SB82: Bill Text

SB82,152 Section 152. 304.06 (3) of the statutes is amended to read:

SB82,67,10 304.06 (3) Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department. If the department alleges that any condition or rule of parole has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the alleged violation. If the department is satisfied that any condition or rule of parole has been violated it shall afford the prisoner such administrative hearings as are required by law. Unless waived by the parolee, the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is licensed to practice law in this state. The hearing examiner shall enter an order revoking or not revoking parole. Upon request by either party, the administrator of the division of hearings and appeals shall review the order. The hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) 967.22. If the parolee waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole. If the examiner, the administrator upon review, or the secretary in the case of a waiver finds that the prisoner has violated the rules or conditions of parole, the examiner, the administrator upon review, or the secretary in the case of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole. If the prisoner claims or appears to be indigent, the department shall refer the prisoner to the authority for indigency determinations specified under s. 977.07 (1).

SB82,153 Section 153. 322.0767 (1) (a) of the statutes is amended to read:

SB82,67,21 322.0767 (1) (a) If a person subject to a general court-martial is found to lack substantial mental capacity to understand the proceedings or assist in his or own defense and the military judge determined that the person is likely to become competent within the maximum period specified under s. 971.14 (5) (a) of commitment, as defined in s. 975.34 (6) (a), the court-martial convening authority for the person shall commit the person to the custody of the department of health services under as provided in s. 971.14 (5) 975.34 (7). If the military judge determines that the defendant is not likely to become competent in within the time maximum period specified under s. 971.14 (5) of commitment, the military judge shall suspend or terminate the general court-martial.

SB82,154 Section 154. 322.0767 (1) (b) of the statutes is amended to read:

SB82,67,25 322.0767 (1) (b) The department of health services shall submit all reports that are required under s. 971.14 (5) (b) 975.36 and that pertain to a person subject to a commitment order under par. (a) to the court-martial.

SB82,155 Section 155. 322.0767 (1) (c) of the statutes is amended to read:

SB82,68,12 322.0767 (1) (c) Upon receiving a report under s. 971.14 (5) (b) 975.36, the court-martial shall make a determination as to whether the person has become competent. If the court-martial determines that the defendant has become competent, the court-martial shall terminate the commitment to the department of health services and resume the general court-martial. If the court-martial determines that the person is making sufficient progress toward becoming competent, the commitment shall continue. If the court-martial determines that the person is not likely to become competent to proceed in within the time maximum period specified under s. 971.14 (5) (a) of commitment, as defined under s. 971.34 (6) (a), the court-martial shall suspend or terminate the commitment order under this subsection.

SB82,156 Section 156. 322.0767 (1) (d) of the statutes is amended to read:

SB82,68,16 322.0767 (1) (d) If a person who has been restored to competency again becomes incompetent, the maximum commitment period under s. 971.14 (5) (a) of commitment shall be as provided under s. 971.14 (5) (d) 975.36 (6).

SB82,157 Section 157. 322.0767 (2) (a) of the statutes is amended to read:

SB82,68,21 322.0767 (2) (a) If a court-martial finds a person not guilty by reason of mental disease or defect, the court-martial shall commit the person to the custody of the department of health services for a period not to exceed that described under s. 971.17 (1) 975.57 (2).

SB82,158 Section 158. 322.0767 (2) (b) of the statutes is amended to read:

SB82,68,25 322.0767 (2) (b) Using the standard under s. 971.17 (3) (a) 975.57 (1), the court-martial shall determine whether the commitment order under par. (a) shall specify institutional care or conditional release.

SB82,159 Section 159. 322.0767 (2) (c) of the statutes is amended to read:

SB82,69,7 322.0767 (2) (c) The court-martial has the same authority as a circuit court has under s. 971.17 (2) 975.55 to order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 973.004 or a mental examination as provided under s. 971.17 (2) (b), (c), and (e) 975.56 to assist the court-martial in determining whether to place the person in institutional care or to conditionally release the person.

SB82,160 Section 160. 322.0767 (2) (d) of the statutes is amended to read:

SB82,69,14 322.0767 (2) (d) If the court-martial specifies institutional care, the department of health services shall place the person in an institution as provided under s. 971.17 (3) (c) 975.57 (3). If the court-martial specifies conditional release, the department of health services, in conjunction with the person's county of residence, shall develop a plan for conditional release as provided under s. 971.17 (3) (d) 975.57 (4).

SB82,161 Section 161. 322.0767 (2) (e) of the statutes is amended to read:

SB82,69,20 322.0767 (2) (e) After the court-martial enters an order under this subsection and transfers custody of a person to the department of health services, the person shall be subject to s. 971.17 subch. III of ch. 975 and the circuit court for the county in which the person is institutionalized or where the person is placed on conditional release shall have jurisdiction in proceedings under s. 971.17 subch. III of ch. 975.

SB82,162 Section 162. 343.305 (9) (c) of the statutes is amended to read:

SB82,70,2 343.305 (9) (c) If a law enforcement officer informs the circuit or municipal court that a person has refused to submit to a test under sub. (3) (a), (am), or (ar), the court shall be prepared to hold any requested hearing to determine if the refusal was proper. The scope of the hearing shall be limited to the issues outlined in par. (a) 5. or (am) 5. Section 967.055 970.25 applies to any hearing under this subsection.

SB82,163 Section 163. 345.20 (1) (a) of the statutes is amended to read:

SB82,70,5 345.20 (1) (a) "Judge" has the meaning specified in s. 967.02 (6) means a judge of a court of record.

SB82,164 Section 164. 345.20 (2) (c) of the statutes is amended to read:

SB82,70,9 345.20 (2) (c) Sections 967.055 and 972.11 (3m) apply Section 970.25 applies to traffic forfeiture actions for violations of s. 346.63 (1) or (5) or a local ordinance in conformity therewith.

SB82,165 Section 165. 345.28 (3) (a) of the statutes is amended to read:

SB82,70,19 345.28 (3) (a) If the person does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified in the citation, within 28 days after the citation is issued, the authority that issued the citation may issue a summons under s. 968.04 (3) (b) 969.22 to the person and, in lieu of or in addition to issuing the summons, may proceed under sub. (4) or (5) but, except as provided in this section, no warrant may be issued for the person. If the person does not pay towing and storage charges associated with a citation for a nonmoving traffic violation, the authority that issued the citation may proceed under sub. (4).

SB82,166 Section 166. 345.28 (5) (b) 1. of the statutes is amended to read:

SB82,71,2 345.28 (5) (b) 1. If a person fails to respond to the notices under par. (a) within the time specified in the notice, a warrant that substantially complies with the mandatory provisions under s. 968.04 (3) (a) 969.21 (1) may be issued for the person, except that the warrant shall direct the officer to accept the person's deposit of money or his or her valid Wisconsin operator's license, as provided under subd. 2. a., in lieu of serving the warrant and arresting the person.

SB82,167 Section 167. 345.31 of the statutes is amended to read:

SB82,71,10 345.31 Venue in traffic regulation actions. Section 971.19 on place 970.14 on venue of trial in criminal actions applies to actions for the violation of traffic regulations and nonmoving traffic violations except that, in the case of a violation of an ordinance of a municipality which is located in more than one county, the action may be brought in any court sitting in that municipality even though in another county. As an alternative, the plaintiff may bring the action in the county where the defendant resides.

SB82,168 Section 168. 346.63 (2) (am) of the statutes is amended to read:

SB82,71,20 346.63 (2) (am) A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a) 1., 2., or 3. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a) 1., 2., or 3. in the complaint, the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of any combination of par. (a) 1., 2., or 3. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under ss. 343.30 (1q) and 343.305. Paragraph (a) 1., 2., and 3. each require proof of a fact for conviction which the others do not require.

SB82,169 Section 169. 346.63 (6) (b) of the statutes is amended to read:

SB82,72,5 346.63 (6) (b) A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of par. (a) or sub. (2) (a) 1. or both for acts arising out of the same incident or occurrence. If the person is charged with violating both par. (a) and sub. (2) (a) 1. in the complaint, the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of violating both par. (a) and sub. (2) (a) 1. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions. Paragraph (a) and sub. (2) (a) 1. each require proof of a fact for conviction which the other does not require.

SB82,170 Section 170. 346.74 (5) (e) of the statutes is repealed.

SB82,171 Section 171. 350.101 (2) (c) of the statutes is amended to read:

SB82,72,16 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a), (b), or (bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a), (b), or (bm) in the complaint, the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of any combination of par. (a), (b), or (bm) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), and (bm) each require proof of a fact for conviction which the others do not require.

SB82,172 Section 172. 551.602 (5) (b) of the statutes is amended to read:

SB82,72,19 551.602 (5) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82,173 Section 173. 553.55 (3) (b) of the statutes is amended to read:

SB82,72,22 553.55 (3) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82,174 Section 174. 601.62 (5) (b) of the statutes is amended to read:

SB82,72,25 601.62 (5) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82,175 Section 175. 631.95 (1) (c) of the statutes is amended to read:

SB82,73,3 631.95 (1) (c) "Domestic abuse" has the meaning given in s. 968.075 (1) (a) 969.27 (1) (a).

SB82,176 Section 176. 704.16 (1) (b) 4. of the statutes is amended to read:

SB82,73,6 704.16 (1) (b) 4. A condition of release under s. 974.09 or ch. 969 ordering the person not to contact the tenant.

SB82,177 Section 177. 704.16 (1) (b) 7. of the statutes is amended to read:

SB82,73,10 704.16 (1) (b) 7. A criminal complaint that was filed against the person as a result of the person being arrested for committing a domestic abuse offense against the tenant under s. 968.075 969.27.

SB82,178 Section 178. 704.16 (3) (b) 2. d. of the statutes is amended to read:

SB82,73,13 704.16 (3) (b) 2. d. A condition of release under s. 974.09 or ch. 969 ordering the offending tenant not to contact the other tenant.

SB82,179 Section 179. 704.16 (3) (b) 2. g. of the statutes is amended to read:

SB82,73,17 704.16 (3) (b) 2. g. A criminal complaint that was filed against the offending tenant as a result of the offending tenant being arrested for committing a domestic abuse offense against the other tenant under s. 968.075 969.27.

SB82,180 Section 180. 756.06 (2) (a) of the statutes is amended to read:

SB82,73,20 756.06 (2) (a) A jury in a criminal case shall consist of 12 persons unless both parties agree on a lesser number as provided in s. 972.02 972.025 (2).

SB82,181 Section 181. 756.06 (2) (c) of the statutes is amended to read:

SB82,73,23 756.06 (2) (c) A jury in a case involving an offense for which a forfeiture may be imposed or in an inquest under s. 979.05 968.025 shall consist of 6 persons.

SB82,182 Section 182. 757.54 (2) (a) 1. of the statutes is amended to read:

SB82,73,25 757.54 (2) (a) 1. "Custody" has the meaning given in s. 968.205 968.645 (1) (a).

SB82,183 Section 183. 757.54 (2) (a) 2. of the statutes is amended to read:

SB82,74,3 757.54 (2) (a) 2. "Discharge date" has the meaning given in s. 968.205 968.645 (1) (b).

SB82,184 Section 184. 757.69 (1) (b) of the statutes is amended to read:

SB82,74,14 757.69 (1) (b) In criminal matters issue summonses, arrest warrants, or search warrants, determine probable cause to support a warrantless arrest, conduct perform the duties of the court at an initial appearances of persons arrested appearance under s. 971.027, set bail, inform the defendant in accordance with s. 970.02 (1), refer the person to the authority for indigency determinations specified under s. 977.07 (1), conduct the preliminary examination and arraignment, and, with the consent of both the state and the defendant, accept a guilty plea. If a court refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court commissioner shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.

SB82,185 Section 185. 757.69 (1) (i) of the statutes is amended to read:

SB82,74,16 757.69 (1) (i) Conduct inquests under subch. I of ch. 979 968.

SB82,186 Section 186. 758.171 of the statutes is amended to read:

SB82,74,22 758.171 Judicial conference: uniform citation. The judicial conference shall adopt a uniform citation form for use as authorized under s. 968.085 969.24. A duly authenticated copy of this form shall be furnished to the secretary of state and kept on file in his or her office. The secretary of state shall transmit a copy of this form to the clerks of circuit court.

SB82,187 Section 187. 758.19 (5) (a) 5. of the statutes is repealed.

SB82,188 Section 188. 767.87 (4) (b) of the statutes is amended to read:

SB82,75,2 767.87 (4) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82,189 Section 189. 781.04 (1) of the statutes is amended to read:

SB82,75,6 781.04 (1) In an action or proceeding seeking the remedy available by habeas corpus, the court may admit the prisoner to bail in accordance with s. 974.09 or ch. 969.

SB82,190 Section 190. 785.03 (1) (b) of the statutes is amended to read:

SB82,75,17 785.03 (1) (b) Punitive sanction. The district attorney of a county, the attorney general or a special prosecutor appointed by the court may seek the imposition of a punitive sanction by issuing a complaint charging a person with contempt of court and reciting the sanction sought to be imposed. The district attorney, attorney general or special prosecutor may issue the complaint on his or her own initiative or on the request of a party to an action or proceeding in a court or of the judge presiding in an action or proceeding. The complaint shall be processed under chs. 967 to 973 and 975. If the contempt alleged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial of the contempt unless the person charged consents to the judge presiding at the trial.

SB82,191 Section 191. 800.035 (8) of the statutes is amended to read:

SB82,76,4 800.035 (8) If the defendant does not appear, but has made a deposit in the amount set for the violation, he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not exceeding the amount of the deposit. The court may impose any other penalties allowed by law. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the defendant fails to appear in response to the summons, the court may issue a warrant under s. 968.09 969.50. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.

SB82,192 Section 192. 801.02 (7) (a) 2. c. of the statutes is amended to read:

SB82,76,9 801.02 (7) (a) 2. c. A person bringing an action seeking relief from a judgment of conviction or a sentence of a court, including an action for an extraordinary writ or a supervisory writ seeking relief from a judgment of conviction or a sentence of a court or an action under s. 809.30, 809.40, 973.19 974.03, 974.06 or 974.07.

SB82,193 Section 193. 801.02 (7) (a) 2. e. of the statutes is amended to read:

SB82,76,13 801.02 (7) (a) 2. e. A person who is not serving a sentence for the conviction of a crime but who is detained, admitted or committed under ch. 51 or 55 or s. 971.14 (2) or (5) 975.32 or 975.34.

SB82,194 Section 194. 801.50 (5t) of the statutes is renumbered 801.50 (5t) (a) and amended to read:

SB82,76,25 801.50 (5t) (a) Except as otherwise provided in ss. 801.52 and 971.223 971.72 (1) and (2), venue in a civil action to impose a forfeiture upon a resident of this state for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, shall be in circuit court for the county where the defendant resides. For purposes of this subsection paragraph, a person other than a natural person resides within a county if the person's principal place of operation is located within that county. This subsection

SB82,77,3 (b) Paragraph (a) does not affect which prosecutor has responsibility under s. 978.05 (2) to prosecute civil actions arising from violations under s. 971.223 (1) described under par. (a).

SB82,195 Section 195. 801.52 of the statutes is amended to read:

SB82,77,15 801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose a forfeiture for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only as provided in s. 971.223 971.72 (1) and (2) or in the same manner that is authorized for a change in the venue of a criminal trial under s. 971.22 971.70. This section does not apply to proceedings under ch. 980.

SB82,196 Section 196. 807.05 of the statutes is amended to read:

SB82,77,22 807.05 Stipulations. No agreement, stipulation, or consent between the parties or their attorneys, in respect to the proceedings in an action or special proceeding shall be binding unless made in court or during a proceeding conducted under s. 807.13 or 967.08 967.14 and entered in the minutes or recorded by the reporter, or made in writing and subscribed by the party to be bound thereby or the party's attorney.