AB90,274,16
11(9) (intro.) In an action under s. 301.45 (6) (a) or (ag), the
defendant may be tried 12trial may be in the defendant's county of residence at the time that the complaint is
13filed. If the defendant does not have a county of residence in this state at the time
14that the complaint is filed, or if the defendant's county of residence is unknown at the
15time that the complaint is filed,
defendant may be tried trial may be in any of the
16following counties:
AB90,274,22
17(10) In an action under s. 30.547 for intentionally falsifying an application for
18a certificate of number, a registration or a certificate of title, the
defendant may be
19tried trial may be in the defendant's county of residence at the time that the
20complaint is filed, in the county where the defendant purchased the boat if purchased
21from a dealer
, or the county where the department of natural resources received the
22application.
AB90,275,3
23(11) In an action under s. 943.201, the
defendant may be tried trial may be in
24the county where the victim or intended victim resided at the time of the offense or
25in any other county designated under this section. In an action under s. 943.203, the
1defendant may be tried trial may be in the county where the victim or intended victim
2was located at the time of the offense or in any other county designated under this
3section.
AB90,275,12
4(12) Except as provided in s.
971.223
971.72, in an action for a violation of chs.
55 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law
6arising from or in relation to the official functions of the subject of the investigation
7or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to
812, subch. III of ch. 13, or subch. III of ch. 19 a
defendant who is trial for a resident
9of this state shall be
tried in
circuit the court for the county where the
defendant 10person resides. For purposes of this subsection, a person other than a natural person
11resides within a county if the person's principal place of operation is located within
12that county.
AB90,866
13Section
866. 971.20 of the statutes is renumbered 967.16, and 967.16 (9) and
14(10), as renumbered, are amended to read:
AB90,275,1815
967.16
(9) Judge's authority to act. Upon the filing of a request for
16substitution in proper form and within the proper time, the judge whose substitution
17has been requested has no authority to act further in the action except to conduct the
18initial appearance, accept pleas
, and set
bail conditions of release.
AB90,275,20
19(10) Form of request. A request for substitution of a judge may be made in the
20following form:
AB90,275,2121
STATE OF WISCONSIN
AB90,275,2222
CIRCUIT COURT
AB90,275,2323
.... County
AB90,275,2424
State of Wisconsin
AB90,276,1
1....(Defendant)
AB90,276,32
Pursuant to s.
971.20 967.16 the defendant (or defendants) request (s) a
3substitution for the Hon. .... as judge in the above entitled action.
AB90,276,44
Dated ...., .... (year)
AB90,276,55
....(Signature of defendant or defendant's attorney)
AB90,867
6Section
867. 971.22 of the statutes is renumbered 971.70, and 971.22 (2) and
7(3), as renumbered, are amended to read:
AB90,276,108
971.70
(2) The motion shall be in writing and supported by
an affidavit
which
9shall state stating evidentiary facts showing the nature of the prejudice alleged. The
10district attorney may file counter affidavits.
AB90,276,22
11(3) If the court determines that
there exists prejudice in the county where the
12action is pending
such prejudice that will prevent a fair trial
cannot be had, it shall
13order that conduct the trial
be held in any county where
an impartial a fair trial can
14be had
. Only one change may be granted under this subsection. The judge who
15orders the change in the place of trial shall preside at the trial. Preliminary matters
16prior to trial may be conducted in either county at the discretion of the court. The
17judge or, if the requirements under s. 971.71 (1) are satisfied, order the selection of
18a jury from another county under s. 971.71 (2). If the court conducts the trial in
19another county, it shall determine where the defendant, if he or she is in custody,
20shall be held and where the record shall be kept.
If the criteria under s. 971.225 (1)
21(a) to (c) exist, the court may proceed under s. 971.225 (2) The court, in its discretion,
22may conduct pretrial matters in either county.
AB90,868
23Section
868. 971.223 of the statutes is renumbered 971.72, and 971.72 (3) and
24(4), as renumbered, are amended to read:
AB90,277,3
1971.72
(3) This section does not affect which prosecutor has responsibility
2under s. 978.05 (1) to prosecute criminal actions
arising from violations described 3under sub. (1).
AB90,277,6
4(4) This section does not affect the application of s.
971.22 971.70. In actions
5described under sub. (1), the court may enter an order under s.
971.225 971.71 only
6if the order is agreed to by the defendant.
AB90,869
7Section
869. 971.225 (title) of the statutes is renumbered 971.71 (title).
AB90,870
8Section
870. 971.225 (1) (intro.), (a) and (c) of the statutes are renumbered
9971.71 (1) (intro.), (a) and (b), and 971.71 (1) (intro.) and (a), as renumbered, are
10amended to read:
AB90,277,1311
971.71
(1) (intro.)
In lieu of If there are grounds for changing the place of trial
12under s.
971.22 (3) or 971.223 971.70 (3) or 971.72 and all of the following conditions
13are satisfied, the court may require the selection of a jury under sub. (2)
if:
AB90,277,1514
(a) The court has decided to sequester the jurors after the commencement of
15the trial, as provided in s.
972.12; 972.05.
AB90,871
16Section
871. 971.225 (1) (b) of the statutes is repealed.
AB90,872
17Section
872. 971.225 (2) of the statutes is renumbered 971.71 (2) and amended
18to read:
AB90,277,2319
971.71
(2) If the court decides to proceed under this section it shall follow the
20procedure under s.
971.22 971.70 until the jury is chosen in the 2nd county. At that
21time, the proceedings shall return to the original county using the jurors selected in
22the 2nd county. The original county shall reimburse the 2nd county for all applicable
23costs under s. 814.22.