SB82,88,1312
911.01
(4) (b)
Grand jury; John Doe proceedings. Proceedings before grand
13juries or a John Doe proceeding under s.
968.26 968.105.
SB82,246
14Section
246. 911.01 (4) (c) of the statutes is amended to read:
SB82,88,2415
911.01
(4) (c)
Miscellaneous proceedings. Proceedings for extradition or
16rendition; sentencing, granting or revoking probation, modification of a bifurcated
17sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s.
18973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest
19warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2);
20proceedings under s.
971.14 (1r) (c) 975.31 (2); proceedings with respect to pretrial
21release under ch. 969 except where habeas corpus is utilized with respect to release
22on
bail or conditions as
otherwise provided in ch. 969;
proceedings with respect to
23release on bond under s. 974.09 pending appeal; or proceedings under s. 165.76 (6)
24to compel provision of a biological specimen for deoxyribonucleic acid analysis.
SB82,247
25Section
247. 938.18 (10) of the statutes is created to read:
SB82,89,5
1938.18
(10) Disposition options; certain juveniles younger than 15. If a court
2of criminal jurisdiction has jurisdiction over a juvenile for a violation as a result of
3a waiver under sub. (1) (a) or (b) and the juvenile is alleged to have committed the
4violation before he or she has attained the age of 15, the court shall proceed as
5follows:
SB82,89,86
(a) If the juvenile is convicted of an offense for which jurisdiction over the
7juvenile could not have been waived under sub. (1) (a) or (b), the court shall adjudge
8the juvenile to be delinquent and impose a disposition specified in s. 938.34.
SB82,89,159
(b) If the juvenile is convicted of an offense other than the offense charged and
10the offense for which the juvenile is convicted is an offense for which jurisdiction over
11the juvenile may be waived under sub. (1) (a) or (b) and the court, after considering
12the criteria specified in sub. (5), determines that the juvenile has proved by clear and
13convincing evidence that it would be in the best interests of the juvenile and of the
14public to adjudge the juvenile to be delinquent, the court may impose a disposition
15specified in s. 938.34.
SB82,248
16Section
248. 938.183 (1) (ar) of the statutes is amended to read:
SB82,89,2117
938.183
(1) (ar) A juvenile specified in par. (a) or (am) who is alleged to have
18attempted or committed a violation of any state criminal law in addition to the
19violation alleged under par. (a) or (am) if the violation alleged under this paragraph
20and the violation alleged under par. (a) or (am) may be joined under s.
971.12 (1) 21970.13.
SB82,249
22Section
249. 938.183 (1m) (b) of the statutes is amended to read:
SB82,90,223
938.183
(1m) (b) If a court of criminal jurisdiction transfers jurisdiction under
24s.
970.032 971.75 (5) or
971.31 (13) 971.77 to a court assigned to exercise jurisdiction
1under this chapter and ch. 48, the juvenile is subject to the procedures and
2dispositions specified in
subch. subchs. IV to VI.
SB82,250
3Section
250. 938.195 (1) (a) of the statutes is amended to read:
SB82,90,54
938.195
(1) (a) "Custodial interrogation" has the meaning given in s.
968.073 5969.165 (1) (a).
SB82,251
6Section
251. 938.21 (2) (f) of the statutes is created to read:
SB82,90,97
938.21
(2) (f) At a hearing under this section, the representative of the public
8designated under s. 938.09 shall disclose, if in his or her possession, law enforcement
9investigative reports relating to the case.
SB82,252
10Section
252. 938.293 (2) of the statutes is amended to read:
SB82,90,2211
938.293
(2) Records relating to juvenile. All records relating to a juvenile
12which are relevant to the subject matter of a proceeding under this chapter shall be
13open to inspection by a guardian ad litem or counsel for any party, upon demand and
14upon presentation of releases where necessary, at least 48 hours before the
15proceeding. Persons entitled to inspect the records may obtain copies of the records
16with the permission of the custodian of the records or with the permission of the
17court. The court may instruct counsel not to disclose specified items in the materials
18to the juvenile or the parent if the court reasonably believes that the disclosure would
19be harmful to the interests of the juvenile.
Section 971.23 Subchapter IV of ch. 971 20shall be applicable in all delinquency proceedings under this chapter, except that the
21court shall establish the timetable for the disclosures required under
s. 971.23 (1),
22(2m), (8), and (9) ss. 971.43, 971.44, 971.45, 971.46, and 971.47.
SB82,253
23Section
253. 938.30 (2) of the statutes is amended to read:
SB82,91,824
938.30
(2) Information to juvenile and parents; basic rights; substitution. 25At or before the commencement of the hearing under this section the juvenile and
1the parent, guardian, legal custodian, or Indian custodian shall be advised of their
2rights as specified in s. 938.243 and shall be informed that the hearing shall be to the
3court and that a request for a substitution of judge under s. 938.29 must be made
4before the end of the plea hearing or is waived.
At the hearing, the district attorney
5shall disclose, if in his or her possession, law enforcement investigative reports
6relating to the case. Nonpetitioning parties, including the juvenile, shall be granted
7a continuance of the plea hearing if they wish to consult with an attorney on the
8request for a substitution of a judge.
SB82,254
9Section
254. 938.30 (3) of the statutes is amended to read:
SB82,91,1410
938.30
(3) Juvenile in need of protection or services proceeding; possible
11pleas. If a petition alleges that a juvenile is in need of protection or services under
12s. 938.13 (4), (6), (6m), (7) or (14), the nonpetitioning parties and the juvenile, if he
13or she is
12 10 years of age or older
or and is otherwise competent to do so, shall state
14whether they desire to contest the petition.
SB82,255
15Section
255. 938.30 (5) (c) (intro.) of the statutes is amended to read:
SB82,91,1816
938.30
(5) (c) (intro.) If the court finds that the juvenile was not responsible by
17reason of mental disease or defect, as described under s.
971.15 975.50 (1) and (2),
18the court shall dismiss the petition with prejudice and do one of the following:
SB82,256
19Section
256. 938.30 (5) (d) (intro.) of the statutes is amended to read:
SB82,91,2220
938.30
(5) (d) (intro.) If the court finds that the juvenile is not competent to
21proceed, as described in s.
971.13 975.30 (1) and (2), the court shall suspend
22proceedings on the petition and do one of the following:
SB82,257
23Section
257. 938.30 (5) (e) 1. (intro.) of the statutes is amended to read:
SB82,92,824
938.30
(5) (e) 1. (intro.) A juvenile who is not competent to proceed, as described
25in s.
971.13 975.30 (1) and (2), but who is likely to become competent to proceed
1within 12 months or within the time period of the maximum sentence that may be
2imposed on an adult for the most serious delinquent act with which the juvenile is
3charged, whichever is less, and who is committed under s. 51.20 following an order
4under par. (d) 1. or who is placed under a dispositional order following an order under
5par. (d) 2., shall be periodically reexamined with written reports of those
6reexaminations to be submitted to the court every 3 months and within 30 days
7before the expiration of the juvenile's commitment or dispositional order. Each
8report shall indicate one of the following:
SB82,258
9Section
258. 938.31 (2) of the statutes is amended to read:
SB82,92,1810
938.31
(2) Hearing to the court; procedures. The hearing shall be to the court.
11If the hearing involves a child victim, as defined in s. 938.02 (20m) (a) 1., or a child
12witness, as defined in s. 950.02 (5), the court may order that a deposition be taken
13by audiovisual means and allow the use of a recorded deposition under s.
967.04 (7)
14to (10) and, with the district attorney, shall comply with s. 971.105 967.22. At the
15conclusion of the hearing, the court shall make a determination of the facts. If the
16court finds that the juvenile is not within the jurisdiction of the court or the court
17finds that the facts alleged in the petition or citation have not been proved, the court
18shall dismiss the petition or citation with prejudice.
SB82,259
19Section
259. 938.31 (3) (a) 4. of the statutes is amended to read:
SB82,92,2020
938.31
(3) (a) 4. "Statement" has the meaning given in s.
972.115 972.18 (1) (d).
SB82,260
21Section
260. 938.31 (3) (d) of the statutes is amended to read:
SB82,93,222
938.31
(3) (d) Notwithstanding ss.
968.28 968.315 to
968.37 968.405, a
23juvenile's lack of consent to having an audio or audio and visual recording made of
24a custodial interrogation does not affect the admissibility in evidence of an audio or
1audio and visual recording of a statement made by the juvenile during the
2interrogation.
SB82,261
3Section
261. 938.315 (2) of the statutes is amended to read:
SB82,93,164
938.315
(2) Continuance for good cause. A continuance may be granted by
5the court only upon a showing of good cause in open court or during a telephone
6conference under s. 807.13 on the record and only for so long as is necessary, taking
7into account the request or consent of the representative of the public under s. 938.09
8or the parties, the interests of the victims
, and the interest of the public in the prompt
9disposition of cases.
In ruling on any motion or other request for a continuance or
10delay of the proceedings, the court shall also consider and give weight to any adverse
11impact the delay or continuance may have on the well-being of a victim or a witness,
12as defined in s. 950.02 (5), if the victim or witness is a child. In addition, if a victim
13or a witness is a child, the court and the representative of the public under s. 938.09
14shall take appropriate action to ensure speedy proceedings in order to minimize the
15time during which the child must endure the stress of his or her involvement in the
16proceedings.
SB82,262
17Section
262. 938.35 (1) (cm) of the statutes is amended to read:
SB82,93,1918
938.35
(1) (cm) In a court of civil or criminal jurisdiction for purposes of setting
19bail under
s. 974.09 or ch. 969 or impeaching a witness under s. 906.09.
SB82,263
20Section
263. 938.396 (1) (a) of the statutes is amended to read:
SB82,93,2521
938.396
(1) (a)
Confidentiality. Law enforcement agency records of juveniles
22shall be kept separate from records of adults. Law enforcement agency records of
23juveniles may not be open to inspection or their contents disclosed except under par.
24(b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s.
938.21 (2) (f), 938.293
, or 938.30 (2) or
25by order of the court.
SB82,264
1Section
264. 938.396 (2g) (dr) of the statutes is amended to read:
SB82,94,72
938.396
(2g) (dr)
Presentence investigation. Upon request of the department
3of corrections or any other person preparing a presentence investigation under s.
4972.15 973.004 to review court records for the purpose of preparing the presentence
5investigation, the court shall open for inspection by any authorized representative
6of the requester the records of the court relating to any juvenile who has been the
7subject of a proceeding under this chapter.
SB82,265
8Section
265. 938.535 of the statutes is amended to read:
SB82,94,16
9938.535 Early release and intensive supervision program; limits. The
10department may establish a program for the early release and intensive supervision
11of juveniles who have been placed in a juvenile correctional facility or a secured
12residential care center for children and youth under s. 938.183 or 938.34 (4m). The
13program may not include any juveniles who have been placed in a juvenile
14correctional facility or a secured residential care center for children and youth as a
15result of a delinquent act involving the commission of a violent crime as defined in
16s.
969.035 969.43, but not including the crime specified in s. 948.02 (1).
SB82,266
17Section
266. 938.78 (2) (d) 1. of the statutes is amended to read:
SB82,94,1918
938.78
(2) (d) 1. The subject of a presentence investigation under s.
972.15 19973.004.
SB82,267
20Section
267. 939.60 of the statutes is amended to read:
SB82,94,23
21939.60 Felony and misdemeanor defined. A crime punishable by
22imprisonment in the Wisconsin state prisons is a felony "
Felony" has the meaning
23given in s. 967.025 (11). Every other crime is a misdemeanor.
SB82,268
24Section
268. 939.615 (2) (a) of the statutes is amended to read:
SB82,95,7
1939.615
(2) (a) Except as provided in par. (b), if a person is convicted of a serious
2sex offense or found not guilty of a serious sex offense by reason of mental disease
3or defect, the court may, in addition to sentencing the person, placing the person on
4probation or, if applicable, committing the person under
s. 971.17 subch. III of ch.
5975, place the person on lifetime supervision by the department if notice concerning
6lifetime supervision was given to the person under s. 973.125 and if the court
7determines that lifetime supervision of the person is necessary to protect the public.
SB82,269
8Section
269. 939.615 (3) (d) of the statutes is amended to read:
SB82,95,129
939.615
(3) (d) If the person has been committed to the department of health
10services under
s. 971.17 subch. III of ch. 975 for the serious sex offense, upon the
11termination of his or her commitment under s.
971.17 (5) 975.60 or his or her
12discharge from the commitment under s.
971.17 (6)
975.61, whichever is applicable.
SB82,270
13Section
270. 939.621 (1) (a) of the statutes is amended to read:
SB82,95,1914
939.621
(1) (a) A person who commits, during the 72 hours immediately
15following an arrest for a domestic abuse incident as set forth in s.
968.075 969.27 (5),
16an act of domestic abuse, as defined in s.
968.075
969.27 (1) (a) that constitutes the
17commission of a crime. For the purpose of the definition under this paragraph, the
1872-hour period applies whether or not there has been a waiver by the victim under
19s.
968.075 969.27 (5) (c).
SB82,271
20Section
271. 939.621 (2) of the statutes is amended to read:
SB82,96,221
939.621
(2) If a person commits an act of domestic abuse, as defined in s.
22968.075 969.27 (1) (a) and the act constitutes the commission of a crime, the
23maximum term of imprisonment for that crime may be increased by not more than
242 years if the person is a domestic abuse repeater. The victim of the domestic abuse
25crime does not have to be the same as the victim of the domestic abuse incident that
1resulted in the prior arrest or conviction. The penalty increase under this section
2changes the status of a misdemeanor to a felony.
SB82,272
3Section
272. 939.74 (1) of the statutes is amended to read:
SB82,96,84
939.74
(1) Except as provided in subs. (2) and (2d) and s. 946.88 (1), prosecution
5for a felony must be commenced within 6 years and prosecution for a misdemeanor
6or for adultery within 3 years after the commission thereof. Within the meaning of
7this section, a prosecution has commenced when
a warrant or summons is issued, 8an indictment is found
, or
an information a complaint is filed.
SB82,273
9Section
273. 939.74 (3) of the statutes is amended to read:
SB82,96,1410
939.74
(3) In computing the time limited by this section, the time during which
11the actor was not publicly a resident within this state or during which a prosecution
12against the actor for the same act was pending shall not be included. A prosecution
13is pending when
a warrant or a summons has been issued, an indictment has been
14found
, or
an information a complaint has been filed.
SB82,274
15Section
274. 939.74 (4) of the statutes is amended to read:
SB82,96,1916
939.74
(4) In computing the time limited by this section, the time during which
17an alleged victim under s. 940.22 (2) is unable to seek the
issuance filing of a
18complaint under s.
968.02 970.08 due to the effects of the sexual contact or due to any
19threats, instructions or statements from the therapist shall not be included.
SB82,275
20Section
275. 940.09 (1m) (a) of the statutes is amended to read:
SB82,97,221
940.09
(1m) (a) A person may be charged with and a prosecutor may proceed
22upon an information based upon a violation of any combination of sub. (1) (a), (am),
23or (b); any combination of sub. (1) (a), (am), or (bm); any combination of sub. (1) (c),
24(cm), or (d); any combination of sub. (1) (c), (cm), or (e); any combination of sub. (1g)
1(a), (am), or (b)
or;; or any combination of sub. (1g) (c), (cm), or (d) for acts arising out
2of the same incident or occurrence.
SB82,276
3Section
276. 940.09 (1m) (b) of the statutes is amended to read:
SB82,97,134
940.09
(1m) (b) If a person is charged in an information with any of the
5combinations of crimes referred to in par. (a), the crimes shall be joined under s.
6971.12 970.13. If the person is found guilty of more than one of the crimes so charged
7for acts arising out of the same incident or occurrence, there shall be a single
8conviction for purposes of sentencing and for purposes of counting convictions under
9s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under
10s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each
11require proof of a fact for conviction which the others do not require, and sub. (1g)
12(a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the
13others do not require.
SB82,277
14Section
277. 940.225 (4) (intro.) of the statutes is amended to read:
SB82,97,2015
940.225
(4) Consent. (intro.) "Consent", as used in this section, means words
16or overt actions by a person who is competent to give informed consent indicating a
17freely given agreement to have sexual intercourse or sexual contact. Consent is not
18an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following
19persons are presumed incapable of consent but the presumption may be rebutted by
20competent evidence, subject to the provisions of s.
972.11 (2) 904.045:
SB82,278
21Section
278. 940.25 (1m) (b) of the statutes is amended to read:
SB82,98,422
940.25
(1m) (b) If a person is charged in an information with any of the
23combinations of crimes referred to in par. (a), the crimes shall be joined under s.
24971.12 970.13. If the person is found guilty of more than one of the crimes so charged
25for acts arising out of the same incident or occurrence, there shall be a single
1conviction for purposes of sentencing and for purposes of counting convictions under
2s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and
3343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm),
4(d), and (e) each require proof of a fact for conviction which the others do not require.
SB82,279
5Section
279. 940.32 (2m) (d) of the statutes is amended to read:
SB82,98,76
940.32
(2m) (d) The person violates s.
968.31 968.345 (1) or
968.34 968.376 (1)
7in order to facilitate the violation.
SB82,280
8Section
280. 940.48 (intro.) of the statutes is amended to read:
SB82,98,11
9940.48 Violation of court orders. (intro.) Whoever violates an order issued
10under s. 940.47
or violates any condition of a bond required under s. 969.33 (4) (d) 11may be punished as follows:
SB82,281
12Section
281. 940.49 of the statutes is repealed.
SB82,282
13Section
282. 941.28 (5) of the statutes is amended to read:
SB82,98,1514
941.28
(5) Any firearm seized under this section is subject to s.
968.20 (3) 15175.27 (1) and is presumed to be contraband.
SB82,283
16Section
283. 941.29 (3) of the statutes is amended to read:
SB82,98,1817
941.29
(3) Any firearm involved in an offense under sub. (2) is subject to s.
18968.20 (3) 175.27 (1).
SB82,284
19Section
284. 943.245 (3m) of the statutes is amended to read:
SB82,98,2420
943.245
(3m) Any recovery under this section shall be reduced by the amount
21recovered as restitution for the same act under ss. 800.093 and 973.20 or as
22recompense under s.
969.13 (5) (a) 969.42 for the same act and by any amount
23collected in connection with the act and paid to the plaintiff under a deferred
24prosecution agreement under s. 971.41.
SB82,285
25Section
285. 943.51 (3r) of the statutes is amended to read:
SB82,99,3
1943.51
(3r) Any recovery under this section shall be reduced by the amount
2recovered as restitution for the same act under ss. 800.093 and 973.20 or as
3recompense under s.
969.13 (5) (a) 969.42 for the same act.
SB82,286
4Section
286. 946.42 (3) (g) of the statutes is amended to read:
SB82,99,65
946.42
(3) (g) Committed to the department of health services under ch.
971 6975, 2013 stats., or
ch. 975.
SB82,287
7Section
287. 946.49 (1) (intro.) of the statutes is amended to read:
SB82,99,98
946.49
(1) (intro.) Whoever, having been released from custody under
s. 974.09
9or ch. 969, intentionally fails to comply with the terms of his or her bond is:
SB82,288
10Section
288. 946.49 (2) of the statutes is amended to read:
SB82,99,1311
946.49
(2) A witness for whom
bail has been required conditions of release have
12been set under s.
969.01 (3) 969.52 is guilty of a Class I felony for failure to appear
13as provided.