AB383,928 Section 928. 971.31 (5) of the statutes is repealed.

AB383,929 Section 929. 971.31 (6) of the statutes is renumbered 971.65 (5) and amended to read:

AB383,289,10 971.65 (5) Custody after dismissal. If the court grants a motion to dismiss based upon a defect in the indictment, information commencement of the prosecution or   in the complaint, or in the institution of the proceedings, it may, upon a showing that probable cause exists to believe that the defendant has committed a crime, order that the defendant be held in custody or that the defendant's bail be continued for not more than 72 48 hours pending issuance of a new summons or warrant or that the conditions of release be continued for a specified time pending the filing of a new indictment, information or complaint.

AB383,930 Section 930. 971.31 (7) of the statutes is repealed.

AB383,931 Section 931. 971.31 (8) of the statutes is repealed.

AB383,932 Section 932. 971.31 (9) of the statutes is renumbered 967.15 and amended to read:

AB383,289,17 967.15 Service upon defendant. A pleading, notice, motion, or other document required to be served on a defendant may be served upon the defendant's attorney of record.

AB383,933 Section 933. 971.31 (10) of the statutes is renumbered 971.085 (1) (a) and amended to read:

AB383,289,24 971.085 (1) (a) An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a defendant may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon a plea of guilty or no contest to the information or criminal complaint.

AB383,934 Section 934. 971.31 (11) of the statutes is renumbered 971.65 (6) and amended to read:

AB383,290,9 971.65 (6) Prior sexual conduct evidence. In actions under s. 940.225, 948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s. 940.302 (2), if the court finds that the crime was sexually motivated, as defined in s. 980.01 (5), evidence which that is admissible under s. 972.11 (2) 904.045 must be determined by the court upon pretrial motion to be material to a fact at issue in the case and of sufficient probative value to outweigh its inflammatory and prejudicial nature before it may be introduced at trial.

AB383,935 Section 935. 971.31 (12) of the statutes is renumbered 971.65 (7) and amended to read:

AB383,290,14 971.65 (7) Evidence of personal or medical history. In actions under s. 940.22, the court may determine the admissibility of evidence under s. 972.11 940.22 (6) only upon a pretrial motion.

AB383,936 Section 936. 971.31 (13) of the statutes is renumbered 971.77, and 971.77 (2), as renumbered, is amended to read:

AB383,290,21 971.77 (2) The court shall retain jurisdiction unless the juvenile proves by a preponderance of the evidence that he or she did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer would be appropriate because all of the factors specified in par. (a) 1., 2. and 3. sub. (1) (a), (b), and (c) are met.

AB383,937 Section 937. 971.315 of the statutes is renumbered 970.10 (2) and amended to read:

AB383,291,3 970.10 (2) Inquiry upon dismissal. Before a court dismisses a criminal charge against a person under sub. (1), the court shall inquire of the district attorney whether he or she has complied with s. 971.095 (2).

AB383,938 Section 938. 971.32 of the statutes is renumbered 970.21.

AB383,939 Section 939. 971.34 of the statutes is renumbered 970.22.

AB383,940 Section 940. 971.36 of the statutes is renumbered 970.23.

AB383,941 Section 941. 971.365 of the statutes is renumbered 970.24.

AB383,942 Section 942. 971.38 (1) of the statutes is amended to read:

AB383,291,16 971.38 (1) Except as provided in s. 967.055 970.25 (3), the district attorney may require as a condition of any deferred prosecution program for any crime that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the alleged offense. An order may only apply if agreed to by the defendant and the organization or agency. The district attorney shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

AB383,943 Section 943. 971.39 (1) (intro.) of the statutes is amended to read:

AB383,291,21 971.39 (1) (intro.) Except as provided in s. 967.055 970.25 (3), in counties having a population of less than 100,000, if a defendant is charged with a crime, the district attorney, the department and a defendant may all enter into a deferred prosecution agreement which includes, but is not limited to, the following conditions:

AB383,944 Section 944. Subchapter IV (title) of chapter 971 [precedes 971.42] of the statutes is created to read:

AB383,291,24 chapter 971

AB383,291,25 Subchapter IV

AB383,292,1 discovery