SB82-SSA1,704 Section 704. 971.12 (3) of the statutes is renumbered 971.68 (2) and amended to read:

SB82-SSA1,211,2 971.68 (2) Relief from prejudicial joinder. If it appears that a defendant or the state is prejudiced by a joinder of crimes or of defendants in a complaint, information or indictment or by such joinder for trial together, the court may order separate trials of counts, grant a severance of charges or defendants or provide whatever other relief justice requires. The district attorney shall advise the court prior to trial if the district attorney intends to use the statement of a codefendant which implicates another defendant in the crime charged. Thereupon, the judge shall grant a severance as to any such defendant.

SB82-SSA1,705 Section 705. 971.12 (4) of the statutes is renumbered 971.67, and 971.67 (title), as renumbered, is amended to read:

SB82-SSA1,211,5 971.67 (title) Trial together Joint trial of separate charges.

SB82-SSA1,706 Section 706. 971.13 of the statutes is renumbered 971.80, and 971.80 (3) and (4), as renumbered, are amended to read:

SB82-SSA1,211,11 971.80 (3) The fact that a defendant is not competent to proceed does not preclude any legal objection to the prosecution under s. 971.31 which 971.65 that is susceptible of fair determination prior to trial and without the personal participation of the defendant.

SB82-SSA1,211,16 (4) The fact that a defendant is not competent to proceed does not preclude a hearing under s. 968.38 968.725 (4) or (5) unless the court cannot fairly make the probable cause finding required to be made at the hearing cannot be fairly made under s. 968.725 (4) or (5), whichever is applicable, without the personal participation of the defendant.

SB82-SSA1,707 Section 707. 971.14 of the statutes is renumbered 971.81, and 971.81 (1r) (c) and (6) (d), as renumbered, are amended to read:

SB82-SSA1,212,5 971.81 (1r) (c) Except as provided in par. (b), the court shall not proceed under sub. (2) until it has found that it is probable that the defendant committed the offense charged. The finding may be based upon the complaint or, if the defendant submits an affidavit alleging with particularity that the averments of the complaint are materially false, upon the complaint and the evidence presented at a hearing ordered by the court. The defendant may call and cross-examine witnesses at a hearing under this paragraph but the court shall limit the issues and witnesses to those required for determining probable cause. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audiovisual means. If the court finds that any charge lacks probable cause, it shall dismiss the charge without prejudice and release the defendant except as provided in s. 971.31 (6) 971.65 (5).

SB82-SSA1,212,15 (6) (d) Counsel who have received notice under par. (c) or who otherwise obtain information that a defendant discharged under par. (a) may have become competent may move the court to order that the defendant undergo a competency examination under sub. (2). If the court so orders, a report shall be filed under sub. (3) and a hearing held under sub. (4). If the court determines that the defendant is competent, the criminal proceeding shall be resumed. If the court determines that the defendant is not competent, it shall release him or her but may impose such reasonable nonmonetary conditions as will protect the public and enable the court and district attorney to discover whether the person defendant subsequently becomes competent.

SB82-SSA1,708 Section 708. 971.15 of the statutes is renumbered 971.82, and 971.82 (2), as renumbered, is amended to read:

SB82-SSA1,212,20 971.82 (2) As used in this chapter, the terms term "mental disease or defect" do does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

SB82-SSA1,709 Section 709. 971.16 of the statutes is renumbered 971.83.

SB82-SSA1,710 Section 710. 971.165 of the statutes is renumbered 971.84, and 971.84 (3) (a) and (b), as renumbered, are amended to read:

SB82-SSA1,213,3 971.84 (3) (a) If a defendant is not found not guilty by reason of mental disease or defect, the court shall enter a judgment of conviction and shall either impose or withhold sentence under s. 972.13 978.28 (2).

SB82-SSA1,213,8 (b) If a defendant is found not guilty by reason of mental disease or defect, the court shall enter a judgment of not guilty by reason of mental disease or defect. The court shall thereupon proceed under s. 971.17 971.85. A judgment entered under this paragraph is interlocutory to the commitment order entered under s. 971.17 971.85 and reviewable upon appeal therefrom.

SB82-SSA1,711 Section 711. 971.17 of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 971.85, and 971.85 (2) (a) and (3) (b) and (c), as renumbered, are amended to read:

SB82-SSA1,213,19 971.85 (2) (a) The court shall enter an initial commitment order under this section pursuant to a hearing held as soon as practicable after the judgment of not guilty by reason of mental disease or mental defect is entered. If the court lacks sufficient information to make the determination required by sub. (3) immediately after trial, it may adjourn the hearing and order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 973.004 or a supplementary mental examination or both, to assist the court in framing the commitment order.

SB82-SSA1,214,2 (3) (b) If the state proves by clear and convincing evidence that the person is not competent to refuse medication or treatment for the person's mental condition, under the standard specified in s. 971.16 971.83 (3), the court shall issue, as part of the commitment order, an order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards.

SB82-SSA1,215,6 (c) If the court order specifies institutional care, the department of health services shall place the person in an institution under s. 51.37 (3) that the department considers appropriate in light of the rehabilitative services required by the person and the protection of public safety. If the person is not subject to a court order determining the person to be not competent to refuse medication or treatment for the person's mental condition and if the institution in which the person is placed determines that the person should be subject to such a court order, the institution may file with the court, with notice to the person and his or her counsel and the district attorney, a motion for a hearing, under the standard specified in s. 971.16 971.83 (3), on whether the person is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the person needs medication or treatment and that the person is not competent to refuse medication or treatment, based on an examination of the person by a licensed physician. Within 10 days after a motion is filed under this paragraph, the court shall determine the person's competency to refuse medication or treatment for the person's mental condition. At the request of the person, his or her counsel or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph. If the district attorney, the person and his or her counsel waive their respective opportunities to present other evidence on the issue, the court shall determine the person's competency to refuse medication or treatment on the basis of the report accompanying the motion. In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. If the state proves by evidence that is clear and convincing that the person is not competent to refuse medication or treatment, under the standard specified in s. 971.16 971.83 (3), the court shall order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards.

SB82-SSA1,712 Section 712. 971.18 of the statutes is renumbered 971.86.

SB82-SSA1,713 Section 713. 971.19 of the statutes, as affected by 2015 Wisconsin Act 89, is renumbered 970.14, and 970.14 (title), (1), (2), (3), (4), (5), (6), (8), (9) (intro.), (10), (11) and (12), as renumbered, are amended to read:

SB82-SSA1,215,13 970.14 (title) Place of trial Venue. (1) Criminal actions Trials shall be tried in the county where the crime was committed, except as otherwise provided in this section or in s. 971.09.

SB82-SSA1,215,17 (2) Where 2 or more acts are requisite to the commission of any offense crime requires 2 or more acts, the trial may be in any county in which any of such acts occurred. In a case involving a charge of conspiracy under s. 939.31, the trial may be in any county in which a conspiratorial act took place.

SB82-SSA1,215,20 (3) Where an offense a crime is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried trial may be in any of such counties.

SB82-SSA1,215,25 (4) If a crime is committed in, on, by use of, or against any vehicle passing through or within this state, and it cannot readily be determined in which county the crime was committed, the defendant may be tried trial may be in any county through which such vehicle has passed or in the county where the defendant's travel commenced or terminated in which the vehicle has traveled.

SB82-SSA1,216,4 (5) If the act causing death is in one county and the death ensues in another, the defendant may be tried trial may be in either county. If neither location can readily be determined, the defendant may be tried trial may be in the county where the body is found.

SB82-SSA1,216,7 (6) If an offense is commenced outside the state and is consummated within the state, the defendant may be tried trial may be in the county where the offense was consummated.

SB82-SSA1,216,10 (8) In an action for a violation of s. 948.31, the defendant may be tried trial may be in the county where the crime was committed or the county of lawful residence of the child.