AB90: Bill Text

AB90,322,16 (c) The state shall present its case in chief.

AB90,322,21 (d) At the close of the state's case in chief, the defense may move to dismiss. The court shall grant the motion to dismiss if it appears that, viewing the evidence in the light most favorable to the state and drawing all reasonable inferences therefrom, a reasonable jury could not find the defendant guilty beyond a reasonable doubt. The court shall decide the motion before the defense presents its case in chief.

AB90,322,24 (e) The defense may present a case in chief. If a defendant presents evidence, the defendant waives the right to appeal the denial of a motion for dismissal made under par. (d).

AB90,322,25 (f) The state and the defense may present rebuttal evidence.

AB90,323,3 (g) The court for cause may permit a party to present further evidence in chief. If the court permits the state to present further evidence in chief, the defense may also present further evidence in chief.

AB90,323,11 (h) After the state and the defense have rested, the defense may move to dismiss. The court shall grant the motion to dismiss if it appears that, viewing all of the evidence, including evidence presented by the defense, in the light most favorable to the state and drawing all reasonable inferences therefrom, a reasonable jury could not find the defendant guilty beyond a reasonable doubt of the charged crime or an included crime under s. 939.66. If the jury could find the defendant guilty beyond a reasonable doubt of an included crime but not the charged crime, the court shall order the complaint amended accordingly.

AB90,323,12 (i) The state may make a closing argument.

AB90,323,13 (j) The defense may make a closing argument.

AB90,323,14 (k) The state may make a rebuttal argument.

AB90,323,17 (2) If there are 2 or more defendants and they do not agree on the order in which the defendants will proceed under sub. (1), the court shall determine the order in which the defendants will proceed.

AB90,1042 Section 1042. 972.18 (title) of the statutes is created to read:

AB90,323,19 972.18 (title) Admissibility of a defendant's statement.

AB90,1043 Section 1043. 972.19 of the statutes is created to read:

AB90,323,23 972.19 Stipulations. (1) In this section, "stipulation" means an agreement between the parties that a specified fact is or shall be taken as established without need for proof.

AB90,323,25 (2) A stipulation shall be set forth on the record at the time the court accepts it.

AB90,324,2 (3) In a trial before a jury, the court shall instruct the jury that it is to take stipulated facts as conclusively proved.

AB90,324,4 (4) If stipulated facts establish an element of the crime, the court shall proceed as provided in s. 972.005 (2).

AB90,1044 Section 1044. 972.20 (title) of the statutes is created to read:

AB90,324,6 972.20 (title) Child testimony by closed-circuit audiovisual means.

AB90,1045 Section 1045. 972.22 (title) of the statutes is created to read:

AB90,324,8 972.22 (title) Final jury instructions.

AB90,1046 Section 1046. 972.23 (title) of the statutes is created to read:

AB90,324,10 972.23 (title) Dismissal of alternate jurors.

AB90,1047 Section 1047. 972.23 (2) and (3) of the statutes are created to read:

AB90,324,17 972.23 (2) The court may retain alternate jurors after the jury retires to deliberate. The court shall ensure that a retained alternate does not discuss the case with anyone until that alternate replaces a juror or is discharged. If a juror who is participating in deliberations becomes unavailable due to severe illness or extraordinary circumstances, the judge may, after a hearing, replace that juror with a retained alternate juror.

AB90,324,19 (3) If an alternate replaces a juror after deliberations have begun, the court shall instruct the jury to begin its deliberations anew.

AB90,1048 Section 1048. 972.24 of the statutes is created to read:

AB90,324,22 972.24 Return of verdict. A verdict must be unanimous and returned in open court.

AB90,1049 Section 1049. 972.25 of the statutes is created to read:

AB90,325,3 972.25 Polling the jury. The court shall poll the jury when a verdict proper in form is returned. The court or the clerk shall conduct the poll by asking each juror individually whether the verdict as returned was and is the juror's verdict.

AB90,1050 Section 1050. 972.26 of the statutes is created to read:

AB90,325,7 972.26 Accepting the verdict. (1) The court shall accept the verdict if it is proper in form and confirmed by the jury poll. When the verdict is accepted, the jury shall be discharged.

AB90,325,10 (2) After the verdict is accepted, the complaint shall be deemed amended as to technical variances to conform to the proof if no objection to the relevance of the evidence was timely raised.

AB90,1051 Section 1051. 972.28 (title) of the statutes is created to read:

AB90,325,12 972.28 (title) Granting judgment.

AB90,1052 Section 1052. 973.013 (4) of the statutes is amended to read:

AB90,325,16 973.013 (4) If information under s. 972.15 973.004 (2m) has been provided in a presentence investigation report, the court shall consider that information when sentencing the defendant.

AB90,1053 Section 1053. 973.015 (2m) (c) (intro.) of the statutes is amended to read:

AB90,325,22 973.015 (2m) (c) (intro.) The person submitted a motion that complies with s. 971.30 971.65, that contains a statement of facts and, if applicable, the reason the person did not previously raise an affirmative defense under s. 939.46 or allege that the violation was committed as a result of being a victim of trafficking for the purposes of a commercial sex act, and that may include any of the following:

AB90,1054 Section 1054. 973.017 (6m) (a) 2. of the statutes is amended to read:

AB90,325,25 973.017 (6m) (a) 2. "Domestic abuse" has the meaning given in s. 968.075 969.27 (1) (a).

AB90,1055 Section 1055. 973.03 (3) (b) of the statutes is amended to read:

AB90,326,9 973.03 (3) (b) The court may require that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction read-in crimes. An order may only apply if agreed to by the defendant and the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

AB90,1056 Section 1056. 973.03 (3) (e) 2. of the statutes is amended to read:

AB90,326,12 973.03 (3) (e) 2. A crime which is a Class D, E, F, or G felony listed in s. 969.08 (10) 969.51 (7) (b), but not including any crime specified in s. 943.10.

AB90,1057 Section 1057. 973.03 (4) (d) of the statutes is amended to read:

AB90,326,15 973.03 (4) (d) A sentence under this subsection is not a sentence of imprisonment, except for purposes of ss. 973.04, 973.15 (8) (a) and 973.19 974.03.

AB90,1058 Section 1058. 973.03 (5) (a) 1. of the statutes is amended to read:

AB90,326,18 973.03 (5) (a) 1. "Commission of a serious crime" has the meaning given under s. 969.08 (10) 969.51 (7) (a).

AB90,1059 Section 1059. 973.03 (5) (a) 2. of the statutes is amended to read:

AB90,326,21 973.03 (5) (a) 2. "Serious crime" has the meaning given under s. 969.08 (10) 969.51 (7) (b).

AB90,1060 Section 1060. 973.042 (4) of the statutes is amended to read:

AB90,327,2 973.042 (4) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

AB90,1061 Section 1061. 973.043 (2) of the statutes is amended to read:

AB90,327,7 973.043 (2) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

AB90,1062 Section 1062. 973.045 (2) of the statutes is amended to read:

AB90,327,14 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) the amount paid to the secretary by the county treasurer under this subsection and any amount collected under sub. (4).

AB90,1063 Section 1063. 973.046 (2) of the statutes is amended to read:

AB90,327,19 973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

AB90,1064 Section 1064. 973.048 (5) of the statutes is amended to read:

AB90,328,2 973.048 (5) If the court orders a person to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the conviction on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the conviction has been reversed, set aside or vacated.

AB90,1065 Section 1065. 973.049 (1) (intro.) and (a) of the statutes are consolidated, renumbered 973.049 (1) and amended to read:

AB90,328,7 973.049 (1) In this section: (a) "Co-actor", "co-actor" means any individual who was a party to a crime considered at sentencing, whether or not the individual was charged with or convicted of the crime considered at sentencing.

AB90,1066 Section 1066. 973.049 (1) (b) of the statutes is repealed.

AB90,1067 Section 1067. 973.05 (3) (b) of the statutes is amended to read:

AB90,328,17 973.05 (3) (b) The court may require that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction read-in crimes. An order may only apply if agreed to by the defendant and the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

AB90,1068 Section 1068. 973.05 (4) (b) of the statutes is amended to read:

AB90,328,23 973.05 (4) (b) Issue an order assigning not more than 25% of the defendant's commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102, and other money due or to be due in the future to the clerk of circuit court for payment of the unpaid fine, surcharge, costs, or fees. In this paragraph, "employer" includes the state and its political subdivisions.

AB90,1069 Section 1069. 973.05 (4) (c) of the statutes is amended to read:

AB90,329,3 973.05 (4) (c) Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a), for payment of the unpaid fine, surcharge, costs, or fees.

AB90,1070 Section 1070. 973.05 (5) (a) 1. of the statutes is amended to read:

AB90,329,17 973.05 (5) (a) 1. Upon entry of the assignment under sub. (4) (b), unless the court finds that income withholding is likely to cause the defendant irreparable harm, the court shall provide notice of the assignment by regular mail to the last-known address of the person from whom the defendant receives or will receive money. If the clerk of circuit court does not receive the money from the person notified, the court shall provide notice of the assignment to any other person from whom the defendant receives or will receive money. Notice of an assignment under sub. (4) (b) shall inform the intended recipient that, if a prior assignment under sub. (4) (b) has been received relating to the same defendant, the recipient is required to notify the clerk of circuit court that sent the subsequent notice of assignment that another assignment has already been received. A notice of assignment shall include a form permitting the recipient to designate on the form that another assignment has already been received.

AB90,1071 Section 1071. 973.05 (5) (a) 2. of the statutes is amended to read:

AB90,330,2 973.05 (5) (a) 2. If, after receiving the annual list under s. 565.30 (5r) (a), the clerk of circuit court determines that a person identified in the list may be subject to an assignment under sub. (4) (c), the clerk shall inform the court of that determination. If the court issues an order under sub. (4) (c), the clerk of circuit court shall send the notice of that order to the administrator of the lottery division of the department of revenue, including a statement of the amount owed under the judgment and the name and address of the person owing the judgment. The court shall notify the administrator of the lottery division of the department of revenue when the judgment that is the basis of the assignment has been paid in full.

AB90,1072 Section 1072. 973.05 (5) (c) of the statutes is amended to read:

AB90,330,15 973.05 (5) (c) A person who receives notice of the assignment under sub. (4) (b) shall withhold the amount specified in the notice from any money that person pays to the defendant later than one week after receipt of the notice of assignment. Within 5 days after the day on which the person pays money to the defendant, the person shall send the amount withheld to the clerk of circuit the court of the jurisdiction providing notice. If the person has already received a notice of an assignment under sub. (4) (b), the person shall retain the later assignment and withhold the amount specified in that assignment after the last of any prior assignments is paid in full. Within 10 days of receipt of the later notice, the person shall notify the clerk of circuit the court that sent the notice that the person has received a prior notice of an assignment under sub. (4) (b). Section 241.09 does not apply to assignments under this section.

AB90,1073 Section 1073. 973.05 (5) (d) of the statutes is amended to read:

AB90,330,23 973.05 (5) (d) If after receipt of notice of assignment under par. (a) 1. the person from whom the defendant receives money fails to withhold the money or send the money to the clerk of circuit court as provided in this subsection, the person may be proceeded against under the principal action under ch. 785 for contempt of court or may be proceeded against under ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.

AB90,1074 Section 1074. 973.05 (5) (e) of the statutes is amended to read:

AB90,331,5 973.05 (5) (e) If an employer who receives notice of an assignment under sub. (4) (b) fails to notify the clerk of circuit court within 10 days after an employee is terminated or otherwise temporarily or permanently leaves the employer's employment, the employer may be proceeded against under the principal action under ch. 785 for contempt of court.

AB90,1075 Section 1075. 973.055 (2) (a) of the statutes is amended to read:

AB90,331,11 973.055 (2) (a) If the surcharge is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB90,1076 Section 1076. 973.06 (1) (av) 2. a. and b. of the statutes are amended to read:

AB90,331,19 973.06 (1) (av) 2. a. The defendant was charged under s. 946.41 solely because he or she recanted a report of abusive conduct, including interspousal battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 49.165 (1) (a), 813.12 (1) (am), or 968.075 969.27 (1) (a), harassment, as defined in s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

AB90,332,2 b. The defendant was a victim of abusive conduct, including interspousal battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 49.165 (1) (a), 813.12 (1) (am), or 968.075 969.27 (1) (a), harassment, as defined in s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11, and he or she was charged under s. 946.41 based on information he or she omitted or false information he or she provided during the course of an investigation into the crime committed against him or her.

AB90,1077 Section 1077. 973.06 (1) (h) of the statutes is amended to read:

AB90,332,5 973.06 (1) (h) The cost of performance of a test under s. 968.38 968.725, if ordered by the court.

AB90,1078 Section 1078. 973.076 (1) (b) 1. of the statutes is amended to read:

AB90,332,18 973.076 (1) (b) 1. The district attorney of the county within which the property was seized or in which the defendant is convicted shall commence the forfeiture action within 30 days after the seizure of the property or the date of conviction, whichever is earlier, except that the defendant may request that the forfeiture proceedings be adjourned until after adjudication of any charge concerning a crime which was the basis for the seizure of the property. The request shall be granted. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the person who seized the property with the clerk of circuit court, provided service of authenticated copies of those papers is made in accordance with ch. 801 within 90 days after filing upon the person from whom the property was seized and upon any person known to have a bona fide perfected security interest in the property.