LRB-0524/1
CMH:cjs&jld&kjf:rs
2015 - 2016 LEGISLATURE
March 5, 2015 - Introduced by Representatives Craig, Horlacher, Brandtjen, R.
Brooks
, Czaja, Hutton, Gannon, Jagler, Kapenga, Kleefisch, Knodl,
Knudson, Kooyenga, Kremer, Kuglitsch, Kulp, Murphy, Neylon,
Sanfelippo, Schraa, Skowronski, Tauchen, Thiesfeldt, Vorpagel, Born,
Quinn and Bernier, cosponsored by Senators Tiffany, Farrow, Wanggaard,
LeMahieu, Nass, Vukmir and Lazich. Referred to Committee on Judiciary.
AB68,1,5 1An Act to renumber 968.26 (1) and 978.045 (1r) (a) to (h); to renumber and
2amend
968.20 (1) (intro.), 968.26 (3), 978.045 (1r) (intro.) and 978.045 (1r) (i);
3to amend 173.12 (1m); and to create 968.26 (1b), 968.26 (4), 968.26 (5) and
4968.26 (6) and (7) of the statutes; relating to: John Doe proceedings and
5providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law governing John Doe hearings, if a district attorney requests
a judge to convene a proceeding to make a determination of whether a crime has been
committed, the judge must convene a proceeding to make the determination. If a
person who is not a district attorney complains to a judge that he or she has reason
to believe a crime has been committed, the judge must refer the complaint to a district
attorney. The district attorney has 90 days to issue charges; if the district attorney
does not issue charges, the district attorney must forward to the judge with
jurisdiction all law enforcement reports, all records and cases files, and a written
explanation for not issuing charges. If that judge determines a proceeding is
necessary to determine if a crime has been committed, the judge must convene a
proceeding.
Under current law, any conduct that is prohibited by state law and punishable
by fine or imprisonment or both is a crime that may be investigated under a John Doe
proceeding. Under this bill, the crimes that may be investigated under a John Doe
proceeding are certain felonies under the Criminal Code or any conduct punishable

by fine or imprisonment or both that is allegedly committed by an on-duty law
enforcement officer, corrections officer, or state probation, parole, or extended
supervision officer.
Under current law, the judge who convenes a John Doe proceeding has
discretion as to whether to keep the proceeding secret and may issue a secrecy order
that extends to every participant in the proceeding. Under this bill, a judge may
enter a secrecy order upon a showing of good cause by the district attorney, but the
order may apply only to the judge, the district attorney or other prosecuting attorney,
law enforcement personnel, interpreters, and reporters who make or transcribe a
record of the proceeding. Any person who violates a secrecy order is subject to a fine
of up to $10,000, imprisonment for up to nine months, or both.
This bill imposes a six-month time limit on a John Doe proceeding. This limit
may be extended for additional six-month periods if a majority of judicial
administrative district chief judges find good cause for each extension. This bill also
provides that the same finding is required to add specified crimes to the original
complaint. The vote of each judge must be available to the public.
Finally, under this bill, records reflecting the costs of John Doe investigations
and proceedings are a matter of public record, temporary or permanent reserve
judges are excluded from presiding over John Doe proceedings, and special
prosecutors may be appointed to assist the district attorney in a John Doe proceeding
only under certain conditions.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB68,1 1Section 1. 173.12 (1m) of the statutes is amended to read:
AB68,3,22 173.12 (1m) If an animal has been seized because it is alleged that the animal
3has been used in or constitutes evidence of any crime specified in s. 951.08, the
4animal may not be returned to the owner by an officer under s. 968.20 (2). In any
5hearing under s. 968.20 (1) (1g), the court shall determine if the animal is needed as
6evidence or there is reason to believe that the animal has participated in or been

1trained for fighting. If the court makes such a finding, the animal shall be retained
2in custody.
AB68,2 3Section 2. 968.20 (1) (intro.) of the statutes is renumbered 968.20 (1) and
4amended to read:
AB68,3,95 968.20 (1) Any person claiming the right to possession of property seized
6pursuant to a search warrant or seized without a search warrant may apply for its
7return to the circuit court for the county in which the property was seized or where
8the search warrant was returned, except that a court may commence a hearing, on
9its own initiative, to return property seized under s. 968.26
.
AB68,3,15 10(1g) The court shall order such notice as it deems adequate to be given the
11district attorney and, unless notice was provided under s. 968.26 (7), to all persons
12who have or may have an interest in the property and. The court shall hold a hearing
13to hear all claims to its true ownership. If the right to possession is proved to the
14court's satisfaction, it shall order the property, other than contraband or property
15covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205, returned if:
AB68,3 16Section 3. 968.26 (1) of the statutes is renumbered 968.26 (1m).
AB68,4 17Section 4. 968.26 (1b) of the statutes is created to read:
AB68,3,1818 968.26 (1b) In this section:
AB68,3,1919 (a) "Crime" means any of the following:
AB68,3,2020 1. Any Class A, B, C, or D felony under chs. 940 to 948 or 961.
AB68,3,2121 2. A violation of any of the following if it is a Class E, F, G, H, or I felony:
AB68,4,222 a. Section 940.04, 940.11, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6),
23940.20, 940.201, 940.203, 940.205, 940.207, 940.208, 940.22 (2), 940.225 (3), 940.29,
24940.302 (2) (c), 940.32, 941.32, 941.38 (2), 942.09 (2), 943.10, 943.205, 943.32 (1),
25946.43, 946.44, 946.47, 946.48, 948.02 (3), 948.03 (2) (b) or (c), (3), or (4), 948.04,

1948.055, 948.095, 948.10 (1) (a), 948.11, 948.13 (2) (a), 948.14, 948.20, 948.23 (1), (2),
2or (3) (c) 2. or 3., or 948.30 (1).
AB68,4,63 b. Section 940.285 (2) if s. 940.285 (2) (b) 1m., 1r., or 2. applies; s. 940.295 (3)
4(a) if s. 940.295 (3) (b) 1m., 1r., 2., or 3. applies; s. 948.05 (1), (1m), or (2) if s. 948.05
5(2p) (b) applies; s. 948.12 (1m) or (2m) if s. 948.12 (3) (b) applies; or s. 948.21 if s.
6948.21 (1) (b) or (c) applies.
AB68,4,77 3. A violation of s. 940.03.
AB68,4,98 4. A violation of s. 946.83 or 946.85, if the racketeering activity is listed in s.
9946.82 (4) and in subd. 1., 2., or 3.
AB68,4,1410 5. Any conduct that is prohibited by state law and punishable by fine or
11imprisonment or both if the individual who allegedly participated in the conduct was
12a law enforcement officer; a correctional officer; or a state probation, parole, or
13extended supervision officer and the individual was engaged in his or her official
14duties at the time of the alleged conduct.
AB68,4,1615 (b) "Judge" does not include a permanent reserve judge, as defined in s. 753.075
16(1) (a), or a temporary reserve judge, as defined in s. 753.075 (1) (b).
AB68,5 17Section 5. 968.26 (3) of the statutes is renumbered 968.26 (3) (a) and amended
18to read:
AB68,4,2119 968.26 (3) (a) The Except as provided in sub. (5), the extent to which the judge
20may proceed in an examination under sub. (1) (1m) or (2) is within the judge's
21discretion.
AB68,4,22 22(b) The examination may be adjourned and may be secret.
AB68,5,4 23(c) Any witness examined under this section may have counsel present at the
24examination but the counsel shall not be allowed to examine his or her client,
25cross-examine other witnesses, or argue before the judge. Subject to s. 971.23, if the

1proceeding is secret, the record of the proceeding and the testimony taken shall not
2be open to inspection by anyone except the district attorney unless it is used by the
3prosecution at the preliminary hearing or the trial of the accused and then only to
4the extent that it is so used.
AB68,5,7 5(d) A court, on the motion of a district attorney, may compel a person to testify
6or produce evidence under s. 972.08 (1). The person is immune from prosecution as
7provided in s. 972.08 (1), subject to the restrictions under s. 972.085.
AB68,6 8Section 6. 968.26 (4) of the statutes is created to read:
AB68,5,159 968.26 (4) (a) The judge may enter a secrecy order upon a showing of good cause
10by the district attorney. A secrecy order under this paragraph may apply to only the
11judge, a district attorney or other prosecuting attorney who participates in a
12proceeding under this section, law enforcement personnel admitted to a proceeding
13under this section, an interpreter who participates in a proceeding under this
14section, or a reporter who makes or transcribes a record of a proceeding under this
15section. No secrecy order under this section may apply to any other person.
AB68,5,2116 (b) If a judge enters a secrecy order under par. (a), the judge shall terminate
17that secrecy order if any person applies to the judge for the termination and
18establishes that the good cause shown under par. (a) no longer exists. If a judge
19terminates a secrecy order entered under par. (a), the identity of the subject of the
20proceeding under this section may not be disclosed without the subject's consent,
21except as provided in par. (c).
AB68,5,2422 (c) If a criminal complaint is filed following a proceeding in which the judge
23entered a secrecy order, the order is terminated at the initial appearance and s.
24971.23 governs disclosure of information from a proceeding under this section.
AB68,6,2
1(d) Any person who violates a secrecy order entered under par. (a) is subject to
2a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
AB68,7 3Section 7. 968.26 (5) of the statutes is created to read:
AB68,6,54 968.26 (5) (a) 1. Except as provided in subd. 2., no proceeding may last longer
5than the following:
AB68,6,76 a. If the proceeding begins under sub. (1m), 6 months beginning on the day the
7district attorney requests the judge to convene the proceeding.
AB68,6,108 b. If the proceeding begins under sub. (2), 6 months beginning on the day the
9district attorney forwards under sub. (2) (b) to a judge all reports, records and case
10files, and an explanation of his or her refusal.
AB68,6,1711 2. The period under subd. 1. may be extended only if a majority of judicial
12administrative district chief judges find good cause for the extension and
13identification of the vote of each judge is available to the public. The period under
14subd. 1. may be extended an unlimited number of times, but each extension may be
15for no more than 6 months and, for each extension, a majority of judicial
16administrative district chief judges must find good cause and the identification of the
17vote of each judge must be available to the public.
AB68,6,2518 (b) A proceeding may not investigate a crime that was not part of the original
19request under sub. (1m) or complaint under sub. (2) (a), whichever is appropriate,
20unless a majority of judicial administrative district chief judges find good cause to
21add specified crimes and the identification of the vote of each judge is available to the
22public. An unlimited number of specified crimes may be added but, for each addition
23of a specified crime, a majority of judicial administrative district chief judges must
24find good cause and the identification of the vote of each judge must be available to
25the public.
AB68,8
1Section 8. 968.26 (6) and (7) of the statutes are created to read:
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