SB82: Bill Text

SB82,227,12 (3) Remedy. When the court grants a motion to withdraw a plea of guilty or no contest under this section, the judgment of conviction is vacated, the original charge or charges reinstated, and the parties are restored to the position they were in before the plea and any related plea agreement was accepted.

SB82,731 Section 731. 971.095 (2) and (3) of the statutes are amended to read:

SB82,227,21 971.095 (2) In any case in which a defendant has been charged with a crime, the district attorney shall, as soon as practicable, offer all of the victims in the case who have so requested the opportunity an opportunity to confer with the district attorney concerning the prosecution of the case and the possible outcomes of the prosecution, including potential plea agreements and sentencing recommendations. The duty to confer under this subsection does not limit the obligation of the district attorney to exercise his or her discretion concerning the handling of any criminal charge against the defendant.

SB82,228,3 (3) At the request of a victim, a district attorney shall make a reasonable attempt to provide the victim with notice of the date, time, and place of scheduled court proceedings in a case involving relating to the prosecution of a crime of which he or she is a victim and any changes in the date, time, or place of a scheduled court proceeding for which the victim has received notice. This subsection does not apply to a proceeding held before the initial appearance to set conditions of release under ch. 969.

SB82,732 Section 732. Subchapter III (title) of chapter 971 [precedes 971.098] of the statutes is created to read:

SB82,228,6 chapter 971

SB82,228,7 Subchapter III

SB82,228,9 scheduling and expedition of proceedings

SB82,733 Section 733. 971.098 of the statutes is created to read:

SB82,228,15 971.098 Scheduling orders; pretrial conferences. After the defendant enters a plea, the court may issue a scheduling order and may amend it as circumstances require. The order shall be in writing and may specify times for discovery, pretrial motions, notices of intent to offer an alibi or another defense required to be disclosed, pretrial conferences, trial, or other proceedings.

SB82,734 Section 734. 971.10 (1) (title) of the statutes is created to read:

SB82,228,17 971.10 (1) (title) Misdemeanors.

SB82,735 Section 735. 971.10 (1) of the statutes is renumbered 971.10 (1) (a) and amended to read:

SB82,228,22 971.10 (1) (a) In Subject to sub. (3), the trial of a defendant who is in custody and is charged only with a misdemeanor actions trial shall commence within 60 45 days from the date of the defendant's initial appearance in court.

SB82,736 Section 736. 971.10 (1) (b) of the statutes is created to read:

SB82,229,2 971.10 (1) (b) Subject to sub. (3), the trial of a defendant who is not in custody and is charged only with a misdemeanor shall commence within 60 days from the date on which any party demands a speedy trial in writing or on the record. A party who makes a demand in writing shall serve a copy upon the opposing party.

SB82,737 Section 737. 971.10 (2) (a) of the statutes is renumbered 971.10 (2) and amended to read:

SB82,229,10 971.10 (2) Felonies. The Subject to sub. (3), the trial of a defendant who is charged with a felony shall commence within 90 days from the date trial is demanded by any party on which any party demands a speedy trial in writing or on the record. If the A party who makes a demand is made in writing, a copy shall be served serve a copy upon the opposing party. The demand may not be made until at any time after the filing of the information or indictment.

SB82,738 Section 738. 971.10 (2) (b) of the statutes is renumbered 971.10 (2g) and amended to read:

SB82,229,15 971.10 (2g) Assignment of another judge. If the court is unable to schedule a timely trial pursuant to par. (a) under sub. (1) or (2), the court shall request assignment of another judge pursuant to under s. 751.03.

SB82,739 Section 739. 971.10 (2r) of the statutes is created to read:

SB82,229,18 971.10 (2r) Inapplicability to detainers. Subsections (1) to (2m) do not apply to inmates of a state prison.

SB82,740 Section 740. 971.10 (3) (title) of the statutes is created to read:

SB82,229,20 971.10 (3) (title) Continuances.

SB82,741 Section 741. 971.10 (3) (a) of the statutes is renumbered 971.10 (3) (a) (intro.) and amended to read:

SB82,229,24 971.10 (3) (a) (intro.) A court may grant a continuance in a case, upon its own motion or the motion of any party, if all of the following apply:

SB82,230,3 1. The ends of justice served by taking action a continuance outweigh the best interest of the public and the defendant in a speedy trial. A continuance shall not be granted under this paragraph unless the

SB82,230,7 2. The court sets forth, in on the record of the case, either orally or in writing, its reasons for finding that the ends of justice served by the granting of the continuance outweigh the best interests of the public and the defendant in a speedy trial subd. 1. applies.

SB82,742 Section 742. 971.10 (3) (b) (intro.), 1. and 2. of the statutes are amended to read:

SB82,230,12 971.10 (3) (b) (intro.) The factors, among others, which   the court shall consider in In determining whether to grant a continuance under par. (a) are, the court shall consider at least the following factors:

SB82,230,15 1. Whether the failure to grant the a continuance in the proceeding would be likely to make a continuation of the proceeding it impossible to continue the proceeding or result in a miscarriage of justice.

SB82,230,19 2. Whether the case taken as a whole is so unusual and so complex, due to the number of defendants or, the nature of the prosecution, or otherwise, that it is unreasonable to expect adequate preparation within the periods of time established by this section.

SB82,743 Section 743. 971.10 (3) (c) of the statutes is amended to read:

SB82,230,24 971.10 (3) (c) No A court may not grant a continuance under par. (a) may be granted because of general congestion of the court's calendar or, the state's lack of diligent preparation, or the state's failure to obtain available witnesses on the part of the state.

SB82,744 Section 744. 971.10 (4) of the statutes is renumbered 971.10 (2m) and amended to read:

SB82,231,8 971.10 (2m) Remedy. Every If a defendant is not tried in accordance with on time under this section, the court shall be discharged release him or her from custody but the obligations of the bond or other and remove any monetary conditions of release of a defendant imposed as a result of the charge for which the time limit is exceeded. Nonmonetary conditions shall continue until modified or until the bond is released or the conditions removed or may be imposed.

SB82,745 Section 745. 971.105 of the statutes is amended to read:

SB82,231,18 971.105 Child victims and witnesses; duty to expedite proceedings. In all criminal and delinquency cases, juvenile fact-finding hearings under s. 48.31 and juvenile dispositional hearings involving a child as a victim, as defined in s. 950.02 (4), or as a witness, as defined in s. 950.02 (5), the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of the child's his or her involvement in the proceeding. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.

SB82,746 Section 746. 971.11 (1) of the statutes is amended to read:

SB82,232,7 971.11 (1) Whenever the warden or superintendent of a state prison receives notice of an untried criminal case pending in this state against an inmate of a state the prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, and the date of the inmate's parole eligibility, if applicable, or the date of release on which the inmate will be released to extended supervision, or the approximate discharge or conditional release date, and prior decision relating to parole date on which the inmate will be discharged. If the inmate is already eligible for parole, the request shall describe any prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such the preliminary examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

SB82,747 Section 747. 971.11 (2) and (3) of the statutes are consolidated, renumbered 971.11 (2) and amended to read:

SB82,232,21 971.11 (2) If the crime charged in the pending case is a felony, the district attorney shall either move to dismiss the pending case or arrange a date for preliminary examination as soon as convenient and notify the warden or superintendent of the prison thereof, date unless such the preliminary examination has already been held or has been waived. After the preliminary examination or upon waiver thereof of the preliminary examination, the district attorney shall file an information, unless it has already been filed, and mail a copy thereof of the information to the warden or superintendent for service on the inmate. The district attorney shall bring the case on for trial within 120 days after receipt of receiving the request, subject to s. 971.10. (3) (3). If the crime charged in the pending case is a misdemeanor, the district attorney shall either move to dismiss the charge case or bring it on for trial within 90 days after receipt of receiving the request.

SB82,748 Section 748. 971.11 (5) of the statutes is amended to read:

SB82,233,2 971.11 (5) If the defendant wishes to plead guilty to cases pending in more than one county, the several district attorneys involved may agree with the defendant and among themselves for all such pleas to be received in the appropriate court of one of such counties, and s. 971.09 shall govern the procedure thereon so far as applicable.

SB82,749 Section 749. 971.11 (6) of the statutes is amended to read:

SB82,233,14 971.11 (6) The prisoner shall be delivered warden or superintendent of the prison shall deliver the inmate into the custody of the sheriff of the county in which the charge is pending for transportation to the court, and the prisoner shall be retained in that sheriff shall retain custody of the inmate during all proceedings under this section. The sheriff shall return the prisoner inmate to the prison upon the completion of the proceedings and during any adjournments or continuances and between the preliminary examination and the trial, except that, if the department of corrections certifies a jail as being suitable to detain the prisoner inmate, he or she may be detained there until the court disposes of the case. The prisoner's inmate's existing sentence continues to run and he or she receives time credit under s. 302.11 while in custody.

SB82,750 Section 750. 971.11 (7) of the statutes is amended to read:

SB82,233,23 971.11 (7) If the district attorney moves to dismiss any pending case or if it is not brought on for trial to which a request under sub. (1) relates or does not bring the case on for trial within the time specified in sub. (2) or (3), the case court shall be dismissed dismiss the case unless the defendant has escaped or otherwise prevented the trial, in which case the request for disposition of the case shall be deemed withdrawn and of no further legal effect. Nothing in this section prevents a trial after the period specified in sub. (2) or (3) if a trial commenced within such period terminates in a mistrial or a new trial is granted.

SB82,751 Section 751. 971.12 (title) of the statutes is renumbered 970.13 (title).

SB82,752 Section 752. 971.12 (1) and (2) of the statutes are renumbered 970.13 (1) (intro.) and (2) and amended to read:

SB82,234,6 970.13 (1) Joinder of crimes. (intro.) Two or more crimes may be charged in the same complaint, or information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors, or both, if each is described in a separate count and if any of the following applies:

SB82,234,7 (a) The crimes are of the same or similar character or.

SB82,234,8 (b) The crimes are based on the same act or transaction or on 2.

SB82,234,11 (c) The crimes are based on 2 or more acts or transactions connected together or constituting parts of a common scheme or plan. When a misdemeanor is joined with a felony, the trial shall be in the court with jurisdiction to try the felony.

SB82,234,17 (2) Joinder of defendants. Two or more defendants may be charged in the same complaint, or information or indictment if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting one or more crimes. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.

SB82,753 Section 753. 971.12 (3) of the statutes is renumbered 971.68 (2) and amended to read:

SB82,235,2 971.68 (2) Relief from prejudicial joinder. If it appears that a defendant or the state is prejudiced by a joinder of crimes or of defendants in a complaint, information or indictment or by such joinder for trial together, the court may order separate trials of counts, grant a severance of charges or defendants or provide whatever other relief justice requires. The district attorney shall advise the court prior to trial if the district attorney intends to use the statement of a codefendant which implicates another defendant in the crime charged. Thereupon, the judge shall grant a severance as to any such defendant.

SB82,754 Section 754. 971.12 (4) of the statutes is renumbered 971.67, and 971.67 (title), as renumbered, is amended to read:

SB82,235,5 971.67 (title) Trial together Joint trial of separate charges.

SB82,755 Section 755. 971.13 of the statutes is renumbered 975.30, and 975.30 (3) and (4), as renumbered, are amended to read:

SB82,235,11 975.30 (3) The fact that a defendant is not competent to proceed does not preclude any legal objection to the prosecution under s. 971.31 which 971.65 that is susceptible of fair determination prior to trial and without the personal participation of the defendant.

SB82,235,16 (4) The fact that a defendant is not competent to proceed does not preclude a hearing under s. 968.38 968.725 (4) or (5) unless the court cannot fairly make the probable cause finding required to be made at the hearing cannot be fairly made under s. 968.725 (4) or (5), whichever is applicable, without the personal participation of the defendant.

SB82,756 Section 756. 971.14 (title) of the statutes is repealed.

SB82,757 Section 757. 971.14 (1g) of the statutes is repealed.

SB82,758 Section 758. 971.14 (1r) (title) of the statutes is repealed.

SB82,759 Section 759. 971.14 (1r) (a) of the statutes is renumbered 975.31 (1).

SB82,760 Section 760. 971.14 (1r) (b) of the statutes is renumbered 975.31 (3) and amended to read:

SB82,236,2 975.31 (3) If reason to doubt a defendant's competency to proceed arises after the defendant has been bound over for trial after a preliminary examination, or after a finding of guilty has been rendered by the jury or made by the court, a guilt, no probable cause determination shall not be finding is required and the court shall proceed order an examination of the defendant under sub. (2) s. 975.32.

SB82,761 Section 761. 971.14 (1r) (c) of the statutes is renumbered 975.31 (2) and amended to read:

SB82,236,16 975.31 (2) Except as provided in par. (b) sub. (3), the court shall not proceed under sub. (2) s. 975.32 until it has found that it is probable that the defendant committed the offense charged. The finding may be based upon the complaint or, if the defendant submits an affidavit alleging with particularity that the averments of the complaint are materially false, upon the complaint and the evidence presented at a hearing ordered by the court. The defendant may call and cross-examine witnesses at a hearing under this paragraph subsection but the court shall limit the issues and witnesses to those required for determining probable cause. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audiovisual means. If the court finds that any charge lacks probable cause, it shall dismiss the charge without prejudice and release the defendant except as provided in s. 971.31 (6) 971.65 (5).

SB82,762 Section 762. 971.14 (2) (title) of the statutes is repealed.

SB82,763 Section 763. 971.14 (2) (a) of the statutes is renumbered 975.32 (1) and amended to read:

SB82,237,5 975.32 (1) If an examination of a defendant is required under s. 975.31, the court shall order an examination into competency. The court shall may order the department to conduct the examination or may appoint one or more examiners having the specialized knowledge determined by the court to be appropriate to examine and report upon the condition of the defendant. If an inpatient examination is determined by the court to be necessary, the defendant may be committed to a suitable mental health facility for the examination period specified in par. (c), which shall be deemed days spent in custody under s. 973.155. If the examination is to be conducted by the department, the court shall order the individual to the facility designated by the department the court orders the department to conduct an examination, the department may select the examiner.

SB82,764 Section 764. 971.14 (2) (am) of the statutes is repealed.

SB82,765 Section 765. 971.14 (2) (b) of the statutes is renumbered 975.32 (3) and amended to read:

SB82,237,14 975.32 (3) If the defendant has been released on bail from custody, the court shall order an outpatient examination, except that the court may not order an involuntary inpatient examination unless if the defendant consents to an inpatient examination, the defendant fails to cooperate in the an outpatient examination, or the examiner informs the court that inpatient observation is necessary for an adequate examination.

SB82,766 Section 766. 971.14 (2) (c) of the statutes is renumbered 975.32 (6) (a) and amended to read:

SB82,238,2 975.32 (6) (a) Inpatient examinations shall be completed and the report of examination filed An examiner ordered to conduct an inpatient examination under this section shall complete the examination and file a report of the examination within 15 days after the examination is ordered or as specified in par. (am), whichever is applicable, unless, for good cause, the facility or examiner appointed by the court cannot complete the examination within this period and requests an extension. In that case, if the department is the examiner, within 15 days after the defendant arrives at the inpatient facility. If the examiner cannot complete the examination within 15 days and requests an extension, the court may for good cause allow one 15-day extension of the examination period. Outpatient examinations shall be completed and the report of examination filed

SB82,238,5 (b) An examiner ordered to conduct an outpatient examination under this section shall complete the examination and file a report of the examination within 30 days after the examination is ordered.

SB82,767 Section 767. 971.14 (2) (d) of the statutes is renumbered 975.32 (5) and amended to read:

SB82,238,17 975.32 (5) If the court orders that the examination be conducted on an inpatient basis a defendant in custody is subject to an inpatient examination ordered under this section, the sheriff of the county in which the court that ordered the examination is located shall transport any the defendant not free on bail to the examining facility where the examination will take place within a reasonable time after the examination is ordered and shall transport return the defendant to the jail within a reasonable time after the examination is completed. The examining facility shall notify the sheriff and county the department of community programs of for the county in which the court is located receive notice from the examining facility that when the examination has been is completed.

SB82,768 Section 768. 971.14 (2) (e) of the statutes is renumbered 975.32 (8) and amended to read:

SB82,238,22 975.32 (8) The An examiner shall personally observe and examine the defendant and shall have access to his or her the defendant's past or and present treatment records, as defined under s. 51.30 (1) (b).

SB82,769 Section 769. 971.14 (2) (f) of the statutes is renumbered 975.32 (9).

SB82,770 Section 770. 971.14 (2) (g) of the statutes is renumbered 975.32 (11) and amended to read:

SB82,239,7 975.32 (11) The defendant also may be examined for competency purposes at any stage of the competency proceedings by physicians or other experts designated by the court or chosen by the defendant or by the district attorney, who shall be permitted reasonable access to the defendant for purposes of the examination. Any party who intends to call an expert designated or chosen under this subsection as a witness shall furnish a copy of the expert's report to the opposing party within a reasonable period of time.

SB82,771 Section 771. 971.14 (3) (intro.) of the statutes is renumbered 975.33 (1) (intro.) and amended to read:

SB82,239,12 975.33 (1) Report Contents. (intro.) The Each court-appointed examiner shall submit to the court a written report which shall include that includes all of the following:

SB82,772 Section 772. 971.14 (3) (a) and (b) of the statutes are renumbered 975.33 (1) (a) and (b).