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).
AB383,492
24Section
492. 968.20 (1) of the statutes is renumbered 968.625 (1), and 968.625
25(1) (intro.) and (a), as renumbered, are amended to read:
AB383,145,10
1968.625
(1) (intro.) Any person claiming the right to possession of property
2seized pursuant to a search warrant or seized without a search warrant may apply
3for its return to the
circuit court for the county in which the property was seized or
4where the search warrant was returned. The court shall order such notice as it
5deems adequate to be given the district attorney and all persons who have or may
6have an interest in the property and shall hold a hearing to hear all claims to its true
7ownership. If the right to possession is proved to the court's satisfaction, it shall
8order the property, other than contraband or property covered under sub. (1m) or (1r)
9or s. 173.12
(1m), 173.21
(4) (1), or
968.205 968.645, returned if
any of the following
10applies:
AB383,145,1211
(a) The property is not needed as evidence or, if needed, satisfactory
12arrangements can be made for its return for subsequent use as evidence
; or.
AB383,493
13Section
493. 968.20 (1m) of the statutes is renumbered 968.625 (1m), and
14968.625 (1m) (b), as renumbered, is amended to read:
AB383,145,2115
968.625
(1m) (b) If the seized property is a dangerous weapon or ammunition,
16the property shall not be returned to any person who committed a crime involving
17the use of the dangerous weapon or the ammunition. The property may be returned
18to the rightful owner under this section if the owner had no prior knowledge of and
19gave no consent to the commission of the crime. Property which may not be returned
20to an owner under this subsection shall be disposed of under
subs. (3) and (4) s.
21175.27.
AB383,494
22Section
494. 968.20 (1r) of the statutes is renumbered 968.625 (1r).
AB383,495
23Section
495. 968.20 (2) of the statutes is renumbered 968.625 (2) and amended
24to read:
AB383,146,4
1968.625
(2) Property not required for evidence or use in further investigation,
2unless contraband or property covered under sub. (1m) or (1r) or s. 173.12
(1m),
3173.21 (1), or
968.205 968.645, may be returned by the officer to the person from
4whom it was seized without the requirement of a hearing.
AB383,496
5Section
496. 968.20 (3) and (4) of the statutes are renumbered 175.27 (1) and
6(2) and amended to read:
AB383,147,87
175.27
(1) (a)
First Unless the dangerous weapons or ammunition may be
8returned to the owner under s. 968.625 (1m) (b), first class cities shall dispose of
9dangerous weapons or ammunition seized 12 months after taking possession of them
10if the owner, authorized under sub. (1m), has not requested their return and if the
11dangerous weapon or ammunition is not required for evidence or use in further
12investigation and has not been disposed of pursuant to a court order at the
13completion of a criminal action or proceeding. Disposition procedures shall be
14established by ordinance or resolution and may include provisions authorizing an
15attempt to return to the rightful owner any dangerous weapons or ammunition
16which appear to be stolen or are reported stolen. If enacted, any such provision shall
17include a presumption that
, if the dangerous weapons or ammunition appear to be
18or are reported stolen
, an attempt will be made to return the dangerous weapons or
19ammunition to the authorized rightful owner. If the return of a seized dangerous
20weapon other than a firearm is not requested by its rightful owner under
sub. s.
21968.625 (1) and is not returned by the officer under
sub. s. 968.625 (2), the city shall
22safely dispose of the dangerous weapon or, if the dangerous weapon is a motor
23vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure
24under s. 973.075 (4) or authorize a law enforcement agency to retain and use the
25motor vehicle. If the return of a seized firearm or ammunition is not requested by
1its authorized rightful owner under
sub.
s. 968.625 (1) and is not returned by the
2officer under
sub. s. 968.625 (2), the seized firearm or ammunition shall be shipped
3to and become property of the state crime laboratories. A person designated by the
4department of justice may destroy any material for which the laboratory has no use
5or arrange for the exchange of material with other public agencies. In lieu of
6destruction, shoulder weapons for which the laboratories have no use shall be turned
7over to the department of natural resources for sale and distribution of proceeds
8under s. 29.934 or for use under s. 29.938.
AB383,148,79
(b) Except as provided in par. (a)
or, sub.
(1m) (2), or
(4) s. 968.625 (1m), a city,
10village, town
, or county or other custodian of a seized dangerous weapon or
11ammunition, if the dangerous weapon or ammunition is not required for evidence or
12use in further investigation and has not been disposed of pursuant to a court order
13at the completion of a criminal action or proceeding, shall make reasonable efforts
14to notify all persons who have or may have an authorized rightful interest in the
15dangerous weapon or ammunition of the application requirements under
sub. s.
16968.625 (1). If, within 30 days after the notice, an application under
sub. s. 968.625 17(1) is not made and the seized dangerous weapon or ammunition is not returned by
18the officer under
sub. s. 968.625 (2), the city, village, town
, or county or other
19custodian may retain the dangerous weapon or ammunition and authorize its use by
20a law enforcement agency, except that a dangerous weapon used in the commission
21of a homicide or a handgun, as defined in s. 175.35 (1) (b), may not be retained. If
22a dangerous weapon other than a firearm is not so retained, the city, village, town
, 23or county or other custodian shall safely dispose of the dangerous weapon or, if the
24dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor
25vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is
1not so retained, the city, village, town
, or county or other custodian shall ship it to
2the state crime laboratories and it is then the property of the laboratories. A person
3designated by the department of justice may destroy any material for which the
4laboratories have no use or arrange for the exchange of material with other public
5agencies. In lieu of destruction, shoulder weapons for which the laboratory has no
6use shall be turned over to the department of natural resources for sale and
7distribution of proceeds under s. 29.934 or for use under s. 29.938.
AB383,148,17
8(2) Any property seized, other than property covered under s.
968.205 968.645,
9that poses a danger to life or other property in storage, transportation
, or use and
10that is not required for evidence or further investigation shall be safely disposed of
11upon command of the person in whose custody they are committed. The city, village,
12town
, or county shall by ordinance or resolution establish disposal procedures.
13Procedures may include provisions authorizing an attempt to return to the rightful
14owner substances which have a commercial value in normal business usage and do
15not pose an immediate threat to life or property. If enacted, any such provision shall
16include a presumption that if the substance appears to be or is reported stolen an
17attempt will be made to return the substance to the rightful owner.
AB383,497
18Section
497. 968.205 of the statutes is renumbered 968.645, and 968.645 (1)
19(a) and (b), (2) and (3) (b) 2., as renumbered, are amended to read:
AB383,149,220
968.645
(1) (a) "Custody" means actual custody of a person under a sentence
21of imprisonment, custody of a probationer, parolee, or person on extended
22supervision by the department of corrections, actual or constructive custody of a
23person pursuant to a dispositional order under ch. 938, supervision of a person,
24whether in institutional care or on conditional release, pursuant to a commitment
25order under
s. 971.17 subch. III of ch. 975, and supervision of a person under ch. 980,
1whether in detention before trial or while in institutional care or on supervised
2release pursuant to a commitment order.
AB383,149,73
(b) "Discharge date" means the date on which a person is released or discharged
4from custody that resulted from a criminal action, a delinquency proceeding under
5ch. 938, or a commitment proceeding under
s. 971.17
subch. III of ch. 975 or ch. 980
6or, if the person is serving consecutive sentences of imprisonment, the date on which
7the person is released or discharged from custody under all of the sentences.
AB383,149,16
8(2) Except as provided in sub. (3), if physical evidence that is in the possession
9of a law enforcement agency includes any biological material that was collected in
10connection with a criminal investigation that resulted in a criminal conviction,
11delinquency adjudication, or commitment under
s. 971.17 subch. III of ch. 975 or
s. 12980.06
and the biological material is from a victim of the offense that was the subject
13of the criminal investigation or may reasonably be used to incriminate or exculpate
14any person for the offense, the law enforcement agency shall preserve the physical
15evidence until every person in custody as a result of the conviction, adjudication, or
16commitment has reached his or her discharge date.
AB383,149,18
17(3) (b) 2. Submits a written request for retention of the evidence to the law
18enforcement agency
or district attorney.
AB383,498
19Section
498. 968.21 of the statutes is renumbered 968.465 (4).
AB383,499
20Section
499. 968.22 of the statutes is renumbered 968.515.
AB383,500
21Section
500. 968.23 of the statutes is renumbered 968.525.
AB383,501
22Section
501. 968.24 of the statutes is renumbered 968.555.
AB383,502
23Section
502. 968.25 of the statutes is renumbered 968.565 and amended to
24read:
AB383,150,13
1968.565 Search during temporary questioning. When a law enforcement
2officer has stopped a person for temporary questioning
pursuant to under s.
968.24 3968.555 and reasonably suspects that
he or she the law enforcement officer or
4another
individual is in danger of physical injury, the law enforcement officer may
5search
such the person for weapons or any instrument
or, article
, or substance
6readily capable of causing physical injury and of a sort not ordinarily carried in public
7places by law abiding persons. If the law enforcement officer finds such a weapon
8or instrument, or any other property possession of which the law enforcement officer
9reasonably believes may constitute the commission of a crime, or which may
10constitute a threat to
his or her the safety
of the law enforcement officer, the law
11enforcement officer may take it and keep it until the completion of the questioning,
12at which time the law enforcement officer shall either return it, if lawfully possessed,
13or arrest the person so questioned.
AB383,503
14Section
503. 968.255 (title) of the statutes is renumbered 968.585 (title).
AB383,504
15Section
504. 968.255 (1) of the statutes is renumbered 968.585 (1), and
16968.585 (1) (a) 3. and 4. and (b), as renumbered, are amended to read:
AB383,150,1917
968.585
(1) (a) 3. Taken into custody under s. 938.19 and there are reasonable
18grounds to believe the juvenile has committed an act which if committed by an adult
19would be
covered a misdemeanor under subd.
1. or 2.
or a felony.
AB383,150,2320
4. Arrested for any misdemeanor not specified in subd. 2., any other violation
21of state law punishable by forfeiture
, or any local ordinance
, if there is probable cause
22to believe the person is concealing a weapon or a thing which may constitute evidence
23of the offense for which he or she is detained.
AB383,151,3
1(b) "Strip search" means a search in which a detained person's genitals, pubic
2area, buttock
, or anus, or a detained female person's breast, is uncovered and either
3is exposed to view or is touched by a person conducting the search.
AB383,505
4Section
505. 968.255 (2) (intro.) of the statutes is renumbered 968.585 (2)
5(intro.) and amended to read:
AB383,151,76
968.585
(2) (intro.) No person may
be the subject
of another to a strip search
7unless
he or she is a detained person and if all of the following apply:
AB383,506
8Section
506. 968.255 (2) (a) of the statutes is renumbered 968.585 (2) (ar) and
9amended to read:
AB383,151,1210
968.585
(2) (ar) The person conducting the search is of the same sex as the
11person detained, unless the search is a body cavity search
conducted that is not
12prohibited under sub. (3)
;.
AB383,507
13Section
507. 968.255 (2) (b), (c), (d) and (e) of the statutes are renumbered
14968.585 (2) (b), (c), (d) and (e) and amended to read:
AB383,151,1615
968.585
(2) (b) The detained person is not exposed to the view of any person
16whose presence is not
reasonably needed for conducting the search
;.
AB383,151,1717
(c) The search is not reproduced through a visual or sound recording
;.
AB383,151,2118
(d) A person conducting the search has obtained the prior written
permission 19authorization of the chief
, or sheriff
or law enforcement administrator of the
20jurisdiction where the person is detained, or his or her designee, unless there is
21probable cause to believe that the detained person is concealing a weapon
; and.
AB383,151,2522
(e)
A The person conducting the search prepares a report identifying the
23person detained, all persons conducting the search, the time, date
, and place of the
24search
, and the written authorization required by par. (d), and provides a copy of the
25report to the person detained.
AB383,508
1Section
508. 968.255 (3) of the statutes is renumbered 968.585 (3) and
2amended to read:
AB383,152,43
968.585
(3) No person other than a physician, physician assistant
, or
4registered nurse licensed to practice in this state may conduct a body cavity search.
AB383,509
5Section
509. 968.255 (4) of the statutes is renumbered 946.77 and amended
6to read:
AB383,152,9
7946.77 Improper search of a detained person. A person who Whoever 8intentionally violates
this section may be fined not more than $1,000 or imprisoned
9not more than 90 days or both s. 968.585 is guilty of a Class B misdemeanor.