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431. 968.09 (2) of the statutes is repealed.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":
SB82-SSA1,123,18
17(b) "Documents" includes, but is not limited to, books, papers, records,
18recordings, tapes, photographs, films
, or computer or electronic data.
SB82-SSA1,448
19Section
448. 968.135 (title) of the statutes is renumbered 968.705 (title).
SB82-SSA1,449
20Section
449. 968.135 of the statutes is renumbered 968.705 (1) and amended
21to read:
SB82-SSA1,124,222
968.705
(1) Upon the request of the attorney general or a district attorney and
23upon a showing of probable cause under s.
968.12
968.465, a court shall issue a
24subpoena requiring the production of documents
, as
specified defined in s.
968.13 (2).
25The documents shall be returnable to the court which issued the subpoena. Motions
1to the court, including, but not limited to, 968.475 (1) (b), within a reasonable time
2set by the court and set forth in the subpoena.
SB82-SSA1,124,4
3(4) The person to whom the subpoena is directed may make motions to quash
4or limit the subpoena
, shall be addressed to the court which issued the subpoena.
SB82-SSA1,124,6
5(5) Any person who unlawfully refuses to produce the documents
under sub.
6(1) may be compelled to do so
as provided in
under ch. 785.
SB82-SSA1,124,8
7(7) This section does not limit or affect any other subpoena authority provided
8by law.
SB82-SSA1,450
9Section
450. 968.14 of the statutes is renumbered 968.485 (1).
SB82-SSA1,451
10Section
451. 968.15 of the statutes is renumbered 968.495, and 968.495 (1),
11as renumbered, is amended to read:
SB82-SSA1,124,1312
968.495
(1) A search warrant
must
may not be executed
and returned not more
13than 5 days after the date of issuance.
SB82-SSA1,452
14Section
452. Subchapter III (title) of chapter 968 [precedes 968.155] of the
15statutes is created to read:
SB82-SSA1,124,1817
subchapter III
18
Grand Juries
SB82-SSA1,453
19Section
453. 968.16 of the statutes is renumbered 968.485 (2).
SB82-SSA1,454
20Section
454. 968.17 of the statutes is renumbered 968.506.
SB82-SSA1,455
21Section
455. 968.18 of the statutes is renumbered 968.605.
SB82-SSA1,456
22Section
456. 968.19 of the statutes is renumbered 968.615 and amended to
23read:
SB82-SSA1,125,3
24968.615 Custody of property seized. Property A law enforcement officer
25shall safely keep property seized under a search warrant or validly seized without
1a warrant
shall be safely kept by the officer, who and may leave it in the custody of
2the sheriff and take a receipt
therefor, for it. The property shall be kept so long as
3necessary for the purpose of being produced as evidence on any trial.
SB82-SSA1,457
4Section
457. 968.20 (title) of the statutes is renumbered 968.625 (title).
SB82-SSA1,125,117
968.625
(1) Any person claiming the right to possession of property seized
8pursuant to a search warrant or seized without a search warrant may apply for its
9return to the
circuit court for the county in which the property was seized or where
10the search warrant was returned, except that a court may commence a hearing, on
11its own initiative, to return property seized under s.
968.26 968.105.
SB82-SSA1,459
12Section
459. 968.20 (1g) of the statutes, as affected by
2015 Wisconsin Act 64,
13is renumbered 968.625 (1g), and 968.625 (1g) (intro.), as renumbered, is amended to
14read:
SB82-SSA1,125,2115
968.625
(1g) (intro.) The court shall order such notice as it deems adequate to
16be given the district attorney and, unless notice was provided under s. 968.26 (7), to
17all persons who have or may have an interest in the property. The court shall hold
18a hearing to hear all claims to its true ownership. If the right to possession is proved
19to the court's satisfaction, it shall order the property, other than contraband or
20property covered under sub. (1m) or (1r) or s. 173.12
(1m), 173.21
(4) (1), or
968.205 21968.645, returned if
any of the following applies:
SB82-SSA1,460
22Section
460. 968.20 (1m) of the statutes, as affected by
2015 Wisconsin Act
23141, is renumbered 968.625 (1m), and 968.625 (1m) (e), as renumbered, is amended
24to read:
SB82-SSA1,126,2
1968.625
(1m) (e) Property which may not be returned to an owner under this
2subsection shall be disposed of under
subs. (3) and (4) s. 175.27.
SB82-SSA1,461
3Section
461. 968.20 (1r) of the statutes is renumbered 968.625 (1r).
SB82-SSA1,126,96
968.625
(2) Property not required for evidence or use in further investigation,
7unless contraband or property covered under sub. (1m) (c) or (1r) or s. 173.12
(1m),
8173.21 (1), or
968.205 968.645, may be returned by the officer to the person from
9whom it was seized without the requirement of a hearing.
SB82-SSA1,463
10Section
463. 968.20 (3) and (4) of the statutes are renumbered 175.27 (1) and
11(2) and amended to read:
SB82-SSA1,127,1312
175.27
(1) (a)
First Unless the dangerous weapons or ammunition may be
13returned to the owner under s. 968.625 (1m) (b), first class cities shall dispose of
14dangerous weapons or ammunition seized 12 months after taking possession of them
15if the owner, authorized under sub. (1m), has not requested their return and if the
16dangerous weapon or ammunition is not required for evidence or use in further
17investigation and has not been disposed of pursuant to a court order at the
18completion of a criminal action or proceeding. Disposition procedures shall be
19established by ordinance or resolution and may include provisions authorizing an
20attempt to return to the rightful owner any dangerous weapons or ammunition
21which appear to be stolen or are reported stolen. If enacted, any such provision shall
22include a presumption that
, if the dangerous weapons or ammunition appear to be
23or are reported stolen
, an attempt will be made to return the dangerous weapons or
24ammunition to the authorized rightful owner. If the return of a seized dangerous
25weapon other than a firearm is not requested by its rightful owner under
sub. s.
1968.625 (1) and is not returned by the officer under
sub. s. 968.625 (2), the city shall
2safely dispose of the dangerous weapon or, if the dangerous weapon is a motor
3vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure
4under s. 973.075 (4) or authorize a law enforcement agency to retain and use the
5motor vehicle. If the return of a seized firearm or ammunition is not requested by
6its authorized rightful owner under
sub. s. 968.625 (1) and is not returned by the
7officer under
sub. s. 968.625 (2), the seized firearm or ammunition shall be shipped
8to and become property of the state crime laboratories. A person designated by the
9department of justice may destroy any material for which the laboratory has no use
10or arrange for the exchange of material with other public agencies. In lieu of
11destruction, shoulder weapons for which the laboratories have no use shall be turned
12over to the department of natural resources for sale and distribution of proceeds
13under s. 29.934 or for use under s. 29.938.
SB82-SSA1,128,1214
(b) Except as provided in par. (a)
or, sub.
(1m) (2), or
(4) s. 968.625 (1m), a city,
15village, town
, or county or other custodian of a seized dangerous weapon or
16ammunition, if the dangerous weapon or ammunition is not required for evidence or
17use in further investigation and has not been disposed of pursuant to a court order
18at the completion of a criminal action or proceeding, shall make reasonable efforts
19to notify all persons who have or may have an authorized rightful interest in the
20dangerous weapon or ammunition of the application requirements under
sub. s.
21968.625 (1). If, within 30 days after the notice, an application under
sub. s. 968.625 22(1) is not made and the seized dangerous weapon or ammunition is not returned by
23the officer under
sub. s. 968.625 (2), the city, village, town
, or county or other
24custodian may retain the dangerous weapon or ammunition and authorize its use by
25a law enforcement agency, except that a dangerous weapon used in the commission
1of a homicide or a handgun, as defined in s. 175.35 (1) (b), may not be retained. If
2a dangerous weapon other than a firearm is not so retained, the city, village, town
, 3or county or other custodian shall safely dispose of the dangerous weapon or, if the
4dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor
5vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is
6not so retained, the city, village, town
, or county or other custodian shall ship it to
7the state crime laboratories and it is then the property of the laboratories. A person
8designated by the department of justice may destroy any material for which the
9laboratories have no use or arrange for the exchange of material with other public
10agencies. In lieu of destruction, shoulder weapons for which the laboratory has no
11use shall be turned over to the department of natural resources for sale and
12distribution of proceeds under s. 29.934 or for use under s. 29.938.
SB82-SSA1,128,22
13(2) Any property seized, other than property covered under s.
968.205 968.645,
14that poses a danger to life or other property in storage, transportation
, or use and
15that is not required for evidence or further investigation shall be safely disposed of
16upon command of the person in whose custody they are committed. The city, village,
17town
, or county shall by ordinance or resolution establish disposal procedures.
18Procedures may include provisions authorizing an attempt to return to the rightful
19owner substances which have a commercial value in normal business usage and do
20not pose an immediate threat to life or property. If enacted, any such provision shall
21include a presumption that if the substance appears to be or is reported stolen an
22attempt will be made to return the substance to the rightful owner.
SB82-SSA1,464
23Section
464. 968.205 of the statutes is renumbered 968.645, and 968.645 (1)
24(a) and (b) and (2), as renumbered, are amended to read:
SB82-SSA1,129,8
1968.645
(1) (a) "Custody" means actual custody of a person under a sentence
2of imprisonment, custody of a probationer, parolee, or person on extended
3supervision by the department of corrections, actual or constructive custody of a
4person pursuant to a dispositional order under ch. 938, supervision of a person,
5whether in institutional care or on conditional release, pursuant to a commitment
6order under s.
971.17 971.85, and supervision of a person under ch. 980, whether in
7detention before trial or while in institutional care or on supervised release pursuant
8to a commitment order.
SB82-SSA1,129,139
(b) "Discharge date" means the date on which a person is released or discharged
10from custody that resulted from a criminal action, a delinquency proceeding under
11ch. 938, or a commitment proceeding under s.
971.17
971.85 or ch. 980 or, if the
12person is serving consecutive sentences of imprisonment, the date on which the
13person is released or discharged from custody under all of the sentences.
SB82-SSA1,129,22
14(2) Except as provided in sub. (3), if physical evidence that is in the possession
15of a law enforcement agency includes any biological material that was collected in
16connection with a criminal investigation that resulted in a criminal conviction,
17delinquency adjudication, or commitment under s.
971.17 971.85 or 980.06 and the
18biological material is from a victim of the offense that was the subject of the criminal
19investigation or may reasonably be used to incriminate or exculpate any person for
20the offense, the law enforcement agency shall preserve the physical evidence until
21every person in custody as a result of the conviction, adjudication, or commitment
22has reached his or her discharge date.
SB82-SSA1,465
23Section
465. 968.21 of the statutes is renumbered 968.465 (4).
SB82-SSA1,466
24Section
466. 968.22 of the statutes is renumbered 968.515.
SB82-SSA1,467
25Section
467. 968.23 of the statutes is renumbered 968.525.