reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.05 - Arraignment.

971.05
Arraignment.
If the defendant is charged with a felony, the arraignment may be in the trial court or the court which conducted the preliminary examination or accepted the defendant's waiver of the preliminary examination. If the defendant is charged with a misdemeanor, the arraignment may be in the trial court or the court which conducted the initial appearance. The arraignment shall be conducted in the following manner:
(1)
The arraignment shall be in open court.
(2)
If the defendant appears for arraignment without counsel, the court shall advise the defendant of the defendant's right to counsel as provided in s. 970.02.
(3)
The district attorney shall deliver to the defendant a copy of the information in felony cases and in all cases shall read the information or complaint to the defendant unless the defendant waives such reading. Thereupon the court shall ask for the defendant's plea.
(4)
The defendant then shall plead unless in accordance with s. 971.31 the defendant has filed a motion which requires determination before the entry of a plea. The court may extend the time for the filing of such motion.
History:  1979 c. 291; 1987 a. 74; 1993 a. 486.
When, through oversight, an arraignment is not held, it may be conducted after both parties had rested during the trial. Bies v. State, 53 Wis. 2d 322, 193 N.W.2d 46 (1972).
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.06 - Pleas.

971.06
Pleas.
(1)
A defendant charged with a criminal offense may plead as follows:
(a)
Guilty.
(b)
Not guilty.
(c)
No contest, subject to the approval of the court.
(d)
Not guilty by reason of mental disease or defect. This plea may be joined with a plea of not guilty. If it is not so joined, this plea admits that but for lack of mental capacity the defendant committed all the essential elements of the offense charged in the indictment, information or complaint.
(2)
If a defendant stands mute or refuses to plead, the court shall direct the entry of a plea of not guilty on the defendant's behalf.
(3)
At the time a defendant enters a plea, the court may not require the defendant to disclose his or her citizenship status.
History:  1985 a. 252; 1993 a. 486.
Inaccurate legal advice renders a plea an uninformed one and can compromise the voluntariness of the plea. State v. Woods, 173 Wis. 2d 129, 496 N.W.2d 144 (Ct. App. 1992).
The decision to plead guilty is personal to the defendant. A defendant's attorney cannot renegotiate a plea agreement without the defendant's knowledge and consent. State v. Woods, 173 Wis. 2d 129, 496 N.W.2d 144 (Ct. App. 1992).
Whether to grant a defendant's motion to change a plea is within the court's discretion. State v. Kazee, 192 Wis. 2d 213, 531 N.W.2d 332 (Ct. App. 1995).
The decision to withdraw a not guilty by reason of mental defect plea belongs to the defendant and not counsel. State v. Byrge, 225 Wis. 2d 702, 594 N.W.2d 388 (Ct. App. 1999), 97-3217.
If a defendant enters a plea of not guilty by reason of mental disease or defect under sub. (1) (d) without an accompanying not-guilty plea, the defendant waives the constitutional right to a trial as to the guilt phase and admits that he or she committed the criminal act. State v. Fugere, 2018 WI App 24, 381 Wis. 2d 142, 911 N.W.2d 127, 16-2258.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.095 - Consultation with and notices to victim.

971.095
Consultation with and notices to victim.
(1)
In this section:
(a)
“District attorney" has the meaning given in s. 950.02 (2m).
(b)
“Victim" has the meaning given in s. 950.02 (4).
(2)
In any case in which a defendant has been charged with a crime, the district attorney shall, as soon as practicable, offer all of the victims in the case who have requested the opportunity an opportunity to confer with the district attorney concerning the prosecution of the case and the possible outcomes of the prosecution, including potential plea agreements and sentencing recommendations. The duty to confer under this subsection does not limit the obligation of the district attorney to exercise his or her discretion concerning the handling of any criminal charge against the defendant.
(3)
At the request of a victim, a district attorney shall make a reasonable attempt to provide the victim with notice of the date, time and place of scheduled court proceedings in a case involving the prosecution of a crime of which he or she is a victim and any changes in the date, time or place of a scheduled court proceeding for which the victim has received notice. This subsection does not apply to a proceeding held before the initial appearance to set conditions of release under ch. 969.
(4)
If a person is arrested for a crime but the district attorney decides not to charge the person with a crime, the district attorney shall make a reasonable attempt to inform all of the victims of the act for which the person was arrested that the person will not be charged with a crime at that time.
(5)
If a person is charged with committing a crime and the charge against the person is subsequently dismissed, the district attorney shall make a reasonable attempt to inform all of the victims of the crime with which the person was charged that the charge has been dismissed.
(6)
A district attorney shall make a reasonable attempt to provide information concerning the disposition of a case involving a crime to any victim of the crime who requests the information.
History:  1997 a. 181.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.105 - Child victims and witnesses; duty to expedite proceedings.

971.105
Child victims and witnesses; duty to expedite proceedings.
In all criminal and delinquency cases, juvenile fact-finding hearings under s. 48.31 and juvenile dispositional hearings involving a child victim or witness, as defined in s. 950.02, the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of the child's involvement in the proceeding. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.
History:  1983 a. 197; 1985 a. 262 s. 8; 1993 a. 98; 1995 a. 77.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.109 - Freezing assets of a person charged with financial exploitation of an elder person.

971.109
Freezing assets of a person charged with financial exploitation of an elder person.
(1)
Definitions. In this section:
(a)
“Elder person” means any individual who is 60 years of age or older.
(b)
“Financial exploitation” has the meaning given in s. 46.90 (1) (ed).
(2)
Seizure of assets.
(a)
If a defendant is charged with a crime that is financial exploitation, the crime involves the taking or loss of property valued at more than $2,500, and the crime victim is an elder person, a prosecuting attorney may file a petition with the court in which the defendant has been charged to freeze the funds, assets, or property of the defendant in an amount up to 100 percent of the alleged value of funds, assets, or property in the defendant's pending criminal proceeding for purposes of restitution to the crime victim. The hearing on the petition may be held ex parte. The rules of evidence do not apply in a hearing under this paragraph.
(b)
In the hearing under par. (a), if there is a showing of probable cause that the defendant used, was using, is about to use, or is intending to use any funds, assets, or property in a way that constitutes or would constitute financial exploitation, the court shall issue an order to freeze or seize the funds, assets, or property of the defendant in the amount calculated under par. (a). A copy of the order shall be served upon the defendant whose funds, assets, or property has been frozen or seized.
(c)
The court's order shall prohibit the sale, gifting, transfer, or wasting of the funds, assets, or real or personal property of the elder person that are owned by or vested in the defendant without the express permission of the court. The court's order shall be binding upon a financial institution, as defined in s. 943.80 (2), and any 3rd party that is in possession of the funds, assets, or property.
(3)
Release of funds. At any time within 30 days after service of the order under sub. (2) (b), the defendant or any person claiming an interest in the funds, assets, or property may file a petition to release the funds, assets, or property. The court shall hold a hearing on the motion within 10 days from the date the motion is filed. The procedure under s. 968.20 applies to a petition under this subsection.
(4)
Dismissal or acquittal. If the prosecution of a charge of financial exploitation is dismissed or if a judgment of acquittal is entered, the court shall vacate the order issued under sub. (2) (b).
(5)
Conviction. If the prosecution of a charge of financial exploitation results in a conviction, the court may order that the funds, assets, or property that were frozen or seized under sub. (2) (b) be released only for the purpose of paying restitution ordered under s. 973.20 (2).
History: 2021 a. 76.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.18 - Inadmissibility of statements for purposes of examination.

971.18
Inadmissibility of statements for purposes of examination.
A statement made by a person subjected to psychiatric examination or treatment pursuant to this chapter for the purposes of such examination or treatment shall not be admissible in evidence against the person in any criminal proceeding on any issue other than that of the person's mental condition.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.223 - Change of place of trial for certain violations.

971.223
Change of place of trial for certain violations.
(1)
In an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, a defendant who is a resident of this state may move to change the place of trial to the county where the offense was committed. The motion shall be in writing.
(2)
The court shall grant a motion under this section if the court determines that the county where the offense was committed is different than the county where the defendant resides. If there is more than one county where the offense was committed, the court shall determine which of the counties where the offense was committed will be the place of trial. The judge who orders the change in the place of trial shall preside at the trial and the jury shall be chosen from the county where the trial will be held. Preliminary matters prior to trial may be conducted in either county at the discretion of the court. The judge shall determine where the record shall be kept and, if the defendant is in custody, where the defendant shall be held.
(3)
This section does not affect which prosecutor has responsibility under s. 978.05 (1) to prosecute criminal actions arising from violations under sub. (1).
(4)
This section does not affect the application of s. 971.22. In actions under sub. (1), the court may enter an order under s. 971.225 only if the order is agreed to by the defendant.
History:  2007 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.225 - Jury from another county.

971.225
Jury from another county.
(1)
In lieu of changing the place of trial under s. 971.22 (3) or 971.223, the court may require the selection of a jury under sub. (2) if:
(a)
The court has decided to sequester the jurors after the commencement of the trial, as provided in s. 972.12;
(b)
There are grounds for changing the place of trial under s. 971.22 (1); and
(c)
The estimated costs to the county appear to be less using the procedure under this section than using the procedure for holding the trial in another county.
(2)
If the court decides to proceed under this section it shall follow the procedure under s. 971.22 until the jury is chosen in the 2nd county. At that time, the proceedings shall return to the original county using the jurors selected in the 2nd county. The original county shall reimburse the 2nd county for all applicable costs under s. 814.22.
History:  1981 c. 115; 1991 a. 39; 2007 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.26 - Formal defects.

971.26
Formal defects.
No indictment, information, complaint or warrant shall be invalid, nor shall the trial, judgment or other proceedings be affected by reason of any defect or imperfection in matters of form which do not prejudice the defendant.
The fact that the information alleged the wrong date for the offense was not prejudicial when the complaint stated the correct date and there was no evidence that the defendant was misled. A charge of the violation of s. “946.42 (2) (a) (c)" was a technical defect of language when both paragraphs applied. Burkhalter v. State, 52 Wis. 2d 413, 190 N.W.2d 502 (1971).
The failure to cite in the information and certificate of conviction the correct statutory subsections violated was immaterial when the defendant could not show that he was misled. Craig v. State, 55 Wis. 2d 489, 198 N.W.2d 609 (1972).
A lack of prejudice to the defendant, notwithstanding technical defects in the information, was made patent by defense counsel's concession that his client knew precisely what crime he was charged with having committed, and the absence in the record of any such claim asserted during the case, which was vigorously tried. Clark v. State, 62 Wis. 2d 194, 214 N.W.2d 450 (1974).
Failure to allege lack of consent was not a fatal jurisdictional defect of an information charging burglary. Schleiss v. State, 71 Wis. 2d 733, 239 N.W.2d 68 (1976).
No statute authorizes a clerk of court's office to correct a clerical error in the sentence portion of a judgment of conviction. The circuit court, and not the clerk's office, must determine the merits of a request for a change in the sentence portion of a written judgment because of an alleged clerical error. State v. Prihoda, 2000 WI 123, 239 Wis. 2d 244, 618 N.W.2d 857, 98-2263.
Section 971.08 (2), requiring vacation of judgment and permission to withdraw a plea in the event of improper notice of the consequences of the plea on immigration and naturalization is subject to harmless error analysis under this section and s. 805.18.  Douangmala, 2002 WI 62, was objectively wrong because it failed to properly consider this section and s. 805.18 and is thus overruled. The mandatory “shall" in s. 971.08 (2) did not control when both of the harmless error savings statutes also use the mandatory “shall" language. This section and ss. 805.18 and 971.08 (2) are most comprehensibly harmonized by applying harmless error analysis. All of the relevant statutes use “shall," and, accordingly, none is “more mandatory" than any other. State v. Reyes Fuerte, 2017 WI 104, 378 Wis. 2d 504, 904 N.W.2d 773, 15-2041.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.27 - Lost information, complaint or indictment.

971.27
Lost information, complaint or indictment.
In the case of the loss or destruction of an information or complaint, the district attorney may file a copy, and the prosecution shall proceed without delay from that cause. In the case of the loss or destruction of an indictment, an information may be filed.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.30 - Motion defined.

971.30
Motion defined.
(1)
``Motion" means an application for an order.
(2)
Unless otherwise provided or ordered by the court, all motions shall meet the following criteria:
(a)
Be in writing.
(b)
Contain a caption setting forth the name of the court, the venue, the title of the action, the file number, a denomination of the party seeking the order or relief and a brief description of the type of order or relief sought.
(c)
State with particularity the grounds for the motion and the order or relief sought.
History:  Sup. Ct. Order, 171 Wis. 2d xix (1992).
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.315 - Inquiry upon dismissal.

971.315
Inquiry upon dismissal.
Before a court dismisses a criminal charge against a person, the court shall inquire of the district attorney whether he or she has complied with s. 971.095 (2).
History:  1997 a. 181.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.32 - Ownership, how alleged.

971.32
Ownership, how alleged.
In an indictment, information or complaint for a crime committed in relation to property, it shall be sufficient to state the name of any one of several co-owners, or of any officer or manager of any corporation, limited liability company or association owning the same.
History:  1993 a. 112, 491.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.33 - Possession of property, what sufficient.

971.33
Possession of property, what sufficient.
In the prosecution of a crime committed upon or in relation to or in any way affecting real property or any crime committed by stealing, damaging or fraudulently receiving or concealing personal property, it is sufficient if it is proved that at the time the crime was committed either the actual or constructive possession or the general or special property in any part of such property was in the person alleged to be the owner thereof.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.34 - Intent to defraud.

971.34
Intent to defraud.
Where the intent to defraud is necessary to constitute the crime it is sufficient to allege the intent generally; and on the trial it shall be sufficient if there appears to be an intent to defraud the United States or any state or any person.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.365 - Crimes involving certain controlled substances.

971.365
Crimes involving certain controlled substances.
(1)
(a)
In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.
(b)
In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (dm), (e), (f), (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.
(c)
In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.
(2)
An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), (g), or (h), (1m) (cm), (d), (dm), (e), (f), (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original charge.
History:  1985 a. 328; 1987 a. 339; 1989 a. 121; 1993 a. 98, 118, 490; 1995 a. 448; 1999 a. 48; 2001 a. 109; 2003 a. 49; 2021 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.366 - Use of another's personal identifying information: charges.

971.366
Use of another's personal identifying information: charges.
In any case under s. 943.201 or 943.203 involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.
History:  2003 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.367 - False statements to financial institutions: charges.

971.367
False statements to financial institutions: charges.
In any case under s. 946.79 involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.
History:  2003 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.375 - Deferred prosecution agreements; sanctions.

971.375
Deferred prosecution agreements; sanctions.
The district attorney may subject a defendant to sanctions as provided in the system developed under s. 301.03 (3) (a) if the defendant violates a condition of a deferred prosecution agreement.
History:  2013 a. 196.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.38 - Deferred prosecution program; community service work.

971.38
Deferred prosecution program; community service work.
(1)
Except as provided in s. 967.055 (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.
(2)
Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
History:  1981 c. 88; 1987 a. 101.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.39 - Deferred prosecution program; agreements with department.

971.39
Deferred prosecution program; agreements with department.
(1)
Except as provided in s. 967.055 (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:
(a)
The agreement shall be in writing, signed by the district attorney or his or her designee, a representative of the department and the defendant.
(b)
The defendant admits, in writing, all of the elements of the crime charged.
(c)
The defendant agrees to participate in therapy or in community programs and to abide by any conditions imposed under the therapy or programs.
(d)
The department monitors compliance with the deferred prosecution agreement.
(e)
The district attorney may resume prosecution upon the defendant's failure to meet or comply with any condition of a deferred prosecution agreement.
(f)
The circuit court shall dismiss, with prejudice, any charge which is subject to the agreement upon the completion of the period of the agreement, unless prosecution has been resumed under par. (e).
(2)
Any written admission under sub. (1) (b) and any statement relating to the crime under sub. (1) (intro.), made by the person in connection with any discussions concerning deferred prosecution or to any person involved in a program in which the person must participate as a condition of the agreement, are not admissible in a trial for the crime.
History:  1985 a. 29; 1987 a. 101.
A judgment entered pursuant to a plea agreement withholding sentence and placing the defendant on probation for certain counts while entry of judgment on other counts was deferred provided the defendant committed no additional crimes and abided by the terms of probation was not a deferred prosecution agreement subject to this section. State v. Wollenberg, 2004 WI App 20, 268 Wis. 2d 810, 674 N.W.2d 916, 03-1706.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.40 - Deferred prosecution agreement; placement with volunteers in probation program.

971.40
Deferred prosecution agreement; placement with volunteers in probation program.
The court, district attorney and defendant may enter into a deferred prosecution agreement for the defendant to be placed with a volunteers in probation program under s. 973.11. The agreement must include the requirement that the defendant comply with the court's order under s. 973.11 (1).
History:  1991 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 972 - Criminal trials. › 972.01 - Jury; civil rules applicable.

972.01
Jury; civil rules applicable.
The summoning of jurors, the selection and qualifications of the jury, the challenge of jurors for cause and the duty of the court in charging the jury and giving instructions and discharging the jury when unable to agree shall be the same in criminal as in civil actions, except that s. 805.08 (3) shall not apply.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
The charge as to the duty of a jury to try to reach agreement was proper. Kelley v. State, 51 Wis. 2d 641, 187 N.W.2d 810 (1971).
Reinstruction presenting for the first time choices for lesser included offenses not presented in the initial instructions, if proper at all, would be a rare event, only done in exceptional circumstances. State v. Thurmond, 2004 WI App 49, 270 Wis. 2d 477, 677 N.W.2d 655, 03-0191.
2023 Wisconsin Statutes & Annotations › Chapter 972 - Criminal trials. › 972.03 - Peremptory challenges.

972.03
Peremptory challenges.
Each side is entitled to only 4 peremptory challenges except as otherwise provided in this section. When the crime charged is punishable by life imprisonment, the state is entitled to 6 peremptory challenges and the defendant is entitled to 6 peremptory challenges. If there is more than one defendant, the court shall divide the challenges as equally as practicable among them; and if their defenses are adverse and the court is satisfied that the protection of their rights so requires, the court may allow the defendants additional challenges. If the crime is punishable by life imprisonment, the total peremptory challenges allowed the defense shall not exceed 12 if there are only 2 defendants and 18 if there are more than 2 defendants; in other felony cases 6 challenges if there are only 2 defendants and 9 challenges if there are more than 2. In misdemeanor cases, the state is entitled to 3 peremptory challenges and the defendant is entitled to 3 peremptory challenges, except that if there are 2 defendants, the court shall allow the defense 4 peremptory challenges, and if there are more than 2 defendants, the court shall allow the defense 6 peremptory challenges. Each side shall be allowed one additional peremptory challenge if additional jurors are to be selected under s. 972.04 (1).
History:  1983 a. 226; 1995 a. 427; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
Judicial Council Note, 1983: This section is amended by allowing one additional peremptory challenge when additional jurors are to be impaneled. This approximates the right of each side under prior s. 972.05 to one additional peremptory challenge for each alternate juror. Since abolition of the concept of “alternate" jurors permits the additional peremptory challenge to be made to any member of the panel, only one additional challenge is permitted. [Bill 320-S]
Judicial Council Note, 1996:  This proposal changes “impaneled" to “selected" whenever a statute refers to choosing jurors or prospective jurors, for statutory uniformity. [Re Order effective 7-1-97.]
A defendant is not entitled to a new trial when both the prosecution and defense are given an equal number of peremptory strikes, even if the number is less than provided for by statute. State v. Erickson, 227 Wis. 2d 758, 596 N.W.2d 749 (1999), 98-0273.
NOTE:  For notes relating to discriminatory and otherwise improper use of peremptory strikes, see the notes to article I, section 7, of the Wisconsin Constitution under the heading Jury Trial and Juror Qualifications.
2023 Wisconsin Statutes & Annotations › Chapter 972 - Criminal trials. › 972.04 - Exercise of challenges.

972.04
Exercise of challenges.
(1)
The number of jurors selected shall be prescribed in s. 756.06 (2) (a), unless a lesser number has been stipulated and approved under s. 972.02 (2) or the court orders that additional jurors be selected. That number, plus the number of peremptory challenges available to all the parties, shall be called initially and maintained in the jury box by calling others to replace jurors excused for cause until all jurors have been examined. The parties shall thereupon exercise in their order, the state beginning, the peremptory challenges available to them, and if any party declines to challenge, the challenge shall be made by the clerk by lot.
(2)
A party may waive in advance any or all of its peremptory challenges and the number of jurors called pursuant to sub. (1) shall be reduced by this number.
History:  1983 a. 226; 1995 a. 427; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); 2013 a. 164.
Judicial Council Note, 1983: Sub. (1) is amended by allowing the court to order that additional jurors be impaneled. The size of the panel is then reduced to the appropriate number by lot immediately before final submission if that has not already occurred through death or discharge of a juror. See s. 972.10 (7), stats. Abolition of the concept of “alternate" jurors is intended to promote an attentive attitude and a collegial relationship among all jurors. [Bill 320-S]
Guarantees of open public proceedings in criminal trials include voir dire examinations of potential jurors. Press-Enterprise Co. v. Superior Court, 464 U.S. 501, 104 S. Ct. 819, 78 L. Ed. 2d 629 (1984).
2023 Wisconsin Statutes & Annotations › Chapter 972 - Criminal trials. › 972.06 - View.

972.06
View.
The court may order a view by the jury.
The trial court, sitting as the trier of fact, committed an error of law in making and relying on an unrequested, unannounced, unaccompanied, and unrecorded view of an accident scene in assessing evidence produced at trial. American Family Mutual Insurance Co. v. Shannon, 120 Wis. 2d 560, 356 N.W.2d 175 (1984).
2023 Wisconsin Statutes & Annotations › Chapter 972 - Criminal trials. › 972.07 - Jeopardy.

972.07
Jeopardy.
Jeopardy attaches:
(1)
In a trial to the court without a jury when a witness is sworn;
(2)
In a jury trial when the selection of the jury has been completed and the jury sworn.
The federal rule that jeopardy attaches when the jury is sworn is an integral part of the guarantee against double jeopardy. Crist v. Bretz, 437 U.S. 28, 98 S. Ct. 2156, 57 L. Ed. 2d 24 (1978).
NOTE:  See also the notes to article I, section 8, of the Wisconsin Constitution.
2023 Wisconsin Statutes & Annotations › Chapter 972 - Criminal trials. › 972.085 - Immunity; use standard.

972.085
Immunity; use standard.
Immunity from criminal or forfeiture prosecution under ss. 13.35, 17.16 (7), 77.61 (12), 93.17, 111.07 (2) (b), 128.16, 133.15, 139.20, 139.39 (5), 195.048, 196.48, 551.602 (5), 553.55 (3), 601.62 (5), 767.87 (4), 885.15, 885.24, 885.25 (2), 891.39 (2), 968.26, 972.08 (1) and 979.07 (1) and ch. 769, provides immunity only from the use of the compelled testimony or evidence in subsequent criminal or forfeiture proceedings, as well as immunity from the use of evidence derived from that compelled testimony or evidence.
History:  1989 a. 122; 1995 a. 225, 400; 1997 a. 35; 2005 a. 443 s. 265; 2007 a. 196.
2023 Wisconsin Statutes & Annotations › Chapter 972 - Criminal trials. › 972.09 - Hostile witness in criminal cases.

972.09
Hostile witness in criminal cases.
Where testimony of a witness at any preliminary examination, hearing or trial in a criminal action is inconsistent with a statement previously made by the witness, the witness may be regarded as a hostile witness and examined as an adverse witness, and the party producing the witness may impeach the witness by evidence of such prior contradictory statement. When called by the defendant, a law enforcement officer who was involved in the seizure of evidence shall be regarded as a hostile witness and may be examined as an adverse witness at any hearing in which the legality of such seizure may properly be raised.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R6 (1973); 1993 a. 486.
The defendant was not prejudiced by receipt in evidence of a hostile state witness's entire statement rather than only those portions she acknowledged at trial, for while prior inconsistent statements may not be introduced until they have been read to the witness in order that the witness may explain the contradiction, it appeared herein that the unread portion of the statement was not inconsistent with the witness's testimony at trial, but would have been objectionable as hearsay if such objection had been made. When the question is raised as to the propriety of use of a prior inconsistent statement of a witness, and request is made for hearing outside the presence of the jury, the more appropriate procedure is to excuse the jury. Bullock v. State, 53 Wis. 2d 809, 193 N.W.2d 889 (1972).
This section does not forbid the use of prior inconsistent statements of a witness as substantive evidence when no objection is made by counsel. There is no duty on the trial court to sua sponte reject the evidence or to instruct the jury that the evidence is limited to impeachment. Irby v. State, 60 Wis. 2d 311, 210 N.W.2d 755 (1973).
2023 Wisconsin Statutes & Annotations › Chapter 972 - Criminal trials. › 972.12 - Sequestration of jurors.

972.12
Sequestration of jurors.
The court may direct that the jurors sworn be kept together or be permitted to separate. The court may appoint an officer of the court to keep the jurors together and to prevent communication between the jurors and others.
History:  1987 a. 73; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 973 - Sentencing. › 973.0135 - Sentence for certain serious felonies; parole eligibility determination.

973.0135
Sentence for certain serious felonies; parole eligibility determination.
(1)
In this section:
(a)
“Prior offender" means a person who meets all of the following conditions:
1.
The person has been convicted of a serious felony on at least one separate occasion at any time preceding the serious felony for which he or she is being sentenced.
2.
The person's conviction under subd. 1. remains of record and unreversed.
3.
As a result of the conviction under subd. 1., the person was sentenced to more than one year of imprisonment.
(b)
“Serious felony" means any of the following:
1.
Any felony under s. 961.41 (1), (1m) or (1x) if the felony is punishable by a maximum prison term of 30 years or more.
2.
Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m) or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., s. 948.36, 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.16, 940.19 (5), 940.195 (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.231 (1), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.06, 948.07, 948.075, 948.08, or 948.30 (2).
3.
The solicitation, conspiracy or attempt, under s. 939.30, 939.31 or 939.32, to commit a Class A felony.
4.
A crime at any time under federal law or the law of any other state or, prior to April 21, 1994, under the law of this state that is comparable to a crime specified in subd. 1., 2. or 3.
(2)
Except as provided in sub. (3), when a court sentences a prior offender to imprisonment in a state prison for a serious felony committed on or after April 21, 1994, but before December 31, 1999, the court shall make a parole eligibility determination regarding the person and choose one of the following options:
(a)
The person is eligible for parole under s. 304.06 (1).
(b)
The person is eligible for parole on a date set by the court. Under this paragraph, the court may not set a date that occurs before the earliest possible parole eligibility date as calculated under s. 304.06 (1) and may not set a date that occurs later than two-thirds of the sentence imposed for the felony.
(3)
A person is not subject to this section if the current serious felony is punishable by life imprisonment.
(4)
If a prior conviction is being considered as being covered under sub. (1) (b) 4. as comparable to a felony specified under sub. (1) (b) 1., 2. or 3., the conviction may be counted as a prior conviction under sub. (1) (a) only if the court determines, beyond a reasonable doubt, that the violation relating to that conviction would constitute a felony specified under sub. (1) (b) 1., 2. or 3. if committed by an adult in this state.
History:  1993 a. 194, 483; 1995 a. 448; 1997 a. 219, 283, 295; 1999 a. 32, 188; 2001 a. 109; 2007 a. 116; 2015 a. 366; 2021 a. 76; 2021 a. 240 s. 30; 2023 a. 10.
2023 Wisconsin Statutes & Annotations › Chapter 973 - Sentencing. › 973.02 - Place of imprisonment when none expressed.

973.02
Place of imprisonment when none expressed.
Except as provided in s. 973.032, if a statute authorizes imprisonment for its violation but does not prescribe the place of imprisonment, a sentence of less than one year shall be to the county jail, a sentence of more than one year shall be to the Wisconsin state prisons and the minimum under the indeterminate sentence law shall be one year, and a sentence of one year may be to either the Wisconsin state prisons or the county jail. In any proper case, sentence and commitment may be to the department or any house of correction or other institution as provided by law or to detention under s. 973.03 (4).
History:  1973 c. 90; 1987 a. 27; 1991 a. 39.
The legislature is presumed to have been aware of many existing statutes carrying sentences of one year or less with no place of confinement specified when it enacted the predecessor to this section as chapter 154, laws of 1945. State ex rel. McDonald v. Circuit Court for Douglas County, 100 Wis. 2d 569, 302 N.W.2d 462 (1981).
Criminal defendants who receive consecutive sentences that in the aggregate exceed one year, but individually are all less than one year, should be incarcerated in county jails rather than the Wisconsin prison system. 78 Atty. Gen. 44.
2023 Wisconsin Statutes & Annotations › Chapter 973 - Sentencing. › 973.0335 - Sentencing; restriction on possession of body armor.

973.0335
Sentencing; restriction on possession of body armor.
Whenever a court imposes a sentence or places a defendant on probation for a conviction for a violent felony, as defined in s. 941.291 (1) (b), the court shall inform the defendant of the requirements and penalties under s. 941.291.
History:  2001 a. 95.
2023 Wisconsin Statutes & Annotations › Chapter 973 - Sentencing. › 973.035 - Transfer to state-local shared correctional facilities.

973.035
Transfer to state-local shared correctional facilities.
Any person serving a sentence of imprisonment to the Wisconsin state prisons, a county jail, a county reforestation camp or a county house of correction or serving a sentence to the intensive sanctions program may be transferred to a state-local shared correctional facility under s. 302.45 (1).
History:  1983 a. 332; 1989 a. 31; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 973 - Sentencing. › 973.04 - Credit for imprisonment under earlier sentence for the same crime.

973.04
Credit for imprisonment under earlier sentence for the same crime.
When a sentence is vacated and a new sentence is imposed upon the defendant for the same crime, the department shall credit the defendant with confinement previously served.
History:  1983 a. 66, 528.
While periods of time served due to an indigent's inability to post bail prior to trial must be credited as time served on a prison sentence imposed, a court need not credit time served by an indigent offender against probationary confinement. State v. Avila, 192 Wis. 2d 870, 532 N.W.2d 423 (Ct. App. 1995).
An offender is not entitled to additional sentence credit under this section when: 1) the vacated sentence was originally imposed concurrent to a separate sentence; 2) the separate sentence is not vacated; 3) the vacated sentence is reimposed consecutively to the non-vacated sentence; and 4) the time that the defendant requested was served in satisfaction of the sentence that was not vacated. State v. Lamar, 2011 WI 50, 334 Wis. 2d 536, 799 N.W.2d 758, 08-2206.
2023 Wisconsin Statutes & Annotations › Chapter 973 - Sentencing. › 973.042 - Child pornography surcharge.

973.042
Child pornography surcharge.
(1)
In this section, “image" includes a video recording, a visual representation, a positive or negative image on exposed film, and data representing a visual image.
(2)
If a court imposes a sentence or places a person on probation for a crime under s. 948.05 or 948.12 and the person was at least 18 years of age when the crime was committed, the court shall impose a child pornography surcharge of $500 for each image or each copy of an image associated with the crime. The court shall determine the number of images or copies of images associated with the crime by a preponderance of the evidence and without a jury.
(4)
After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.
(5)
The secretary of administration shall credit the surcharge to the appropriation account under s. 20.455 (5) (gj).
(6)
If an inmate in a state prison or a person sentenced to a state prison has not paid the child pornography surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected under this subsection shall be transmitted to the secretary of administration.
History:  2005 a. 433; 2013 a. 20.
The child pornography surcharge under sub. (2) is not punitive. Under the intent-effects test, the primary function of the child pornography surcharge statute is not punitive nor is the child pornography surcharge punitive in effect. The surcharge is linked to funding of investigations of sexual exploitation of children and possession of child pornography and grants to eligible public agencies or nonprofit organizations that provide counseling services to victims of sexual assault. Therefore, the circuit court in this case did not need to inform the defendant of the child pornography surcharge during the plea colloquy. State v. Schmidt, 2021 WI 65, 397 Wis. 2d 758, 960 N.W.2d 888, 20-0616.
The child pornography surcharge under sub. (2) applies to every image of child pornography that forms the basis of a charge of sexual exploitation of a child or possession of child pornography, regardless of whether those images form the basis of either a convicted charge or a read-in charge, so long as those images of child pornography are connected to and brought into relation with the convicted individual's offense of sexual exploitation of a child or possession of child pornography. A circuit court must impose the child pornography surcharge for those images. State v. Schmidt, 2021 WI 65, 397 Wis. 2d 758, 960 N.W.2d 888, 20-0616.
2023 Wisconsin Statutes & Annotations › Chapter 973 - Sentencing. › 973.043 - Drug offender diversion surcharge.

973.043
Drug offender diversion surcharge.
(1)
If a court imposes a sentence or places a person on probation for a crime under ch. 943 that was committed on or after October 1, 2005, the court shall impose a drug offender diversion surcharge of $10 for each conviction.
(2)
After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.
(3)
All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.455 (2) (kv) and used for the purpose of making grants to counties under s. 165.95.
(4)
If an inmate in a state prison or a person sentenced to a state prison has not paid the drug offender diversion surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.
History:  2005 a. 25; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 973 - Sentencing. › 973.045 - Crime victim and witness assistance surcharge.

973.045
Crime victim and witness assistance surcharge.
(1)
If a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge. A surcharge imposed under this subsection may not be waived, reduced, or forgiven for any reason. The surcharge is the total amount calculated by adding up the amount for every misdemeanor count and every felony count as follows:
(a)
For each misdemeanor count on which a conviction occurred, $67.
(b)
For each felony count on which a conviction occurred, $92.
(1m)
(a)
In this subsection, “civil offense" means an offense punishable by a forfeiture.
(b)
If all of the following apply, the court shall impose a crime victim and witness assistance surcharge in addition to any forfeiture that it imposes:
1.
The person is charged with one or more crimes in a complaint.
2.
As a result of the complaint being amended, the person is charged with a civil offense in lieu of one of those crimes.
3.
The court finds that the person committed that civil offense on or after October 27, 2007.
(c)
The amount of the surcharge imposed under par. (b) shall be the amount specified in sub. (1) (a) or (b), depending on whether the crime that was the subject of the amendment under par. (b) 2. was a misdemeanor or a felony.
(2)
After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) the amount paid to the secretary by the county treasurer under this subsection and any amount collected under sub. (4).
(4)
If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.
History:  1983 a. 27; 1987 a. 27; 1989 a. 31; 1993 a. 16; 1995 a. 201; 2003 a. 33; 2005 a. 25; 2007 a. 20; 2009 a. 28; 2011 a. 32, 257; 2011 a. 260 s. 81; 2013 a. 20.