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 a. of the statutes is repealed.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 of the statutes is repealed.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:
AB383,133,2422
969.27
(2) (a) (intro.) Notwithstanding s.
968.07 (1) 969.16 (1) and except as
23provided in pars. (am) and (b), a law enforcement officer shall arrest and take a
24person into custody if:
AB383,440
1Section
440. 968.075 (2) (am) of the statutes is renumbered 969.27 (2) (am)
2and amended to read:
AB383,134,73
969.27
(2) (am) Notwithstanding s.
968.07 (1) 969.16 (1), unless the person's
4arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (b) or
5sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is
6generally not appropriate for a law enforcement officer to arrest anyone under par.
7(a) other than the predominant aggressor.
AB383,441
8Section
441. 968.075 (2) (ar) of the statutes is renumbered 969.27 (2) (ar).
AB383,442
9Section
442. 968.075 (2) (b) of the statutes is renumbered 969.27 (2) (b).
AB383,443
10Section
443. 968.075 (2m) of the statutes is renumbered 969.27 (2m) and
11amended to read:
AB383,134,1512
969.27
(2m) Immediate release prohibited. Unless s.
968.08 969.17 applies,
13a law enforcement officer may not release a person whose arrest was required under
14sub. (2) until the person
posts bail remits a cash deposit under s.
969.07 969.36 or
15appears before a judge under s.
970.01 (1) subch. I of ch. 971.
AB383,444
16Section
444. 968.075 (3) of the statutes is renumbered 969.27 (3).
AB383,445
17Section
445. 968.075 (4) of the statutes is renumbered 969.27 (4).
AB383,446
18Section
446. 968.075 (5) of the statutes is renumbered 969.27 (5), and 969.27
19(5) (e), as renumbered, is amended to read:
AB383,134,2220
969.27
(5) (e) Notwithstanding s.
968.07 (1) 969.16 (1), a law enforcement
21officer shall arrest and take a person into custody if the officer has reasonable
22grounds to believe that the person has violated par. (a).
AB383,447
23Section
447. 968.075 (6) to (9) of the statutes are renumbered 969.27 (6) to (9).
AB383,448
24Section
448. 968.08 of the statutes is renumbered 969.17 and amended to
25read:
AB383,135,6
1969.17 Release by law enforcement officer of arrested person. A Except
2as provided in s. 969.27 (5) (b) 1., a law enforcement officer having custody of a person
3arrested without a warrant may release the person arrested
with or without
4requiring the person to appear before a judge
if the law enforcement officer is
5satisfied that there are insufficient grounds for the issuance of a criminal complaint
6against the person arrested or the district attorney.
AB383,449
7Section
449. 968.085 (title) of the statutes is renumbered 969.24 (title) and
8amended to read:
AB383,135,10
9969.24 (title)
Citation; nature; issuance; release of accused for
10misdemeanor.
AB383,450
11Section
450. 968.085 (1) of the statutes is renumbered 969.24 (1) and amended
12to read:
AB383,135,1713
969.24
(1) Nature. A citation under this section is a directive, issued by a law
14enforcement officer, that a person appear in court
and answer criminal charges. A
15citation is not or the district attorney's office. The citation may be used as a criminal
16complaint
and may not be used as a substitute for a criminal complaint if endorsed
17by the district attorney as provided in sub. (5).
AB383,451
18Section
451. 968.085 (2) (intro.) of the statutes is renumbered 969.24 (2) and
19amended to read:
AB383,136,220
969.24
(2) Authority to issue; effect. Except as provided in sub. (8), a A law
21enforcement officer may issue a citation to any person whom he or she has
reasonable
22grounds probable cause to believe has committed a misdemeanor. A citation may be
23issued in the field
or at the headquarters or precinct station of the officer instead of 24or
subsequent to at any time after a lawful arrest.
If a citation is issued, the person
1cited shall be released on his or her own recognizance. In determining whether to
2issue a citation, the law enforcement officer may consider whether:
AB383,452
3Section
452. 968.085 (2) (a) to (f) of the statutes are repealed.
AB383,453
4Section
453. 968.085 (3) (intro.) of the statutes is renumbered 969.24 (3)
5(intro.).
AB383,454
6Section
454. 968.085 (3) (a) of the statutes is renumbered 969.24 (3) (a) and
7amended to read:
AB383,136,128
969.24
(3) (a)
Identify the offense and section which State essential facts
9constituting the crime the person
is alleged to have allegedly committed and the
10statutory section that the person allegedly violated, including the date
, and if
11material, identify the property and other persons involved of the offense and the
12maximum penalty for the offense.
AB383,455
13Section
455. 968.085 (3) (b) of the statutes is renumbered 969.24 (3) (b) and
14amended to read:
AB383,136,1615
969.24
(3) (b)
Contain State the name and address of the person cited, or other
16identification if
that the person's name or address cannot be ascertained.
AB383,456
17Section
456. 968.085 (3) (c) of the statutes is renumbered 969.24 (3) (c).
AB383,457
18Section
457. 968.085 (3) (d) of the statutes is renumbered 969.24 (3) (d) and
19amended to read:
AB383,136,2220
969.24
(3) (d) Direct the person cited to appear
for his or her initial appearance
21in a designated court, at a designated at a specified location and at a specified time
22and date.
AB383,458
23Section
458. 968.085 (4) of the statutes is renumbered 969.24 (4) and amended
24to read:
AB383,137,3
1969.24
(4) Service. A The officer issuing the citation shall give a copy of the
2citation
shall be delivered to the person cited, and
file the original
must be filed with
3the district attorney.
AB383,459
4Section
459. 968.085 (5) of the statutes is renumbered 969.24 (5) and amended
5to read:
AB383,137,126
969.24
(5) Review by district attorney. The district attorney shall review the
7citation and may issue a complaint by endorsing the citation with his or her signature
8or issue a separate complaint charging the cited person. If the district attorney
9reviews the case before the return date and declines to prosecute, he or she shall
10notify the law enforcement agency
which that issued the citation. The law
11enforcement agency shall attempt to notify the person cited that he or she will not
12be charged and is not required to appear as directed in the citation.
AB383,460
13Section
460. 968.085 (6) of the statutes is renumbered 969.24 (6).
AB383,461
14Section
461. 968.085 (7) of the statutes is renumbered 969.24 (7) and amended
15to read:
AB383,137,1816
969.24
(7) Preparation of Form. The
judicial conference shall prescribe the
17form and content of the citation
under s. 758.171
shall be in substantially the same
18form set forth in s. 969.26 (3).
AB383,462
19Section
462. 968.085 (8) of the statutes is renumbered 969.24 (8) and amended
20to read:
AB383,137,2321
969.24
(8) Inapplicability to certain domestic abuse cases. A law enforcement
22officer may not issue a citation to a person for an offense if the officer is required to
23arrest the person for that offense under s.
968.075
969.27 (2).
AB383,463
24Section
463. 968.09 (title) of the statutes is renumbered 969.50 (title) and
25amended to read:
AB383,138,2
1969.50 (title)
Warrant
Bench warrant for defendant or witness on
2failure to appear.
AB383,464
3Section
464. 968.09 (1) of the statutes is renumbered 969.50 (1) and amended
4to read:
AB383,138,105
969.50
(1) When a defendant or a witness fails to appear before the court as
6required, or violates a
term of the defendant's or witness's bond or the defendant's
7or witness's probation, if any condition of release, the court may issue a bench
8warrant for the defendant's or witness's arrest which shall direct that the defendant
9or witness be brought before the court without unreasonable delay. The court shall
10state on the record at the time of issuance of the bench warrant the reason therefor.
AB383,465
11Section
465. 968.09 (2) of the statutes is repealed.
AB383,466
12Section
466. 968.10 of the statutes is renumbered 968.455, and 968.455
13(intro.), (1), (2), (3), (4) and (5), as renumbered, are amended to read: