SB82-SSA1,109,2323
....(Signature)
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 of the statutes is repealed.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 a. of the statutes is repealed.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 of the statutes is repealed.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-SSA1,111,22
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.
SB82-SSA1,112,3
1(b) A warrant is served by arresting the defendant and informing the defendant
2as soon as practicable of the nature of the crime with which
the defendant he or she 3is charged.
SB82-SSA1,112,84
(c) An arrest may be made by a law enforcement officer without a warrant in
5the law enforcement officer's possession when the law enforcement officer
has
6knowledge reasonably believes that a warrant has been issued. In such case, the
7officer shall inform the defendant as soon as practicable of the nature of the crime
8with which the defendant is charged.
SB82-SSA1,112,119
(d) The law enforcement officer arresting a defendant shall
endorse record 10upon the warrant the time and place of the arrest
and the law enforcement officer's
11fees and mileage therefor.
SB82-SSA1,398
12Section
398. 968.05 of the statutes is renumbered 969.23, and 969.23 (1) and
13(2), as renumbered, are amended to read:
SB82-SSA1,112,1914
969.23
(1) When a corporation or limited liability company is charged with
the
15commission of committing a criminal offense, the judge or district attorney shall
16issue a summons setting forth the nature of the offense and commanding the
17corporation or limited liability company to appear before a court at a specific time
18and place.
The corporation or limited liability company shall appear by a corporate
19officer or an authorized agent other than defense counsel.
SB82-SSA1,112,24
20(2) The summons for the appearance of a corporation or limited liability
21company may be served
as provided for service of a summons in the same way that
22a summons is served upon a corporation or limited liability company in a civil action
23under s. 801.11 (5). The summons
shall be returnable not less than may not be
24returnable until at least 10 days after service.
SB82-SSA1,399
25Section
399. 968.06 (title) of the statutes is repealed.
SB82-SSA1,400
1Section
400. 968.06 of the statutes is renumbered 970.06 (4) and amended to
2read:
SB82-SSA1,113,73
970.06
(4) Upon indictment by a grand jury a complaint shall be
issued filed,
4as provided by s.
968.02 970.08, upon the person named in the indictment and the
5person shall be entitled to a preliminary hearing under s.
970.03 971.042, and all
6proceedings thereafter shall be the same as if the person had been initially charged
7under s.
968.02 970.08 and had not been indicted by a grand jury.
SB82-SSA1,401
8Section
401. 968.07 of the statutes is renumbered 969.16, and 969.16 (1) to
9(3), as renumbered, are amended to read:
SB82-SSA1,113,1110
969.16
(1) A Except as provided in sub. (3), a law enforcement officer may
11arrest a person when:
SB82-SSA1,113,1312
(a) The law enforcement officer has a warrant commanding that such person
13be arrested
; or.
SB82-SSA1,113,1514
(b) The law enforcement officer
reasonably believes
, on reasonable grounds, 15that a warrant for the person's arrest has been issued in this state
; or.
SB82-SSA1,113,1716
(c) The law enforcement officer
reasonably believes
, on reasonable grounds, 17that a felony warrant for the person's arrest has been issued in another state
; or.
SB82-SSA1,113,1918
(d)
There are reasonable grounds The law enforcement officer has probable
19cause to believe that the person is committing or has committed a crime.
SB82-SSA1,113,22
20(1m) Notwithstanding sub. (1), a law enforcement officer shall arrest a person
21when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128 (1) (b),
22or
968.075 (2) (a) 969.27 (2) (a) or (5) (e).
SB82-SSA1,113,25
23(2) A law enforcement officer making a lawful arrest may command the aid of
24any person, and such person shall have the same power as
that of the law
25enforcement officer.
SB82-SSA1,114,5
1(3) If the alleged violator under No law enforcement officer may arrest a person
2alleged to have violated s. 948.55 (2) or 948.60 (2) (c)
until at least 7 days after the
3date of the shooting, if the person is or was the parent or guardian of a child who is
4injured or dies as a result of
an accidental
the shooting
, no law enforcement officer
5may arrest the alleged violator until at least 7 days after the date of the shooting.
SB82-SSA1,402
6Section
402. 968.073 of the statutes is renumbered 969.165, and 969.165 (2),
7as renumbered, is amended to read:
SB82-SSA1,114,118
969.165
(2) It is the policy of this state to make an audio or audio and visual
9recording of a custodial interrogation of a person suspected of committing a felony
10unless a condition under s.
972.115 (2) 972.18 (3) (a) 1. to 6. applies or good cause is
11shown for not making an audio or audio and visual recording of the interrogation.
SB82-SSA1,403
12Section
403. 968.075 (title) of the statutes is renumbered 969.27 (title).
SB82-SSA1,404
13Section
404. 968.075 (1) of the statutes is renumbered 969.27 (1).
SB82-SSA1,405
14Section
405. 968.075 (2) (a) of the statutes is renumbered 969.27 (2) (a), and
15969.27 (2) (a) (intro.), as renumbered, is amended to read:
SB82-SSA1,114,1816
969.27
(2) (a) (intro.) Notwithstanding s.
968.07 (1) 969.16 (1) and except as
17provided in pars. (am) and (b), a law enforcement officer shall arrest and take a
18person into custody if:
SB82-SSA1,406
19Section
406. 968.075 (2) (am) of the statutes is renumbered 969.27 (2) (am)
20and amended to read:
SB82-SSA1,114,2521
969.27
(2) (am) Notwithstanding s.
968.07 (1) 969.16 (1), unless the person's
22arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (b) or
23sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is
24generally not appropriate for a law enforcement officer to arrest anyone under par.
25(a) other than the predominant aggressor.
SB82-SSA1,407
1Section
407. 968.075 (2) (ar) of the statutes is renumbered 969.27 (2) (ar).
SB82-SSA1,408
2Section
408. 968.075 (2) (b) of the statutes is renumbered 969.27 (2) (b).
SB82-SSA1,409
3Section
409. 968.075 (2m) of the statutes is renumbered 969.27 (2m) and
4amended to read:
SB82-SSA1,115,85
969.27
(2m) Immediate release prohibited. Unless s.
968.08 969.17 applies,
6a law enforcement officer may not release a person whose arrest was required under
7sub. (2) until the person
posts bail remits a cash deposit under s.
969.07 969.36 or
8appears before a judge under s.
970.01 (1) subch. I of ch. 971.
SB82-SSA1,410
9Section
410. 968.075 (3) of the statutes is renumbered 969.27 (3).
SB82-SSA1,411
10Section
411. 968.075 (4) of the statutes is renumbered 969.27 (4).
SB82-SSA1,412
11Section
412. 968.075 (5) of the statutes is renumbered 969.27 (5), and 969.27
12(5) (e), as renumbered, is amended to read:
SB82-SSA1,115,1513
969.27
(5) (e) Notwithstanding s.
968.07 (1) 969.16 (1), a law enforcement
14officer shall arrest and take a person into custody if the officer has reasonable
15grounds to believe that the person has violated par. (a).
SB82-SSA1,413
16Section
413. 968.075 (6) to (9) of the statutes are renumbered 969.27 (6) to (9).
SB82-SSA1,414
17Section
414. 968.08 of the statutes is renumbered 969.17 and amended to
18read:
SB82-SSA1,115,24
19969.17 Release by law enforcement officer of arrested person. A Except
20as provided in s. 969.27 (5) (b) 1., a law enforcement officer having custody of a person
21arrested without a warrant may release the person arrested
with or without
22requiring the person to appear before a judge
if the law enforcement officer is
23satisfied that there are insufficient grounds for the issuance of a criminal complaint
24against the person arrested or the district attorney.
SB82-SSA1,415
1Section
415. 968.085 (title) of the statutes is renumbered 969.24 (title) and
2amended to read:
SB82-SSA1,116,4
3969.24 (title)
Citation; nature; issuance; release of accused for
4misdemeanor.
SB82-SSA1,416
5Section
416. 968.085 (1) of the statutes is renumbered 969.24 (1) and amended
6to read:
SB82-SSA1,116,117
969.24
(1) Nature. A citation under this section is a directive, issued by a law
8enforcement officer, that a person appear in court
and answer criminal charges. A
9citation is not or the district attorney's office. A sworn citation in compliance with
10sub. (3) (b) may be used as a criminal complaint
and may not be used as a substitute
11for a criminal complaint if endorsed by the district attorney as provided in sub. (5).
SB82-SSA1,417
12Section
417. 968.085 (2) (intro.) of the statutes is renumbered 969.24 (2) and
13amended to read:
SB82-SSA1,116,2014
969.24
(2) Authority to issue; effect. Except as provided in sub. (8), a A law
15enforcement officer may issue a citation to any person whom he or she has
reasonable
16grounds probable cause to believe has committed a misdemeanor. A citation may be
17issued in the field
or at the headquarters or precinct station of the officer instead of 18or
subsequent to at any time after a lawful arrest.
If a citation is issued, the person
19cited shall be released on his or her own recognizance. In determining whether to
20issue a citation, the law enforcement officer may consider whether:
SB82-SSA1,418
21Section
418. 968.085 (2) (a) to (f) of the statutes are repealed.
SB82-SSA1,419
22Section
419. 968.085 (3) (intro.) of the statutes is renumbered 969.24 (3)
23(intro.).
SB82-SSA1,420
24Section
420. 968.085 (3) (a) of the statutes is renumbered 969.24 (3) (a) and
25amended to read:
SB82-SSA1,117,5
1969.24
(3) (a)
Identify the offense and section which State essential facts
2constituting the crime the person
is alleged to have allegedly committed and the
3statutory section that the person allegedly violated, including the date
, and if
4material, identify the property and other persons involved of the offense and the
5maximum penalty for the offense.
SB82-SSA1,421
6Section
421. 968.085 (3) (b) of the statutes is renumbered 969.24 (3) (b) and
7amended to read:
SB82-SSA1,117,98
969.24
(3) (b)
Contain State the name
of the person cited and
the address of the
9person cited
, or other identification if
that the address cannot be ascertained.
SB82-SSA1,422
10Section
422. 968.085 (3) (c) of the statutes is renumbered 969.24 (3) (c).
SB82-SSA1,423
11Section
423. 968.085 (3) (d) of the statutes is renumbered 969.24 (3) (d) and
12amended to read:
SB82-SSA1,117,1513
969.24
(3) (d) Direct the person cited to appear
for his or her initial appearance
14in a designated court, at a designated at a specified location and at a specified time
15and date.
SB82-SSA1,424
16Section
424. 968.085 (4) of the statutes is renumbered 969.24 (4) and amended
17to read:
SB82-SSA1,117,2018
969.24
(4) Service. A The officer issuing the citation shall give a copy of the
19citation
shall be delivered to the person cited, and
file the original
must be filed with
20the district attorney.
SB82-SSA1,425
21Section
425. 968.085 (5) of the statutes is renumbered 969.24 (5) and amended
22to read:
SB82-SSA1,118,423
969.24
(5) Review by district attorney. The district attorney shall review the
24citation. The district attorney may issue a complaint by endorsing a sworn citation
25with his or her signature or issue a separate complaint charging the cited person.
1If the district attorney
reviews the case before the return date and declines to
2prosecute, he or she shall notify the law enforcement agency
which that issued the
3citation. The law enforcement agency shall attempt to notify the person cited that
4he or she will not be charged and is not required to appear as directed in the citation.
SB82-SSA1,426
5Section
426. 968.085 (6) of the statutes is renumbered 969.24 (6).
SB82-SSA1,427
6Section
427. 968.085 (7) of the statutes is renumbered 969.24 (7) and amended
7to read:
SB82-SSA1,118,108
969.24
(7) Preparation of Form. The
judicial conference shall prescribe the
9form and content of the citation
under s. 758.171 shall be in substantially the same
10form set forth in s. 969.26 (3).
SB82-SSA1,428
11Section
428. 968.085 (8) of the statutes is renumbered 969.24 (8) and amended
12to read: