, and the district attorney reasonably believes the person charged is a pupil enrolled in a school district, a private school, or a charter school established pursuant to 118.40 (2r), the district attorney shall make a reasonable attempt to notify the school board, governing body of the private school, as defined in s. 115.001 (3d), or charter school governing body of the charges pending against the pupil. The district attorney shall also notify the school board, governing body of the private school, or charter school governing body of the final disposition of the charges.

AB90,323 Section 323. 951.01 (4) of the statutes is amended to read:

AB90,106,24 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5) 967.025 (13) but does not include a conservation warden appointed under s. 23.10.

AB90,324 Section 324. 961.48 (2m) (a) of the statutes is amended to read:

AB90,107,8 961.48 (2m) (a) Whenever a person charged with a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) unless any applicable prior convictions are alleged in the complaint, indictment, or information or in an amended complaint, indictment, or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint indictment, or information filed under par. (b) 2.

AB90,325 Section 325. 961.48 (2m) (b) (intro.) of the statutes is amended to read:

AB90,107,13 961.48 (2m) (b) (intro.) Notwithstanding s. 971.29 970.09 (1), at any time before entry of a guilty or no contest plea or the commencement of a trial, a district attorney may file without leave of the court an amended complaint, information , or indictment that does any of the following:

AB90,326 Section 326. 967.01 of the statutes is amended to read:

AB90,107,19 967.01 Title and effective date. Chapters 967 to 979 may be referred to as the criminal procedure code and shall be interpreted as a unit. Chapters 967 to 979 shall govern all criminal proceedings and is effective on July 1, 1970. Chapters 967 to 979 apply in all prosecutions commenced on or after that date. Prosecutions commenced prior to July 1, 1970, shall be governed by the law existing prior thereto.

AB90,327 Section 327. 967.02 (title) of the statutes is repealed.

AB90,328 Section 328. 967.02 (intro.) of the statutes is renumbered 967.025 (intro.).

AB90,329 Section 329. 967.02 (1) of the statutes is renumbered 967.025 (4) and amended to read:

AB90,107,25 967.025 (4) "Clerk" means the clerk of circuit court of the county including and includes the clerk's deputies.

AB90,330 Section 330. 967.02 (2) of the statutes is renumbered 967.025 (9) and amended to read:

AB90,108,4 967.025 (9) "Department" means the department of corrections, except as provided in ss. 971.14 and 975.001 s. 975.20 (1) for purposes of ch. 975.

AB90,331 Section 331. 967.02 (3) and (4) of the statutes are repealed.

AB90,332 Section 332. 967.02 (5) of the statutes is renumbered 967.025 (13).

AB90,333 Section 333. 967.02 (6) of the statutes is renumbered 967.025 (12) and amended to read:

AB90,108,10 967.025 (12) "Judge" means judge of a the court of record and includes a court commissioner acting within the scope of authority conferred under s. 757.69.

AB90,334 Section 334. 967.02 (7) of the statutes is renumbered 967.025 (6) and amended to read:

AB90,108,15 967.025 (6) "Court" means the circuit court unless otherwise indicated and includes a court commissioner acting within the scope of authority conferred under s. 757.69.

AB90,335 Section 335. 967.02 (8) of the statutes is repealed.

AB90,336 Section 336. 967.025 (title) of the statutes is created to read:

AB90,108,18 967.025 (title) Definitions.

AB90,337 Section 337. 967.025 (2) of the statutes is created to read:

AB90,108,21 967.025 (2) "Bond" means a promise by a person in custody to appear in court as required and to comply with other conditions.