AB383,299,7 971.57 Nontestimonial discovery from 3rd parties. (1) Upon motion of a defendant, the court may issue a subpoena requiring an individual to participate in a procedure to obtain nontestimonial evidence under s. 971.56 (1) if an affidavit or testimony shows probable cause to believe that the individual to be subpoenaed committed the crime with which the defendant is charged and that the evidence sought is necessary to an adequate defense and cannot practicably be obtained from other sources.

AB383,299,9 (2) A motion and order under sub. (1) shall specify with particularity the following information if appropriate:

AB383,299,10 (a) The authorized procedure.

AB383,299,11 (b) The scope of the 3rd party's participation.

AB383,299,13 (c) The time, duration, and place of the procedure and other conditions under which it is to be conducted.

AB383,299,14 (d) The name or job title of the person who is to conduct the procedure.

AB383,299,19 (3) Any party or any person subpoenaed under this section may move to quash the subpoena if the defendant has not shown grounds for the subpoena or if compliance would subject the person subpoenaed to an undue burden, require the disclosure of information that is privileged or otherwise protected from disclosure, or otherwise be unreasonable.

AB383,968 Section 968. 971.58 (title) of the statutes is created to read:

AB383,299,21 971.58 (title) Compelling certain examinations prohibited.

AB383,969 Section 969. Subchapter V (title) of chapter 971 [precedes 971.65] of the statutes is created to read:

AB383,299,24 chapter 971

AB383,299,25 Subchapter V

AB383,300,1 motions

AB383,970 Section 970. 971.65 (title) of the statutes is created to read:

AB383,300,3 971.65 (title) Pretrial motions.

AB383,971 Section 971. 971.65 (2) of the statutes is created to read:

AB383,300,7 971.65 (2) Time for filing. A motion under this section shall be filed within the time set in the scheduling order. If there is no scheduling order, the motion shall be filed not later than 15 days before trial, unless otherwise permitted by the court.

AB383,972 Section 972. 971.66 of the statutes is created to read:

AB383,300,13 971.66 Motions to dismiss asserting that a statute is unconstitutional. If a defendant moves to dismiss a criminal prosecution by asserting that the statute under which he or she is charged violates the United States or Wisconsin Constitution, the defendant must serve a copy of the motion on the attorney general under s. 806.04 (11) as well as on the district attorney.

AB383,973 Section 973. 971.68 (title), (1) and (3) of the statutes are created to read:

AB383,300,16 971.68 (title) Joinder and severance motions. (1) In general. Either party may move for joinder or relief from misjoinder or prejudicial joinder under s. 970.13.

AB383,300,21 (3) Codefendant's statements. If a defendant moves for severance because a codefendant's out-of-court statement refers to, but is not admissible against, the movant, the court shall determine whether the state intends to offer the statement in evidence as part of its case in chief. If so, the court shall require the district attorney to elect one of the following:

AB383,300,22 (a) A joint trial at which the statement is not received in evidence.

AB383,300,25 (b) A joint trial at which the statement is received in evidence only after all references to the movant have been deleted, if admission of the statement with the deletions made will not prejudice the movant.

AB383,301,1 (c) A separate trial for the movant.

AB383,301,3 (d) With the approval of the court, a separate jury for each defendant sitting in a single trial.

AB383,974 Section 974. 971.69 of the statutes is created to read:

AB383,301,9 971.69 Pretrial dismissal of complaint. (1) A defendant may move for pretrial dismissal of the complaint or of any count in the complaint. The defendant may provide one or more affidavits in support of the motion. The motion shall state with particularity the grounds upon which it is based and shall specify all of the following:

AB383,301,12 (a) The elements of the crime charged or other facts the state is required to prove at trial that the defendant believes the state cannot prove because there is no genuine issue as to any material fact.