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452. 968.085 (2) (a) to (f) of the statutes are repealed.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:
AB383,138,16
14968.455 Searches and seizures; when authorized. (intro.) A search of a
15person, object
, or place may be made and things may be seized when the search is
16made
under any of the following circumstances:
AB383,138,17
17(1) Incident to a lawful arrest
;.
AB383,138,18
18(2) With consent
;.
AB383,138,19
19(3) Pursuant to a valid search warrant
;
.
AB383,138,20
20(4) With the authority and within the scope of a right of lawful inspection
;.
AB383,138,22
21(5) Pursuant to a search during an authorized temporary questioning as
22provided in s.
968.25; or 968.565.
AB383,467
23Section
467. Subchapter II (title) of chapter 968 [precedes 968.105] of the
24statutes is created to read:
AB383,138,2525
chapter 968
AB383,139,2
1subchapter II
2
John doe proceedings
AB383,468
3Section
468. 968.11 of the statutes is renumbered 968.575 and amended to
4read:
AB383,139,8
5968.575 Scope of search incident to lawful arrest. When a lawful arrest
6is made, a law enforcement officer may reasonably search the person arrested and
7an area within such person's immediate presence for
any of the
purpose of following
8purposes:
AB383,139,9
9(1) Protecting the officer from attack
;
.
AB383,139,10
10(2) Preventing the person from escaping
;
.
AB383,139,11
11(3) Discovering and seizing the fruits of the crime
; or
other offense.
AB383,139,14
12(4) Discovering and seizing any instruments, articles
, or things which may
13have been used in the commission of, or which may constitute evidence of, the
14offense.
AB383,469
15Section
469. 968.12 (title) of the statutes is renumbered 968.465 (title) and
16amended to read:
AB383,139,17
17968.465 (title)
Search Application for and issuance of search warrant.
AB383,470
18Section
470. 968.12 (1) of the statutes is renumbered 968.465 (1) and amended
19to read:
AB383,139,2420
968.465
(1) Description and issuance. A search warrant is an order signed by
21a judge directing a law enforcement officer to conduct a search of a designated person,
22a designated object
, or a designated place for the purpose of seizing designated
23property or kinds of property. A judge shall issue a search warrant if probable cause
24is shown.
AB383,471
1Section
471. 968.12 (2) and (3) (a) and (d) of the statutes are consolidated,
2renumbered 968.465 (2) and amended to read:
AB383,140,223
968.465
(2) Warrant upon affidavit Procedure generally. A search warrant
4may be based upon sworn complaint or Probable cause may be shown by an affidavit,
5or by oral testimony
, or by a combination of an affidavit and oral testimony. The
6affidavit or testimony shall be sworn to or affirmed and may be upon information and
7belief. Oral testimony shall be recorded by a
phonographic stenographic reporter or
8under sub. (3) (d), showing probable cause therefor. The complaint, affidavit or
9testimony may be upon information and belief. (3) (a) General rule. A search
10warrant may be based upon sworn oral testimony voice recording device and may be 11communicated to the judge
in person or by telephone, radio
, or other
reliable means
12of electronic communication
, under the procedure prescribed in this subsection. (d)
13Recording and certification of testimony. When a caller informs the judge that the
14purpose of the call is to request a warrant, the judge shall place under oath each
15person whose testimony forms a basis of the application and each person applying
16for the warrant. The judge or requesting person shall arrange for all sworn
17testimony to be recorded either by a stenographic reporter or by means of a voice
18recording device. The judge shall have the record transcribed. The
. A transcript
of
19the testimony, certified as accurate by the judge or reporter,
as appropriate, shall be
20filed with the court. If the testimony was recorded by means of a voice recording
21device, the judge shall also file and the original recording
of any testimony recorded
22by a voice recording device shall be filed with the court.
AB383,472
23Section
472. 968.12 (3) (title) of the statutes is renumbered 968.465 (3) (title)
24and amended to read:
AB383,141,2
1968.465
(3) (title)
Warrant upon oral Telephone and other remote testimony;
2duplicate warrant procedure.
AB383,473
3Section
473. 968.12 (3) (b) of the statutes is renumbered 968.465 (3) (a) and
4amended to read:
AB383,141,115
968.465
(3) (a)
Application. The person who is requesting the warrant When
6the applicant for a search warrant is testifying outside the presence of the judge, the
7judge shall place the applicant under oath or affirmation and arrange for all
8testimony to be recorded. The applicant shall prepare a duplicate
original warrant
9and read the duplicate
original warrant, verbatim, to the judge. The judge shall
10enter, verbatim, what is read on the
original warrant.
The Thereafter, but before
11signing the original warrant, the judge may direct that the warrant be modified.
AB383,474
12Section
474. 968.12 (3) (c) and (f) of the statutes are consolidated, renumbered
13968.465 (3) (b) and amended to read:
AB383,141,2514
968.465
(3) (b)
Issuance. If the judge determines that there is probable cause
15for the warrant, the judge shall
order the issuance of a issue the warrant by
directing
16the person requesting the warrant to sign the judge's name on the duplicate original
17warrant. In addition, the person shall sign his or her own name on the duplicate
18original warrant. The judge shall immediately sign signing the original warrant and
19enter on the face of the original warrant the exact time when the warrant was
20ordered to be issued.
The finding of probable cause for a warrant upon oral testimony
21shall be based on the same kind of evidence as is sufficient for a warrant upon
22affidavit. (f) Entry of time of execution. The judge shall direct the applicant to sign
23the judge's name on the duplicate warrant. In addition the applicant shall sign his
24or her own name on the duplicate warrant. The person who executes the warrant
25shall enter the exact time of execution on the face of the duplicate
original warrant.
AB383,475
1Section
475. 968.12 (3) (e) of the statutes is repealed.
AB383,476
2Section
476. 968.12 (4) of the statutes is renumbered 968.465 (7).
AB383,477
3Section
477. 968.13 (title) of the statutes is renumbered 968.475 (title) and
4amended to read:
AB383,142,5
5968.475 (title)
Search warrant; property Property subject to seizure.
AB383,478
6Section
478. 968.13 (1) (intro.) of the statutes is renumbered 968.475 (2)
7(intro.) and amended to read:
AB383,142,98
968.475
(2) (intro.) A search warrant may authorize the seizure of
any of the
9following:
AB383,479
10Section
479. 968.13 (1) (a) of the statutes is renumbered 968.475 (1) (a) and
11amended to read:
AB383,142,2012
968.475
(1) (a)
"Contraband
, which" includes
without limitation because of
13enumeration, but is not limited to, lottery tickets, gambling machines
, or other
14gambling devices
,; lewd, obscene
, or indecent written matter, pictures, sound
15recordings
, or motion picture films
,
; forged money or written instruments and the
16tools, dies, machines
, or materials for making them
,; and controlled substances, as
17defined in s. 961.01 (4), and controlled substance analogs, as defined in s. 961.01
18(4m), and the implements for smoking or injecting them.
Gambling "Contraband"
19does not include machines or other gambling devices possessed by a shipbuilding
20business that complies with s. 945.095
are not subject to this section.
AB383,480
21Section
480. 968.13 (1) (b), (c) and (d) of the statutes are renumbered 968.475
22(2) (b), (c) and (d).
AB383,481
23Section
481. 968.13 (2) of the statutes is renumbered 968.475 (1) (intro.) and
24amended to read:
AB383,142,2525
968.475
(1) (intro.) In this section
, "documents":
AB383,143,2
1(b) "Documents" includes, but is not limited to, books, papers, records,
2recordings, tapes, photographs, films
, or computer or electronic data.
AB383,482
3Section
482. 968.135 (title) of the statutes is renumbered 968.705 (title).
AB383,483
4Section
483. 968.135 of the statutes is renumbered 968.705 (2) and amended
5to read:
AB383,143,166
968.705
(2) Upon the request of the attorney general or a district attorney and
7upon a showing of probable cause under s.
968.12
968.465, a court shall issue a
8subpoena requiring the production of documents
, as specified in s. 968.13 (2). The
9documents shall be returnable to the court which issued the subpoena
. Motions to
10the court, including, but not limited to, motions or to the officer serving the subpoena
11when the subpoena directs. Any person filing a motion regarding a subpoena issued
12under this subsection, including a motion to quash or limit the subpoena, shall
be
13addressed to file it with the court which issued the subpoena. Any person who
14unlawfully refuses to produce the documents
under this subsection may be
15compelled to do so
as provided in under ch. 785. This section does not limit or affect
16any other subpoena authority provided by law.
AB383,484
17Section
484. 968.14 of the statutes is renumbered 968.485 (2) and amended
18to read:
AB383,143,2119
968.485
(2) Use of force. All necessary force may be used to execute a search
20warrant or to
effect any entry into enter any building or property or part thereof to
21execute a search warrant.
AB383,485
22Section
485. 968.15 of the statutes is renumbered 968.495, and 968.495 (1),
23as renumbered, is amended to read:
AB383,143,2524
968.495
(1) A search warrant
must
may not be executed
and returned not more
25than 5 days after the date of issuance.
AB383,486
1Section
486. Subchapter III (title) of chapter 968 [precedes 968.155] of the
2statutes is created to read:
AB383,144,54
subchapter III
5
Grand Juries
AB383,487
6Section
487. 968.16 of the statutes is renumbered 968.485 (3) and amended
7to read:
AB383,144,138
968.485
(3) Detention and search of persons on premises present. The person 9While executing the search warrant
, a law enforcement officer may reasonably
10detain
any occupant of the premises and
may reasonably detain and search any
11person on the premises
at the time to protect
himself or herself the law enforcement
12officer from attack or to prevent the disposal or concealment of any item particularly
13described in the search warrant.
AB383,488
14Section
488. 968.17 of the statutes is renumbered 968.506.
AB383,489
15Section
489. 968.18 of the statutes is renumbered 968.605.
AB383,490
16Section
490. 968.19 of the statutes is renumbered 968.615 and amended to
17read:
AB383,144,22
18968.615 Custody of property seized.
Property A law enforcement officer
19shall safely keep property seized under a search warrant or validly seized without
20a warrant
shall be safely kept by the officer, who
and may leave it in the custody of
21the sheriff and take a receipt
therefor, for it. The property shall be kept so long as
22necessary for the purpose of being produced as evidence on any trial.
AB383,491
23Section
491. 968.20 (title) of the statutes is renumbered 968.625 (title).