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:
SB43,1 1Section 1. 173.12 (1m) of the statutes is amended to read:
SB43,3,22 173.12 (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.
SB43,2 3Section 2. 968.20 (1) (intro.) of the statutes is renumbered 968.20 (1) and
4amended to read:
SB43,3,95 968.20 (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
SB43,3,15 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:
SB43,3 16Section 3. 968.26 (1) of the statutes is renumbered 968.26 (1m).
SB43,4 17Section 4. 968.26 (1b) of the statutes is created to read:
SB43,3,1818 968.26 (1b) In this section:
SB43,3,1919 (a) "Crime" means any of the following:
SB43,3,2020 1. Any Class A, B, C, or D felony under chs. 940 to 948 or 961.
SB43,3,2121 2. A violation of any of the following if it is a Class E, F, G, H, or I felony:
SB43,4,222 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).
SB43,4,63 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.
SB43,4,77 3. A violation of s. 940.03.
SB43,4,98 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.
SB43,4,1410 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.
SB43,4,1615 (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).
SB43,5 17Section 5. 968.26 (3) of the statutes is renumbered 968.26 (3) (a) and amended
18to read:
SB43,4,2119 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
SB43,4,22 22(b) The examination may be adjourned and may be secret.
SB43,5,4 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.
SB43,5,7 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.
SB43,6 8Section 6. 968.26 (4) of the statutes is created to read:
SB43,5,159 968.26 (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.
SB43,5,2116 (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).
SB43,5,2422 (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.
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.
SB43,7 3Section 7. 968.26 (5) of the statutes is created to read:
SB43,6,54 968.26 (5) (a) 1. Except as provided in subd. 2., no proceeding may last longer
5than the following:
SB43,6,76 a. If the proceeding begins under sub. (1m), 6 months beginning on the day the
7district attorney requests the judge to convene the proceeding.
SB43,6,108 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.
SB43,6,1711 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.
SB43,6,2518 (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.
1Section 8. 968.26 (6) and (7) of the statutes are created to read:
SB43,7,52 968.26 (6) Records reflecting the costs of an investigation and proceedings
3under sub. (3) are subject to the provisions of subch. II of ch. 19. If a request to inspect
4or copy a record is received, but no record exists, then, notwithstanding s. 19.35 (1)
5(L), the recipient of the request shall provide a summary amount of the costs.
SB43,7,8 6(7) If property was seized during a proceeding under this section, the judge
7shall, at the close of the proceeding, order notice as he or she determines to be
8adequate to all persons who have or may have an interest in the property.
SB43,9 9Section 9. 978.045 (1r) (intro.) of the statutes is renumbered 978.045 (1r) (am)
10and amended to read:
SB43,7,1511 978.045 (1r) (am) Any judge of a court of record, by an order entered in the
12record stating the cause for it, may appoint an attorney as a special prosecutor to
13perform, for the time being, or for the trial of the accused person, the duties of the
14district attorney. An attorney appointed under this subsection shall have all of the
15powers of the district attorney.
SB43,7,20 16(bm) The judge may appoint an attorney as a special prosecutor at the request
17of a district attorney to assist the district attorney in the prosecution of persons
18charged with a crime, in grand jury proceedings or John Doe proceedings under s.
, in proceedings under ch. 980, or in investigations. The judge may appoint
20an attorney as a special prosecutor if any of the following conditions exists:
SB43,10 21Section 10. 978.045 (1r) (a) to (h) of the statutes are renumbered 978.045 (1r)
22(bm) 1. to 8.
SB43,11 23Section 11. 978.045 (1r) (i) of the statutes is renumbered 978.045 (1r) (cm) and
24amended to read:
1978.045 (1r) (cm) A The judge may not appoint an attorney as a special
2prosecutor to assist the district attorney in John Doe proceedings under s. 968.26
3unless a condition under par. (bm) 1. to 8. exists or unless the
judge determines that
4a complaint received under s. 968.26 (2) (am) relates to the conduct of the district
5attorney to whom the judge otherwise would refer the complaint. This paragraph
6does not prohibit assistance authorized by s. 978.05 (8).
SB43,8,77 (End)