AB383,558
14Section
558. Subchapter V (title) of chapter 968 [precedes 968.455] of the
15statutes is created to read:
AB383,178,1616
chapter 968
AB383,178,1817
subchapter V
18
search and seizure
AB383,559
19Section
559. 968.46 of the statutes is renumbered 968.215 and amended to
20read:
AB383,179,2
21968.215 Secrecy of motions. Notwithstanding s. 757.14, all motions,
22including but not limited to those for immunity or a privilege, brought by a
23prosecuting officer district attorney or witness appearing before a grand jury shall
24be made, heard
, and decided in complete secrecy and not in open court if the
1prosecuting officer or witness person bringing the motion or exercising the immunity
2or privilege so requests.
AB383,560
3Section
560. Subchapter VI (title) of chapter 968 [precedes 968.465] of the
4statutes is created to read:
AB383,179,76
subchapter VI
7
search warrants
AB383,561
8Section
561. 968.465 (5) and (6) of the statutes are created to read:
AB383,179,139
968.465
(5) Sealed warrant. A judge may order that a search warrant and
10supporting documents be held under seal for a specified period and may extend or
11reduce the period for good cause shown. The judge shall make the decision in his or
12her discretion, after balancing the reasons for secrecy against the defendant's and
13the public's right of access.
AB383,179,19
14(6) Permitting execution without announcement. A search warrant may
15authorize the executing officer to enter the premises designated in the warrant
16without announcement and delay under s. 968.485 (1) when the applicant shows that
17there is a reasonable suspicion that, in the particular circumstances, announcement
18and delay would be dangerous or futile or would inhibit the effective investigation
19of the crime by any means including but not limited to the destruction of evidence.
AB383,562
20Section
562. 968.47 of the statutes is renumbered 968.225 and amended to
21read:
AB383,180,2
22968.225 District Duties of district attorney, when to attend. Whenever
23required by the grand jury
it shall be the duty of, the district attorney of the county
24to shall attend
them
grand jury proceedings for the purpose of examining witnesses
25in
their the presence
or of giving them of the grand jury, give the grand jury advice
1upon any legal matter, and
to issue subpoenas and other process to bring
up 2witnesses
before the grand jury.
AB383,563
3Section
563. 968.475 (2) (a) of the statutes is created to read:
AB383,180,44
968.475
(2) (a) Contraband.
AB383,564
5Section
564. 968.475 (2) (e) of the statutes is created to read:
AB383,180,66
968.475
(2) (e) A designated person.
AB383,565
7Section
565. 968.475 (3) of the statutes is created to read:
AB383,180,108
968.475
(3) Section 968.705 applies to documents to be subpoenaed if the
9documents are under the control of a person not reasonably suspected to be
10concerned in the commission of a crime.
AB383,566
11Section
566. 968.48 of the statutes is renumbered 968.235 and amended to
12read:
AB383,180,22
13968.235 Attendance; absence; excuse Grand jury attendance; number
14required for grand jury session; number required to concur in and
15indictment. Each grand juror shall attend every session of the grand jury unless
16excused by the presiding juror. The presiding juror may excuse a grand juror from
17attending a grand jury session only for a reason which appears to the presiding juror
18in his or her discretion as good and sufficient cause for the
excuse juror's absence.
19No business may be transacted at any session of the grand jury
at which less if fewer 20than 14 members of the grand jury are in attendance
, and no
indictment may be
21found by any grand jury
may indict unless at least 12
of their number shall grand
22jurors concur in the indictment.
AB383,567
23Section
567. 968.485 (title) and (1) of the statutes are created to read:
AB383,181,3
24968.485 (title)
Execution of a search warrant. (1) Knock and announce
25requirement and exceptions. When seeking to enter a dwelling to execute a search
1warrant, a law enforcement officer shall first announce the purpose and authority
2to enter and allow a reasonable time for the door to be opened, unless one of the
3following applies:
AB383,181,74
(a) The search warrant authorizes the entry of the premises without
5announcement and delay and the reasonable suspicion under s. 968.465 (6)
6justifying the authorizing provision continues to exist at the time the warrant is
7executed.
AB383,181,128
(b) Under the particular circumstances that the warrant is executed, the law
9enforcement officer has reasonable suspicion, that was not, or reasonably could not
10have been, known when the warrant was requested, that announcement and delay
11would be dangerous or futile or would inhibit the effective investigation of the crime
12by any means including but not limited to the destruction of evidence.
AB383,568
13Section
568. 968.49 of the statutes is renumbered 968.245 and amended to
14read:
AB383,181,19
15968.245 Fine for nonattendance. Any person lawfully summoned to attend
16as a grand juror who fails to attend without
any sufficient excuse shall
pay a fine not
17exceeding be fined not more than $40, which
shall be imposed by the court to which
18the person was summoned
shall impose and
which shall be paid into the county
19treasury.
AB383,569
20Section
569. 968.50 of the statutes is renumbered 968.252 and amended to
21read:
AB383,181,24
22968.252 Report progress and return indictments. A grand jury may
23report progress and return indictments to the court from time to time during its
24session
and until discharged.
AB383,570
25Section
570. 968.505 (title) of the statutes is renumbered 968.262 (title).
AB383,571
1Section
571. 968.505 of the statutes is renumbered 968.262 (1) and amended
2to read:
AB383,182,63
968.262
(1) When the grand jury is discharged
, the clerk
of the grand jury shall
4collect all transcripts of testimony, minutes of proceedings, exhibits
, and other
5records of the grand jury
, and
, except as provided in sub. (2), shall deliver them as
6the jury directs either to the attorney general or to the district attorney
, or upon.
AB383,182,9
7(2) Upon approval of the court
, the grand jury may direct its clerk to deliver
8them grand jury materials collected under sub. (1) to the clerk of the court
, who shall
9impound them subject to
the further
order or orders of the court.
AB383,572
10Section
572. 968.51 of the statutes is renumbered 968.275 and amended to
11read:
AB383,182,17
12968.275 Indictment not to be disclosed.
No grand juror or officer of the
13court, if If the court
shall so
order, shall orders, no grand juror or officer of the court
14may disclose
the fact that any indictment for a felony has been found against that
15the grand jury has indicted any person not in custody or under recognizance,
16otherwise than by issuing or executing process on such indictment, until
such the 17person has been arrested.
AB383,573
18Section
573. 968.52 of the statutes is renumbered 968.285 and amended to
19read:
AB383,182,24
20968.285 Votes not to be disclosed. No grand juror may
be allowed to state
21or testify disclose in any court
in what manner how he or she or any other
member
22of the jury grand juror voted
or what opinion any grand juror expressed on any
23question before
them, or what opinion was expressed by any juror in relation to the
24question the grand jury.
AB383,574
1Section
574. 968.53 of the statutes is renumbered 968.295 and amended to
2read:
AB383,183,18
3968.295 When testimony may be disclosed. Members of the grand jury and
4any grand jury reporter may be required by any court Notwithstanding any oath or
5affirmation required under s. 968.165 or 968.185 (2), any court may require grand
6jurors and grand jury reporters to testify whether the testimony of a witness
7examined before the jury is consistent with or different from the evidence given by
8the witness before the court
; and they. Notwithstanding any oath or affirmation
9required under s. 968.165 or 968.185 (2), the court may
also be required require
10grand jurors and grand jury reporters also to disclose the testimony given before the
11grand jury by any person upon a complaint against the person for perjury
, or upon
12trial for the offense.
Any If the court receives in evidence any transcript of testimony
13taken before the grand jury
and certified by a, the grand jury
reporter to have 14reporter's certification that the transcript has been carefully compared by the
15reporter with his or her minutes of testimony
so taken and
to be is a true and correct
16transcript of all or a specified portion of the transcript
, may be received in evidence
17with shall have the same effect as the oral testimony of the reporter to the facts so
18certified, but the reporter may be cross-examined by any party as to the matter.
AB383,575
19Section
575. 968.585 (2) (ag) of the statutes is created to read:
AB383,183,2020
968.585
(2) (ag) The subject of the strip search is a detained person.
AB383,576
21Section
576. 968.585 (4m) of the statutes is created to read:
AB383,183,2322
968.585
(4m) Any evidence obtained by a strip search in violation of sub. (2)
23or (3) is not admissible as evidence at trial.
AB383,577
24Section
577. 968.585 (7) (cm) of the statutes is created to read:
AB383,183,2525
968.585
(7) (cm) The person is committed under ch. 980.
AB383,578
1Section
578. Subchapter VII (title) of chapter 968 [precedes 968.605] of the
2statutes is created to read:
AB383,184,54
subchapter VII
5
seized property
AB383,579
6Section
579. Subchapter VIII (title) of chapter 968 [precedes 968.705] of the
7statutes is created to read:
AB383,184,109
subchapter VIII
10
Miscellaneous
AB383,580
11Section
580. 968.705 (1) and (3) of the statutes are created to read:
AB383,184,1312
968.705
(1) In this section, "documents" has the meaning given in s. 968.475
13(1) (b).
AB383,184,16
14(3) Documents seized by or delivered to an officer pursuant to a subpoena under
15this section shall be deemed seized property for the purposes of ss. 968.615 and
16968.625.
AB383,581
17Section
581. 968.71 of the statutes is created to read:
AB383,184,18
18968.71 Disclosure of depositor status.
(1) In this section:
AB383,184,2019
(a) "Depository account" includes any monetary interest that a person
20maintains at a financial institution.
AB383,184,2121
(b) "Financial institution" has the meaning given in s. 214.01 (1) (jn).
AB383,185,3
22(2) Upon the request of the district attorney and a showing that the information
23requested is relevant to a criminal investigation, the court shall issue an order
24requiring any financial institution to disclose to the district attorney whether the
25person named in the order has a depository account with the financial institution or
1whether the person had a depository account with the financial institution at a prior
2specified time. Any person who unlawfully violates such an order may be compelled
3to do so under ch. 785.
AB383,582
4Section
582. Chapter 969 (title) of the statutes is repealed and recreated to
5read:
AB383,185,87
securing a defendant's
8
appearance; release
AB383,583
9Section
583. 969.001 (intro.) of the statutes is renumbered 969.30 (intro.) and
10amended to read:
AB383,185,11
11969.30 Definitions. (intro.) In this
chapter subchapter:
AB383,584
12Section
584. 969.001 (1) of the statutes is renumbered 967.025 (1) and
13amended to read:
AB383,185,1414
967.025
(1) "Bail" means monetary conditions of release
on bond.
AB383,585
15Section
585. 969.001 (2) of the statutes is repealed.
AB383,586
16Section
586. 969.01 (title) of the statutes is renumbered 969.31 (title).
AB383,587
17Section
587. 969.01 (1) of the statutes is renumbered 969.31 (1) and amended
18to read:
AB383,186,319
969.31
(1) Before conviction. Before conviction, except Except as provided in
20ss. 969.035 and 971.14 (1r) s. 969.43 or 975.32, a defendant arrested for a
criminal
21offense crime is eligible for release
before conviction under reasonable conditions
22designed to
assure ensure his or her appearance in court, protect members of the
23community from serious bodily harm, or prevent the intimidation of witnesses.
Bail
24may be imposed at or after the initial appearance only upon a finding by the court
25that there is a reasonable basis to believe that bail is necessary to assure appearance
1in court. In determining whether any conditions of release are appropriate, the judge
2shall first consider the likelihood of the defendant appearing for trial if released on
3his or her own recognizance.
AB383,588
4Section
588. 969.01 (2) (title) of the statutes is repealed.
AB383,589
5Section
589. 969.01 (2) (a) of the statutes is renumbered 969.31 (2) and
6amended to read:
AB383,186,127
969.31
(2) After conviction. Release pursuant to s. 969.02 or 969.03 may be
8allowed in the discretion of In its discretion the trial court
may allow release on
9conditions after conviction and prior to sentencing
or the granting of probation. This
10paragraph does not apply to a conviction for a 3rd or subsequent violation that is
11counted as a suspension, revocation, or conviction under s. 343.307, or under s.
12940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.
AB383,590
13Section
590. 969.01 (2) (b) and (c) of the statutes are consolidated, renumbered
14974.09 (1) (a) and amended to read:
AB383,186,1815
974.09
(1) (a) In misdemeanors
, release may be allowed upon appeal in the
16discretion of the trial court. (c) In and felonies, release may be allowed upon appeal
17in the discretion of the
trial court
pursuant to ss. 809.31, 969.32, 969.33, 969.37,
18969.38, 969.39, 969.40, 969.41, and 969.42.
AB383,591
19Section
591. 969.01 (2) (d) of the statutes is renumbered 974.09 (1) (b) and
20amended to read:
AB383,186,2221
974.09
(1) (b) The supreme court or a justice thereof or the court of appeals or
22a judge thereof may allow release
after conviction
pending appeal.
AB383,592
23Section
592. 969.01 (2) (e) of the statutes is renumbered 974.09 (1) (c).
AB383,593
24Section
593. 969.01 (3) of the statutes is renumbered 969.52 and amended to
25read:
AB383,187,15
1969.52 Bail for witness
Arrest of a witness and release on bond. If A
2judge may issue a warrant for the arrest of a person who is not in court, other than
3the defendant, if it appears
by from an affidavit
or examination under oath that
there
4is probable cause to believe that the
person's testimony
of a person is material in
any
5felony a criminal proceeding and that it may become impracticable to secure the
6person's presence by subpoena
, the judge may require such person to give bail for.
7Upon return of the warrant, the court may set conditions of release to secure the
8person's appearance as a witness.
If the witness is not in court, a warrant for the
9person's arrest may be issued and upon return thereof the court may require the
10person to give bail as provided in s. 969.03 for the person's appearance as a witness. 11If the person fails to
give bail, the person may be committed satisfy the conditions
12of release, the court may commit the person to the custody of the sheriff for a period
13not to exceed 15 days
, within which time the person's deposition shall be taken
as
14provided in, upon notice to the parties under s.
967.04 967.21. After the deposition
15has been subscribed, the court shall discharge the witness.
AB383,594
16Section
594. 969.01 (4) of the statutes is renumbered 969.33 (1) (intro.) and
17amended to read:
AB383,188,218
969.33
(1) Considerations in setting conditions of release. (intro.)
If bail is
19imposed, it shall be only in the amount found necessary to assure the appearance of
20the defendant. Conditions of release, other than monetary conditions, may be
21imposed for the purpose of protecting members of the community from serious bodily
22harm or preventing intimidation of witnesses. Proper considerations in In 23determining whether to release the defendant without
bail, monetary conditions, in 24fixing
monetary conditions in a reasonable amount
of bail or, or in imposing other
1reasonable conditions
of release are: the, the court, judge, or justice may consider,
2without limitation, any of the following:
AB383,188,3
3(a) The ability of the arrested person to give bail
, the.
AB383,188,5
4(b) The nature, number
, and gravity of the
alleged offenses and the potential
5penalty the defendant faces
, whether.
AB383,188,6
6(c) Whether the alleged acts were violent in nature
,the.
AB383,188,8
7(d) The defendant's prior
record of criminal convictions and delinquency
8adjudications criminal record, if any
, the.
AB383,188,9
9(e) The character, health, residence
, and reputation of the defendant
, the.
AB383,188,11
10(f) The character and strength of the evidence which has been presented to the
11judge
, whether.
AB383,188,13
12(g) Whether the defendant is currently on probation, extended supervision or
13parole
, whether.