SB82: Bill Text

SB82,115,11 970.25 (2) (a) Notwithstanding s. 971.29 970.09, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in deterring the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

SB82,116,2 (b) Notwithstanding s. 971.29 970.09, if the prosecutor seeks to dismiss or amend a charge under s. 30.681 (1) or a local ordinance in conformity therewith, a charge under s. 30.681 (2), a charge under s. 30.684 (5) or a local ordinance in conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the use of a motorboat, except a sailboat operating under sail alone, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motorboats by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely.

SB82,360 Section 360. 967.057 of the statutes is renumbered 970.15 (6).

SB82,361 Section 361. 967.06 (title) of the statutes is repealed.

SB82,362 Section 362. 967.06 (1) and (2) (a) of the statutes are consolidated, renumbered 971.013 and amended to read:

SB82,116,20 971.013 Determination of indigency; appointment of counsel. As soon as practicable after a person has been detained or arrested in connection with any offense that is punishable by incarceration, or in connection with any civil commitment proceeding, or in any other situation in which a person is entitled to counsel regardless of ability to pay under the constitution or laws of the United States or this state, the person shall be informed of his or her right to counsel. (2) (a) Except as provided in par. (b), a A person entitled to counsel under sub. (1) who indicates at any time that he or she wants to be represented by a lawyer, and who claims that he or she is not able to pay in full for a lawyer's services, shall immediately be permitted to contact the authority for indigency determinations specified under s. 977.07 (1). The authority for indigency determination in each county shall have daily telephone access to the county jail in order to identify all persons who are being held in the jail. The jail personnel shall provide by phone information requested by the authority.

SB82,363 Section 363. 967.06 (2) (b) of the statutes is repealed.

SB82,364 Section 364. 967.06 (3) of the statutes is renumbered 977.072 and amended to read:

SB82,117,5 977.072 Transcript or court record; costs. In any case in which the state public defender provides representation to an indigent person, the public defender may request that the applicable court reporter or clerk of circuit court prepare and transmit any transcript or court record. The request shall be complied with. The state public defender shall, from the appropriation under s. 20.550 (1) (f), compensate the court reporter or clerk of circuit court for the cost of preparing, handling, duplicating, and mailing the documents.

SB82,365 Section 365. 967.07 of the statutes is repealed.

SB82,366 Section 366. 967.08 (title) of the statutes is renumbered 967.14 (title).

SB82,367 Section 367. 967.08 (1) of the statutes is renumbered 967.14 (1) (intro.) and amended to read:

SB82,117,14 967.14 (1) Proceedings covered. (intro.) Unless good cause to the contrary is shown, the court may permit any of the following proceedings referred to in this section may to be conducted by telephone or live audiovisual means, if available. If the proceeding is required to be reported under SCR 71.01 (2), the on the request of either party:

SB82,118,3 (5) Procedures. A proceeding conducted under this section shall be reported recorded by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, setting, review, modification of bail and other conditions of release under ch. 969, the if it is required to be reported under SCR 71.01 (2). The proceeding shall be conducted in a courtroom or other place reasonably accessible to the public, with the exception of scheduling conferences, pretrial conferences, and, when the court is not in session, the setting, review, or modification of the conditions of release. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge.

SB82,368 Section 368. 967.08 (2) (intro.) of the statutes is renumbered 967.14 (3) and amended to read:

SB82,118,11 967.14 (3) Requests and objections. The court may permit the following proceedings to be conducted under sub. (1) on the request of either party. The request and the opposing party's showing of good cause for not conducting the proceeding A party may make a request under sub. (1) may be made by telephone. The opposing party may show good cause by telephone for not conducting the proceeding under this section.

SB82,369 Section 369. 967.08 (2) (a) to (d) of the statutes are renumbered 967.14 (1) (a) to (d) and amended to read:

SB82,118,15 967.14 (1) (a) Initial appearance under s. 970.01 subch. I of ch. 971 or pretrial conference.

SB82,118,16 (b) Waiver of preliminary examination under s. 970.03, 971.042.

SB82,118,17 (e) Waiver of a competency hearing under s. 971.14 (4) or 975.34.

SB82,118,18 (f) Waiver of a jury trial under s. 972.02 972.005 (1).

SB82,118,19 (c) Motions for extension of time under ss. 970.03 (2), 971.10 or other statutes.

SB82,118,21 (d) Arraignment under s. 971.05 970.17, if the defendant intends to plead not guilty or to refuse to plead.

SB82,370 Section 370. 967.08 (3) (intro.) of the statutes is renumbered 967.14 (1) (g) (intro.) and amended to read:

SB82,119,2 967.14 (1) (g) (intro.) Non-evidentiary proceedings on the following matters may be conducted under sub. (1) on request of either party. The request and the opposing party's showing of good cause for not conducting the proceeding under sub. (1) may be made by telephone.:

SB82,371 Section 371. 967.08 (3) (a) to (f) of the statutes are renumbered 967.14 (1) (g) 1. to 6. and amended to read:

SB82,119,6 967.14 (1) (g) 1. Setting, review, and modification of bail and other conditions of release under s. 974.09 or ch. 969.

SB82,119,8 2. Motions for severance under s. 971.12 (3) 971.68 (2) or consolidation joint trial of charges under s. 971.12 (4) 971.67.

SB82,119,10 3. Motions for testing of physical evidence under s. 971.23 (5) discovery or for protective orders under s. 971.23 (6) subch. IV of ch. 971.

SB82,119,12 4. Motions under s. 971.31 directed to the sufficiency of the complaint or the affidavits supporting basis for the issuance of a warrant for arrest or search.

SB82,119,13 5. Motions in limine, including those under s. 972.11 (2) (b).

SB82,119,15 6. Motions to postpone, including those under s. 971.29 related to scheduling under subch. III of ch. 971.

SB82,372 Section 372. 967.09 of the statutes is renumbered 967.14 (6), and 967.14 (6) (title), as renumbered, is amended to read:

SB82,119,18 967.14 (6) (title) Interpreters may serve by telephone or video.

SB82,373 Section 373. 967.10 of the statutes is renumbered 967.23.

SB82,374 Section 374. 967.11 of the statutes is renumbered 970.16.

SB82,375 Section 375. 967.12 (3) of the statutes is created to read:

SB82,119,23 967.12 (3) If trial is waived, when the court accepts the defendant's plea of guilty or no contest.

SB82,376 Section 376. 967.13 (1) (a) and (b) of the statutes are created to read:

SB82,119,25 967.13 (1) (a) The initial appearance.

SB82,120,1 (b) Any proceeding at which a plea is entered or withdrawn.

SB82,377 Section 377. 967.13 (1) (i) of the statutes is created to read:

SB82,120,3 967.13 (1) (i) Sentencing.

SB82,378 Section 378. 967.14 (1) (dm) of the statutes is created to read:

SB82,120,5 967.14 (1) (dm) Entry of a plea other than one that results in a finding of guilt.

SB82,379 Section 379. 967.14 (2) of the statutes is created to read:

SB82,120,8 967.14 (2) Criteria for good cause. In determining good cause under sub. (1), the court may consider the criteria under s. 885.56 (1).

SB82,380 Section 380. 967.14 (4) of the statutes is created to read:

SB82,120,12 967.14 (4) Pleas of guilty or no contest and sentencing. If the district attorney, the defendant, and defense counsel consent, the court may permit any of the following proceedings to be conducted by telephone:

SB82,120,13 (a) A proceeding to accept a plea of guilty or no contest.

SB82,120,14 (b) A sentencing proceeding.

SB82,381 Section 381. 967.21 (2) (title) of the statutes is created to read:

SB82,120,16 967.21 (2) (title) Procedure.

SB82,382 Section 382. 967.21 (3) (title) of the statutes is created to read:

SB82,120,18 967.21 (3) (title) Applicability of civil rules.

SB82,383 Section 383. 967.21 (4) (title) of the statutes is created to read:

SB82,120,20 967.21 (4) (title) Attendance by defendant.

SB82,384 Section 384. 967.21 (5) (title) of the statutes is created to read:

SB82,120,22 967.21 (5) (title) Use at trial or hearing.

SB82,385 Section 385. 967.21 (6) (title) of the statutes is created to read:

SB82,120,24 967.21 (6) (title) Objections.

SB82,386 Section 386. 967.22 (title) of the statutes is created to read:

SB82,121,1 967.22 (title) Deposition of a child by audiovisual means.

SB82,387 Section 387. 968.01 (title) of the statutes is renumbered 970.07 (title) and amended to read:

SB82,121,4 970.07 (title) Complaint; contents and oath.

SB82,388 Section 388. 968.01 (1) (intro.), (a) and (b) of the statutes are renumbered 970.07 (1) (intro.), (a) and (b).

SB82,389 Section 389. 968.01 (1) (c) of the statutes is repealed.

SB82,390 Section 390. 968.01 (2) of the statutes is renumbered 970.07 (2) and amended to read:

SB82,121,15 970.07 (2) The complaint is a written statement of the shall specify the time and place each crime charged was committed, the section of the statutes alleged to have been violated, and the maximum penalty prescribed for each crime charged. The complaint shall include a statement of the essential facts constituting the offense crime charged. A person may make a complaint on, signed by the person on whose knowledge, information, and belief the statement is based.

SB82,121,17 (3) Except as provided in sub. (3) or (4) or (5), the complaint shall be made upon oath before a district attorney or judge as provided in this chapter.

SB82,391 Section 391. 968.01 (3) of the statutes is renumbered 970.07 (4) and amended to read:

SB82,122,2 970.07 (4) A person may comply with sub. (2) if he or she makes the oath by telephone contact with the district attorney or judge, signs the statement, and immediately thereafter transmits a copy facsimile of the signed statement to the district attorney or judge using a facsimile machine. The person shall also transmit the original signed statement, without using a facsimile machine, to the district attorney or judge, who shall file it with the clerk. If the complaint is filed, both the original and the copy facsimile shall be filed under s. 968.02 (2) 970.08.

SB82,392 Section 392. 968.01 (4) of the statutes is renumbered 970.07 (5).

SB82,393 Section 393. Subchapter I (title) of chapter 968 [precedes 968.015] of the statutes is created to read:

SB82,122,6 chapter 968

SB82,122,8 subchapter I Inquests

SB82,394 Section 394. 968.02 (title) and (1) of the statutes are renumbered 970.08 (title) and (1) and amended to read:

SB82,122,17 970.08 (title) Issuance and filing of complaints Filing the complaint. (1) Except as otherwise provided in this section, a complaint charging a person with an offense shall be issued only by a Only the district attorney of the county where the a crime is alleged to have been committed. A complaint is issued when it is approved for filing by the district attorney. The approval shall be in the form of a written endorsement on the complaint may be tried under s. 970.14 may file a complaint.

SB82,395 Section 395. 968.02 (2) of the statutes is repealed.

SB82,396 Section 396. 968.02 (3) of the statutes is repealed.

SB82,397 Section 397. 968.02 (4) of the statutes is repealed.

SB82,398 Section 398. 968.025 (title) of the statutes is created to read:

SB82,122,22 968.025 (title) Inquest procedures.

SB82,399 Section 399. 968.025 (3) of the statutes is created to read:

SB82,123,3 968.025 (3) Where conducted. An inquest may be held in any county in this state in which venue would lie for the trial of any offense that could be charged as the result of or involving the death.

SB82,400 Section 400. 968.025 (4) (title) of the statutes is created to read:

SB82,123,5 968.025 (4) (title) Jury selection.

SB82,401 Section 401. 968.025 (4) (e) of the statutes is created to read:

SB82,123,11 968.025 (4) (e) The court shall select the inquest jury by lot once a panel of at least 12 potential jurors has been qualified. If the inquest is likely to be protracted, the judge may select also one or more alternate jurors by lot. If more than 6 jurors remain after all of the evidence is presented, the court shall determine by lot which jurors will not participate in deliberations and discharge them.