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-SSA1,157,2424 chapter 968
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-SSA1,158,1313 chapter 968
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.
SB82-SSA1,540 24Section 540. 968.51 of the statutes is renumbered 968.275 and amended to
25read:
SB82-SSA1,161,6
1968.275 Indictment not to be disclosed. No grand juror or officer of the
2court, if
If the court shall so order, shall orders, no grand juror or officer of the court
3may
disclose the fact that any indictment for a felony has been found against that
4the grand jury has indicted
any person not in custody or under recognizance,
5otherwise than by issuing or executing process on such indictment, until such the
6person has been arrested.
SB82-SSA1,541 7Section 541. 968.52 of the statutes is renumbered 968.285 and amended to
8read:
SB82-SSA1,161,13 9968.285 Votes not to be disclosed. No grand juror may be allowed to state
10or testify
disclose in any court in what manner how he or she or any other member
11of the jury
grand juror voted or what opinion any grand juror expressed on any
12question before them, or what opinion was expressed by any juror in relation to the
13question
the grand jury.
SB82-SSA1,542 14Section 542. 968.53 of the statutes is renumbered 968.295 and amended to
15read:
SB82-SSA1,162,6 16968.295 When testimony may be disclosed. Members of the grand jury and
17any grand jury reporter may be required by any court
Notwithstanding any oath or
18affirmation required under s. 968.165 or 968.185 (2), any court may require grand
19jurors and grand jury reporters
to testify whether the testimony of a witness
20examined before the jury is consistent with or different from the evidence given by
21the witness before the court; and they. Notwithstanding any oath or affirmation
22required under s. 968.165 or 968.185 (2), the court
may also be required require
23grand jurors and grand jury reporters also
to disclose the testimony given before the
24grand jury by any person upon a complaint against the person for perjury , or upon
25trial for the offense. Any If the court receives in evidence any transcript of testimony

1taken before the grand jury and certified by a , the grand jury reporter to have
2reporter's certification that the transcript has been carefully compared by the
3reporter with his or her minutes of testimony so taken and to be is a true and correct
4transcript of all or a specified portion of the transcript, may be received in evidence
5with
shall have the same effect as the oral testimony of the reporter to the facts so
6certified, but the reporter may be cross-examined by any party as to the matter.
SB82-SSA1,543 7Section 543. 968.585 (4m) of the statutes is created to read:
SB82-SSA1,162,98 968.585 (4m) Any evidence obtained by a strip search in violation of sub. (2)
9or (3) is not admissible as evidence at trial.
SB82-SSA1,544 10Section 544. 968.585 (7) (cm) of the statutes is created to read:
SB82-SSA1,162,1111 968.585 (7) (cm) The person is committed under ch. 980.
SB82-SSA1,545 12Section 545. Subchapter VII (title) of chapter 968 [precedes 968.605] of the
13statutes is created to read:
SB82-SSA1,162,1414 chapter 968
SB82-SSA1,162,1615 subchapter VII
16 seized property
SB82-SSA1,546 17Section 546. Subchapter VIII (title) of chapter 968 [precedes 968.705] of the
18statutes is created to read:
SB82-SSA1,162,1919 chapter 968
SB82-SSA1,162,2120 subchapter VIII
21 Miscellaneous
SB82-SSA1,547 22Section 547. 968.705 (2), (3) and (6) of the statutes are created to read:
SB82-SSA1,162,2423 968.705 (2) (a) The subpoena shall designate that the responsive documents
24be provided to one of the following:
SB82-SSA1,163,2
11. The law enforcement agency or law enforcement officer named in the
2subpoena.
SB82-SSA1,163,43 2. The attorney general, the district attorney, the assistant attorney general,
4or the assistant district attorney, whichever requested the subpoena.
SB82-SSA1,163,55 3. The court.
SB82-SSA1,163,136 (b) If the documents are not returnable to the court, the person who requested
7the documents shall, within 5 days of receiving the responsive documents, make a
8return of the subpoena to the issuing court in the form of a written notice to the court
9that compliance with the subpoena has occurred and including a brief description of
10the nature and quantity of the documents received under the subpoena. The person
11designated in the subpoena to receive the documents shall maintain the original
12documents received and shall produce the documents, or any portion of the
13documents, to the court upon the court's order.
SB82-SSA1,163,23 14(3) A subpoena issued under sub. (1) shall be issued with all practicable secrecy
15and the request for the subpoena, any affidavit in support of the subpoena, any
16testimony in support of the request, and any other supporting documents may not
17be filed with the clerk or made public until the subpoena has been executed and
18returned to the court. The court that issued the subpoena may issue an order sealing
19the subpoena and the request for the subpoena, the affidavit in support of the
20subpoena, any testimony in support of the request, and any supporting documents
21upon which it is based. The court that issued the subpoena may issue an order
22prohibiting the person to which the subpoena is directed from disclosing the
23existence of the subpoena to any person other than the lawyer for the person.
SB82-SSA1,164,3
1(6) Documents seized by or delivered to a law enforcement agency or officer
2under a subpoena under this section are considered seized property for the purposes
3of ss. 968.615 and 968.625.
SB82-SSA1,548 4Section 548. 968.71 of the statutes is created to read:
SB82-SSA1,164,5 5968.71 Disclosure of depositor status. (1) In this section:
SB82-SSA1,164,76 (a) "Depository account" includes any monetary interest that a person
7maintains at a financial institution.
SB82-SSA1,164,88 (b) "Financial institution" has the meaning given in s. 214.01 (1) (jn).
SB82-SSA1,164,15 9(2) Upon the request of the district attorney and a showing that the information
10requested is relevant to a criminal investigation, the court shall issue an order
11requiring any financial institution to disclose to the district attorney whether the
12person named in the order has a depository account with the financial institution or
13whether the person had a depository account with the financial institution at a prior
14specified time. Any person who unlawfully violates such an order may be compelled
15to do so under ch. 785.
SB82-SSA1,549 16Section 549. Chapter 969 (title) of the statutes is repealed and recreated to
17read:
SB82-SSA1,164,1818 chapter 969
SB82-SSA1,164,2019 securing a defendant's
20 appearance; release
SB82-SSA1,550 21Section 550. 969.001 (intro.) of the statutes is renumbered 969.30 (intro.) and
22amended to read:
SB82-SSA1,164,23 23969.30 Definitions. (intro.) In this chapter subchapter:
SB82-SSA1,551 24Section 551. 969.001 (1) of the statutes is renumbered 967.025 (1) and
25amended to read:
SB82-SSA1,165,1
1967.025 (1) "Bail" means monetary conditions of release on bond.
SB82-SSA1,552 2Section 552. 969.001 (2) of the statutes is repealed.
SB82-SSA1,553 3Section 553. 969.01 (title) of the statutes is renumbered 969.31 (title).
SB82-SSA1,554 4Section 554. 969.01 (1) of the statutes is renumbered 969.31 (1) and amended
5to read:
SB82-SSA1,165,156 969.31 (1) Before conviction. Before conviction, except Except as provided in
7ss. 969.035 and 971.14 s. 969.43 or 971.81 (1r), a defendant arrested for a criminal
8offense
crime is eligible for release before conviction under reasonable conditions
9designed to assure ensure his or her appearance in court, protect members of the
10community from serious bodily harm, or prevent the intimidation of witnesses. Bail
11may be imposed at or after the initial appearance only upon a finding by the court
12that there is a reasonable basis to believe that bail is necessary to assure appearance
13in court. In determining whether any conditions of release are appropriate, the judge
14shall first consider the likelihood of the defendant appearing for trial if released on
15his or her own recognizance.
SB82-SSA1,555 16Section 555. 969.01 (2) (title) of the statutes is repealed.
SB82-SSA1,556 17Section 556. 969.01 (2) (a) of the statutes is renumbered 969.31 (2) and
18amended to read:
SB82-SSA1,165,2419 969.31 (2) After conviction. Release pursuant to s. 969.02 or 969.03 may be
20allowed in the discretion of
In its discretion the trial court may allow release on
21conditions
after conviction and prior to sentencing or the granting of probation. This
22paragraph does not apply to a conviction for a 3rd or subsequent violation that is
23counted as a suspension, revocation, or conviction under s. 343.307, or under s.
24940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.
SB82-SSA1,557
1Section 557. 969.01 (2) (b) and (c) of the statutes are consolidated, renumbered
2974.09 (1) (a) and amended to read:
SB82-SSA1,166,63 974.09 (1) (a) In misdemeanors, release may be allowed upon appeal in the
4discretion of the trial court. (c) In
and felonies, release may be allowed upon appeal
5in the discretion of the trial court pursuant to ss. 809.31, 969.32, 969.33, 969.37,
6969.38, 969.39, 969.40, 969.41, and 969.42
.
SB82-SSA1,558 7Section 558. 969.01 (2) (d) of the statutes is renumbered 974.09 (1) (b) and
8amended to read:
SB82-SSA1,166,109 974.09 (1) (b) The supreme court or a justice thereof or the court of appeals or
10a judge thereof may allow release after conviction pending appeal.
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