AB90: Bill Text

AB90,285,24 (a) "Defense" means the defendant, his or her attorney, and any individual retained by the defendant or his or her attorney for the purpose of providing testimony if the testimony is expert testimony that relates to an item or material included under par. (b) sub. (2).

AB90,286,9 (3) (a) Notwithstanding sub. (1) (e) and (g) s. 971.43 (2) (j), a court shall deny any request by the defense to provide, and a district attorney or law enforcement agency may not provide to the defense, any item or material required in par. (b) sub. (2) to remain in the possession, custody, and control of a law enforcement agency or court, except that a court may order that a copy of an item or material included under par. (b) sub. (2) be provided to the defense if that court finds that a copy of the item or material has not been made reasonably available to the defense. The defense shall have the burden to establish that the item or material has not been made reasonably available.

AB90,286,15 (b) If a court orders under subd. 1. par. (a) a copy of an item or material included under par. (b) sub. (2) to be provided to the defense, the court shall enter a protective order under sub. (6) s. 971.52 (1) that includes an order that the copy provided to the defense may not be copied, printed, or disseminated by the defense and shall be returned to the court or law enforcement agency, whichever is appropriate, at the completion of the trial.

AB90,286,18 (4) Any item or material that is required under par. (b) sub. (2) to remain in possession, custody, and control of a law enforcement agency or court is not subject to the right of inspection or copying under s. 19.35 (1).

AB90,911 Section 911. 971.26 of the statutes is renumbered 970.11.

AB90,912 Section 912. 971.27 of the statutes is renumbered 970.12 and amended to read:

AB90,287,2 970.12 Lost or destroyed information, or complaint or indictment. In the case of the loss or destruction of an information or complaint If a complaint or information is lost or destroyed, the district attorney may file a copy, and the prosecution shall proceed without delay from that cause. In the case of the loss or destruction of an indictment, an information may be filed which shall have the same effect as the original.

AB90,913 Section 913. 971.29 (title) of the statutes is renumbered 970.09 (title) and amended to read:

AB90,287,5 970.09 (title) Amending the charge complaint or information.

AB90,914 Section 914. 971.29 (1) of the statutes is renumbered 970.09 (1) and amended to read:

AB90,287,10 970.09 (1) A complaint or information may be amended at any time prior to At any time before arraignment, the district attorney may amend the complaint or information without leave of the court.

AB90,915 Section 915. 971.29 (2) of the statutes is renumbered 970.09 (3) and amended to read:

AB90,287,15 970.09 (3) At the trial, the The court may allow amendment of the district attorney to amend the complaint, indictment or information at trial to conform to the proof where such amendment is not prejudicial to the defendant.

AB90,287,18 (4) After verdict the pleading 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 upon the trial.

AB90,916 Section 916. 971.29 (3) of the statutes is repealed.

AB90,917 Section 917. 971.30 (title) and (1) of the statutes are repealed.

AB90,918 Section 918. 971.30 (2) (intro.), (a), (b) and (c) of the statutes are consolidated, renumbered 971.65 (1) and amended to read:

AB90,288,5 971.65 (1) Generally. Any motion that is capable of determination before trial may be made before trial. Unless otherwise provided or ordered by the court, all motions the motion shall meet the following criteria: (a) Be be in writing. (b) Contain and contain a caption setting forth the name of the court, the venue, the title of the action, the file number, and a denomination of the party seeking the order or relief and a brief description of the type of order or relief sought. (c) State. The motion shall state with particularity the grounds for the motion and the order or relief sought.

AB90,919 Section 919. 971.31 (title) of the statutes is repealed.

AB90,920 Section 920. 971.31 (1) of the statutes is repealed.

AB90,921 Section 921. 971.31 (2) of the statutes is renumbered 971.65 (3) and amended to read:

AB90,288,18 971.65 (3) Particular issues to be raised. Except as provided in sub. (5) (2) (b), defenses and objections based on defects in the institution of the proceedings, insufficiency of the complaint, information, or indictment, invalidity in whole or in part of the statute on which the prosecution is founded based, or the use of illegal means to secure evidence shall be raised before trial by a motion or be deemed waived. The court may, however, entertain such a motion at the trial, in which case the defendant waives any jeopardy that may have attached. The motion to suppress evidence shall be so entertained with waiver of jeopardy when it appears that the defendant is surprised by the state's possession of such evidence.

AB90,922 Section 922. 971.31 (3) of the statutes is renumbered 972.18 (2) and amended to read:

AB90,288,24 972.18 (2) The admissibility of any statement of the defendant shall be determined at the trial by the court in an evidentiary hearing out of the presence of the jury, unless the defendant, by motion, challenges the court ruled on admissibility of such the statement before trial.

AB90,923 Section 923. 971.31 (4) of the statutes is renumbered 971.65 (4) and amended to read:

AB90,289,7 971.65 (4) Deciding motions before and at trial. Except as provided in sub. (3), a motion shall be determined before trial of the general issue Before trial, the court shall determine each motion made under this section unless the court orders that it be deferred for determination at the trial. All issues of fact arising out of such the motion shall be tried determined by the court without a jury.

AB90,924 Section 924. 971.31 (5) (a) of the statutes is repealed.

AB90,925 Section 925 . 971.31 (5) (b) and (c) of the statutes are consolidated, renumbered 971.65 (2) (b) and amended to read:

AB90,289,16 971.65 (2) (b) In felony actions, motions to suppress evidence or motions under s. 971.23 971.43 or objections to the admissibility of statements of a defendant shall may not be made at a preliminary examination and not until an information has been filed. (c) In felony actions, objections Objections based on the insufficiency of the complaint shall be made prior to the preliminary examination or waiver thereof of the preliminary examination or be deemed waived.

AB90,926 Section 926. 971.31 (6) of the statutes is renumbered 971.65 (5) and amended to read:

AB90,290,2 971.65 (5) Custody after dismissal. If the court grants a motion to dismiss based upon a defect in the indictment, information commencement of the prosecution or   in the complaint, or in the institution of the proceedings or information, it may, upon a showing that probable cause exists to believe that the defendant has committed a crime, order that the defendant be held in custody or that the defendant's bail be continued for not more than 72 48 hours pending issuance of a new summons or warrant or that the conditions of release be continued for a specified time pending the filing of a new indictment, information or complaint.

AB90,927 Section 927. 971.31 (7) of the statutes is repealed.

AB90,928 Section 928. 971.31 (8) of the statutes is repealed.

AB90,929 Section 929. 971.31 (9) of the statutes is renumbered 967.15 and amended to read:

AB90,290,8 967.15 Service upon defendant. A pleading or motion required to be served on a defendant may be served upon the defendant's attorney of record.

AB90,930 Section 930. 971.31 (10) of the statutes is renumbered 971.085 (1) (a) and amended to read:

AB90,290,15 971.085 (1) (a) An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a defendant may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon a plea of guilty or no contest to the information or criminal complaint.

AB90,931 Section 931. 971.31 (11) of the statutes is renumbered 971.65 (6) and amended to read:

AB90,290,24 971.65 (6) Prior sexual conduct evidence. In actions under s. 940.225, 948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s. 940.302 (2), if the court finds that the crime was sexually motivated, as defined in s. 980.01 (5), evidence which that is admissible under s. 972.11 (2) 904.045 must be determined by the court upon pretrial motion to be material to a fact at issue in the case and of sufficient probative value to outweigh its inflammatory and prejudicial nature before it may be introduced at trial.

AB90,932 Section 932. 971.31 (12) of the statutes is renumbered 971.65 (7) and amended to read:

AB90,291,5 971.65 (7) Evidence of personal or medical history. In actions under s. 940.22, the court may determine the admissibility of evidence under s. 972.11 940.22 (6) only upon a pretrial motion.

AB90,933 Section 933. 971.31 (13) of the statutes is renumbered 971.77, and 971.77 (2), as renumbered, is amended to read:

AB90,291,12 971.77 (2) The court shall retain jurisdiction unless the juvenile proves by a preponderance of the evidence that he or she did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer would be appropriate because all of the factors specified in par. (a) 1., 2. and 3. sub. (1) (a), (b), and (c) are met.

AB90,934 Section 934. 971.315 of the statutes is renumbered 970.10 (2) and amended to read:

AB90,291,17 970.10 (2) Inquiry upon dismissal. Before a court dismisses a criminal charge against a person under sub. (1), the court shall inquire of the district attorney whether he or she has complied with s. 971.095 (2).

AB90,935 Section 935. 971.32 of the statutes is renumbered 970.21.

AB90,936 Section 936. 971.34 of the statutes is renumbered 970.22.

AB90,937 Section 937. 971.36 of the statutes is renumbered 970.23.

AB90,938 Section 938. 971.365 of the statutes is renumbered 970.24.

AB90,939 Section 939. 971.38 (1) of the statutes is amended to read:

AB90,292,5 971.38 (1) Except as provided in s. 967.055 970.25 (3), the district attorney may require as a condition of any deferred prosecution program for any crime 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 alleged offense. An order may only apply if agreed to by the defendant and the organization or agency. The district attorney 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.

AB90,940 Section 940. 971.39 (1) (intro.) of the statutes is amended to read:

AB90,292,10 971.39 (1) (intro.) Except as provided in s. 967.055 970.25 (3), in counties having a population of less than 100,000, if a defendant is charged with a crime, the district attorney, the department and a defendant may all enter into a deferred prosecution agreement which includes, but is not limited to, the following conditions:

AB90,941 Section 941. Subchapter IV (title) of chapter 971 [precedes 971.42] of the statutes is created to read:

AB90,292,13 chapter 971

AB90,292,14 Subchapter IV

AB90,292,15 discovery

AB90,942 Section 942. 971.42 of the statutes is created to read:

AB90,292,18 971.42 Purposes. Discovery under this subchapter and s. 971.035 is intended, consistent with the constitutional rights of the defendant, to do all of the following:

AB90,292,20 (1) Promote fair and expeditious disposition of criminal charges, whether by deferred or suspended prosecution, plea, or trial.

AB90,292,22 (2) Provide the defendant with sufficient information to make an informed plea.

AB90,292,23 (3) Permit thorough preparation for and minimize surprise at trial.

AB90,293,3 (4) Reduce interruptions and complications during trial and avoid unnecessary and repetitious trials by identifying and resolving any procedural, collateral, or constitutional issues before trial.

AB90,293,4 (5) Minimize inequities among similarly situated defendants.

AB90,293,7 (6) Effect economies in time, money, judicial resources, and professional skills by minimizing paperwork, avoiding repetitious assertion of issues, and reducing the number of separate hearings.

AB90,293,8 (7) Minimize the burden upon victims and witnesses.

AB90,943 Section 943. 971.43 (title) and (1) of the statutes are created to read:

AB90,293,13 971.43 (title) Disclosure by district attorney. (1) Time of disclosure. Except as provided in subs. (5) and (8), the district attorney shall make all disclosures under this section within a reasonable time before trial or at a time set in the scheduling order.

AB90,944 Section 944. 971.43 (2) (b) of the statutes is created to read:

AB90,293,18 971.43 (2) (b) Any written or recorded statement concerning the alleged crime made by a codefendant, including the testimony of the codefendant at an inquest, in a John Doe proceeding under s. 968.105, or before a grand jury, and the names of witnesses to the codefendant's written or recorded statements.

AB90,945 Section 945. 971.43 (2) (br) of the statutes is created to read:

AB90,293,22 971.43 (2) (br) Any record or testimony taken from a John Doe proceeding under s. 968.105 that the district attorney intends to use at trial and the names of witnesses to the defendant's written statements.

AB90,946 Section 946. 971.43 (2) (e) of the statutes is created to read:

AB90,294,3 971.43 (2) (e) Any written or recorded statement of a person whom the district attorney intends to call as a trial witness that concerns the subject matter of the witness's intended testimony, that has been electronically recorded or reduced to writing and signed or otherwise approved or adopted by the witness, and that is within the possession or control of the state.

AB90,947 Section 947. 971.43 (2) (f) of the statutes is created to read:

AB90,294,6 971.43 (2) (f) Any audiovisual recording of an oral statement of a child under s. 908.08.

AB90,948 Section 948. 971.43 (2) (h) of the statutes is created to read:

AB90,294,9 971.43 (2) (h) After the defendant has obtained or waived legal representation, copies of all law enforcement investigative reports relating to the case.

AB90,949 Section 949. 971.43 (3) of the statutes is created to read:

AB90,294,14 971.43 (3) Character, reputation, or other acts evidence. If the district attorney intends to use evidence of character or reputation or evidence of other crimes or acts under s. 904.04 (2), he or she shall notify the defense of that intention and of the substance of the evidence to be used.

AB90,950 Section 950. 971.43 (4) of the statutes is created to read:

AB90,294,19 971.43 (4) Electronic surveillance. If the defendant's conversations or premises have been subjected to electronic surveillance, including wiretapping, in connection with the investigation or prosecution of the case, the district attorney shall inform the defense of that fact.

AB90,951 Section 951. 971.43 (6) of the statutes is created to read:

AB90,294,24 971.43 (6) Material possessed by investigative personnel. The district attorney shall make reasonable efforts to ensure that investigative personnel provide material and information relevant to the crime charged to the district attorney's office.

AB90,952 Section 952. 971.43 (7) of the statutes is created to read:

AB90,295,5 971.43 (7) Material possessed by other agencies. If the district attorney knows that material and information that would be discoverable if in his or her possession is in the possession or control of a government agency not reporting directly to the district attorney, the district attorney shall disclose the fact of the existence of such material or information to the defense.

AB90,953 Section 953. 971.43 (8) of the statutes is created to read:

AB90,295,9 971.43 (8) Notice of intent to use codefendant's statement. If the district attorney intends to use the statement of a codefendant to implicate the defendant in the crime charged, he or she shall inform the defendant before trial.

AB90,954 Section 954. 971.44 (title) and (1) of the statutes are created to read: