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.
AB90,873 24Section 873. 971.23 (title) of the statutes is repealed.
AB90,874
1Section 874. 971.23 (1) (intro.) of the statutes is renumbered 971.43 (2) (intro.)
2and amended to read:
AB90,278,103 971.43 (2) What a district attorney must disclose to a defendant Material
4to be disclosed
. (intro.) Upon demand, the The district attorney shall, within a
5reasonable time before trial,
disclose to the defendant or his or her attorney defense
6the following material and information, not previously disclosed before or at the
7initial appearance,
and permit the defendant or his or her attorney to inspect and
8copy or photograph all of the following materials and information, if it is within the
9possession, custody or control of the state
inspection, copying, and photographing of
10disclosed documents or tangible objects
:
AB90,875 11Section 875. 971.23 (1) (a) of the statutes is renumbered 971.43 (2) (a) and
12amended to read:
AB90,278,1613 971.43 (2) (a) Any written or recorded statement concerning the alleged crime
14made by the defendant, including the testimony of the defendant in a secret John Doe
15proceeding under s. 968.26 968.105, at an inquest, or before a grand jury, and the
16names of witnesses to the defendant's written or recorded statements.
AB90,876 17Section 876. 971.23 (1) (b) of the statutes is renumbered 971.43 (2) (c) and
18amended to read:
AB90,278,2119 971.43 (2) (c) A written summary of all oral statements of the defendant which
20that the district attorney plans to use in the course of the at trial and the names of
21witnesses to the defendant's oral statements.
AB90,877 22Section 877. 971.23 (1) (bm) of the statutes is renumbered 971.43 (2) (d) and
23amended to read:
AB90,278,2524 971.43 (2) (d) Evidence obtained in the manner described under s. 968.31
25968.345 (2) (b), if the district attorney intends to use the evidence at trial.
AB90,878
1Section 878. 971.23 (1) (c) of the statutes is renumbered 971.43 (2) (g).
AB90,879 2Section 879. 971.23 (1) (d) of the statutes is renumbered 971.45 and amended
3to read:
AB90,279,9 4971.45 Witness lists. A Upon demand by the other party, a party shall
5provide a
list of all witnesses and their addresses whom the district attorney he or
6she
intends to call at the trial. The list shall include each witness's name and address
7and shall be provided not less than 10 days before trial or at another time set by the
8court.
This paragraph section does not apply to rebuttal witnesses or those witnesses
9called for impeachment only.
AB90,880 10Section 880. 971.23 (1) (e) of the statutes is renumbered 971.46 (2) and
11amended to read:
AB90,279,1812 971.46 (2) Any relevant written or recorded statements of a witness named on
13a list under par. (d), including any audiovisual recording of an oral statement of a
14child under s. 908.08,
Furnish any reports or statements of experts made in
15connection with the case or, if an expert does not prepare a report or statement, a
16written summary of the expert's findings or the subject matter of his or her testimony,
17and the results of any physical or mental examination, scientific test, experiment,
18or comparison that the district attorney party intends to offer in evidence at trial.
AB90,881 19Section 881. 971.23 (1) (f) of the statutes is renumbered 971.43 (2) (i) and
20amended to read:
AB90,279,2321 971.43 (2) (i) The criminal record of a prosecution witness which is, and if
22known to the district attorney, any pending charges against, any person whom the
23district attorney intends to call as a trial witness
.