AB383,408
14Section
408. 968.035 (title) of the statutes is created to read:
AB383,125,15
15968.035 (title)
Witnesses.
AB383,409
16Section
409. 968.04 (title) of the statutes is renumbered 969.20 (title) and
17amended to read:
AB383,125,19
18969.20 (title)
Warrant Issuance of arrest warrant or summons on
19complaint.
AB383,410
20Section
410. 968.04 (1) (intro.) of the statutes is renumbered 969.20 (1) and
21amended to read:
AB383,126,922
969.20
(1) Warrants
In general. If
it appears from the complaint, or from an
23affidavit or affidavits filed with the complaint or after an examination under oath of
24the complainant or witnesses, when the a judge determines that
this is necessary,
25that there is probable cause to believe that an offense has been committed and that
1the accused has committed it, the judge shall issue a warrant for the arrest of the
2defendant accused or a summons in lieu thereof.
The probable cause determination
3may be based on a criminal complaint, an affidavit filed with the criminal complaint,
4or if the judge determines it is necessary, after an examination under oath of the
5complainant or witness. The warrant or summons shall be delivered
forthwith to a
6law enforcement officer for service.
If the judge does not find probable cause to
7believe that an offense has been committed or that the accused has committed it, the
8judge shall record that finding on the complaint, file the complaint with the clerk,
9and dismiss the action without prejudice.
AB383,411
10Section
411. 968.04 (1) (a) of the statutes is repealed.
AB383,412
11Section
412. 968.04 (1) (b) of the statutes is renumbered 969.20 (4) and
12amended to read:
AB383,126,1913
969.20
(4) Issuance by judge from another county. A
warrant or summons
14may be issued by a judge in another county
may issue a warrant or summons when
15there is no available judge of the county in which the complaint is issued. The
16warrant
or summons shall be returnable
before a judge to a court in the county in
17which the
offense alleged in the complaint was
committed, and the summons shall
18be returnable before the circuit court of the county in which the offense alleged in the
19complaint was committed issued.
AB383,413
20Section
413. 968.04 (1) (c) of the statutes is renumbered 969.20 (5) and
21amended to read:
AB383,126,2322
969.20
(5) Geographical limits. A judge
issuing an arrest warrant may specify
23geographical limits for
its enforcement
of a warrant.
AB383,414
24Section
414. 968.04 (1) (d) of the statutes is renumbered 969.20 (3) and
25amended to read:
AB383,127,9
1969.20
(3) Examination by telephone. An A judge may permit an examination
2of the complainant or witness under sub. (1)
may
or (2) to take place by telephone on
3request of the person seeking the warrant or summons unless good cause to the
4contrary appears. The judge shall place each complainant or witness under oath and
5arrange for all sworn testimony to be recorded, either by a stenographic reporter or
6by means of a voice recording device. The judge shall have the record transcribed.
7The transcript, certified as accurate by the judge or reporter, as appropriate, shall
8be filed with the court. If the testimony was recorded by means of a voice recording
9device, the judge shall also file the original recording with the court.
AB383,415
10Section
415. 968.04 (2) (title) of the statutes is repealed.
AB383,416
11Section
416. 968.04 (2) (a) of the statutes is renumbered 969.20 (7) (a) and
12amended to read:
AB383,127,1613
969.20
(7) (a)
In After issuing a complaint in any case
, the district attorney
,
14after the issuance of a complaint, may issue a summons in lieu of requesting the
15issuance of a warrant. The
complaint district attorney shall then
be filed file the
16complaint with the clerk.
AB383,417
17Section
417. 968.04 (2) (b) of the statutes is renumbered 969.20 (7) (b).
AB383,418
18Section
418. 968.04 (2) (c) of the statutes is repealed.
AB383,419
19Section
419. 968.04 (3) (title) of the statutes is repealed.
AB383,420
20Section
420. 968.04 (3) (a) (intro.) of the statutes is renumbered 969.21 (1)
21(intro.) and amended to read:
AB383,127,2322
969.21
(1) Warrant Mandatory provisions. (intro.)
The An arrest warrant
23shall
meet all of the following requirements:
AB383,421
24Section
421. 968.04 (3) (a) 1. to 6. of the statutes are renumbered 969.21 (1)
25(a) to (f) and amended to read:
AB383,128,1
1969.21
(1) (a)
Be The warrant shall be in writing and signed by the judge.
AB383,128,42
(b)
State The warrant shall state the name of the crime
the defendant allegedly
3committed and the
number of the statutory section
charged and number of the
4section alleged to have been that the defendant allegedly violated.
AB383,128,55
(c)
Have The warrant shall have attached to it a copy of the complaint.
AB383,128,86
(d)
State The warrant shall state the name of the person to be arrested, if
7known, or if not known, designate the person to be arrested by any description by
8which the person to be arrested can be identified with reasonable certainty.
AB383,128,109
(e)
State The warrant shall state the date when it was issued
and, the name
10of the judge who issued it
together with, and the title of the judge's office.
AB383,128,1411
(f)
Command The warrant shall command that the person
against whom the
12complaint was made alleged to have committed the crime in par. (b) be arrested and
,
13except as provided in s. 969.20 (4), be brought before the judge issuing the warrant,
14or, if the judge is absent or unable to act, before some other judge in the same county.
AB383,422
15Section
422. 968.04 (3) (a) 7. of the statutes is renumbered 969.26 (1) and
16amended to read:
AB383,128,1817
969.26
(1) Arrest warrant. The An arrest warrant shall be in substantially the
18following form:
AB383,128,1919
STATE OF WISCONSIN,
AB383,128,2020
.... County
AB383,128,2121
State of Wisconsin
AB383,128,2323
.... (Defendant(s))
AB383,128,2424
THE STATE OF WISCONSIN TO ANY LAW ENFORCEMENT OFFICER:
AB383,129,5
1A complaint
or affidavit, copy of which is attached,
having has been filed with
2me
or testimony has been presented before me accusing the defendant(s) of
3committing the crime of .... contrary to sec. ...., Stats., and I
having have found that
4there is probable cause
exists that the crime was committed by to believe the
5defendant(s)
committed that crime.
AB383,129,76
You are, therefore, commanded to arrest the defendant(s) and bring .... before
7me, or, if I am not available, before some other
a judge of this county.
AB383,129,88
Dated ...., .... (year)
AB383,129,99
....(Signature)
AB383,129,1010
....(Title)
AB383,423
11Section
423. 968.04 (3) (a) 8. of the statutes is repealed.
AB383,424
12Section
424. 968.04 (3) (b) (title) of the statutes is renumbered 969.22 (title).
AB383,425
13Section
425. 968.04 (3) (b) 1. of the statutes is renumbered 969.22 (1) and
14amended to read:
AB383,129,1915
969.22
(1) Mandatory provisions. The summons shall command the defendant
16to appear before a court at a certain time and place and shall be in substantially the
17form set forth in
subd. 3. s. 969.26 (2). The complaint and summons may be on the
18same form. If they are, the summons shall be beneath the complaint. If separate
19forms are used, a copy of the complaint shall be attached to the summons.
AB383,426
20Section
426. 968.04 (3) (b) 2. of the statutes is renumbered 969.22 (2) and
21amended to read:
AB383,130,222
969.22
(2) Service. A summons may be served anywhere in the state and
it 23shall be served by delivering a copy to the defendant personally
or, by leaving a copy
24at
the defendant's his or her usual place of abode with a person of discretion residing
1therein there, or by mailing a copy to the defendant's last-known address.
It shall
2be served by a law enforcement officer.
AB383,427
3Section
427. 968.04 (3) (b) 3. (intro.) of the statutes is renumbered 969.26 (2)
4(intro.) and amended to read:
AB383,130,65
969.26
(2) Summons. (intro.)
The A summons shall be in substantially the
6following form:
AB383,428
7Section
428. 968.04 (3) (b) 3. a. of the statutes is repealed.
AB383,429
8Section
429. 968.04 (3) (b) 3. b. (intro.) of the statutes is repealed.
AB383,430
9Section
430. 968.04 (3) (b) 3. b. (form) of the statutes is renumbered 969.26
10(2) (form) and amended to read:
AB383,130,1111
969.26
(2) (form)
AB383,130,1212
STATE OF WISCONSIN,
AB383,130,1313
.... County
AB383,130,1414
State of Wisconsin
AB383,130,1616
.... (Defendant)
AB383,130,1717
THE STATE OF WISCONSIN TO SAID DEFENDANT:
AB383,130,19
18 A complaint, copy of which is attached, having been made before me accusing
19the defendant of committing the crime of .... contrary to sec. ...., Stats.
AB383,130,2420
You, ....,
are, therefore, summoned to must appear before Branch .... of the
.... 21court Circuit Court of .... County at
the courthouse .... in the City of ....
to answer said
22complaint, on
...., .... (year), at .... o'clock in the .... noon, and in case of your failure
23to appear, (date), ...., at .... a.m./p.m. If you do not appear, a warrant for your arrest
24may be issued.
AB383,131,3
1You have been charged with committing the crime of .... in violation of section
2.... of the Wisconsin Statutes. A copy of the complaint charging you with that crime
3is attached.
AB383,131,44
Dated ...., .... (year)
AB383,131,55
.... (Signature)
AB383,131,66
....
District Attorney (Title)
AB383,431
7Section
431. 968.04 (3) (b) 4. of the statutes is repealed.
AB383,432
8Section
432. 968.04 (4) of the statutes is renumbered 969.21 (2), and 969.21
9(2) (a) to (d), as renumbered, are amended to read:
AB383,131,1210
969.21
(2) (a)
The Unless otherwise specified under s. 969.20 (5), an arrest 11warrant
issued under this section shall be directed to all law enforcement officers of
12the state
. A warrant and may be served anywhere in the state.
AB383,131,1513
(b) A warrant is served by arresting the defendant and informing the defendant
14as soon as practicable of the nature of the crime with which
the defendant he or she 15is charged.
AB383,131,2016
(c) An arrest may be made by a law enforcement officer without a warrant in
17the law enforcement officer's possession when the law enforcement officer
has
18knowledge reasonably believes that a warrant has been issued. In such case, the
19officer shall inform the defendant as soon as practicable of the nature of the crime
20with which the defendant is charged.
AB383,131,2321
(d) The law enforcement officer arresting a defendant shall
endorse record 22upon the warrant the time and place of the arrest
and the law enforcement officer's
23fees and mileage therefor.
AB383,433
24Section
433. 968.05 of the statutes is renumbered 969.23, and 969.23 (1) and
25(2), as renumbered, are amended to read:
AB383,132,6
1969.23
(1) When a corporation or limited liability company is charged with
the
2commission of committing a criminal offense, the judge or district attorney shall
3issue a summons setting forth the nature of the offense and commanding the
4corporation or limited liability company to appear before a court at a specific time
5and place.
The corporation or limited liability company shall appear by a corporate
6officer or an authorized agent other than defense counsel.
AB383,132,11
7(2) The summons for the appearance of a corporation or limited liability
8company may be served
as provided for service of a summons in the same way that
9a summons is served upon a corporation or limited liability company in a civil action
10under s. 801.11 (5). The summons
shall be returnable not less than may not be
11returnable until at least 10 days after service.
AB383,434
12Section
434. 968.06 of the statutes is repealed.
AB383,435
13Section
435. 968.07 of the statutes is renumbered 969.16, and 969.16 (1) to
14(3), as renumbered, are amended to read:
AB383,132,1615
969.16
(1) A Except as provided in sub. (3), a law enforcement officer may
16arrest a person when:
AB383,132,1817
(a) The law enforcement officer has a warrant commanding that such person
18be arrested
; or.
AB383,132,2019
(b) The law enforcement officer
reasonably believes
, on reasonable grounds, 20that a warrant for the person's arrest has been issued in this state
; or.
AB383,132,2221
(c) The law enforcement officer
reasonably believes
, on reasonable grounds, 22that a felony warrant for the person's arrest has been issued in another state
; or.
AB383,132,2423
(d)
There are reasonable grounds The law enforcement officer has probable
24cause to believe that the person is committing or has committed a crime.
AB383,133,3
1(1m) Notwithstanding sub. (1), a law enforcement officer shall arrest a person
2when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128 (1) (b),
3or
968.075 (2) (a) 969.27 (2) (a) or (5) (e).
AB383,133,6
4(2) A law enforcement officer making a lawful arrest may command the aid of
5any person, and such person shall have the same power as
that of the law
6enforcement officer.
AB383,133,11
7(3) If the alleged violator under
No law enforcement officer may arrest a person
8alleged to have violated s. 948.55 (2) or 948.60 (2) (c)
until at least 7 days after the
9date of the shooting, if the person is or was the parent or guardian of a child who is
10injured or dies as a result of
an accidental the shooting
, no law enforcement officer
11may arrest the alleged violator until at least 7 days after the date of the shooting.
AB383,436
12Section
436. 968.073 of the statutes is renumbered 969.165, and 969.165 (2),
13as renumbered, is amended to read:
AB383,133,1714
969.165
(2) It is the policy of this state to make an audio or audio and visual
15recording of a custodial interrogation of a person suspected of committing a felony
16unless a condition under s.
972.115 (2) 972.18 (3) (a) 1. to 6. applies or good cause is
17shown for not making an audio or audio and visual recording of the interrogation.
AB383,437
18Section
437. 968.075 (title) of the statutes is renumbered 969.27 (title).
AB383,438
19Section
438. 968.075 (1) of the statutes is renumbered 969.27 (1).
AB383,439
20Section
439. 968.075 (2) (a) of the statutes is renumbered 969.27 (2) (a), and
21969.27 (2) (a) (intro.), as renumbered, is amended to read: