SB82: Bill Text

SB82,128,23 .... County

SB82,128,24 State of Wisconsin

SB82,128,25 vs.

SB82,129,1 .... (Defendant)

SB82,129,2 THE STATE OF WISCONSIN TO SAID DEFENDANT:

SB82,129,4 A complaint, copy of which is attached, having been made before me accusing the defendant of committing the crime of .... contrary to sec. ...., Stats.

SB82,129,9 You, ...., are, therefore, summoned to must appear before Branch .... of the .... court Circuit Court of .... County at the courthouse .... in the City of .... to answer said complaint, on ...., .... (year), at .... o'clock in the .... noon, and in case of your failure to appear, (date), ...., at .... a.m./p.m. If you do not appear, a warrant for your arrest may be issued.

SB82,129,12 You have been charged with committing the crime of .... in violation of section .... of the Wisconsin Statutes. A copy of the complaint charging you with that crime is attached.

SB82,129,13 Dated ...., .... (year)

SB82,129,14 .... (Signature)

SB82,129,15 .... District Attorney (Title)

SB82,428 Section 428. 968.04 (3) (b) 4. of the statutes is repealed.

SB82,429 Section 429. 968.04 (4) of the statutes is renumbered 969.21 (2), and 969.21 (2) (a) to (d), as renumbered, are amended to read:

SB82,129,21 969.21 (2) (a) The Unless otherwise specified under s. 969.20 (5), an arrest warrant issued under this section shall be directed to all law enforcement officers of the state. A warrant and may be served anywhere in the state.

SB82,129,24 (b) A warrant is served by arresting the defendant and informing the defendant as soon as practicable of the nature of the crime with which the defendant he or she is charged.

SB82,130,5 (c) An arrest may be made by a law enforcement officer without a warrant in the law enforcement officer's possession when the law enforcement officer has knowledge reasonably believes that a warrant has been issued. In such case, the officer shall inform the defendant as soon as practicable of the nature of the crime with which the defendant is charged.

SB82,130,8 (d) The law enforcement officer arresting a defendant shall endorse record upon the warrant the time and place of the arrest and the law enforcement officer's fees and mileage therefor.

SB82,430 Section 430. 968.05 of the statutes is renumbered 969.23, and 969.23 (1) and (2), as renumbered, are amended to read:

SB82,130,16 969.23 (1) When a corporation or limited liability company is charged with the commission of committing a criminal offense, the judge or district attorney shall issue a summons setting forth the nature of the offense and commanding the corporation or limited liability company to appear before a court at a specific time and place. The corporation or limited liability company shall appear by a corporate officer or an authorized agent other than defense counsel.

SB82,130,21 (2) The summons for the appearance of a corporation or limited liability company may be served as provided for service of a summons in the same way that a summons is served upon a corporation or limited liability company in a civil action under s. 801.11 (5). The summons shall be returnable not less than may not be returnable until at least 10 days after service.

SB82,431 Section 431. 968.06 of the statutes is repealed.

SB82,432 Section 432. 968.07 of the statutes is renumbered 969.16, and 969.16 (1) to (3), as renumbered, are amended to read:

SB82,131,2 969.16 (1) A Except as provided in sub. (3), a law enforcement officer may arrest a person when:

SB82,131,4 (a) The law enforcement officer has a warrant commanding that such person be arrested; or.

SB82,131,6 (b) The law enforcement officer reasonably believes , on reasonable grounds, that a warrant for the person's arrest has been issued in this state ; or.

SB82,131,8 (c) The law enforcement officer reasonably believes , on reasonable grounds, that a felony warrant for the person's arrest has been issued in another state; or.

SB82,131,10 (d) There are reasonable grounds The law enforcement officer has probable cause to believe that the person is committing or has committed a crime.

SB82,131,13 (1m) Notwithstanding sub. (1), a law enforcement officer shall arrest a person when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128 (1) (b), or 968.075 (2) (a) 969.27 (2) (a) or (5) (e).

SB82,131,16 (2) A law enforcement officer making a lawful arrest may command the aid of any person, and such person shall have the same power as that of the law enforcement officer.

SB82,131,21 (3) If the alleged violator under No law enforcement officer may arrest a person alleged to have violated s. 948.55 (2) or 948.60 (2) (c) until at least 7 days after the date of the shooting, if the person is or was the parent or guardian of a child who is injured or dies as a result of an accidental the shooting, no law enforcement officer may arrest the alleged violator until at least 7 days after the date of the shooting.

SB82,433 Section 433. 968.073 of the statutes is renumbered 969.165, and 969.165 (2), as renumbered, is amended to read:

SB82,132,2 969.165 (2) It is the policy of this state to make an audio or audio and visual recording of a custodial interrogation of a person suspected of committing a felony unless a condition under s. 972.115 (2) 972.18 (3) (a) 1. to 6. applies or good cause is shown for not making an audio or audio and visual recording of the interrogation.

SB82,434 Section 434. 968.075 (title) of the statutes is renumbered 969.27 (title).

SB82,435 Section 435. 968.075 (1) of the statutes is renumbered 969.27 (1).

SB82,436 Section 436. 968.075 (2) (a) of the statutes is renumbered 969.27 (2) (a), and 969.27 (2) (a) (intro.), as renumbered, is amended to read:

SB82,132,9 969.27 (2) (a) (intro.) Notwithstanding s. 968.07 (1) 969.16 (1) and except as provided in pars. (am) and (b), a law enforcement officer shall arrest and take a person into custody if:

SB82,437 Section 437. 968.075 (2) (am) of the statutes is renumbered 969.27 (2) (am) and amended to read:

SB82,132,16 969.27 (2) (am) Notwithstanding s. 968.07 (1) 969.16 (1), unless the person's arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (b) or sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is generally not appropriate for a law enforcement officer to arrest anyone under par. (a) other than the predominant aggressor.

SB82,438 Section 438. 968.075 (2) (ar) of the statutes is renumbered 969.27 (2) (ar).

SB82,439 Section 439. 968.075 (2) (b) of the statutes is renumbered 969.27 (2) (b).

SB82,440 Section 440. 968.075 (2m) of the statutes is renumbered 969.27 (2m) and amended to read:

SB82,132,24 969.27 (2m) Immediate release prohibited. Unless s. 968.08 969.17 applies, a law enforcement officer may not release a person whose arrest was required under sub. (2) until the person posts bail remits a cash deposit under s. 969.07 969.36 or appears before a judge under s. 970.01 (1) subch. I of ch. 971.

SB82,441 Section 441. 968.075 (3) of the statutes is renumbered 969.27 (3).

SB82,442 Section 442. 968.075 (4) of the statutes is renumbered 969.27 (4).

SB82,443 Section 443. 968.075 (5) of the statutes is renumbered 969.27 (5), and 969.27 (5) (e), as renumbered, is amended to read:

SB82,133,6 969.27 (5) (e) Notwithstanding s. 968.07 (1) 969.16 (1), a law enforcement officer shall arrest and take a person into custody if the officer has reasonable grounds to believe that the person has violated par. (a).

SB82,444 Section 444. 968.075 (6) to (9) of the statutes are renumbered 969.27 (6) to (9).

SB82,445 Section 445. 968.08 of the statutes is renumbered 969.17 and amended to read:

SB82,133,15 969.17 Release by law enforcement officer of arrested person. A Except as provided in s. 969.27 (5) (b) 1., a law enforcement officer having custody of a person arrested without a warrant may release the person arrested with or without requiring the person to appear before a judge if the law enforcement officer is satisfied that there are insufficient grounds for the issuance of a criminal complaint against the person arrested or the district attorney.

SB82,446 Section 446. 968.085 (title) of the statutes is renumbered 969.24 (title) and amended to read:

SB82,133,19 969.24 (title) Citation; nature; issuance; release of accused for misdemeanor.

SB82,447 Section 447. 968.085 (1) of the statutes is renumbered 969.24 (1) and amended to read:

SB82,134,2 969.24 (1) Nature. A citation under this section is a directive, issued by a law enforcement officer, that a person appear in court and answer criminal charges. A citation is not or the district attorney's office. The citation may be used as a criminal complaint and may not be used as a substitute for a criminal complaint if endorsed by the district attorney as provided in sub. (5).

SB82,448 Section 448. 968.085 (2) (intro.) of the statutes is renumbered 969.24 (2) and amended to read:

SB82,134,11 969.24 (2) Authority to issue; effect. Except as provided in sub. (8), a A law enforcement officer may issue a citation to any person whom he or she has reasonable grounds probable cause to believe has committed a misdemeanor. A citation may be issued in the field or at the headquarters or precinct station of the officer instead of or subsequent to at any time after a lawful arrest. If a citation is issued, the person cited shall be released on his or her own recognizance. In determining whether to issue a citation, the law enforcement officer may consider whether:

SB82,449 Section 449. 968.085 (2) (a) to (f) of the statutes are repealed.

SB82,450 Section 450. 968.085 (3) (intro.) of the statutes is renumbered 969.24 (3) (intro.).

SB82,451 Section 451. 968.085 (3) (a) of the statutes is renumbered 969.24 (3) (a) and amended to read:

SB82,134,21 969.24 (3) (a) Identify the offense and section which State essential facts constituting the crime the person is alleged to have allegedly committed and the statutory section that the person allegedly violated, including the date, and if material, identify the property and other persons involved of the offense and the maximum penalty for the offense.

SB82,452 Section 452. 968.085 (3) (b) of the statutes is renumbered 969.24 (3) (b) and amended to read:

SB82,134,25 969.24 (3) (b) Contain State the name and address of the person cited, or other identification if that the person's name or address cannot be ascertained.

SB82,453 Section 453. 968.085 (3) (c) of the statutes is renumbered 969.24 (3) (c).

SB82,454 Section 454. 968.085 (3) (d) of the statutes is renumbered 969.24 (3) (d) and amended to read:

SB82,135,6 969.24 (3) (d) Direct the person cited to appear for his or her initial appearance in a designated court, at a designated at a specified location and at a specified time and date.

SB82,455 Section 455. 968.085 (4) of the statutes is renumbered 969.24 (4) and amended to read:

SB82,135,11 969.24 (4) Service. A The officer issuing the citation shall give a copy of the citation shall be delivered to the person cited, and file the original must be filed with the district attorney.

SB82,456 Section 456. 968.085 (5) of the statutes is renumbered 969.24 (5) and amended to read:

SB82,135,20 969.24 (5) Review by district attorney. The district attorney shall review the citation and may issue a complaint by endorsing the citation with his or her signature or issue a separate complaint charging the cited person. If the district attorney reviews the case before the return date and declines to prosecute, he or she shall notify the law enforcement agency which that issued the citation. The law enforcement agency shall attempt to notify the person cited that he or she will not be charged and is not required to appear as directed in the citation.

SB82,457 Section 457. 968.085 (6) of the statutes is renumbered 969.24 (6).

SB82,458 Section 458. 968.085 (7) of the statutes is renumbered 969.24 (7) and amended to read:

SB82,136,3 969.24 (7) Preparation of Form. The judicial conference shall prescribe the form and content of the citation under s. 758.171 shall be in substantially the same form set forth in s. 969.26 (3).

SB82,459 Section 459. 968.085 (8) of the statutes is renumbered 969.24 (8) and amended to read:

SB82,136,8 969.24 (8) Inapplicability to certain domestic abuse cases. A law enforcement officer may not issue a citation to a person for an offense if the officer is required to arrest the person for that offense under s. 968.075 969.27 (2).

SB82,460 Section 460. 968.09 (title) of the statutes is renumbered 969.50 (title) and amended to read:

SB82,136,12 969.50 (title) Warrant Bench warrant for defendant or witness on failure to appear.

SB82,461 Section 461. 968.09 (1) of the statutes is renumbered 969.50 (1) and amended to read:

SB82,136,20 969.50 (1) When a defendant or a witness fails to appear before the court as required, or violates a term of the defendant's or witness's bond or the defendant's or witness's probation, if any condition of release, the court may issue a bench warrant for the defendant's or witness's arrest which shall direct that the defendant or witness be brought before the court without unreasonable delay. The court shall state on the record at the time of issuance of the bench warrant the reason therefor.

SB82,462 Section 462. 968.09 (2) of the statutes is repealed.

SB82,463 Section 463. 968.10 of the statutes is renumbered 968.455, and 968.455 (intro.), (1), (2), (3), (4) and (5), as renumbered, are amended to read:

SB82,137,3 968.455 Searches and seizures; when authorized. (intro.) A search of a person, object, or place may be made and things may be seized when the search is made under any of the following circumstances:

SB82,137,4 (1) Incident to a lawful arrest;.

SB82,137,5 (2) With consent;.

SB82,137,6 (3) Pursuant to a valid search warrant; .

SB82,137,7 (4) With the authority and within the scope of a right of lawful inspection;.

SB82,137,9 (5) Pursuant to a search during an authorized temporary questioning as provided in s. 968.25; or 968.565.

SB82,464 Section 464. Subchapter II (title) of chapter 968 [precedes 968.105] of the statutes is created to read:

SB82,137,12 chapter 968

SB82,137,14 subchapter II John doe proceedings

SB82,465 Section 465. 968.11 of the statutes is renumbered 968.575 and amended to read: