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:
SB82-SSA1,118,1513
969.24
(8) Inapplicability to certain domestic abuse cases. A law enforcement
14officer may not issue a citation to a person for an offense if the officer is required to
15arrest the person for that offense under s.
968.075
969.27 (2).
SB82-SSA1,429
16Section
429. 968.09 (title) of the statutes is renumbered 969.50 (title) and
17amended to read:
SB82-SSA1,118,19
18969.50 (title)
Warrant
Bench warrant for defendant or witness on
19failure to appear.
SB82-SSA1,430
20Section
430. 968.09 (1) of the statutes is renumbered 969.50 (1) and amended
21to read:
SB82-SSA1,119,222
969.50
(1) When a defendant or a witness fails to appear before the court as
23required, or violates a
term of the defendant's or witness's bond or the defendant's
24or witness's probation, if any condition of release, the court may issue a bench
25warrant for the defendant's or witness's arrest which shall direct that the defendant
1or witness be brought before the court without unreasonable delay. The court shall
2state on the record at the time of issuance of the bench warrant the reason therefor.
SB82-SSA1,431
3Section
431. 968.09 (2) of the statutes is repealed.
SB82-SSA1,432
4Section
432. 968.10 of the statutes is renumbered 968.455, and 968.455
5(intro.), (1), (2), (3), (4) and (5), as renumbered, are amended to read:
SB82-SSA1,119,8
6968.455 Searches and seizures; when authorized. (intro.) A search of a
7person, object
, or place may be made and things may be seized when the search is
8made
under any of the following circumstances:
SB82-SSA1,119,9
9(1) Incident to a lawful arrest
;
.
SB82-SSA1,119,10
10(2) With consent
;.
SB82-SSA1,119,11
11(3) Pursuant to a valid search warrant
;.
SB82-SSA1,119,12
12(4) With the authority and within the scope of a right of lawful inspection
;.
SB82-SSA1,119,14
13(5) Pursuant to a search during an authorized temporary questioning as
14provided in s.
968.25; or 968.565.
SB82-SSA1,433
15Section
433. Subchapter II (title) of chapter 968 [precedes 968.105] of the
16statutes is created to read:
SB82-SSA1,119,1918
subchapter II
19
John doe proceedings
SB82-SSA1,434
20Section
434. 968.11 of the statutes is renumbered 968.575 and amended to
21read:
SB82-SSA1,119,25
22968.575 Scope of search incident to lawful arrest. When a lawful arrest
23is made, a law enforcement officer may reasonably search the person arrested and
24an area within such person's immediate presence for
any of the
purpose of following
25purposes:
SB82-SSA1,120,1
1(1) Protecting the officer from attack
;.
SB82-SSA1,120,2
2(2) Preventing the person from escaping
;.
SB82-SSA1,120,3
3(3) Discovering and seizing the fruits of the crime
; or
other offense.
SB82-SSA1,120,6
4(4) Discovering and seizing any instruments, articles
, or things which may
5have been used in the commission of, or which may constitute evidence of, the
6offense.
SB82-SSA1,435
7Section
435. 968.12 (title) of the statutes is renumbered 968.465 (title) and
8amended to read:
SB82-SSA1,120,9
9968.465 (title)
Search Application for and issuance of search warrant.
SB82-SSA1,436
10Section
436. 968.12 (1) of the statutes is renumbered 968.465 (1) and amended
11to read:
SB82-SSA1,120,1612
968.465
(1) Description and issuance. A search warrant is an order signed by
13a judge directing a law enforcement officer to conduct a search of a designated person,
14a designated object
, or a designated place for the purpose of seizing designated
15property or kinds of property. A judge shall issue a search warrant if probable cause
16is shown.
SB82-SSA1,437
17Section
437. 968.12 (2) and (3) (a) and (d) of the statutes are consolidated,
18renumbered 968.465 (2) and amended to read:
SB82-SSA1,121,1319
968.465
(2) Warrant upon affidavit Procedure generally. A search warrant
20may be based upon sworn complaint or Probable cause may be shown by an affidavit,
21or by oral testimony
, or by a combination of an affidavit and oral testimony. The
22affidavit or testimony shall be sworn to or affirmed and may be upon information and
23belief. Oral testimony shall be recorded by a
phonographic stenographic reporter or
24under sub. (3) (d), showing probable cause therefor. The complaint, affidavit or
25testimony may be upon information and belief. (3) (a) General rule. A search
1warrant may be based upon sworn oral testimony voice recording device and may be 2communicated to the judge
in person or by telephone, radio
, or other
reliable means
3of electronic communication
, under the procedure prescribed in this subsection. (d)
4Recording and certification of testimony. When a caller informs the judge that the
5purpose of the call is to request a warrant, the judge shall place under oath each
6person whose testimony forms a basis of the application and each person applying
7for the warrant. The judge or requesting person shall arrange for all sworn
8testimony to be recorded either by a stenographic reporter or by means of a voice
9recording device. The judge shall have the record transcribed. The
. A transcript
of
10the testimony, certified as accurate by the judge or reporter,
as appropriate, shall be
11filed with the court. If the testimony was recorded by means of a voice recording
12device, the judge shall also file and the original recording
of any testimony recorded
13by a voice recording device shall be filed with the court.
SB82-SSA1,438
14Section
438. 968.12 (3) (title) of the statutes is renumbered 968.465 (3) (title)
15and amended to read:
SB82-SSA1,121,1716
968.465
(3) (title)
Warrant upon oral Telephone and other remote testimony;
17duplicate warrant procedure.
SB82-SSA1,439
18Section
439. 968.12 (3) (b) of the statutes is renumbered 968.465 (3) (a) and
19amended to read:
SB82-SSA1,122,220
968.465
(3) (a)
Application.
The person who is requesting the warrant When
21the applicant for a search warrant is testifying outside the presence of the judge, the
22judge shall place the applicant under oath or affirmation and arrange for all
23testimony to be recorded. The applicant shall prepare a duplicate
original warrant
24and read the duplicate
original warrant, verbatim, to the judge. The judge shall
1enter, verbatim, what is read on the
original warrant.
The Thereafter, but before
2signing the original warrant, the judge may direct that the warrant be modified.
SB82-SSA1,440
3Section
440. 968.12 (3) (c) and (f) of the statutes are consolidated, renumbered
4968.465 (3) (b) and amended to read:
SB82-SSA1,122,165
968.465
(3) (b)
Issuance. If the judge determines that there is probable cause
6for the warrant, the judge shall
order the issuance of a issue the warrant by
directing
7the person requesting the warrant to sign the judge's name on the duplicate original
8warrant. In addition, the person shall sign his or her own name on the duplicate
9original warrant. The judge shall immediately sign signing the original warrant and
10enter on the face of the original warrant the exact time when the warrant was
11ordered to be issued.
The finding of probable cause for a warrant upon oral testimony
12shall be based on the same kind of evidence as is sufficient for a warrant upon
13affidavit. (f) Entry of time of execution.
The judge shall direct the applicant to sign
14the judge's name on the duplicate warrant. In addition the applicant shall sign his
15or her own name on the duplicate warrant. The person who executes the warrant
16shall enter the exact time of execution on the face of the duplicate
original warrant.
SB82-SSA1,441
17Section
441. 968.12 (3) (e) of the statutes is repealed.
SB82-SSA1,442
18Section
442. 968.12 (4) of the statutes is renumbered 968.465 (7).
SB82-SSA1,443
19Section
443. 968.13 (title) of the statutes is renumbered 968.475 (title) and
20amended to read:
SB82-SSA1,122,21
21968.475 (title)
Search warrant; property Property subject to seizure.
SB82-SSA1,444
22Section
444. 968.13 (1) (intro.) of the statutes is renumbered 968.475 (2)
23(intro.) and amended to read:
SB82-SSA1,122,2524
968.475
(2) (intro.) A search warrant may authorize the seizure of
any of the
25following:
SB82-SSA1,445
1Section
445. 968.13 (1) (a) of the statutes is renumbered 968.475 (1) (a) and
2amended to read:
SB82-SSA1,123,113
968.475
(1) (a)
"Contraband
, which" includes
without limitation because of
4enumeration, but is not limited to, lottery tickets, gambling machines
, or other
5gambling devices
,; lewd, obscene
, or indecent written matter, pictures, sound
6recordings
, or motion picture films
,
; forged money or written instruments and the
7tools, dies, machines
, or materials for making them
,; and controlled substances, as
8defined in s. 961.01 (4), and controlled substance analogs, as defined in s. 961.01
9(4m), and the implements for smoking or injecting them.
Gambling "Contraband"
10does not include machines or other gambling devices possessed by a shipbuilding
11business that complies with s. 945.095
are not subject to this section.
SB82-SSA1,446
12Section
446. 968.13 (1) (b), (c) and (d) of the statutes are renumbered 968.475
13(2) (b), (c) and (d).
SB82-SSA1,447
14Section
447. 968.13 (2) of the statutes is renumbered 968.475 (1) (intro.) and
15amended to read:
SB82-SSA1,123,1616
968.475
(1) (intro.) In this section
, "
documents":