SB82: Bill Text

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.

SB82,197 Section 197. 808.04 (3) of the statutes is amended to read:

SB82,78,2 808.04 (3) Except as provided in subs. (4) and (7), an appeal in a proceeding under s. 971.17 subch. III of ch. 975, a criminal case, or a case under ch. 48, 51, 55, 938, or 980 shall be initiated within the time period specified in s. 809.30 (2) or 809.32 (2), whichever is applicable.

SB82,198 Section 198. 808.04 (4) of the statutes is amended to read:

SB82,78,7 808.04 (4) Except as provided in sub. (7m), an appeal by the state in a proceeding under s. 971.17 subch. III of ch. 975, a criminal case under s. 974.05, or a case under ch. 48, 938, or 980 shall be initiated within 45 days of entry of the judgment or order appealed from.

SB82,199 Section 199. 808.075 (4) (b) 4. of the statutes is amended to read:

SB82,78,11 808.075 (4) (b) 4. Commitment, conditional release, recommitment, and discharge under s. 971.17 subch. III of ch. 975 of a person found not guilty by reason of mental disease or defect.

SB82,200 Section 200. 808.075 (4) (g) 1. of the statutes is amended to read:

SB82,78,14 808.075 (4) (g) 1. Release on bond conditions under s. 809.31 or 969.01 (2) 974.09 or ch. 969.

SB82,201 Section 201. 808.075 (4) (g) 2. of the statutes is amended to read:

SB82,78,17 808.075 (4) (g) 2. Modification or revocation of bond under s. 969.01 (2) (e) or 969.08 conditions of release under s. 974.09 (2) or ch. 969.

SB82,202 Section 202. 808.075 (4) (g) 7. of the statutes is amended to read:

SB82,78,21 808.075 (4) (g) 7. Commitment, conditional release, recommitment, and discharge under s. 971.17 subch. III of ch. 975 of a person found not guilty by reason of mental disease or defect.

SB82,203 Section 203. Subchapter III (title) of chapter 809 [precedes 809.30] of the statutes is amended to read:

SB82,78,24 chapter 809

SB82,78,25 Subchapter III

SB82,79,5 APPEAL PROCEDURE IN COURT OF APPEALS IN S. 971.17 PROCEEDINGS under subch. III of ch. 975 AND IN CRIMINAL AND CH. 48, 51, 55, 938, AND 980 CASES

SB82,204 Section 204. 809.30 (title) of the statutes is amended to read:

SB82,79,8 809.30 (title) Rule (Appeals in s. 971.17 proceedings under subch. III of ch. 975 and in criminal, ch. 48, 51, 55, 938, and 980 cases).

SB82,205 Section 205. 809.30 (1) (a) of the statutes is amended to read:

SB82,79,13 809.30 (1) (a) "Final adjudication" means the entry of a final judgment or order by the circuit court in a s. 971.17 proceeding under subch. III of ch. 975, in a criminal case, or in a ch. 48, 51, 55, 938, or 980 case, other than a termination of parental rights case under s. 48.43 or a parental consent to abortion case under s. 48.375 (7).

SB82,206 Section 206. 809.30 (1) (b) 4. of the statutes is amended to read:

SB82,79,16 809.30 (1) (b) 4. A subject individual or ward seeking postdisposition relief in a s. 971.17 proceeding under subch. III of ch. 975 or a case under ch. 51, 55, or 980.

SB82,207 Section 207. 809.30 (1) (c) of the statutes is amended to read:

SB82,79,22 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m) or (9g), 973.19, 973.195, 973.198, 974.03, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).

SB82,208 Section 208. 809.30 (1) (e) of the statutes is amended to read:

SB82,80,2 809.30 (1) (e) "Prosecutor" means a district attorney, corporation counsel, or other attorney authorized by law to represent the state in a criminal case, a proceeding under s. 971.17 subch. III of ch. 975, or a case under ch. 48, 51, 55, 938, or 980.

SB82,209 Section 209. 809.30 (2) (a) of the statutes is amended to read:

SB82,80,13 809.30 (2) (a) Appeal procedure; counsel to continue. A person seeking postconviction relief in a criminal case; a person seeking postdisposition relief in a case under ch. 48 other than a termination of parental rights case under s. 48.43 or a parental consent to abortion case under s. 48.375 (7); or a person seeking postdisposition relief in a s. 971.17 proceeding under subch. III of ch. 975 or in a case under ch. 51, 55, 938, or 980 shall comply with this section. Counsel representing the person at sentencing or at the time of the final adjudication shall continue representation by filing a notice under par. (b) if the person desires to pursue postconviction or postdisposition relief unless counsel is discharged by the person or allowed to withdraw by the circuit court before the notice must be filed.

SB82,210 Section 210. 809.30 (2) (d) of the statutes is amended to read:

SB82,80,24 809.30 (2) (d) Indigency redetermination. Except as provided in this paragraph, whenever a person whose trial counsel is appointed by the state public defender files a notice under par. (b) requesting public defender representation for purposes of postconviction or postdisposition relief, the prosecutor may, within 5 days after the notice is served and filed, file in the circuit court and serve upon the state public defender a request that the person's indigency be redetermined before counsel is appointed or transcripts are requested. This paragraph does not apply to a child who is entitled to be represented by counsel under s. 48.23 or 938.23 or to a person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), or 55.105, or 938.23.

SB82,211 Section 211. 809.30 (2) (m) of the statutes is created to read:

SB82,81,3 809.30 (2) (m) Entry after filing notice. If the record discloses that the judgment or order appealed from was entered after the notice under this section was filed, the notice shall be treated as filed after that entry on the day of the entry.

SB82,212 Section 212. 809.31 (6) of the statutes is amended to read:

SB82,81,7 809.31 (6) The court ordering release shall require the defendant to post a bond in accordance with s. 969.09 974.09 (2) and may impose other terms and conditions. The defendant shall file the bond in the trial court.

SB82,213 Section 213. 814.22 (1) (intro.) of the statutes is amended to read:

SB82,81,15 814.22 (1) (intro.) In all proceedings, including criminal actions, if a change of venue is had (, except in cases where the change of venue is made because the action was not brought in the proper county),, if the jury is selected for use in another county under s. 971.225 971.71, or   if an action, occupying a day or more, is tried outside the county wherein pending, the county in which the action was commenced shall pay to the county in which the action is tried or the jury is selected the following expenses arising out of the change of venue or jury selection:

SB82,214 Section 214. 814.69 (1) (a) of the statutes is amended to read:

SB82,81,20 814.69 (1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per 25-line page for the original and 50 cents per 25-line page for the duplicate. Except as provided in s. 967.06 (3) 977.072, the fee shall be paid by the county treasurer upon the certificate of the clerk of court.

SB82,215 Section 215. 885.01 (2) of the statutes is amended to read:

SB82,81,25 885.01 (2) By an attorney of record in a criminal action, or by the attorney general or any district attorney or person acting in his or her stead, to require the attendance of witnesses, in behalf of the state, a witness for a deposition, or for a hearing or trial in any court or before any magistrate, and from any part of the state.

SB82,216 Section 216. 885.15 (2) of the statutes is amended to read:

SB82,82,3 885.15 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82,217 Section 217. 885.24 (2) of the statutes is amended to read:

SB82,82,6 885.24 (2) The immunity provided under sub. (1) is subject to the restrictions under s. 972.085 967.18.

SB82,218 Section 218. 885.25 (2m) of the statutes is amended to read:

SB82,82,9 885.25 (2m) The immunity provided under sub. (2) is subject to the restrictions under s. 972.085 967.18.

SB82,219 Section 219. 885.365 (1) of the statutes is amended to read:

SB82,82,14 885.365 (1) Evidence obtained as the result of the use of voice recording equipment for recording of telephone conversations, by way of interception of a communication or in any other manner, shall be totally inadmissible in the courts of this state in civil actions, except as provided in ss. 968.28 968.315 to 968.37 968.405.

SB82,220 Section 220. 885.64 (2) of the statutes is amended to read:

SB82,82,21 885.64 (2) All circuit court proceedings, with the exception of proceedings pursuant to s. 972.11 (2m) 972.20, that are conducted by videoconference, interactive video and audio transmission, audiovisual means, live audiovisual means, closed-circuit audiovisual, or other interactive electronic communication with a video component, shall be conducted in accordance with the provisions of this subchapter.

SB82,221 Section 221. 891.39 (1) (b) of the statutes is amended to read:

SB82,83,5 891.39 (1) (b) In actions affecting the family, in which the question of paternity is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian ad litem's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06 767.407 (6). If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

SB82,222 Section 222. 891.39 (2) (b) of the statutes is amended to read:

SB82,83,8 891.39 (2) (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085 967.18.

SB82,223 Section 223. 893.93 (1) (d) of the statutes is amended to read:

SB82,83,10 893.93 (1) (d) An action under s. 968.31 968.345.

SB82,224 Section 224. 895.01 (1) (am) 7. of the statutes is amended to read:

SB82,83,13 895.01 (1) (am) 7. Causes of action for a violation of s. 968.31 968.345 (2m) or other damage to the person.

SB82,225 Section 225. 895.34 of the statutes is amended to read:

SB82,84,2 895.34 Renewal of sureties upon becoming insufficient and effects thereof. If any bail bond, recognizance, undertaking or other bond or undertaking given in any civil or criminal action or proceeding, becomes at any time insufficient, the court or judge thereof, municipal judge or any magistrate before whom such action or proceeding is pending, may, upon notice, require the plaintiff or defendant to give a new bond, recognizance or undertaking. Every person becoming surety on any such new bond, recognizance or undertaking is liable from the time the original was given, the same as if he or she had been the original surety. If any person fails to comply with the order made in the case the adverse party is entitled to any order, judgment, remedy or process to which he or she would have been entitled had no bond, recognizance or undertaking been given at any time. This section does not apply to a modification of a condition of release under s. 969.33 (7).

SB82,226 Section 226. 895.446 (4) of the statutes is amended to read:

SB82,84,6 895.446 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act or as recompense under s. 969.13 (5) (a) 969.42 for the same act.

SB82,227 Section 227. 895.45 (1) (a) of the statutes is amended to read:

SB82,84,12 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 49.165 (1) (a), 813.12 (1) (am), or 968.075 969.27 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

SB82,228 Section 228. 895.46 (9) (a) (intro.) and 2. and (b) (intro.) and 2. of the statutes are amended to read:

SB82,84,19 895.46 (9) (a) (intro.) The state shall reimburse a state officer or state employee for reasonable attorney fees and costs incurred by the officer or employee in connection with a John Doe proceeding under s. 968.26 968.105 (2) arising from the officer's or employee's conduct in the performance of official duties if all the following apply:

SB82,84,21 2. The officer or employee is not convicted of a crime arising from the conduct that is the subject of any criminal complaint issued under s. 968.26 968.105 (2) (d).

SB82,84,25 (b) (intro.) The state shall reimburse a state officer or state employee for reasonable attorney fees and costs incurred by the officer or employee in defending a criminal complaint issued under s. 968.26 968.105 (2) (d) arising from the officer's or employee's conduct in the performance of official duties if all of the following apply:

SB82,85,2 2. The officer or employee is not convicted of a crime arising from the conduct that is the subject of the criminal complaint issued under s. 968.26 968.105 (2) (d).

SB82,229 Section 229. 895.54 of the statutes is amended to read:

SB82,85,7 895.54 Liability exemption; notification of release. A person is immune from any liability regarding any act or omission regarding the notification of any applicable office or person under s. 51.37 (10), 304.06 (1), 971.17 (4m) or (6m) 975.62, or 980.11. This section does not apply to willful or wanton acts or omissions.

SB82,230 Section 230. 901.01 of the statutes is amended to read:

SB82,85,10 901.01 Scope. Chapters 901 to 911 govern proceedings in the courts of the state of Wisconsin except as provided in ss. 911.01 and 972.11 967.24.

SB82,231 Section 231. 901.04 (1) of the statutes is amended to read: