LRB-2511/1
PJH:sac:ph
2013 - 2014 LEGISLATURE
August 5, 2013 - Introduced by Representatives Jacque, Thiesfeldt, Murphy,
Tittl and A. Ott. Referred to Committee on Criminal Justice.
AB273,1,2 1An Act to amend 968.13 (1) (b), 968.13 (1) (c) and 968.23 of the statutes;
2relating to: obtaining a search warrant for certain civil violations.
Analysis by the Legislative Reference Bureau
Under current law, a court may authorize a search warrant that allows a law
enforcement officer to search and seize anything that is the fruit of, or has been used
in, the commission of a crime or that may constitute evidence of a crime, if the court
finds probable cause to believe that the search will yield evidence of the crime.
This bill allows a court, upon finding probable cause, to authorize a search
warrant that allows a law enforcement officer to search and seize anything that is
the fruit of, or has been used in, the commission of a crime or of a civil violation of
the prohibitions against driving while having a prohibited alcohol concentration or
while under the influence of an intoxicant, a controlled substance, a controlled
substance analog or any combination of an intoxicant, a controlled substance and a
controlled substance analog.
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:
AB273,1 3Section 1. 968.13 (1) (b) of the statutes is amended to read:
AB273,2,2
1968.13 (1) (b) Anything which is the fruit of or has been used in the commission
2of any crime or of a violation of s. 346.63 or a local ordinance in conformity therewith.
AB273,2 3Section 2. 968.13 (1) (c) of the statutes is amended to read:
AB273,2,54 968.13 (1) (c) Anything other than documents which may constitute evidence
5of any crime or of a violation of s. 346.63 or a local ordinance in conformity therewith.
AB273,3 6Section 3. 968.23 of the statutes is amended to read:
AB273,2,8 7968.23 Forms. The following forms for use under this chapter are illustrative
8and not mandatory:
AB273,2,99 STATE OF WISCONSIN,
AB273,2,1010 .... County.
AB273,2,1111 AFFIDAVIT OR COMPLAINT.
AB273,2,1212 In the .... court of the .... of ....
AB273,2,2213 A. B., being duly sworn, says that on the .... day of ...., A. D., .... (year), in said
14county, in and upon certain premises in the (city, town or village) of .... in said county,
15occupied by .... and more particularly described as follows: (describe the premises)
16there are now located and concealed certain things, to wit: (describe the things to be
17searched for) (possessed for the purpose of evading or violating the laws of the state
18of Wisconsin and contrary to section .... of the Wisconsin statutes) (or, which things
19were stolen from their true owner, in violation of section .... of the Wisconsin statutes)
20(or, which things were used in the commission of (or may constitute evidence of) a
21crime
an offense to wit: (describe crime offense) committed in violation of section ....
22of the Wisconsin statutes).
AB273,2,2423 The facts tending to establish the grounds for issuing a search warrant are as
24follows: (set forth evidentiary facts showing probable cause for issuance of warrant).
AB273,3,4
1Wherefore, the said A. B. prays that a search warrant be issued to search such
2premises for the said property, and to bring the same, if found, and the person in
3whose possession the same is found, before the said court (or, before the .... court for
4.... County), to be dealt with according to law.
AB273,3,55 (Signed) A. B.
AB273,3,66 Subscribed and sworn to before me this .... day of ...., .... (year)
AB273,3,77 ...., Judge of the .... Court.
AB273,3,88 STATE OF WISCONSIN,
AB273,3,99 .... County.
AB273,3,1010 SEARCH WARRANT.
AB273,3,1111 In the .... court of the .... of ....
AB273,3,1312 THE STATE OF WISCONSIN, To the sheriff or any constable or any peace
13officer of said county:
AB273,3,2514 Whereas, A. B. has this day complained (in writing) to the said court upon oath
15that on the .... day of ...., A. D., .... (year), in said county, in and upon certain premises
16in the (city, town or village) of .... in said county, occupied by .... .... and more
17particularly described as follows: (describe the premises) there are now located and
18concealed certain things, to wit: (describe the things to be searched for) (possessed
19for the purpose of evading or violating the laws of the state of Wisconsin and contrary
20to section .... of the Wisconsin statutes) (or, which things were stolen from their true
21owner, in violation of section .... of the Wisconsin statutes) (or which things were used
22in the commission of (or, may constitute evidence of) a crime an offense, to wit:
23(describe crime offense) committed in violation of section .... of the Wisconsin
24statutes) and prayed that a search warrant be issued to search said premises for said
25property.
AB273,4,5
1Now, therefore, in the name of the state of Wisconsin you are commanded
2forthwith to search the said premises for said things, and if the same or any portion
3thereof are found, to bring the same and the person in whose possession the same are
4found, and return this warrant within 48 hours before the said court (or, before the
5.... court for .... County), to be dealt with according to law.
AB273,4,66 Dated this .... day of ...., .... (year)
AB273,4,77 ...., Judge of the .... Court.
AB273,4,88 ENDORSEMENT ON WARRANT
AB273,4,99 Received by me ...., .... (year), at .... o'clock ....M.
AB273,4,1010 ...., Sheriff (or peace officer)
AB273,4,1111 RETURN OF OFFICER
AB273,4,1212 State of Wisconsin
AB273,4,1313 .... Court,
AB273,4,1414 .... County.
AB273,4,1715 I hereby certify that by virtue of the within warrant I searched the within
16named premises and found the following things: (describe things seized) and have
17the same now in my possession subject to the direction of the court.
AB273,4,1818 Dated this .... day of ...., .... (year)
AB273,4,1919 ...., Sheriff (or peace officer)
AB273,4,2020 (End)
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