SB82-SSA1,104,83 970.07 (5) A person may comply with sub. (2) if he or she makes the oath by
4telephone contact with the district attorney or judge and immediately thereafter
5electronically transmits the statement, accompanied by the person's electronic
6signature, to the district attorney or judge. If the complaint is filed, the electronically
7transmitted statement shall be incorporated into a criminal complaint filed in either
8an electronic or paper format under s. 968.02 (2) 970.08.
SB82-SSA1,361 9Section 361. Subchapter I (title) of chapter 968 [precedes 968.015] of the
10statutes is created to read:
SB82-SSA1,104,1111 chapter 968
SB82-SSA1,104,1312 subchapter I
13 Inquests
SB82-SSA1,362 14Section 362. 968.02 (title) and (1) of the statutes are renumbered 970.08 (title)
15and (1) and amended to read:
SB82-SSA1,104,22 16970.08 (title) Issuance and filing of complaints Filing the complaint.
17(1) Except as otherwise provided in this section, a complaint charging a person with
18an offense shall be issued only by a
Only the district attorney of the county where
19the a crime is alleged to have been committed. A complaint is issued when it is
20approved for filing by the district attorney. The approval shall be in the form of a
21written endorsement on the complaint
may be tried under s. 970.14 may file a
22complaint
.
SB82-SSA1,363 23Section 363. 968.02 (2) of the statutes is repealed.
SB82-SSA1,364 24Section 364. 968.02 (3) of the statutes is repealed.
SB82-SSA1,365 25Section 365. 968.02 (4) of the statutes is repealed.
SB82-SSA1,366
1Section 366. 968.025 (title) of the statutes is created to read:
SB82-SSA1,105,2 2968.025 (title) Inquest procedures.
SB82-SSA1,367 3Section 367. 968.025 (3) of the statutes is created to read:
SB82-SSA1,105,64 968.025 (3) Where conducted. An inquest may be held in any county in this
5state in which venue would lie for the trial of any offense that could be charged as
6the result of or involving the death.
SB82-SSA1,368 7Section 368. 968.025 (4) (title) of the statutes is created to read:
SB82-SSA1,105,88 968.025 (4) (title) Jury selection.
SB82-SSA1,369 9Section 369. 968.025 (4) (e) of the statutes is created to read:
SB82-SSA1,105,1410 968.025 (4) (e) The court shall select the inquest jury by lot once a panel of at
11least 12 potential jurors has been qualified. If the inquest is likely to be protracted,
12the judge may select also one or more alternate jurors by lot. If more than 6 jurors
13remain after all of the evidence is presented, the court shall determine by lot which
14jurors will not participate in deliberations and discharge them.
SB82-SSA1,370 15Section 370. 968.03 (title) and (3) of the statutes are repealed.
SB82-SSA1,371 16Section 371. 968.03 (1) of the statutes is repealed.
SB82-SSA1,372 17Section 372. 968.03 (2) of the statutes is renumbered 969.20 (8) and amended
18to read:
SB82-SSA1,105,2419 969.20 (8) Withdrawal of warrant or summons and complaint. An unserved
20warrant or summons and complaint in a case in which an initial appearance has not
21been held
shall, at the request of the district attorney, be returned to the judge who
22may dismiss the action. Such
court, and the court shall dismiss the action. The
23request shall be in writing, it and shall state the reasons therefor in writing and shall
24be filed with the clerk
for which it is made.
SB82-SSA1,373 25Section 373. 968.035 (title) of the statutes is created to read:
SB82-SSA1,106,1
1968.035 (title) Witnesses.
SB82-SSA1,374 2Section 374. 968.04 (title) of the statutes is renumbered 969.20 (title) and
3amended to read:
SB82-SSA1,106,5 4969.20 (title) Warrant Issuance of arrest warrant or summons on
5complaint
.
SB82-SSA1,375 6Section 375. 968.04 (1) (intro.) of the statutes is renumbered 969.20 (1) and
7amended to read:
SB82-SSA1,106,208 969.20 (1) Warrants In general. If it appears from the complaint, or from an
9affidavit or affidavits filed with the complaint or after an examination under oath of
10the complainant or witnesses, when the
a judge determines that this is necessary,
11that
there is probable cause to believe that an offense has been committed and that
12the accused has committed it, the judge shall issue a warrant for the arrest of the
13defendant accused or a summons in lieu thereof. The probable cause determination
14may be based on a criminal complaint, an affidavit filed with the criminal complaint,
15or if the judge determines it is necessary, after an examination under oath of the
16complainant or witness.
The warrant or summons shall be delivered forthwith to a
17law enforcement officer for service. If the judge does not find probable cause to
18believe that an offense has been committed or that the accused has committed it, the
19judge shall record that finding on the complaint, file the complaint with the clerk,
20and dismiss the action without prejudice.
SB82-SSA1,376 21Section 376. 968.04 (1) (a) of the statutes is repealed.
SB82-SSA1,377 22Section 377. 968.04 (1) (b) of the statutes is renumbered 969.20 (4) and
23amended to read:
SB82-SSA1,107,524 969.20 (4) Issuance by judge from another county. A warrant or summons
25may be issued by a
judge in another county may issue a warrant or summons when

1there is no available judge of the county in which the complaint is issued. The
2warrant or summons shall be returnable before a judge to a court in the county in
3which the offense alleged in the complaint was committed, and the summons shall
4be returnable before the circuit court of the county in which the offense alleged in the
5complaint was committed
issued.
SB82-SSA1,378 6Section 378. 968.04 (1) (c) of the statutes is renumbered 969.20 (5) and
7amended to read:
SB82-SSA1,107,98 969.20 (5) Geographical limits. A judge issuing an arrest warrant may specify
9geographical limits for its enforcement of a warrant.
SB82-SSA1,379 10Section 379. 968.04 (1) (d) of the statutes is renumbered 969.20 (3) and
11amended to read:
SB82-SSA1,107,2312 969.20 (3) Examination of complainant or witness. An A judge shall place
13each complainant or witness under oath and arrange for all sworn testimony to be
14recorded, either by a stenographic reporter or by means of a voice recording device.
15A judge may permit an
examination of the complainant or witness under sub. (1) may
16or (2) to take place by telephone on request of the person seeking the warrant or
17summons unless good cause to the contrary appears. The judge shall place each
18complainant or witness under oath and arrange for all sworn testimony to be
19recorded, either by a stenographic reporter or by means of a voice recording device.

20The judge shall may have the record transcribed. The If the record is transcribed,
21the
transcript, certified as accurate by the judge or reporter, as appropriate, shall be
22filed with the court. If the testimony was recorded by means of a voice recording
23device, the judge shall also file the original recording with the court.
SB82-SSA1,380 24Section 380. 968.04 (2) (title) of the statutes is repealed.
SB82-SSA1,381
1Section 381. 968.04 (2) (a) of the statutes is renumbered 969.20 (7) (a) and
2amended to read:
SB82-SSA1,108,63 969.20 (7) (a) In After issuing a complaint in any case, the district attorney,
4after the issuance of a complaint,
may issue a summons in lieu of requesting the
5issuance of a warrant. The complaint district attorney shall then be filed file the
6complaint
with the clerk.
SB82-SSA1,382 7Section 382. 968.04 (2) (b) of the statutes is renumbered 969.20 (7) (b).
SB82-SSA1,383 8Section 383. 968.04 (2) (c) of the statutes is repealed.
SB82-SSA1,384 9Section 384. 968.04 (3) (title) of the statutes is repealed.
SB82-SSA1,385 10Section 385. 968.04 (3) (a) (intro.) of the statutes is renumbered 969.21 (1)
11(intro.) and amended to read:
SB82-SSA1,108,1312 969.21 (1) Warrant Mandatory provisions. (intro.) The An arrest warrant
13shall meet all of the following requirements:
SB82-SSA1,386 14Section 386. 968.04 (3) (a) 1. to 6. of the statutes are renumbered 969.21 (1)
15(a) to (f) and amended to read:
SB82-SSA1,108,1616 969.21 (1) (a) Be The warrant shall be in writing and signed by the judge.
SB82-SSA1,108,1917 (b) State The warrant shall state the name of the crime the defendant allegedly
18committed
and the number of the statutory section charged and number of the
19section alleged to have been
that the defendant allegedly violated.
SB82-SSA1,108,2020 (c) Have The warrant shall have attached to it a copy of the complaint.
SB82-SSA1,108,2321 (d) State The warrant shall state the name of the person to be arrested, if
22known, or if not known, designate the person to be arrested by any description by
23which the person to be arrested can be identified with reasonable certainty.
SB82-SSA1,108,2524 (e) State The warrant shall state the date when it was issued and, the name
25of the judge who issued it together with, and the title of the judge's office.
SB82-SSA1,109,4
1(f) Command The warrant shall command that the person against whom the
2complaint was made
alleged to have committed the crime in par. (b) be arrested and,
3except as provided in s. 969.20 (4), be
brought before the judge issuing the warrant,
4or, if the judge is absent or unable to act, before some other judge in the same county.
SB82-SSA1,387 5Section 387. 968.04 (3) (a) 7. of the statutes is renumbered 969.26 (1) and
6amended to read:
SB82-SSA1,109,87 969.26 (1) Arrest warrant. The An arrest warrant shall be in substantially the
8following form:
SB82-SSA1,109,99 STATE OF WISCONSIN,
SB82-SSA1,109,1010 .... County
SB82-SSA1,109,1111 State of Wisconsin
SB82-SSA1,109,1313 .... (Defendant(s))
SB82-SSA1,109,1414 THE STATE OF WISCONSIN TO ANY LAW ENFORCEMENT OFFICER:
SB82-SSA1,109,1915 A complaint or affidavit, copy of which is attached, having has been filed with
16me or testimony has been presented before me accusing the defendant(s) of
17committing the crime of .... contrary to sec. ...., Stats., and I having have found that
18there is probable cause exists that the crime was committed by to believe the
19defendant(s) committed that crime.
SB82-SSA1,109,2120 You are, therefore, commanded to arrest the defendant(s) and bring .... before
21me, or, if I am not available, before some other a judge of this county.
SB82-SSA1,109,2222 Dated ...., .... (year)
SB82-SSA1,109,2323 ....(Signature)
SB82-SSA1,109,2424 ....(Title)
SB82-SSA1,388 25Section 388. 968.04 (3) (a) 8. of the statutes is repealed.
SB82-SSA1,389
1Section 389. 968.04 (3) (b) (title) of the statutes is renumbered 969.22 (title).
SB82-SSA1,390 2Section 390. 968.04 (3) (b) 1. of the statutes is renumbered 969.22 (1) and
3amended to read:
SB82-SSA1,110,84 969.22 (1) Mandatory provisions. The summons shall command the defendant
5to appear before a court at a certain time and place and shall be in substantially the
6form set forth in subd. 3. s. 969.26 (2). The complaint and summons may be on the
7same form. If they are, the complaint shall be beneath the summons. If separate
8forms are used, a copy of the complaint shall be attached to the summons.
SB82-SSA1,391 9Section 391. 968.04 (3) (b) 2. of the statutes is renumbered 969.22 (2) and
10amended to read:
SB82-SSA1,110,1511 969.22 (2) Service. A summons may be served anywhere in the state and it
12shall be served by delivering a copy to the defendant personally or, by leaving a copy
13at the defendant's his or her usual place of abode with a person of discretion residing
14therein there, or by mailing a copy to the defendant's last-known address. It shall
15be served by a law enforcement officer.
SB82-SSA1,392 16Section 392. 968.04 (3) (b) 3. (intro.) of the statutes is renumbered 969.26 (2)
17(intro.) and amended to read:
SB82-SSA1,110,1918 969.26 (2) Summons. (intro.) The A summons shall be in substantially the
19following form:
SB82-SSA1,393 20Section 393. 968.04 (3) (b) 3. a. of the statutes is repealed.
SB82-SSA1,394 21Section 394. 968.04 (3) (b) 3. b. (intro.) of the statutes is repealed.
SB82-SSA1,395 22Section 395. 968.04 (3) (b) 3. b. (form) of the statutes is renumbered 969.26
23(2) (form) and amended to read:
SB82-SSA1,110,2424 969.26 (2) (form)
SB82-SSA1,110,2525 STATE OF WISCONSIN,
SB82-SSA1,111,1
1.... County
SB82-SSA1,111,22 State of Wisconsin
SB82-SSA1,111,44 .... (Defendant)
SB82-SSA1,111,55 THE STATE OF WISCONSIN TO SAID DEFENDANT:
SB82-SSA1,111,7 6 A complaint, copy of which is attached, having been made before me accusing
7the defendant of committing the crime of .... contrary to sec. ...., Stats.
SB82-SSA1,111,128 You, ...., are, therefore, summoned to must appear before Branch .... of the ....
9court
Circuit Court of .... County at the courthouse .... in the City of .... to answer said
10complaint,
on ...., .... (year), at .... o'clock in the .... noon, and in case of your failure
11to appear,
(date), ...., at .... a.m./p.m. If you do not appear, a warrant for your arrest
12may be issued.
SB82-SSA1,111,15 13You have been charged with committing the crime of .... in violation of section
14.... of the Wisconsin Statutes. A copy of the complaint charging you with that crime
15is attached.
SB82-SSA1,111,1616 Dated ...., .... (year)
SB82-SSA1,111,1717 .... (Signature)
SB82-SSA1,111,1818 .... District Attorney (Title)
SB82-SSA1,396 19Section 396. 968.04 (3) (b) 4. of the statutes is repealed.
SB82-SSA1,397 20Section 397. 968.04 (4) of the statutes is renumbered 969.21 (2), and 969.21
21(2) (a) to (d), as renumbered, are amended to read:
SB82-SSA1,111,2422 969.21 (2) (a) The Unless otherwise specified under s. 969.20 (5), an arrest
23warrant issued under this section shall be directed to all law enforcement officers of
24the state. A warrant and may be served anywhere in the state.
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