SB82,903
7Section
903. 971.23 (8) (b) of the statutes is repealed.
SB82,904
8Section
904. 971.23 (8) (c) of the statutes is repealed.
SB82,905
9Section
905. 971.23 (8) (d) of the statutes is renumbered 971.43 (5) and
10amended to read:
SB82,284,1911
971.43
(5) Alibi rebuttal. Within 20 days after receipt of the If the defendant
12has provided notice of
an alibi
, or such other time as the court orders defense under
13s. 971.44 (4), the district attorney shall
furnish the defendant notice in writing of,
14within 20 days after receipt of such notice unless otherwise provided in the
15scheduling order, disclose the names and addresses, if known, of any witnesses whom
16the
state proposes to offer in rebuttal to discredit the defendant's alibi. In default of
17such notice, no rebuttal evidence on the alibi issue shall be received unless the court,
18for cause, orders otherwise district attorney intends to call in rebuttal to discredit the
19defendant's alibi.
SB82,906
20Section
906. 971.23 (8) (e) of the statutes is repealed.
SB82,907
21Section
907. 971.23 (9) of the statutes is renumbered 971.47 and amended to
22read:
SB82,284,24
23971.47 Deoxyribonucleic acid evidence.
(1) In this
subsection section, 24"deoxyribonucleic acid profile" has the meaning given in s. 939.74 (2d) (a).
SB82,285,9
1(2) Notwithstanding
sub. (1) (e) or (2m) (am), if either s. 971.46, a party
who 2intends to
submit offer deoxyribonucleic acid profile evidence at a trial to prove or
3disprove the identity of a person
, the party seeking to introduce the evidence shall
4notify the other party
of the intent to introduce the evidence in writing by mail at
5least 45 days before the date set for trial
; and shall provide the other party of his or
6her intent to offer the evidence and, within 15 days
of after receiving a request
, the 7from the other party, shall provide him or her the information and material
identified
8under sub. (1) (e) or (2m) (am), whichever is appropriate, described in s. 971.46 that
9relates to the evidence.
SB82,285,15
10(3) The court shall exclude deoxyribonucleic acid profile evidence at trial
, if the
11notice and production deadlines under
par. (b) sub. (2) are not met, except the court
12may waive the 45 day notice requirement or may extend the 15 day production
13requirement upon stipulation of the parties
, or for good cause, if the court finds that
14no party will be prejudiced by the waiver or extension.
The court may in In 15appropriate cases
the court may grant the opposing party a recess or continuance.
SB82,908
16Section
908. 971.23 (10) (title) of the statutes is repealed.
SB82,909
17Section
909. 971.23 (10) of the statutes is renumbered 971.51 (2).
SB82,910
18Section
910. 971.23 (11) of the statutes is renumbered 971.515, and 971.515
19(1) (intro.) and (a), (3) (a) and (b) and (4), as renumbered, are amended to read:
SB82,285,2020
971.515
(1) (intro.) In this
subsection section:
SB82,285,2421
(a) "Defense" means the defendant, his or her attorney, and any individual
22retained by the defendant or his or her attorney for the purpose of providing
23testimony if the testimony is expert testimony that relates to an item or material
24included under
par. (b) sub. (2).
SB82,286,9
1(3) (a) Notwithstanding
sub. (1) (e) and (g) s. 971.43 (2) (j), a court shall deny
2any request by the defense to provide, and a district attorney or law enforcement
3agency may not provide to the defense, any item or material required in
par. (b) sub.
4(2) to remain in the possession, custody, and control of a law enforcement agency or
5court, except that a court may order that a copy of an item or material included under
6par. (b) sub. (2) be provided to the defense if that court finds that a copy of the item
7or material has not been made reasonably available to the defense. The defense shall
8have the burden to establish that the item or material has not been made reasonably
9available.
SB82,286,1510
(b) If a court orders under
subd. 1. par. (a) a copy of an item or material included
11under
par. (b) sub. (2) to be provided to the defense, the court shall enter a protective
12order under
sub. (6) s. 971.52 (1) that includes an order that the copy provided to the
13defense may not be copied, printed, or disseminated by the defense and shall be
14returned to the court or law enforcement agency, whichever is appropriate, at the
15completion of the trial.
SB82,286,18
16(4) Any item or material that is required under
par. (b) sub. (2) to remain in
17possession, custody, and control of a law enforcement agency or court is not subject
18to the right of inspection or copying under s. 19.35 (1).
SB82,911
19Section
911. 971.26 of the statutes is renumbered 970.11.
SB82,912
20Section
912. 971.27 of the statutes is renumbered 970.12 and amended to
21read:
SB82,287,2
22970.12 Lost or destroyed information, or complaint or indictment. In
23the case of the loss or destruction of an information or complaint
If a complaint or
24information is lost or destroyed, the district attorney may file a copy,
and the
25prosecution shall proceed without delay from that cause. In the case of the loss or
1destruction of an indictment, an information may be filed
which shall have the same
2effect as the original.
SB82,913
3Section
913. 971.29 (title) of the statutes is renumbered 970.09 (title) and
4amended to read:
SB82,287,5
5970.09 (title)
Amending the charge complaint or information.
SB82,914
6Section
914. 971.29 (1) of the statutes is renumbered 970.09 (1) and amended
7to read:
SB82,287,108
970.09
(1) A complaint or information may be amended at any time prior to 9At any time before arraignment
, the district attorney may amend the complaint or
10information without leave of the court.
SB82,915
11Section
915. 971.29 (2) of the statutes is renumbered 970.09 (3) and amended
12to read:
SB82,287,1513
970.09
(3) At the trial, the The court may allow
amendment of the district
14attorney to amend the complaint
, indictment or information
at trial to conform to the
15proof where such amendment is not prejudicial to the defendant.
SB82,287,18
16(4) After verdict the
pleading
complaint shall be deemed amended
as to
17technical variances to conform to the proof if no objection to the relevance of the
18evidence was timely raised upon the trial.
SB82,916
19Section
916. 971.29 (3) of the statutes is repealed.
SB82,917
20Section
917. 971.30 (title) and (1) of the statutes are repealed.