SB82,128,2323 .... County
SB82,128,2424 State of Wisconsin
SB82,129,1
1.... (Defendant)
SB82,129,22 THE STATE OF WISCONSIN TO SAID DEFENDANT:
SB82,129,4 3 A complaint, copy of which is attached, having been made before me accusing
4the defendant of committing the crime of .... contrary to sec. ...., Stats.
SB82,129,95 You, ...., are, therefore, summoned to must appear before Branch .... of the ....
6court
Circuit Court of .... County at the courthouse .... in the City of .... to answer said
7complaint,
on ...., .... (year), at .... o'clock in the .... noon, and in case of your failure
8to appear,
(date), ...., at .... a.m./p.m. If you do not appear, a warrant for your arrest
9may be issued.
SB82,129,12 10You have been charged with committing the crime of .... in violation of section
11.... of the Wisconsin Statutes. A copy of the complaint charging you with that crime
12is attached.
SB82,129,1313 Dated ...., .... (year)
SB82,129,1414 .... (Signature)
SB82,129,1515 .... District Attorney (Title)
SB82,428 16Section 428. 968.04 (3) (b) 4. of the statutes is repealed.
SB82,429 17Section 429. 968.04 (4) of the statutes is renumbered 969.21 (2), and 969.21
18(2) (a) to (d), as renumbered, are amended to read:
SB82,129,2119 969.21 (2) (a) The Unless otherwise specified under s. 969.20 (5), an arrest
20warrant issued under this section shall be directed to all law enforcement officers of
21the state. A warrant and may be served anywhere in the state.
SB82,129,2422 (b) A warrant is served by arresting the defendant and informing the defendant
23as soon as practicable of the nature of the crime with which the defendant he or she
24is charged.
SB82,130,5
1(c) An arrest may be made by a law enforcement officer without a warrant in
2the law enforcement officer's possession when the law enforcement officer has
3knowledge
reasonably believes that a warrant has been issued. In such case, the
4officer shall inform the defendant as soon as practicable of the nature of the crime
5with which the defendant is charged.
SB82,130,86 (d) The law enforcement officer arresting a defendant shall endorse record
7upon the warrant the time and place of the arrest and the law enforcement officer's
8fees and mileage therefor
.
SB82,430 9Section 430. 968.05 of the statutes is renumbered 969.23, and 969.23 (1) and
10(2), as renumbered, are amended to read:
SB82,130,1611 969.23 (1) When a corporation or limited liability company is charged with the
12commission of
committing a criminal offense, the judge or district attorney shall
13issue a summons setting forth the nature of the offense and commanding the
14corporation or limited liability company to appear before a court at a specific time
15and place. The corporation or limited liability company shall appear by a corporate
16officer or an authorized agent other than defense counsel.
SB82,130,21 17(2) The summons for the appearance of a corporation or limited liability
18company may be served as provided for service of a summons in the same way that
19a summons is served
upon a corporation or limited liability company in a civil action
20under s. 801.11 (5). The summons shall be returnable not less than may not be
21returnable until at least
10 days after service.
SB82,431 22Section 431. 968.06 of the statutes is repealed.
SB82,432 23Section 432. 968.07 of the statutes is renumbered 969.16, and 969.16 (1) to
24(3), as renumbered, are amended to read:
SB82,131,2
1969.16 (1) A Except as provided in sub. (3), a law enforcement officer may
2arrest a person when:
SB82,131,43 (a) The law enforcement officer has a warrant commanding that such person
4be arrested; or.
SB82,131,65 (b) The law enforcement officer reasonably believes , on reasonable grounds,
6that a warrant for the person's arrest has been issued in this state ; or.
SB82,131,87 (c) The law enforcement officer reasonably believes , on reasonable grounds,
8that a felony warrant for the person's arrest has been issued in another state; or.
SB82,131,109 (d) There are reasonable grounds The law enforcement officer has probable
10cause
to believe that the person is committing or has committed a crime.
SB82,131,13 11(1m) Notwithstanding sub. (1), a law enforcement officer shall arrest a person
12when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128 (1) (b),
13or 968.075 (2) (a) 969.27 (2) (a) or (5) (e).
SB82,131,16 14(2) A law enforcement officer making a lawful arrest may command the aid of
15any person, and such person shall have the same power as that of the law
16enforcement officer.
SB82,131,21 17(3) If the alleged violator under No law enforcement officer may arrest a person
18alleged to have violated
s. 948.55 (2) or 948.60 (2) (c) until at least 7 days after the
19date of the shooting, if the person
is or was the parent or guardian of a child who is
20injured or dies as a result of an accidental the shooting, no law enforcement officer
21may arrest the alleged violator until at least 7 days after the date of the shooting
.
SB82,433 22Section 433. 968.073 of the statutes is renumbered 969.165, and 969.165 (2),
23as renumbered, is amended to read:
SB82,132,224 969.165 (2) It is the policy of this state to make an audio or audio and visual
25recording of a custodial interrogation of a person suspected of committing a felony

1unless a condition under s. 972.115 (2) 972.18 (3) (a) 1. to 6. applies or good cause is
2shown for not making an audio or audio and visual recording of the interrogation.
SB82,434 3Section 434. 968.075 (title) of the statutes is renumbered 969.27 (title).
SB82,435 4Section 435. 968.075 (1) of the statutes is renumbered 969.27 (1).
SB82,436 5Section 436. 968.075 (2) (a) of the statutes is renumbered 969.27 (2) (a), and
6969.27 (2) (a) (intro.), as renumbered, is amended to read:
SB82,132,97 969.27 (2) (a) (intro.) Notwithstanding s. 968.07 (1) 969.16 (1) and except as
8provided in pars. (am) and (b), a law enforcement officer shall arrest and take a
9person into custody if:
SB82,437 10Section 437. 968.075 (2) (am) of the statutes is renumbered 969.27 (2) (am)
11and amended to read:
SB82,132,1612 969.27 (2) (am) Notwithstanding s. 968.07 (1) 969.16 (1), unless the person's
13arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (b) or
14sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is
15generally not appropriate for a law enforcement officer to arrest anyone under par.
16(a) other than the predominant aggressor.
SB82,438 17Section 438. 968.075 (2) (ar) of the statutes is renumbered 969.27 (2) (ar).
SB82,439 18Section 439. 968.075 (2) (b) of the statutes is renumbered 969.27 (2) (b).
SB82,440 19Section 440. 968.075 (2m) of the statutes is renumbered 969.27 (2m) and
20amended to read:
SB82,132,2421 969.27 (2m) Immediate release prohibited. Unless s. 968.08 969.17 applies,
22a law enforcement officer may not release a person whose arrest was required under
23sub. (2) until the person posts bail remits a cash deposit under s. 969.07 969.36 or
24appears before a judge under s. 970.01 (1) subch. I of ch. 971.
SB82,441 25Section 441. 968.075 (3) of the statutes is renumbered 969.27 (3).
SB82,442
1Section 442. 968.075 (4) of the statutes is renumbered 969.27 (4).
SB82,443 2Section 443. 968.075 (5) of the statutes is renumbered 969.27 (5), and 969.27
3(5) (e), as renumbered, is amended to read:
SB82,133,64 969.27 (5) (e) Notwithstanding s. 968.07 (1) 969.16 (1), a law enforcement
5officer shall arrest and take a person into custody if the officer has reasonable
6grounds to believe that the person has violated par. (a).
SB82,444 7Section 444. 968.075 (6) to (9) of the statutes are renumbered 969.27 (6) to (9).
SB82,445 8Section 445. 968.08 of the statutes is renumbered 969.17 and amended to
9read:
SB82,133,15 10969.17 Release by law enforcement officer of arrested person. A Except
11as provided in s. 969.27 (5) (b) 1., a
law enforcement officer having custody of a person
12arrested without a warrant may release the person arrested with or without
13requiring the person to appear before a judge if the law enforcement officer is
14satisfied that there are insufficient grounds for the issuance of a criminal complaint
15against the person arrested
or the district attorney.
SB82,446 16Section 446. 968.085 (title) of the statutes is renumbered 969.24 (title) and
17amended to read:
SB82,133,19 18969.24 (title) Citation; nature; issuance; release of accused for
19misdemeanor
.
SB82,447 20Section 447. 968.085 (1) of the statutes is renumbered 969.24 (1) and amended
21to read:
SB82,134,222 969.24 (1) Nature. A citation under this section is a directive, issued by a law
23enforcement officer, that a person appear in court and answer criminal charges. A
24citation is not
or the district attorney's office. The citation may be used as a criminal

1complaint and may not be used as a substitute for a criminal complaint if endorsed
2by the district attorney as provided in sub. (5)
.
SB82,448 3Section 448. 968.085 (2) (intro.) of the statutes is renumbered 969.24 (2) and
4amended to read:
SB82,134,115 969.24 (2) Authority to issue; effect. Except as provided in sub. (8), a A law
6enforcement officer may issue a citation to any person whom he or she has reasonable
7grounds
probable cause to believe has committed a misdemeanor. A citation may be
8issued in the field or at the headquarters or precinct station of the officer instead of
9or subsequent to at any time after a lawful arrest. If a citation is issued, the person
10cited shall be released on his or her own recognizance. In determining whether to
11issue a citation, the law enforcement officer may consider whether:
SB82,449 12Section 449. 968.085 (2) (a) to (f) of the statutes are repealed.
SB82,450 13Section 450. 968.085 (3) (intro.) of the statutes is renumbered 969.24 (3)
14(intro.).
SB82,451 15Section 451. 968.085 (3) (a) of the statutes is renumbered 969.24 (3) (a) and
16amended to read:
SB82,134,2117 969.24 (3) (a) Identify the offense and section which State essential facts
18constituting the crime
the person is alleged to have allegedly committed and the
19statutory section that the person allegedly
violated, including the date, and if
20material, identify the property and other persons involved
of the offense and the
21maximum penalty for the offense
.
SB82,452 22Section 452. 968.085 (3) (b) of the statutes is renumbered 969.24 (3) (b) and
23amended to read:
SB82,134,2524 969.24 (3) (b) Contain State the name and address of the person cited, or other
25identification if that the person's name or address cannot be ascertained.
SB82,453
1Section 453. 968.085 (3) (c) of the statutes is renumbered 969.24 (3) (c).
SB82,454 2Section 454. 968.085 (3) (d) of the statutes is renumbered 969.24 (3) (d) and
3amended to read:
SB82,135,64 969.24 (3) (d) Direct the person cited to appear for his or her initial appearance
5in a designated court, at a designated
at a specified location and at a specified time
6and date.
SB82,455 7Section 455. 968.085 (4) of the statutes is renumbered 969.24 (4) and amended
8to read:
SB82,135,119 969.24 (4) Service. A The officer issuing the citation shall give a copy of the
10citation shall be delivered to the person cited, and file the original must be filed with
11the district attorney.
SB82,456 12Section 456. 968.085 (5) of the statutes is renumbered 969.24 (5) and amended
13to read:
SB82,135,2014 969.24 (5) Review by district attorney. The district attorney shall review the
15citation and may issue a complaint by endorsing the citation with his or her signature
16or issue a separate complaint charging the cited person.
If the district attorney
17reviews the case before the return date and declines to prosecute, he or she shall
18notify the law enforcement agency which that issued the citation. The law
19enforcement agency shall attempt to notify the person cited that he or she will not
20be charged and is not required to appear as directed in the citation.
SB82,457 21Section 457. 968.085 (6) of the statutes is renumbered 969.24 (6).
SB82,458 22Section 458. 968.085 (7) of the statutes is renumbered 969.24 (7) and amended
23to read:
SB82,136,3
1969.24 (7) Preparation of Form. The judicial conference shall prescribe the
2form and content of the
citation under s. 758.171 shall be in substantially the same
3form set forth in s. 969.26 (3)
.
SB82,459 4Section 459. 968.085 (8) of the statutes is renumbered 969.24 (8) and amended
5to read:
SB82,136,86 969.24 (8) Inapplicability to certain domestic abuse cases. A law enforcement
7officer may not issue a citation to a person for an offense if the officer is required to
8arrest the person for that offense under s. 968.075 969.27 (2).
SB82,460 9Section 460. 968.09 (title) of the statutes is renumbered 969.50 (title) and
10amended to read:
SB82,136,12 11969.50 (title) Warrant Bench warrant for defendant or witness on
12failure to appear.
SB82,461 13Section 461. 968.09 (1) of the statutes is renumbered 969.50 (1) and amended
14to read:
SB82,136,2015 969.50 (1) When a defendant or a witness fails to appear before the court as
16required, or violates a term of the defendant's or witness's bond or the defendant's
17or witness's probation, if any
condition of release, the court may issue a bench
18warrant for the defendant's or witness's arrest which shall direct that the defendant
19or witness be brought before the court without unreasonable delay. The court shall
20state on the record at the time of issuance of the bench warrant the reason therefor.
SB82,462 21Section 462. 968.09 (2) of the statutes is repealed.
SB82,463 22Section 463. 968.10 of the statutes is renumbered 968.455, and 968.455
23(intro.), (1), (2), (3), (4) and (5), as renumbered, are amended to read:
SB82,137,3
1968.455 Searches and seizures; when authorized. (intro.) A search of a
2person, object, or place may be made and things may be seized when the search is
3made under any of the following circumstances:
SB82,137,4 4(1) Incident to a lawful arrest;.
SB82,137,5 5(2) With consent;.
SB82,137,6 6(3) Pursuant to a valid search warrant; .
SB82,137,7 7(4) With the authority and within the scope of a right of lawful inspection;.
SB82,137,9 8(5) Pursuant to a search during an authorized temporary questioning as
9provided in s. 968.25; or 968.565.
SB82,464 10Section 464. Subchapter II (title) of chapter 968 [precedes 968.105] of the
11statutes is created to read:
SB82,137,1212 chapter 968
SB82,137,1413 subchapter II
14 John doe proceedings
SB82,465 15Section 465. 968.11 of the statutes is renumbered 968.575 and amended to
16read:
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