AB383,1041 Section 1041. 972.14 (1) (intro.) and (b) of the statutes are consolidated, renumbered 973.003 (1) and amended to read:

AB383,321,19 973.003 (1) (intro.) In this section: (b) "Victim", "victim" has the meaning specified in s. 950.02 (4).

AB383,1042 Section 1042. 972.14 (1) (ag) of the statutes is repealed.

AB383,1043 Section 1043. 972.15 of the statutes is renumbered 973.004, and 973.004 (5) (intro.), as renumbered, is amended to read:

AB383,322,6 973.004 (5) (intro.) The department may use the presentence investigation report for correctional programming, parole consideration or care and treatment of any person sentenced to imprisonment or the intensive sanctions program, placed on probation, released on parole or extended supervision or committed to the department under ch. 51 or 971 975 or any other person in the custody of the department or for research purposes. The department may make the report available to other agencies or persons to use for purposes related to correctional programming, parole consideration, care and treatment, or research. Any use of the report under this subsection is subject to the following conditions:

AB383,1044 Section 1044. 972.16 (1) and (2) of the statutes are created to read:

AB383,322,9 972.16 (1) Unless the court for cause otherwise permits, the parties shall proceed with statements and presentation of evidence in the following order:

AB383,322,10 (a) The state may make an opening statement.

AB383,322,12 (b) The defense may make an opening statement or reserve the right to make an opening statement until after the state rests its case in chief.

AB383,322,13 (c) The state shall present its case in chief.

AB383,322,18 (d) At the close of the state's case in chief, the defense may move to dismiss. The court shall grant the motion to dismiss if it appears that, viewing the evidence in the light most favorable to the state and drawing all reasonable inferences therefrom, a reasonable jury could not find the defendant guilty beyond a reasonable doubt. The court shall decide the motion before the defense presents its case in chief.

AB383,322,21 (e) The defense may present a case in chief. If a defendant presents evidence, the defendant waives the right to appeal the denial of a motion for dismissal made under par. (d).

AB383,322,22 (f) The state and the defense may present rebuttal evidence.

AB383,322,25 (g) The court for cause may permit a party to present further evidence in chief. If the court permits the state to present further evidence in chief, the defense may also present further evidence in chief.

AB383,323,8 (h) After the state and the defense have rested, the defense may move to dismiss. The court shall grant the motion to dismiss if it appears that, viewing all of the evidence, including evidence presented by the defense, in the light most favorable to the state and drawing all reasonable inferences therefrom, a reasonable jury could not find the defendant guilty beyond a reasonable doubt of the charged crime or an included crime under s. 939.66. If the jury could find the defendant guilty beyond a reasonable doubt of an included crime but not the charged crime, the court shall order the complaint amended accordingly.

AB383,323,9 (i) The state may make a closing argument.

AB383,323,10 (j) The defense may make a closing argument.

AB383,323,11 (k) The state may make a rebuttal argument.

AB383,323,14 (2) If there are 2 or more defendants and they do not agree on the order in which the defendants will proceed under sub. (1), the court shall determine the order in which the defendants will proceed.

AB383,1045 Section 1045. 972.18 (title) of the statutes is created to read:

AB383,323,16 972.18 (title) Admissibility of a defendant's statement.

AB383,1046 Section 1046. 972.19 of the statutes is created to read:

AB383,323,20 972.19 Stipulations. (1) In this section, "stipulation" means an agreement between the parties that a specified fact is or shall be taken as established without need for proof.

AB383,323,22 (2) A stipulation shall be set forth on the record at the time the court accepts it.

AB383,323,24 (3) In a trial before a jury, the court shall instruct the jury that it is to take stipulated facts as conclusively proved.

AB383,324,2 (4) If stipulated facts establish an element of the crime, the court shall proceed as provided in s. 972.005 (2).

AB383,1047 Section 1047. 972.20 (title) of the statutes is created to read:

AB383,324,4 972.20 (title) Child testimony by closed-circuit audiovisual means.

AB383,1048 Section 1048. 972.22 (title) of the statutes is created to read: