SB82: Bill Text

SB82,204,23 chapter 969

SB82,204,24 subchapter iii

SB82,205,3 enforcement of appearance requirements and conditions of release

SB82,649 Section 649. 969.50 (2) and (3) of the statutes are created to read:

SB82,205,6 969.50 (2) A court issuing a bench warrant under this section may specify monetary conditions of release on the warrant.

SB82,205,9 (3) If monetary conditions of release are not specified on the bench warrant, a defendant or witness arrested pursuant to the warrant is not eligible for release before appearing in court.

SB82,650 Section 650. Chapter 970 (title) of the statutes is repealed and recreated to read:

SB82,205,13 CHAPTER 970 commencement of prosecution

SB82,651 Section 651. 970.01 (title) of the statutes is repealed.

SB82,652 Section 652. 970.01 (1) of the statutes is renumbered 971.015 (1) (a) and amended to read:

SB82,205,24 971.015 (1) (a) Any Except as provided in par. (b), any person who is arrested and not sooner released from custody shall be taken within a reasonable time before a judge in brought before the court for the county in which the offense was alleged to have been committed. The may be tried under s. 970.14 for an initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. If the within a reasonable time after the day of arrest. In no event shall an arrested person be held for more than 96 hours, including weekends and holidays, without a court determination regarding conditions of release under s. 969.33.

SB82,206,8 (3) Telephone proceedings. When an initial appearance is conducted by telephone or live audiovisual means under s. 967.14 or video conferencing under subch. III of ch. 885, the person may waive physical appearance. Waiver of physical appearance shall be placed on the record of the initial appearance and does not waive other grounds for challenging the court's personal jurisdiction. If the person does not waive physical appearance, conducting the initial appearance by telephone or live audiovisual means under s. 967.08 defendant does not waive any grounds ground that the person defendant has for challenging the court's personal jurisdiction.

SB82,653 Section 653. 970.01 (2) of the statutes is repealed.

SB82,654 Section 654. 970.02 (title) of the statutes is repealed.

SB82,655 Section 655. 970.02 (1) (intro.) of the statutes is repealed.

SB82,656 Section 656. 970.02 (1) (a) of the statutes is renumbered 971.027 (3) and amended to read:

SB82,206,24 971.027 (3) Notice of the charges and penalties. Of the charge against the defendant and shall furnish The court shall ensure that the district attorney has furnished the defendant with a copy of the complaint which shall contain the possible penalties for the offenses set forth therein. In the case of a felony, the judge shall also inform the defendant of the and ensure that the defendant has been informed of the nature of the charge and the penalties for the felony each crime with which the defendant is charged. The district attorney shall read the complaint to the defendant at the defendant's request. If no criminal complaint is filed at the initial appearance, the defendant shall be released without monetary conditions unless the court excuses the delay due to the existence of a bona fide emergency or other extraordinary circumstances.

SB82,657 Section 657. 970.02 (1) (b) and (6) of the statutes are consolidated, renumbered 971.027 (1) and amended to read:

SB82,207,13 971.027 (1) Right to counsel. Of   If the defendant is not represented by counsel, the court shall inform the defendant of his or her right to counsel and, in any case required by the U.S. or Wisconsin constitution, that an attorney will be appointed to represent him or her if he or she is financially unable to employ counsel. (6) In all cases in which the defendant is entitled to legal representation under the constitution or laws of the United States or this state, the judge or magistrate shall inform the defendant of his or her right to counsel and, if the defendant claims or appears to be indigent, shall refer the person defendant to the authority for indigency determinations specified under s. 977.07 (1). Unless the defendant knowingly and voluntarily waives the right to counsel, the court may not permit an unrepresented defendant to enter a plea other than not guilty.

SB82,658 Section 658. 970.02 (1) (c) and (5) of the statutes are consolidated, renumbered 971.027 (2) and amended to read:

SB82,207,24 971.027 (2) Right to a preliminary examination. That The court shall inform the defendant that he or she is entitled to a preliminary examination if when the defendant is charged with a felony in any complaint, including a complaint issued under s. 968.26, or when the defendant has been returned to this state for prosecution through extradition proceedings under ch. 976, or any indictment, unless waived in writing or in open court, or unless the defendant is a corporation or limited liability company. (5) If the defendant does not waive preliminary examination, the judge court shall forthwith set the action for a preliminary examination under s. 970.03 971.042.

SB82,659 Section 659. 970.02 (2) of the statutes is renumbered 971.027 (5) and amended to read:

SB82,208,5 971.027 (5) Conditions of release. The judge court shall admit the defendant to bail in accordance with establish, modify, or continue the conditions of the defendant's release under ch. 969.

SB82,660 Section 660. 970.02 (3) of the statutes is repealed.

SB82,661 Section 661. 970.02 (4) of the statutes is repealed.

SB82,662 Section 662. 970.02 (7) of the statutes is renumbered 971.027 (6) and amended to read:

SB82,208,13 971.027 (6) Obtaining identification data. If the offense charged is one specified under s. 165.83 (2) (a), the judge court shall determine if the defendant's fingerprints, photographs and other identifying data have been taken and, if not, the judge court shall direct that this information be obtained.

SB82,663 Section 663. 970.02 (8) of the statutes, as affected by 2013 Wisconsin Act 214, is renumbered 971.027 (7) and amended to read:

SB82,208,25 971.027 (7) Obtaining biological specimen. If the offense charged is a violent crime, as defined in s. 165.84 (7) (ab), the judge court shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the judge court requires the defendant to provide a specimen under this subsection or if a biological specimen has already been obtained from the defendant, the judge court shall inform the defendant that he or she may request expungement under s. 165.77 (4).

SB82,664 Section 664. 970.03 (title) of the statutes is renumbered 971.042 (title).

SB82,665 Section 665. 970.03 (1) of the statutes is renumbered 971.042 (1) and amended to read:

SB82,209,9 971.042 (1) A preliminary examination is a hearing before a court for the purpose of determining if there is probable cause to believe a felony has been committed by the defendant. A preliminary examination may be held in conjunction with a bail revocation hearing under s. 969.08 (5) 969.51 (1) (b), but separate findings shall be made by the judge relating to the preliminary examination and to the bail revocation.

SB82,666 Section 666. 970.03 (2), (3), (4), (5) and (6) of the statutes are renumbered 971.042 (2), (3), (4), (5) and (6).

SB82,667 Section 667 . 970.03 (7), (8) and (9) of the statutes are renumbered 971.042 (7) (a), (b) and (c) and amended to read:

SB82,209,15 971.042 (7) (a) If the court finds probable cause to believe that a felony has been committed by the defendant, it shall bind the defendant over for trial.

SB82,209,18 (b) If the court finds that it is probable that only a misdemeanor has been committed by the defendant, it shall amend the complaint to conform to the evidence. The action shall then proceed as though it had originated as a misdemeanor action.

SB82,209,21 (c) If the court does not find probable cause to believe that a crime has been committed by the defendant, it shall order the defendant discharged forthwith immediately.

SB82,668 Section 668. 970.03 (10), (12), (13) and (14) of the statutes are renumbered 971.042 (8), (9), (10) and (11), and 971.042 (8) and (9) (a) 1., as renumbered, are amended to read:

SB82,210,5 971.042 (8) In multiple count complaints, the court shall order dismissed any count for which it finds there is no probable cause. The facts arising out of any count ordered dismissed shall not be the basis for a count in any information filed pursuant to ch. 971. Section 970.04 under this chapter. Subsection (13) shall apply to any dismissed count.

SB82,210,6 (9) (a) 1. "Hospital" has the meaning designated given in s. 50.33 (2).

SB82,669 Section 669. 970.032 (title) of the statutes is repealed.

SB82,670 Section 670 . 970.032 (1) of the statutes is renumbered 971.75 (1) and amended to read:

SB82,210,16 971.75 (1) Probable cause hearing. Notwithstanding s. 970.03 971.042, if a preliminary examination is held regarding a juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall first conduct an evidentiary hearing to determine whether if there is probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever is applicable.

SB82,210,22 (3) Findings at probable cause hearing. (a) If the court does not make that finding find that there is probable cause to believe the juvenile committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever is applicable, the court shall order that the juvenile be discharged, but proceedings may be brought regarding the juvenile under ch. 938.

SB82,671 Section 671 . 970.032 (2) (intro.) of the statutes is renumbered 971.75 (3) (b) and amended to read:

SB82,211,6 971.75 (3) (b) If the court finds probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), the court shall conduct a hearing under sub. (5) to determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court may base its finding of probable cause in whole or in part on hearsay.

SB82,211,9 (5) Findings at retention hearing. The If the court finds probable cause under sub. (3) (b), it shall retain jurisdiction unless the juvenile proves by a preponderance of the evidence all of the following:

SB82,672 Section 672. 970.032 (2) (a), (b) and (c) of the statutes are renumbered 971.75 (5) (a), (b) and (c).

SB82,673 Section 673. 970.035 of the statutes is renumbered 971.046 and amended to read:

SB82,211,24 971.046 Preliminary examination; juvenile younger than 15 years old. Notwithstanding s. 970.03 971.042, if a preliminary examination under s. 970.03 971.042 is held regarding a juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the juvenile be discharged but proceedings may be brought regarding the juvenile under ch. 938.

SB82,674 Section 674. 970.038 of the statutes is renumbered 971.043 and amended to read:

SB82,212,5 971.043 Preliminary examination; hearsay exception. (1) Notwithstanding s. 908.02, hearsay is admissible in a preliminary examination under ss. 970.03, 970.032, and 970.035 971.042, 971.75 (2), and 971.046.

SB82,212,8 (2) A court may base its finding of probable cause under s. 970.03 (7) or (8), 970.032 (2), or 970.035 971.042 (7) (a) or (b), 971.75 (3), or 971.046 in whole or in part on hearsay admitted under sub. (1).

SB82,675 Section 675. 970.04 of the statutes is renumbered 971.044.

SB82,676 Section 676. 970.05 of the statutes is renumbered 971.045.

SB82,677 Section 677. Subchapter I (title) of chapter 970 [precedes 970.06] of the statutes is created to read:

SB82,212,13 chapter 970

SB82,212,15 subchapter i general provisions

SB82,678 Section 678. 970.06 (2) of the statutes is created to read:

SB82,212,17 970.06 (2) When a grand jury indicts a person, a complaint shall be filed.

SB82,679 Section 679. 970.06 (3) of the statutes is created to read:

SB82,212,19 970.06 (3) The trial of a criminal action shall be upon the complaint.

SB82,680 Section 680. 970.06 (4) of the statutes is created to read:

SB82,212,22 970.06 (4) A complaint upon which a criminal action is tried is an information for the purposes of article I, section 7, of the constitution.

SB82,681 Section 681. 970.08 (2) of the statutes is created to read:

SB82,212,25 970.08 (2) A complaint is filed when the district attorney signs it and files it with the clerk of the court for the county where the crime was committed.

SB82,682 Section 682. 970.09 (2) of the statutes is created to read:

SB82,213,4 970.09 (2) The court may allow the district attorney to amend the complaint after the defendant enters a plea but within a reasonable time before trial if the amendment does not prejudice the defendant.

SB82,683 Section 683. 970.10 (title), (1) and (3) of the statutes are created to read:

SB82,213,9 970.10 (title) Dismissing the complaint. (1) If the district attorney moves to dismiss a complaint, the trial court shall grant the motion unless the court finds that dismissal is contrary to the public interest. The motion may not be granted during the trial without the consent of the defendant.

SB82,213,11 (3) Granting a motion made under sub. (1) dismisses the action, and the clerk shall enter an order to that effect.

SB82,684 Section 684. 970.13 (3) of the statutes is created to read:

SB82,213,14 970.13 (3) Relief from prejudicial joinder. Relief from prejudicial joinder may be sought under s. 971.68 (2).

SB82,685 Section 685. 970.14 (13) of the statutes is created to read:

SB82,213,20 970.14 (13) In an action where the state asserts jurisdiction under s. 939.03 (1) (b) or (c) and where the place of trial cannot readily be determined under this section, the trial may be in the county where the defendant intended that the crime be committed, the county of residence of the intended victims, or, if neither of these applies, Dane County.

SB82,686 Section 686. 970.15 of the statutes is created to read:

SB82,213,23 970.15 Deferred and suspended prosecution agreements. (1) Definitions. In this section:

SB82,213,25 (a) "Deferred prosecution agreement" means an agreement under which a prosecutor does not file a criminal complaint but may do so in the future.

SB82,214,3 (b) "Suspended prosecution agreement" means an agreement under which further prosecution against a person is suspended after a prosecutor files a criminal complaint against the person.

SB82,214,7 (2) Deferred prosecution agreements. The same standards that apply to a district attorney's charging authority govern the district attorney's authority to enter into a deferred prosecution agreement. A deferred prosecution agreement is enforceable in the same manner as a plea agreement.

SB82,214,14 (3) Suspended prosecution agreements. The same standards that apply to a court's authority to schedule cases and grant continuances apply to a court's authority to suspend prosecution when the parties have reached a suspended prosecution agreement. The court's authority to suspend prosecution includes the authority to defer or delay the acceptance of a plea or to withhold entry of judgment. A suspended prosecution agreement is enforceable in the same manner as a plea agreement.

SB82,214,20 (4) Admissions and statements. Consent to, or participation in, a deferred prosecution agreement or a suspended prosecution agreement is not an admission of guilt and is not admissible in any trial relating to the charge to which the agreement pertains. No statement made by a person in connection with a deferred prosecution agreement or a suspended prosecution agreement is admissible in any trial relating to the charge to which the agreement pertains.

SB82,214,25 (5) Immunity. Any organization, agency, or individual acting in good faith for which or for whom a person is assigned to work pursuant to a deferred prosecution agreement or a suspended prosecution agreement has immunity from any civil liability in excess of $25,000 for acts or omissions by the person or affecting the person.

SB82,687 Section 687. Subchapter II (title) of chapter 970 [precedes s. 970.21] of the statutes is created to read:

SB82,215,3 chapter 970

SB82,215,5 subchapter iI particular offenses

SB82,688 Section 688. Chapter 971 (title) of the statutes is repealed and recreated to read:

SB82,215,8 chapter 971

SB82,215,9 pretrial procedures