AB90,181
21Section
181. 756.06 (2) (c) of the statutes is amended to read:
AB90,73,2322
756.06
(2) (c) A jury in a case involving an offense for which a forfeiture may
23be imposed or in an inquest under s.
979.05 968.025 shall consist of 6 persons.
AB90,182
24Section
182. 757.54 (2) (a) 1. of the statutes is amended to read:
AB90,73,2525
757.54
(2) (a) 1. "Custody" has the meaning given in s.
968.205 968.645 (1) (a).
AB90,183
1Section
183. 757.54 (2) (a) 2. of the statutes is amended to read:
AB90,74,32
757.54
(2) (a) 2. "Discharge date" has the meaning given in s.
968.205 968.645 3(1) (b).
AB90,184
4Section
184. 757.69 (1) (b) of the statutes is amended to read:
AB90,74,145
757.69
(1) (b) In criminal matters issue summonses, arrest warrants
, or search
6warrants, determine probable cause to support a warrantless arrest,
conduct 7perform the duties of the court at an initial
appearances of persons arrested 8appearance under s. 971.027, set bail,
inform the defendant in accordance with s.
9970.02 (1), refer the person to the authority for indigency determinations specified
10under s. 977.07 (1), conduct the preliminary examination and arraignment, and,
11with the consent of both the state and the defendant, accept a guilty plea. If a court
12refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court
13commissioner shall conduct the hearing on the matter in accordance with s. 973.20
14(13) (c) 4.
AB90,185
15Section
185. 757.69 (1) (i) of the statutes is amended to read:
AB90,74,1616
757.69
(1) (i) Conduct inquests under
subch. I of ch.
979 968.
AB90,186
17Section
186. 758.171 of the statutes is amended to read:
AB90,74,22
18758.171 Judicial conference: uniform citation. The judicial conference
19shall adopt a uniform citation form for use as authorized under s.
968.085 969.24.
20A duly authenticated copy of this form shall be furnished to the secretary of state and
21kept on file in his or her office. The secretary of state shall transmit a copy of this
22form to the clerks of circuit court.
AB90,187
23Section
187. 758.19 (5) (a) 5. of the statutes is repealed.
AB90,188
24Section
188. 767.87 (4) (b) of the statutes is amended to read:
AB90,75,2
1767.87
(4) (b) The immunity provided under par. (a) is subject to the restrictions
2under s.
972.085 967.18.
AB90,189
3Section
189. 781.04 (1) of the statutes is amended to read:
AB90,75,64
781.04
(1) In an action or proceeding seeking the remedy available by habeas
5corpus, the court may admit the prisoner to bail in accordance with
s. 974.09 or ch.
6969.
AB90,190
7Section
190. 785.03 (1) (b) of the statutes is amended to read:
AB90,75,178
785.03
(1) (b)
Punitive sanction. The district attorney of a county, the attorney
9general or a special prosecutor appointed by the court may seek the imposition of a
10punitive sanction by issuing a complaint charging a person with contempt of court
11and reciting the sanction sought to be imposed. The district attorney, attorney
12general or special prosecutor may issue the complaint on his or her own initiative or
13on the request of a party to an action or proceeding in a court or of the judge presiding
14in an action or proceeding. The complaint shall be processed under chs. 967 to 973
15and 975. If the contempt alleged involves disrespect to or criticism of a judge, that
16judge is disqualified from presiding at the trial of the contempt unless the person
17charged consents to the judge presiding at the trial.
AB90,191
18Section
191. 800.035 (8) of the statutes is amended to read:
AB90,76,419
800.035
(8) If the defendant does not appear, but has made a deposit in the
20amount set for the violation, he or she is deemed to have tendered a plea of no contest
21and submits to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814,
22not exceeding the amount of the deposit. The court may impose any other penalties
23allowed by law. The court may either accept the plea of no contest and enter
24judgment accordingly, or reject the plea and issue a summons. If the court finds that
25the violation meets the conditions in s. 800.093 (1), the court may summon the
1alleged violator into court to determine if restitution shall be ordered under s.
2800.093. If the defendant fails to appear in response to the summons, the court may
3issue a warrant under s.
968.09 969.50. If the defendant has made a deposit but does
4appear, the court shall allow the defendant to withdraw the plea of no contest.
AB90,192
5Section
192. 801.02 (7) (a) 2. c. of the statutes is amended to read:
AB90,76,96
801.02
(7) (a) 2. c. A person bringing an action seeking relief from a judgment
7of conviction or a sentence of a court, including an action for an extraordinary writ
8or a supervisory writ seeking relief from a judgment of conviction or a sentence of a
9court or an action under s. 809.30, 809.40,
973.19
974.03, 974.06 or 974.07.
AB90,193
10Section
193. 801.02 (7) (a) 2. e. of the statutes is amended to read:
AB90,76,1311
801.02
(7) (a) 2. e. A person who is not serving a sentence for the conviction of
12a crime but who is detained, admitted or committed under ch. 51 or 55 or s.
971.14
13(2) or (5) 975.32 or 975.34.
AB90,194
14Section
194. 801.50 (5t) of the statutes is renumbered 801.50 (5t) (a) and
15amended to read:
AB90,76,2516
801.50
(5t) (a) Except as otherwise provided in ss. 801.52 and
971.223 971.72 17(1) and (2), venue in a civil action to impose a forfeiture upon a resident of this state
18for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a
19violation of any other law arising from or in relation to the official functions of the
20subject of the investigation or any matter that involves elections, ethics, or lobbying
21regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, shall be in
22circuit court for the county where the defendant resides. For purposes of this
23subsection paragraph, a person other than a natural person resides within a county
24if the person's principal place of operation is located within that county.
This
25subsection
AB90,77,3
1(b) Paragraph (a) does not affect which prosecutor has responsibility under s.
2978.05 (2) to prosecute civil actions
arising from violations under s. 971.223 (1) 3described under par. (a).
AB90,195
4Section
195. 801.52 of the statutes is amended to read:
AB90,77,15
5801.52 Discretionary change of venue. The court may at any time, upon
6its own motion, the motion of a party or the stipulation of the parties, change the
7venue to any county in the interest of justice or for the convenience of the parties or
8witnesses, except that venue in a civil action to impose a forfeiture for a violation of
9chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other
10law arising from or in relation to the official functions of the subject of the
11investigation or any matter that involves elections, ethics, or lobbying regulation
12under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only
13as provided in s.
971.223 971.72 (1) and (2) or in the same manner that is authorized
14for a change in the venue of a criminal trial under s.
971.22 971.70. This section does
15not apply to proceedings under ch. 980.
AB90,196
16Section
196. 807.05 of the statutes is amended to read:
AB90,77,22
17807.05 Stipulations. No agreement, stipulation, or consent between the
18parties or their attorneys, in respect to the proceedings in an action or special
19proceeding shall be binding unless made in court or during a proceeding conducted
20under s. 807.13 or
967.08 967.14 and entered in the minutes or recorded by the
21reporter, or made in writing and subscribed by the party to be bound thereby or the
22party's attorney.
AB90,197
23Section
197. 808.04 (3) of the statutes is amended to read:
AB90,78,224
808.04
(3) Except as provided in subs. (4) and (7), an appeal in a proceeding
25under
s. 971.17 subch. III of ch. 975, a criminal case, or a case under ch. 48, 51, 55,
1938, or 980 shall be initiated within the time period specified in s. 809.30 (2) or 809.32
2(2), whichever is applicable.
AB90,198
3Section
198. 808.04 (4) of the statutes is amended to read:
AB90,78,74
808.04
(4) Except as provided in sub. (7m), an appeal by the state in a
5proceeding under
s. 971.17 subch. III of ch. 975, a criminal case under s. 974.05, or
6a case under ch. 48, 938, or 980 shall be initiated within 45 days of entry of the
7judgment or order appealed from.
AB90,199
8Section
199. 808.075 (4) (b) 4. of the statutes is amended to read:
AB90,78,119
808.075
(4) (b) 4. Commitment, conditional release, recommitment
, and
10discharge under s.
971.17 subch. III of ch. 975 of a person found not guilty by reason
11of mental disease or defect.
AB90,200
12Section
200. 808.075 (4) (g) 1. of the statutes is amended to read:
AB90,78,1413
808.075
(4) (g) 1. Release on
bond
conditions under s. 809.31 or
969.01 (2) 14974.09 or ch. 969.
AB90,201
15Section
201. 808.075 (4) (g) 2. of the statutes is amended to read:
AB90,78,1716
808.075
(4) (g) 2. Modification or revocation of
bond under s. 969.01 (2) (e) or
17969.08 conditions of release under s. 974.09 (2) or ch. 969.
AB90,202
18Section
202. 808.075 (4) (g) 7. of the statutes is amended to read:
AB90,78,2119
808.075
(4) (g) 7. Commitment, conditional release, recommitment
, and
20discharge under
s. 971.17 subch. III of ch. 975 of a person found not guilty by reason
21of mental disease or defect.
AB90,203
22Section
203. Subchapter III (title) of chapter 809 [precedes 809.30] of the
23statutes is amended to read:
AB90,78,2525
Subchapter III
AB90,79,5
1APPEAL PROCEDURE IN COURT OF
2
APPEALS IN
S. 971.17 PROCEEDINGS
3
under subch. III of ch. 975 AND
4
IN CRIMINAL AND CH. 48, 51, 55, 938,
5
AND 980 CASES
AB90,204
6Section
204. 809.30 (title) of the statutes is amended to read:
AB90,79,8
7809.30 (title)
Rule (Appeals in s. 971.17 proceedings under subch. III of
8ch. 975 and in criminal, ch. 48, 51, 55, 938, and 980 cases).
AB90,205
9Section
205. 809.30 (1) (a) of the statutes is amended to read:
AB90,79,1310
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).
AB90,206
14Section
206. 809.30 (1) (b) 4. of the statutes is amended to read:
AB90,79,1615
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.
AB90,207
17Section
207. 809.30 (1) (c) of the statutes is amended to read:
AB90,79,2218
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).
AB90,208
23Section
208. 809.30 (1) (e) of the statutes is amended to read:
AB90,80,224
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.
AB90,209
3Section
209. 809.30 (2) (a) of the statutes is amended to read:
AB90,80,134
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.
AB90,210
14Section
210. 809.30 (2) (d) of the statutes is amended to read:
AB90,80,2415
809.30
(2) (d)
Indigency redetermination. Except as provided in this
16paragraph, whenever a person whose trial counsel is appointed by the state public
17defender files a notice under par. (b) requesting public defender representation for
18purposes of postconviction or postdisposition relief, the prosecutor may, within 5
19days after the notice is served and filed, file in the circuit court and serve upon the
20state public defender a request that the person's indigency be redetermined before
21counsel is appointed or transcripts are requested. This paragraph does not apply to
22a child who is entitled to be represented by counsel under s. 48.23 or 938.23 or to a
23person who is entitled to be represented by counsel under s.
48.23, 51.60 (1)
, or 2455.105
, or 938.23.
AB90,211
25Section
211. 809.30 (2) (m) of the statutes is created to read:
AB90,81,3
1809.30
(2) (m)
Entry after filing notice. If the record discloses that the judgment
2or order appealed from was entered after the notice under this section was filed, the
3notice shall be treated as filed after that entry on the day of the entry.
AB90,212
4Section
212. 809.31 (6) of the statutes is amended to read:
AB90,81,75
809.31
(6) The court ordering release shall require the defendant to post a bond
6in accordance with s.
969.09 974.09 (2) and may impose other terms and conditions.
7The defendant shall file the bond in the trial court.
AB90,213
8Section
213. 814.22 (1) (intro.) of the statutes is amended to read:
AB90,81,159
814.22
(1) (intro.) In all proceedings, including criminal actions, if a change of
10venue is had
(, except in cases where the change
of venue is made because the action
11was not brought in the proper county
),, if the jury is selected for use in another county
12under s.
971.225 971.71, or
if an action
, occupying a day or more
, is tried outside the
13county wherein pending, the county in which the action was commenced shall pay
14to the county in which the action is tried or the jury is selected the following expenses
15arising out of the change of venue or jury selection:
AB90,214
16Section
214. 814.69 (1) (a) of the statutes is amended to read:
AB90,81,2017
814.69
(1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per
1825-line page for the original and 50 cents per 25-line page for the duplicate. Except
19as provided in s.
967.06 (3) 977.072, the fee shall be paid by the county treasurer upon
20the certificate of the clerk of court.
AB90,215
21Section
215. 885.01 (2) of the statutes is amended to read:
AB90,81,2522
885.01
(2) By
an attorney of record in a criminal action, or by the attorney
23general or any district attorney or person acting in his or her stead, to require the
24attendance of
witnesses, in behalf of the state,
a witness for a deposition, or for a
25hearing or trial in any court or before any magistrate
, and from any part of the state.
AB90,216
1Section
216. 885.15 (2) of the statutes is amended to read:
AB90,82,32
885.15
(2) The immunity provided under sub. (1) is subject to the restrictions
3under s.
972.085 967.18.
AB90,217
4Section
217. 885.24 (2) of the statutes is amended to read:
AB90,82,65
885.24
(2) The immunity provided under sub. (1) is subject to the restrictions
6under s.
972.085 967.18.
AB90,218
7Section
218. 885.25 (2m) of the statutes is amended to read:
AB90,82,98
885.25
(2m) The immunity provided under sub. (2) is subject to the restrictions
9under s.
972.085 967.18.
AB90,219
10Section
219. 885.365 (1) of the statutes is amended to read:
AB90,82,1411
885.365
(1) Evidence obtained as the result of the use of voice recording
12equipment for recording of telephone conversations, by way of interception of a
13communication or in any other manner, shall be totally inadmissible in the courts of
14this state in civil actions, except as provided in ss.
968.28 968.315 to
968.37 968.405.
AB90,220
15Section
220. 885.64 (2) of the statutes is amended to read:
AB90,82,2116
885.64
(2) All circuit court proceedings, with the exception of proceedings
17pursuant to s.
972.11 (2m) 972.20, that are conducted by videoconference, interactive
18video and audio transmission, audiovisual means, live audiovisual means,
19closed-circuit audiovisual, or other interactive electronic communication with a
20video component, shall be conducted in accordance with the provisions of this
21subchapter.
AB90,221
22Section
221. 891.39 (1) (b) of the statutes is amended to read:
AB90,83,523
891.39
(1) (b) In actions affecting the family, in which the question of paternity
24is raised, and in paternity proceedings, the court, upon being satisfied that the
25parties to the action are unable to adequately compensate any such guardian ad
1litem for the guardian ad litem's services and expenses, shall then make an order
2specifying the guardian ad litem's compensation and expenses, which compensation
3and expenses shall be paid as provided in s.
967.06
767.407 (6). If the court orders
4a county to pay the compensation of the guardian ad litem, the amount ordered may
5not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).
AB90,222
6Section
222. 891.39 (2) (b) of the statutes is amended to read:
AB90,83,87
891.39
(2) (b) The immunity provided under par. (a) is subject to the restrictions
8under s.
972.085 967.18.
AB90,223
9Section
223. 893.93 (1) (d) of the statutes is amended to read:
AB90,83,1010
893.93
(1) (d) An action under s.
968.31 968.345.
AB90,224
11Section
224. 895.01 (1) (am) 7. of the statutes is amended to read: