SB82-SSA1,507
1Section
507
. 968.34 of the statutes is renumbered 968.376, and 968.376 (1)
2and (2), as renumbered, are amended to read:
SB82-SSA1,148,53
968.376
(1) Except as provided in this section, no person may install or use a
4pen register or a trap and trace device without first obtaining a court order under s.
5968.36 968.395 or
18 USC 3123 or
50 USC 1801 to
1811.
SB82-SSA1,148,8
6(2) The prohibition of sub. (1) does not apply with respect to the use of a pen
7register or a trap and trace device by a provider of electronic or wire communication
8service
if any of the following applies:
SB82-SSA1,148,129
(a)
Relating The use relates to the operation, maintenance
, and testing of a wire
10or electronic communication service or to the protection of the rights or property of
11the provider, or to the protection of users of that service from abuse of service or
12unlawful use of service
;.
SB82-SSA1,148,1613
(b)
To The use is to record the fact that a wire or electronic communication was
14initiated or completed in order to protect the provider, another provider furnishing
15service toward the completion of the wire communication, or a user of that service,
16from fraudulent, unlawful
, or abusive use of service
; or.
SB82-SSA1,148,1717
(c)
Where the The consent of the user of that service has been obtained.
SB82-SSA1,508
18Section
508. 968.35 of the statutes is renumbered 968.385, and 968.385 (1),
19as renumbered, is amended to read:
SB82-SSA1,148,2420
968.385
(1) The attorney general or a district attorney may make application
21for an order or an extension of an order under s.
968.36 968.395 authorizing or
22approving the installation and use of a pen register or a trap and trace device, in
23writing under oath or equivalent affirmation, to a
circuit court for the county where
24the device is to be located.
SB82-SSA1,509
1Section
509. 968.36 of the statutes is renumbered 968.395, and 968.395 (1),
2(2) (e), (4) and (5), as renumbered, are amended to read:
SB82-SSA1,149,73
968.395
(1) Upon an application made under s.
968.35 968.385, the court shall
4enter an ex parte order authorizing the installation and use of a pen register or a trap
5and trace device within the jurisdiction of the court if the court finds that the
6applicant has certified to the court that the information likely to be obtained by the
7installation and use is relevant to an ongoing criminal investigation.
SB82-SSA1,149,10
8(2) (e) Direct, upon the request of the applicant, the furnishing of information,
9facilities and technical assistance necessary to accomplish the installation of the pen
10register or trap and trace device under s.
968.37
968.405.
SB82-SSA1,149,13
11(4) Extensions of the order may be granted, but only upon an application for
12an order under s.
968.35 968.385 and upon the judicial finding required by sub. (1).
13The period of extension shall be for a period not to exceed 60 days.
SB82-SSA1,149,15
14(5) An order authorizing or approving the installation and use of a pen register
15or a trap and trace device shall direct
that
all of the following:
SB82-SSA1,149,1616
(a)
The That the order be sealed until otherwise ordered by the court
; and.
SB82-SSA1,149,2117
(b)
The That the person owning or leasing the line to which the pen register or
18a trap and trace device is attached, or who has been ordered by the court to provide
19assistance to the applicant, not disclose the existence of the pen register or trap and
20trace device or the existence of the investigation to the listed subscriber, or to any
21other person, unless or until otherwise ordered by the court.
SB82-SSA1,510
22Section
510. 968.37 of the statutes is renumbered 968.405, and 968.405 (1),
23(2), (3), (4) and (5), as renumbered, are amended to read:
SB82-SSA1,150,724
968.405
(1) Upon the request of the attorney general, a district attorney
, or an
25officer of a law enforcement agency authorized to install and use a pen register under
1ss.
968.28 968.315 to
968.37 968.405, a provider of wire or electronic communication
2service, landlord, custodian
, or other person shall furnish the investigative or law
3enforcement officer forthwith all information, facilities
, and technical assistance
4necessary to accomplish the installation of the pen register unobtrusively and with
5a minimum of interference with the services that the person so ordered by the court
6accords the party with respect to whom the installation and use is to take place, if
7the assistance is directed by a court order under s.
968.36 968.395 (5) (b).
SB82-SSA1,150,20
8(2) Upon the request of the attorney general, a district attorney
, or an officer
9of a law enforcement agency authorized to receive the results of a trap and trace
10device under ss.
968.28 968.315 to
968.37 968.405, a provider of a wire or electronic
11communication service, landlord, custodian
, or other person shall install the device
12forthwith immediately on the appropriate line and shall furnish the investigative or
13law enforcement officer all additional information, facilities
, and technical
14assistance including installation and operation of the device unobtrusively and with
15a minimum of interference with the services that the person so ordered by the court
16accords the party with respect to whom the installation and use is to take place, if
17the installation and assistance is directed by a court order under s.
968.36 968.395 18(5) (b). Unless otherwise ordered by the court, the results of the trap and trace device
19shall be furnished to the officer of a law enforcement agency, designated by the court,
20at reasonable intervals during regular business hours for the duration of the order.
SB82-SSA1,150,24
21(3) A provider of a wire or electronic communication service, landlord,
22custodian
, or other person who furnishes facilities or technical assistance under this
23section shall be reasonably compensated for the reasonable expenses incurred in
24providing the facilities and assistance.
SB82-SSA1,151,4
1(4) No cause of action may lie in any court against any provider of a wire or
2electronic communication service, its officers, employees
, or agents or other specified
3persons for providing information, facilities
, or assistance in accordance with the
4terms of a court order under s.
968.36 968.395.
SB82-SSA1,151,7
5(5) A good faith reliance on a court order, a legislative authorization
, or a
6statutory authorization is a complete defense against any civil or criminal action
7brought under ss.
968.28 968.315 to
968.37 968.405.
SB82-SSA1,511
8Section
511
. 968.373 of the statutes is renumbered 968.410.
SB82-SSA1,512
9Section
512. 968.375 (4) of the statutes is amended to read:
SB82-SSA1,151,1310
968.375
(4) Basis, application for, and issuance of subpoena or warrant. 11Section
968.12 968.465 (2) and (3) applies to the basis and application for, and
12issuance of, a subpoena under sub. (2) or a warrant under sub. (3) as it applies to the
13basis and application for, and issuance of, a search warrant under s.
968.12 968.465.
SB82-SSA1,513
14Section
513. 968.38 of the statutes is renumbered 968.725, and 968.725 (2)
15(intro.), (2m) (intro.), (3) (d), (4) (intro.) and (5) (intro.), as renumbered, are amended
16to read:
SB82-SSA1,151,2317
968.725
(2) (intro.) In a criminal action under s. 940.225, 948.02, 948.025,
18948.05, 948.06, 948.085, or 948.095, if all of the following apply, the district attorney
19shall apply to the
circuit court for his or her county to order the defendant to submit
20to an HIV test and to a test or a series of tests to detect the presence of a sexually
21transmitted disease, each of which tests shall be administered by a health care
22professional, and to disclose the results of the test or tests as specified in sub. (4) (a)
23to (c):
SB82-SSA1,152,3
24(2m) (intro.) In a criminal action under s. 946.43 (2m), the district attorney
25shall apply to the
circuit court for his or her county for an order requiring the
1defendant to submit to a test or a series of tests administered by a health care
2professional to detect the presence of communicable diseases and to disclose the
3results of the test or tests as specified in sub. (5) (a) to (c), if all of the following apply:
SB82-SSA1,152,6
4(3) (d) If the court has determined that the defendant is not competent to
5proceed under s.
971.14 971.81 (4) and suspended the criminal proceedings, at any
6time after the determination that the defendant is not competent to proceed.
SB82-SSA1,152,23
7(4) (intro.) The court shall set a time for a hearing on the matter under sub. (2)
8during the preliminary examination, if sub. (3) (a) applies; after the defendant is
9bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after
10conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3)
11(c) applies; or, subject to s.
971.13 971.80 (4), after the determination that the
12defendant is not competent, if sub. (3) (d) applies. The court shall give the district
13attorney and the defendant notice of the hearing at least 72 hours prior to the
14hearing. The defendant may have counsel at the hearing, and counsel may examine
15and cross-examine witnesses. If the court finds probable cause to believe that the
16victim or alleged victim has had contact with body fluid of the defendant that
17constitutes a significant exposure, the court shall order the defendant to submit to
18an HIV test and to a test or a series of tests to detect the presence of a sexually
19transmitted disease. The test shall be performed by a health care professional. The
20court shall require the health care professional who performs the test to disclose the
21test results to the defendant, to refrain from making the test results part of the
22defendant's permanent medical record, and to disclose the results of the test to any
23of the following:
SB82-SSA1,153,18
24(5) (intro.) The court shall set a time for a hearing on the matter under sub. (2m)
25during the preliminary examination, if sub. (3) (a) applies; after the defendant is
1bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after
2conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3)
3(c) applies; or, subject to s.
971.13 971.80 (4), after the determination that the
4defendant is not competent, if sub. (3) (d) applies. The court shall give the district
5attorney and the defendant notice of the hearing at least 72 hours prior to the
6hearing. The defendant may have counsel at the hearing, and counsel may examine
7and cross-examine witnesses. If the court finds probable cause to believe that the
8act or alleged act of the defendant that constitutes a violation of s. 946.43 (2m) carried
9a potential for transmitting a communicable disease to the victim or alleged victim
10and involved the defendant's blood, semen, vomit, saliva, urine or feces or other
11bodily substance of the defendant, the court shall order the defendant to submit to
12a test or a series of tests administered by a health care professional to detect the
13presence of any communicable disease that was potentially transmitted by the act
14or alleged act of the defendant. The court shall require the health care professional
15who performs the test to disclose the test results to the defendant. The court shall
16require the health care professional who performs the test to refrain from making the
17test results part of the defendant's permanent medical record and to disclose the
18results of the test to any of the following:
SB82-SSA1,514
19Section
514. 968.40 (title) of the statutes is renumbered 968.155 (title) and
20amended to read:
SB82-SSA1,153,21
21968.155 (title)
Grand
Convening a grand jury; duration.
SB82-SSA1,515
22Section
515. 968.40 (1) of the statutes is renumbered 968.155 (1) and amended
23to read:
SB82-SSA1,154,324
968.155
(1) Selection of prospective grand jury list
jurors. Any judge may,
25in writing, order the clerk
of circuit court to
select compile a grand jury list within
1a specified reasonable time. The clerk shall select from the prospective juror list for
2the county the names of not fewer than
75 35 nor more than 150 persons to constitute
3the prospective grand juror list. The list shall be kept secret.
SB82-SSA1,516
4Section
516. 968.40 (3) of the statutes is renumbered 968.155 (2) and amended
5to read:
SB82-SSA1,154,116
968.155
(2) Examination of prospective grand jurors. At the time set for 7When the prospective grand jurors
to appear, the judge shall and the district
8attorney
or other prosecuting officer may examine
the prospective jurors them under
9oath or affirmation relative to their qualifications to serve as grand jurors
and the.
10The judge shall excuse those who are disqualified
, and may excuse others for any
11reason
which that seems proper to the judge.
SB82-SSA1,517
12Section
517. 968.40 (4) of the statutes is renumbered 968.155 (3) and amended
13to read:
SB82-SSA1,154,1714
968.155
(3) Additional grand jurors. If
, after
such the examination
described
15in sub. (2), fewer than 17 grand jurors remain, additional prospective
grand jurors
16shall be selected, summoned and examined until there are at least 17 qualified
grand 17jurors on the grand jury.
SB82-SSA1,518
18Section
518. 968.40 (6), (7) and (8) of the statutes are renumbered 968.155 (4),
19(5) and (6) and amended to read:
SB82-SSA1,154,2320
968.155
(4) Time grand jurors to serve. Grand The judge may discharge the
21grand jury at any time. Otherwise, grand jurors shall serve for a period of 31
22consecutive days unless more days are necessary to complete service in a particular
23proceeding.
The judge may discharge the grand jury at any time.
SB82-SSA1,154,25
24(5) Orders filed with clerk. All orders
mentioned in under this section shall
25be filed with the clerk
of court.
SB82-SSA1,155,6
1(6) Intercounty racketeering and crime. When a grand jury is convened
2pursuant to under this section to investigate unlawful activity under s. 165.70, and
3such the activity involves more than one county, including the county where the
4petition for such grand jury is filed, then if the attorney general approves, all
5expenses of such proceeding shall be charged to the appropriation under s. 20.455 (1)
6(d).
SB82-SSA1,519
7Section
519. 968.41 of the statutes is renumbered 968.165 and amended to
8read:
SB82-SSA1,155,15
9968.165 Oath or affirmation of grand jurors. Grand jurors shall, before
10they begin
performance of their duties, solemnly swear or affirm that they will
11diligently inquire as to all matters and things
which that come before the grand jury;
12that they will keep all matters
which that come before the grand jury secret; that they
13will indict no person for envy, hatred
, or malice; that they will not leave any person
14unindicted for love, fear, favor, affection
, or hope of reward; and that they will indict
15truly, according to the best of their understanding.
SB82-SSA1,520
16Section
520. 968.42 of the statutes is renumbered 968.175 and amended to
17read:
SB82-SSA1,155,20
18968.175 Presiding juror and clerk. The grand jury shall select from their
19number a presiding juror and a clerk. The clerk
of the grand jury shall preserve the
20minutes of the proceedings before
them the grand jury and all exhibits.
SB82-SSA1,521
21Section
521. 968.43 of the statutes is renumbered 968.185 and amended to
22read:
SB82-SSA1,156,2
23968.185 Reporter; oath; salary; assistant. (1) Every grand jury shall
, when
24ordered by the judge ordering
such the grand jury, employ one or more reporters to
1attend
their its sessions and to
make record and transcribe
a verbatim
record of all
2proceedings had before
them it.
SB82-SSA1,156,12
3(2) Before assuming the duties under this section, each reporter shall make
4and file an oath or affirmation
faithfully to record and transcribe
faithfully all of the
5proceedings before the grand jury and to keep secret the matters
relative related to
6the proceedings. Each reporter shall be paid out of the county treasury of the county
7in which the service is rendered
such a sum for compensation and expenses
as shall
8be audited and allowed as reasonable by the court ordering the grand jury. Each
9reporter may employ on his or her own account a person to transcribe the testimony
10and proceedings of the grand jury, but before entering upon the duties under this
11subsection, the person shall be required to make and file an oath or affirmation
12similar to that required of each reporter.
SB82-SSA1,156,14
13(3) Any Except as provided in s. 968.295, any person who violates an oath or
14affirmation required by sub. (2) is guilty of a Class H felony.
SB82-SSA1,522
15Section
522. 968.44 of the statutes is renumbered 968.195 and amended to
16read:
SB82-SSA1,156,24
17968.195 Witnesses
Oaths to witnesses. The presiding juror of every grand
18jury and the district attorney
or other prosecuting officer who is before the grand jury
19may administer all oaths and affirmations in the manner prescribed by law to
20witnesses who appear before the
grand jury for the purpose of testifying in any
21matter of which the witnesses have cognizance. At the request of the court, the
22presiding juror shall return to the court a list, under his or her hand, of all witnesses
23who are sworn before the grand jury. That list shall be filed by the clerk
of circuit 24court.
SB82-SSA1,523
1Section
523. 968.45 (title) of the statutes is renumbered 968.203 (title) and
2amended to read:
SB82-SSA1,157,3
3968.203 (title)
Witness rights Counsel for witnesses; transcripts.
SB82-SSA1,524
4Section
524. 968.45 (1) of the statutes is renumbered 968.203 (1) (a) and
5amended to read:
SB82-SSA1,157,96
968.203
(1) (a) Any witness appearing before a grand jury may have counsel
7present, but the counsel shall not be allowed to examine his or her client,
8cross-examine other witnesses
, or argue before the judge. Counsel may consult with
9his or her client while before a grand jury.
If the prosecuting officer,
SB82-SSA1,157,15
10(b) A district attorney, an attorney for a witness
, or a grand juror
who believes
11that a conflict of interest exists for an attorney
or attorneys to represent more than
12one witness before a grand jury
, the person so believing may make a motion before
13the presiding judge to disqualify the attorney from representing more than one
14witness before the grand jury.
A The court shall hold a hearing
shall be held upon
15notice with the burden
upon on the moving party to establish the conflict.
SB82-SSA1,525
16Section
525. 968.45 (2) of the statutes is renumbered 968.203 (2) and amended
17to read:
SB82-SSA1,157,2118
968.203
(2) No grand jury transcript may be made public until the trial of
19anyone a person indicted by the grand jury
, and then only that portion of the
20transcript that is relevant and material to the case at hand
may be made public. This
21subsection does not limit the defendant's rights to discovery under s.
971.23 971.43.
SB82-SSA1,526
22Section
526. Subchapter V (title) of chapter 968 [precedes 968.455] of the
23statutes is created to read:
SB82-SSA1,158,2
1subchapter V
2
search and seizure
SB82-SSA1,527
3Section
527. 968.46 of the statutes is renumbered 968.215 and amended to
4read:
SB82-SSA1,158,10
5968.215 Secrecy of motions. Notwithstanding s. 757.14, all motions,
6including but not limited to those for immunity or a privilege, brought by a
7prosecuting officer district attorney or witness appearing before a grand jury shall
8be made, heard
, and decided in complete secrecy and not in open court if the
9prosecuting officer or witness person bringing the motion or exercising the immunity
10or privilege so requests.
SB82-SSA1,528
11Section
528. Subchapter VI (title) of chapter 968 [precedes 968.465] of the
12statutes is created to read:
SB82-SSA1,158,1514
subchapter VI
15
search warrants
SB82-SSA1,529
16Section
529. 968.465 (5) of the statutes is created to read:
SB82-SSA1,158,2117
968.465
(5) Sealed warrant. A judge may order that a search warrant and
18supporting documents be held under seal for a specified period and may extend or
19reduce the period for good cause shown. The judge shall make the decision in his or
20her discretion, after balancing the reasons for secrecy against the defendant's and
21the public's right of access.
SB82-SSA1,530
22Section
530. 968.47 of the statutes is renumbered 968.225 and amended to
23read:
SB82-SSA1,159,4
24968.225 District
Duties of district attorney, when to attend. Whenever
25required by the grand jury
it shall be the duty of
, the district attorney of the county
1to shall attend
them grand jury proceedings for the purpose of examining witnesses
2in
their the presence
or of giving them of the grand jury, give the grand jury advice
3upon any legal matter, and
to issue subpoenas and other process to bring
up 4witnesses
before the grand jury.
SB82-SSA1,531
5Section
531. 968.475 (2) (a) of the statutes is created to read:
SB82-SSA1,159,66
968.475
(2) (a) Contraband.
SB82-SSA1,532
7Section
532. 968.475 (2) (e) of the statutes is created to read:
SB82-SSA1,159,88
968.475
(2) (e) A designated person.
SB82-SSA1,533
9Section
533. 968.475 (3) of the statutes is created to read:
SB82-SSA1,159,1210
968.475
(3) Section 968.705 applies to documents to be subpoenaed if the
11documents are under the control of a person not reasonably suspected to be
12concerned in the commission of a crime.
SB82-SSA1,534
13Section
534. 968.48 of the statutes is renumbered 968.235 and amended to
14read:
SB82-SSA1,159,24
15968.235 Attendance; absence; excuse Grand jury attendance; number
16required for grand jury session; number required to concur in and
17indictment. Each grand juror shall attend every session of the grand jury unless
18excused by the presiding juror. The presiding juror may excuse a grand juror from
19attending a grand jury session only for a reason which appears to the presiding juror
20in his or her discretion as good and sufficient cause for the
excuse juror's absence.
21No business may be transacted at any session of the grand jury
at which less if fewer 22than 14 members of the grand jury are in attendance
, and no
indictment may be
23found by any grand jury
may indict unless at least 12
of their number shall grand
24jurors concur in the indictment.
SB82-SSA1,535
25Section
535. 968.485 (title) of the statutes is created to read:
SB82-SSA1,160,1
1968.485 (title)
Execution of a search warrant.
SB82-SSA1,536
2Section
536. 968.49 of the statutes is renumbered 968.245 and amended to
3read:
SB82-SSA1,160,8
4968.245 Fine for nonattendance. Any person lawfully summoned to attend
5as a grand juror who fails to attend without
any sufficient excuse shall
pay a fine not
6exceeding be fined not more than $40, which
shall be imposed by the court to which
7the person was summoned
shall impose and
which shall be paid into the county
8treasury.
SB82-SSA1,537
9Section
537. 968.50 of the statutes is renumbered 968.252 and amended to
10read:
SB82-SSA1,160,13
11968.252 Report progress and return indictments. A grand jury may
12report progress and return indictments to the court from time to time during its
13session
and until discharged.
SB82-SSA1,538
14Section
538. 968.505 (title) of the statutes is renumbered 968.262 (title).
SB82-SSA1,539
15Section
539. 968.505 of the statutes is renumbered 968.262 (1) and amended
16to read:
SB82-SSA1,160,2017
968.262
(1) When the grand jury is discharged
, the clerk
of the grand jury shall
18collect all transcripts of testimony, minutes of proceedings, exhibits
, and other
19records of the grand jury
, and
, except as provided in sub. (2), shall deliver them as
20the jury directs either to the attorney general or to the district attorney
, or upon.
SB82-SSA1,160,23
21(2) Upon approval of the court
, the grand jury may direct its clerk to deliver
22them grand jury materials collected under sub. (1) to the clerk of the court
, who shall
23impound them subject to
the further
order or orders of the court.