LRB-4005/1
PJH:med:rs
2011 - 2012 LEGISLATURE
March 5, 2012 - Introduced by Senators Leibham and T. Cullen, cosponsored by
Representatives Endsley, Bies, Jacque, LeMahieu, Marklein, Spanbauer,
Stroebel and Ziegelbauer. Referred to Committee on Judiciary, Utilities,
Commerce, and Government Operations.
SB545,1,4
1An Act to create 302.043 (4), 302.045 (3m) (e), 302.05 (3) (c) 4., 302.11 (6m),
2302.113 (7r), 302.114 (8g), 304.02 (2m), 304.06 (1r) and 973.09 (1d) of the
3statutes;
relating to: searches by a law enforcement officer of a person on
4probation, parole, or extended supervision.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, if a person is convicted of a crime
a court may withhold sentencing of the person or may impose a sentence but stay its
execution and, in either case, place the person on probation. The court may impose
conditions of probation. If a person violates a condition of probation, the person's
probation may be revoked.
Under current law, a person who is released from confinement in a prison to
parole or to extended supervision is subject to conditions set by the parole
commission or by the Department of Corrections. If a person violates one of these
conditions, his or her parole or extended supervision may be revoked and the person
may be returned to prison.
This bill specifies that a person who is placed on probation or a person who is
released from incarceration to parole or extended supervision is subject to having his
or her person, residence, and any property under his control searched by a law
enforcement officer at any time if the officer reasonably suspects that the person is
committing, is about to commit, or has committed a crime or a violation of a condition
of probation or release.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB545, s. 1
1Section
1. 302.043 (4) of the statutes is created to read:
SB545,2,62
302.043
(4) A person released under this section, his or her residence, and any
3property under his or her control may be searched by a law enforcement officer at any
4time during his or her period of supervision if the officer reasonably suspects that the
5person is committing, is about to commit, or has committed a crime or a violation of
6a condition of release to extended supervision.
SB545, s. 2
7Section
2. 302.045 (3m) (e) of the statutes is created to read:
SB545,2,128
302.045
(3m) (e) A person released under this subsection, his or her residence,
9and any property under his or her control may be searched by a law enforcement
10officer at any time during his or her period of supervision if the officer reasonably
11suspects that the person is committing, is about to commit, or has committed a crime
12or a violation of a condition of release to extended supervision.
SB545, s. 3
13Section
3. 302.05 (3) (c) 4. of the statutes is created to read:
SB545,2,1814
302.05
(3) (c) 4. A person released under this paragraph, his or her residence,
15and any property under his or her control may be searched by a law enforcement
16officer at any time during his or her period of supervision if the officer reasonably
17suspects that the person is committing, is about to commit, or has committed a crime
18or a violation of a condition of release to extended supervision.
SB545, s. 4
19Section
4. 302.11 (6m) of the statutes is created to read:
SB545,3,320
302.11
(6m) A person released under this section, his or her residence, and any
21property under his or her control may be searched by a law enforcement officer at any
1time during his or her period of supervision if the officer reasonably suspects that the
2person is committing, is about to commit, or has committed a crime or a violation of
3a condition of parole.
SB545, s. 5
4Section
5. 302.113 (7r) of the statutes is created to read:
SB545,3,95
302.113
(7r) A person released under this section, his or her residence, and any
6property under his or her control may be searched by a law enforcement officer at any
7time during his or her period of supervision if the officer reasonably suspects that the
8person is committing, is about to commit, or has committed a crime or a violation of
9a condition of release to extended supervision.
SB545, s. 6
10Section
6. 302.114 (8g) of the statutes is created to read:
SB545,3,1511
302.114
(8g) A person released under this section, his or her residence, and any
12property under his or her control may be searched by a law enforcement officer at any
13time during his or her period of supervision if the officer reasonably suspects that the
14person is committing, is about to commit, or has committed a crime or a violation of
15a condition of release to extended supervision.
SB545, s. 7
16Section
7. 304.02 (2m) of the statutes is created to read:
SB545,3,2117
304.02
(2m) A person released under this section, his or her residence, and any
18property under his or her control may be searched by a law enforcement officer at any
19time during his or her period of supervision if the officer reasonably suspects that the
20person is committing, is about to commit, or has committed a crime or a violation of
21a condition of parole.
SB545, s. 8
22Section
8. 304.06 (1r) of the statutes is created to read:
SB545,4,223
304.06
(1r) A person released under this section, his or her residence, and any
24property under his or her control may be searched by a law enforcement officer at any
25time during his or her period of supervision if the officer reasonably suspects that the
1person is committing, is about to commit, or has committed a crime or a violation of
2a condition of parole.
SB545, s. 9
3Section
9. 973.09 (1d) of the statutes is created to read:
SB545,4,84
973.09
(1d) A person who is placed on probation, his or her residence, and any
5property under his or her control may be searched by a law enforcement officer at any
6time during his or her period of supervision if the officer reasonably suspects that the
7person is committing, is about to commit, or has committed a crime or a violation of
8a condition of probation.
SB545,4,1110
(1) This act first applies to a person who is placed on probation, released on
11parole, or released to extended supervision on the effective date of this subsection.
