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Part 967 — Criminal Procedure — General Provisions

967.01 Title and effective date
967.02 Words and phrases defined
967.03 District attorneys
967.04 Depositions in criminal proceedings
967.05 Methods of prosecution
967.055 Prosecution of offenses; operation of a motor vehicle or motorboat; alcohol, intoxicant or drug
967.057 Prosecution decisions based on contributions to organizations and agencies
967.06 Determination of indigency; appointment of counsel; preparation of record
967.07 Circuit court commissioners
967.08 Telephone or live audiovisual proceedings
967.09 Interpreters may serve by telephone or video
967.10 Waiting area for victims and witnesses
967.11 Alternatives to prosecution and incarceration; monitoring participants
967.12 Electronic filing

Part 968 — Commencement of Criminal Proceedings

968.01 Complaint
968.02 Issuance and filing of complaints
968.03 Dismissal or withdrawal of complaints
968.04 Warrant or summons on complaint D
968.05 Corporations or limited liability companies: summons in criminal cases D
968.06 Indictment by grand jury
968.07 Arrest by a law enforcement officer D
968.073 Recording custodial interrogations
968.075 Domestic abuse incidents; arrest and prosecution D
968.08 Release by law enforcement officer of arrested person
968.085 Citation; nature; issuance; release of accused
968.09 Warrant on failure to appear
968.10 Searches and seizures; when authorized
968.11 Scope of search incident to lawful arrest
968.12 Search warrant
968.13 Search warrant; property subject to seizure
968.135 Subpoena for documents
968.14 Use of force
968.15 Search warrants; when executable D
968.16 Detention and search of persons on premises
968.17 Return of search warrant D
968.18 Receipt for seized property
968.19 Custody of property seized
968.20 Return of property frozen or seized D
968.205 Preservation of certain evidence D
968.21 Search warrant; secrecy
968.22 Effect of technical irregularities
968.23 Forms
968.24 Temporary questioning without arrest
968.25 Search during temporary questioning
968.255 Strip searches D
968.256 Search of physically disabled person
968.26 John Doe proceeding D
968.265 Lie detector tests; sexual assault victims
968.27 Definitions
968.28 Application for court order to intercept communications
968.29 Authorization for disclosure and use of intercepted wire, electronic or oral communications D
968.30 Procedure for interception of wire, electronic or oral communications D
968.31 Interception and disclosure of wire, electronic or oral communications prohibited
968.32 Forfeiture of contraband devices
968.33 Reports concerning intercepted wire or oral communications
968.34 Use of pen register or trap and trace device restricted D
968.35 Application for an order for a pen register or a trap and trace device
968.36 Issuance of an order for a pen register or a trap and trace device D
968.37 Assistance in the installation and use of a pen register or trap and trace device
968.373 Warrant to track a communications device D
968.375 Subpoenas and warrants for records or communications of customers of an electronic communication service or remote computing service provider D
968.38 Testing for HIV infection and certain diseases D
968.40 Grand jury
968.41 Oath or affirmation of grand jurors
968.42 Presiding juror and clerk
968.43 Reporter; salary; assistant
968.44 Witnesses
968.45 Witness rights; transcripts
968.46 Secrecy
968.47 District attorney, when to attend
968.48 Attendance; absence; excuse; number required for grand jury session; number required to concur in indictment

Part 969 — Bail and Other Conditions of Release

969.001 Definitions
969.01 Eligibility for release D
969.02 Release of defendants charged with misdemeanors
969.03 Release of defendants charged with felonies
969.035 Pretrial detention; denial of release from custody D
969.04 Surety may satisfy default
969.05 Endorsement of bail upon warrants
969.065 Judicial conference; bail alternatives
969.07 Taking of bail by law enforcement officer
969.08 Grant, reduction, increase or revocation of conditions of release D
969.09 Conditions of bond
969.10 Notice of change of address D
969.11 Release upon arrest in another county
969.12 Sureties
969.13 Forfeiture D
969.14 Surrender of principal by surety

Part 970 — Criminal Procedure — Preliminary Proceedings

970.01 Initial appearance before a judge
970.02 Duty of a judge at the initial appearance
970.03 Preliminary examination D
970.032 Preliminary examination; juvenile under original adult court jurisdiction
970.035 Preliminary examination; juvenile younger than 15 years old
970.038 Preliminary examination; hearsay exception
970.04 Second examination
970.05 Testimony at preliminary examination; payment for transcript of testimony D

Part 971 — Criminal Procedure — Proceedings Before and at Trial

971.01 Filing of the information D
971.02 Preliminary examination; when prerequisite to an information or indictment
971.025 Forms D
971.027 Protected information
971.03 Form of information
971.04 Defendant to be present
971.05 Arraignment
971.06 Pleas
971.07 Multiple defendants
971.08 Pleas of guilty and no contest; withdrawal thereof
971.09 Plea of guilty to offenses committed in several counties
971.095 Consultation with and notices to victim
971.10 Speedy trial D
971.105 Child victims and witnesses; duty to expedite proceedings
971.106 Elder person victims and witnesses; duty to expedite proceedings D
971.108 Elder person victims and witnesses; duty to preserve testimony D
971.109 Freezing assets of a person charged with financial exploitation of an elder person D
971.11 Prompt disposition of intrastate detainers D
971.12 Joinder of crimes and of defendants
971.13 Competency
971.14 Competency proceedings D
971.15 Mental responsibility of defendant
971.16 Examination of defendant D
971.165 Trial of actions upon plea of not guilty by reason of mental disease or defect
971.17 Commitment of persons found not guilty by reason of mental disease or mental defect D
971.18 Inadmissibility of statements for purposes of examination
971.19 Place of trial
971.20 Substitution of judge D
971.22 Change of place of trial
971.223 Change of place of trial for certain violations
971.225 Jury from another county
971.23 Discovery and inspection D
971.26 Formal defects
971.27 Lost information, complaint or indictment
971.28 Pleading judgment
971.29 Amending the charge
971.30 Motion defined
971.31 Motions before trial D
971.315 Inquiry upon dismissal
971.32 Ownership, how alleged
971.33 Possession of property, what sufficient
971.34 Intent to defraud
971.36 Theft; pleading and evidence; subsequent prosecutions
971.365 Crimes involving certain controlled substances
971.366 Use of another’s personal identifying information: charges
971.367 False statements to financial institutions: charges
971.37 Deferred prosecution programs; domestic abuse and child sexual abuse
971.375 Deferred prosecution agreements; sanctions
971.38 Deferred prosecution program; community service work
971.39 Deferred prosecution program; agreements with department
971.40 Deferred prosecution agreement; placement with volunteers in probation program
971.41 Deferred prosecution program; worthless checks D

Part 972 — Criminal Trials

972.01 Jury; civil rules applicable
972.02 Jury trial; waiver
972.03 Peremptory challenges
972.04 Exercise of challenges
972.06 View
972.07 Jeopardy
972.08 Incriminating testimony compelled; immunity D
972.085 Immunity; use standard
972.09 Hostile witness in criminal cases
972.10 Order of trial
972.11 Evidence and practice; civil rules applicable
972.115 Admissibility of defendant’s statement
972.12 Sequestration of jurors
972.13 Judgment
972.14 Statements before sentencing D
972.15 Presentence investigation D

Part 973 — Sentencing

973.01 Bifurcated sentence of imprisonment and extended supervision D
973.013 Indeterminate sentence; Wisconsin state prisons D
973.0135 Sentence for certain serious felonies; parole eligibility determination D
973.014 Sentence of life imprisonment; parole eligibility determination; extended supervision eligibility determination D
973.015 Special disposition D
973.017 Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors D
973.02 Place of imprisonment when none expressed D
973.03 Jail sentence D
973.032 Sentence to intensive sanctions program D
973.0335 Sentencing; restriction on possession of body armor
973.035 Transfer to state-local shared correctional facilities
973.04 Credit for imprisonment under earlier sentence for the same crime
973.042 Child pornography surcharge D
973.043 Drug offender diversion surcharge
973.045 Crime victim and witness assistance surcharge
973.0455 Crime prevention funding board surcharge
973.046 Deoxyribonucleic acid analysis surcharge
973.047 Deoxyribonucleic acid analysis requirements
973.048 Sex offender reporting requirements
973.049 Sentencing; restrictions on contact
973.05 Fines D
973.055 Domestic abuse surcharges
973.057 Global positioning system tracking surcharge
973.06 Costs, fees, and surcharges
973.07 Failure to pay fine, fees, surcharges, or costs or to comply with certain community service work D
973.075 Forfeiture of property derived from crime and certain vehicles D
973.076 Forfeiture proceedings D
973.077 Burden of proof; liabilities
973.08 Records accompanying prisoner D
973.09 Probation D
973.10 Control and supervision of probationers D
973.11 Placements with volunteers in probation program D
973.12 Sentence of a repeater or persistent repeater
973.123 Sentence for certain violent offenses; use of a firearm D
973.125 Notice of lifetime supervision for serious sex offenders
973.13 Excessive sentence, errors cured
973.135 Courts to report convictions to the state superintendent of public instruction D
973.137 Courts to report convictions to the department of transportation
973.14 Sentence to house of correction
973.15 Sentence, terms, escapes D
973.155 Sentence credit D
973.16 Time out
973.17 Judgment against a corporation or limited liability company
973.176 Notice of restrictions D
973.18 Notice of rights to appeal and representation D
973.19 Motion to modify sentence D
973.195 Sentence adjustment D
973.198 Sentence adjustment; positive adjustment time D
973.20 Restitution D
973.25 Certificates of qualification for employment D

Part 974 — Criminal Procedure — Appeals, New Trials and Writs of Error

974.01 Misdemeanor appeals
974.02 Appeals and postconviction relief in criminal cases
974.05 State’s appeal
974.06 Postconviction procedure
974.07 Motion for postconviction deoxyribonucleic acid testing of certain evidence D

Part 975 — Sex Crimes Law

975.001 Definition
975.01 End of commitments; declaration of policy
975.06 Commitment to the department D
975.07 The effect of appeal from a judgment of conviction
975.08 Notice of commitments; treatment, transfer, use of other facilities
975.09 Periodic examination D
975.10 Parole
975.11 Duration of control D
975.12 Termination of control D
975.15 Review by court of orders of the department
975.16 Appeal from judgment of committing court
975.17 Option for resentencing
975.18 Establishment of regulations

Part 976 — Uniform Acts in Criminal Proceedings

976.01 Uniform act for the extradition of prisoners as witnesses
976.02 Uniform act for the extradition of witnesses in criminal actions
976.03 Uniform criminal extradition act D
976.04 Uniform act on close pursuit
976.05 Agreement on detainers D
976.06 Agreement on detainers; additional procedure D
976.07 Agreements on extradition; Indian tribes D
976.08 Additional applicability

Part 977 — State Public Defender

977.01 Definitions
977.02 Board; duties
977.03 Board; powers
977.04 Board; restrictions
977.05 State public defender D
977.06 Indigency determinations; redeterminations; verification; collection
977.07 Determination of indigency
977.075 Payment for legal representation
977.076 Collections
977.077 Deposit of payments received
977.08 Appointment of counsel
977.085 Quarterly report procedure
977.09 Confidentiality of files

Part 978 — District Attorneys

978.001 Definitions
978.01 Number of district attorneys; election; term D
978.02 Eligibility for office
978.03 Deputies and assistants in certain prosecutorial units D
978.04 Assistants in certain prosecutorial units
978.041 Population estimates of prosecutorial units
978.043 Assistants for prosecution of sexually violent person commitment cases
978.045 Special prosecutors D
978.047 Investigators; police powers
978.05 Duties of the district attorney
978.06 Restriction on district attorney
978.07 Obsolete district attorney records D
978.08 Preservation of certain evidence D
978.11 Budget
978.12 Salaries and benefits of district attorney and state employees in office of district attorney D
978.13 Operational expenses of district attorney offices

Part 979 — Investigation of Deaths

979.01 Reporting deaths required; penalty; taking specimens by coroner or medical examiner D
979.012 Reporting deaths of public health concern D
979.015 Subpoena for documents
979.02 Autopsies
979.025 Autopsy of correctional inmate
979.03 Autopsy for sudden infant death syndrome D
979.04 Inquests: when called
979.05 Inquests: procedure
979.06 Inquests: witnesses
979.07 Incriminating testimony compelled; immunity
979.08 Inquests: instructions, burden of proof and verdict
979.09 Burial of body
979.10 Cremation D
979.11 Compensation of officers
979.12 Fees for morgue services
979.22 Autopsies and toxicological services by medical examiners

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Wisconsin Rules of Criminal Procedure

Part 968 · Commencement of Criminal Proceedings

Rule 968.23. Forms

Amended 2015 a. 183 (current)

The following forms for use under this chapter are illustrative and not mandatory:

Source: Wis. Stat. § 968.23

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