SB82: Bill Text

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:

SB82,137,20 968.575 Scope of search incident to lawful arrest. When a lawful arrest is made, a law enforcement officer may reasonably search the person arrested and an area within such person's immediate presence for any of the purpose of following purposes:

SB82,137,21 (1) Protecting the officer from attack; .

SB82,137,22 (2) Preventing the person from escaping; .

SB82,137,23 (3) Discovering and seizing the fruits of the crime ; or other offense.

SB82,138,3 (4) Discovering and seizing any instruments, articles, or things which may have been used in the commission of, or which may constitute evidence of, the offense.

SB82,466 Section 466. 968.12 (title) of the statutes is renumbered 968.465 (title) and amended to read:

SB82,138,6 968.465 (title) Search Application for and issuance of search warrant.

SB82,467 Section 467. 968.12 (1) of the statutes is renumbered 968.465 (1) and amended to read:

SB82,138,13 968.465 (1) Description and issuance. A search warrant is an order signed by a judge directing a law enforcement officer to conduct a search of a designated person, a designated object, or a designated place for the purpose of seizing designated property or kinds of property. A judge shall issue a search warrant if probable cause is shown.

SB82,468 Section 468. 968.12 (2) and (3) (a) and (d) of the statutes are consolidated, renumbered 968.465 (2) and amended to read:

SB82,139,10 968.465 (2) Warrant upon affidavit Procedure generally. A search warrant may be based upon sworn complaint or Probable cause may be shown by an affidavit, or by oral testimony, or by a combination of an affidavit and oral testimony. The affidavit or testimony shall be sworn to or affirmed and may be upon information and belief. Oral testimony shall be recorded by a phonographic stenographic reporter or under sub. (3) (d), showing probable cause therefor. The complaint, affidavit or testimony may be upon information and belief. (3) (a) General rule. A search warrant may be based upon sworn oral testimony voice recording device and may be communicated to the judge in person or by telephone, radio, or other reliable means of electronic communication, under the procedure prescribed in this subsection. (d) Recording and certification of testimony. When a caller informs the judge that the purpose of the call is to request a warrant, the judge shall place under oath each person whose testimony forms a basis of the application and each person applying for the warrant. The judge or requesting person shall arrange for all sworn testimony to be recorded either by a stenographic reporter or by means of a voice recording device. The judge shall have the record transcribed. The . A transcript of the testimony, certified as accurate by the judge or reporter, as appropriate, shall be filed with the court. If the testimony was recorded by means of a voice recording device, the judge shall also file and the original recording of any testimony recorded by a voice recording device shall be filed with the court.

SB82,469 Section 469. 968.12 (3) (title) of the statutes is renumbered 968.465 (3) (title) and amended to read:

SB82,139,14 968.465 (3) (title) Warrant upon oral Telephone and other remote testimony ; duplicate warrant procedure.

SB82,470 Section 470. 968.12 (3) (b) of the statutes is renumbered 968.465 (3) (a) and amended to read:

SB82,139,23 968.465 (3) (a) Application. The person who is requesting the warrant When the applicant for a search warrant is testifying outside the presence of the judge, the judge shall place the applicant under oath or affirmation and arrange for all testimony to be recorded. The applicant shall prepare a duplicate original warrant and read the duplicate original warrant, verbatim, to the judge. The judge shall enter, verbatim, what is read on the original warrant. The Thereafter, but before signing the original warrant, the judge may direct that the warrant be modified.

SB82,471 Section 471. 968.12 (3) (c) and (f) of the statutes are consolidated, renumbered 968.465 (3) (b) and amended to read:

SB82,140,12 968.465 (3) (b) Issuance. If the judge determines that there is probable cause for the warrant, the judge shall order the issuance of a issue the warrant by directing the person requesting the warrant to sign the judge's name on the duplicate original warrant. In addition, the person shall sign his or her own name on the duplicate original warrant. The judge shall immediately sign signing the original warrant and enter on the face of the original warrant the exact time when the warrant was ordered to be issued. The finding of probable cause for a warrant upon oral testimony shall be based on the same kind of evidence as is sufficient for a warrant upon affidavit. (f) Entry of time of execution. The judge shall direct the applicant to sign the judge's name on the duplicate warrant. In addition the applicant shall sign his or her own name on the duplicate warrant. The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant.

SB82,472 Section 472. 968.12 (3) (e) of the statutes is repealed.

SB82,473 Section 473. 968.12 (4) of the statutes is renumbered 968.465 (7).

SB82,474 Section 474. 968.13 (title) of the statutes is renumbered 968.475 (title) and amended to read:

SB82,140,17 968.475 (title) Search warrant; property Property subject to seizure.

SB82,475 Section 475. 968.13 (1) (intro.) of the statutes is renumbered 968.475 (2) (intro.) and amended to read:

SB82,140,21 968.475 (2) (intro.) A search warrant may authorize the seizure of any of the following:

SB82,476 Section 476. 968.13 (1) (a) of the statutes is renumbered 968.475 (1) (a) and amended to read:

SB82,141,7 968.475 (1) (a) "Contraband, which" includes without limitation because of enumeration, but is not limited to, lottery tickets, gambling machines, or other gambling devices,; lewd, obscene , or indecent written matter, pictures, sound recordings, or motion picture films, ; forged money or written instruments and the tools, dies, machines, or materials for making them ,; and controlled substances, as defined in s. 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m), and the implements for smoking or injecting them. Gambling "Contraband" does not include machines or other gambling devices possessed by a shipbuilding business that complies with s. 945.095 are not subject to this section.

SB82,477 Section 477. 968.13 (1) (b), (c) and (d) of the statutes are renumbered 968.475 (2) (b), (c) and (d).

SB82,478 Section 478. 968.13 (2) of the statutes is renumbered 968.475 (1) (intro.) and amended to read:

SB82,141,12 968.475 (1) (intro.) In this section, "documents":

SB82,141,14 (b) "Documents" includes, but is not limited to, books, papers, records, recordings, tapes, photographs, films, or computer or electronic data.

SB82,479 Section 479. 968.135 (title) of the statutes is renumbered 968.705 (title).

SB82,480 Section 480. 968.135 of the statutes is renumbered 968.705 (1) and amended to read:

SB82,141,23 968.705 (1) Upon the request of the attorney general or a district attorney and upon a showing of probable cause under s. 968.12 968.465, a court shall issue a subpoena requiring the production of documents, as specified defined in s. 968.13 (2). The documents shall be returnable to the court which issued the subpoena. Motions to the court, including, but not limited to, 968.475 (1) (b), within a reasonable time set by the court and set forth in the subpoena.

SB82,141,25 (4) The person to whom the subpoena is directed may make motions to quash or limit the subpoena, shall be addressed to the court which issued the subpoena.

SB82,142,2 (5) Any person who unlawfully refuses to produce the documents under sub. (1) may be compelled to do so as provided in under ch. 785.

SB82,142,4 (7) This section does not limit or affect any other subpoena authority provided by law.

SB82,481 Section 481. 968.14 of the statutes is renumbered 968.485 (2) and amended to read:

SB82,142,9 968.485 (2) Use of force. All necessary force may be used to execute a search warrant or to effect any entry into enter any building or property or part thereof to execute a search warrant.

SB82,482 Section 482. 968.15 of the statutes is renumbered 968.495, and 968.495 (1), as renumbered, is amended to read:

SB82,142,13 968.495 (1) A search warrant must may not be executed and returned not more than 5 days after the date of issuance.

SB82,483 Section 483. Subchapter III (title) of chapter 968 [precedes 968.155] of the statutes is created to read:

SB82,142,16 chapter 968

SB82,142,18 subchapter III Grand Juries

SB82,484 Section 484. 968.16 of the statutes is renumbered 968.485 (3) and amended to read:

SB82,143,2 968.485 (3) Detention and search of persons on premises present. The person While executing the search warrant, a law enforcement officer may reasonably detain any occupant of the premises and may reasonably detain and search any person on the premises at the time to protect himself or herself the law enforcement officer from attack or to prevent the disposal or concealment of any item particularly described in the search warrant.

SB82,485 Section 485. 968.17 of the statutes is renumbered 968.506.

SB82,486 Section 486. 968.18 of the statutes is renumbered 968.605.

SB82,487 Section 487. 968.19 of the statutes is renumbered 968.615 and amended to read:

SB82,143,11 968.615 Custody of property seized. Property A law enforcement officer shall safely keep property seized under a search warrant or validly seized without a warrant shall be safely kept by the officer, who and may leave it in the custody of the sheriff and take a receipt therefor, for it. The property shall be kept so long as necessary for the purpose of being produced as evidence on any trial.

SB82,488 Section 488. 968.20 (title) of the statutes is renumbered 968.625 (title).

SB82,489 Section 489. 968.20 (1) of the statutes is renumbered 968.625 (1), and 968.625 (1) (intro.) and (a), as renumbered, are amended to read:

SB82,143,24 968.625 (1) (intro.) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.12 (1m), 173.21 (4) (1), or 968.205 968.645, returned if any of the following applies:

SB82,144,2 (a) The property is not needed as evidence or, if needed, satisfactory arrangements can be made for its return for subsequent use as evidence ; or.

SB82,490 Section 490. 968.20 (1m) of the statutes is renumbered 968.625 (1m), and 968.625 (1m) (b), as renumbered, is amended to read:

SB82,144,11 968.625 (1m) (b) If the seized property is a dangerous weapon or ammunition, the property shall not be returned to any person who committed a crime involving the use of the dangerous weapon or the ammunition. The property may be returned to the rightful owner under this section if the owner had no prior knowledge of and gave no consent to the commission of the crime. Property which may not be returned to an owner under this subsection shall be disposed of under subs. (3) and (4) s. 175.27.

SB82,491 Section 491. 968.20 (1r) of the statutes is renumbered 968.625 (1r).

SB82,492 Section 492. 968.20 (2) of the statutes is renumbered 968.625 (2) and amended to read:

SB82,144,18 968.625 (2) Property not required for evidence or use in further investigation, unless contraband or property covered under sub. (1m) or (1r) or s. 173.12 (1m), 173.21 (1), or 968.205 968.645, may be returned by the officer to the person from whom it was seized without the requirement of a hearing.