SB82: Bill Text

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.

SB82,493 Section 493. 968.20 (3) and (4) of the statutes are renumbered 175.27 (1) and (2) and amended to read:

SB82,145,22 175.27 (1) (a) First Unless the dangerous weapons or ammunition may be returned to the owner under s. 968.625 (1m) (b), first class cities shall dispose of dangerous weapons or ammunition seized 12 months after taking possession of them if the owner, authorized under sub. (1m), has not requested their return and if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding. Disposition procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, any such provision shall include a presumption that, if the dangerous weapons or ammunition appear to be or are reported stolen, an attempt will be made to return the dangerous weapons or ammunition to the authorized rightful owner. If the return of a seized dangerous weapon other than a firearm is not requested by its rightful owner under sub. s. 968.625 (1) and is not returned by the officer under sub. s. 968.625 (2), the city shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4) or authorize a law enforcement agency to retain and use the motor vehicle. If the return of a seized firearm or ammunition is not requested by its authorized rightful owner under sub. s. 968.625 (1) and is not returned by the officer under sub. s. 968.625 (2), the seized firearm or ammunition shall be shipped to and become property of the state crime laboratories. A person designated by the department of justice may destroy any material for which the laboratory has no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratories have no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

SB82,146,21 (b) Except as provided in par. (a) or, sub. (1m) (2), or (4) s. 968.625 (1m), a city, village, town, or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. s. 968.625 (1). If, within 30 days after the notice, an application under sub. s. 968.625 (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. s. 968.625 (2), the city, village, town, or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town, or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town, or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

SB82,147,6 (2) Any property seized, other than property covered under s. 968.205 968.645, that poses a danger to life or other property in storage, transportation , or use and that is not required for evidence or further investigation shall be safely disposed of upon command of the person in whose custody they are committed. The city, village, town, or county shall by ordinance or resolution establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances which have a commercial value in normal business usage and do not pose an immediate threat to life or property. If enacted, any such provision shall include a presumption that if the substance appears to be or is reported stolen an attempt will be made to return the substance to the rightful owner.

SB82,494 Section 494. 968.205 of the statutes is renumbered 968.645, and 968.645 (1) (a) and (b), (2) and (3) (b) 2., as renumbered, are amended to read:

SB82,147,16 968.645 (1) (a) "Custody" means actual custody of a person under a sentence of imprisonment, custody of a probationer, parolee, or person on extended supervision by the department of corrections, actual or constructive custody of a person pursuant to a dispositional order under ch. 938, supervision of a person, whether in institutional care or on conditional release, pursuant to a commitment order under s. 971.17 subch. III of ch. 975, and supervision of a person under ch. 980, whether in detention before trial or while in institutional care or on supervised release pursuant to a commitment order.

SB82,147,21 (b) "Discharge date" means the date on which a person is released or discharged from custody that resulted from a criminal action, a delinquency proceeding under ch. 938, or a commitment proceeding under s. 971.17 subch. III of ch. 975 or ch. 980 or, if the person is serving consecutive sentences of imprisonment, the date on which the person is released or discharged from custody under all of the sentences.

SB82,148,5 (2) Except as provided in sub. (3), if physical evidence that is in the possession of a law enforcement agency includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, delinquency adjudication, or commitment under s. 971.17 subch. III of ch. 975 or s. 980.06 and the biological material is from a victim of the offense that was the subject of the criminal investigation or may reasonably be used to incriminate or exculpate any person for the offense, the law enforcement agency shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.

SB82,148,7 (3) (b) 2. Submits a written request for retention of the evidence to the law enforcement agency or district attorney.

SB82,495 Section 495. 968.21 of the statutes is renumbered 968.465 (4).

SB82,496 Section 496. 968.22 of the statutes is renumbered 968.515.

SB82,497 Section 497. 968.23 of the statutes is renumbered 968.525.

SB82,498 Section 498. 968.24 of the statutes is renumbered 968.555.

SB82,499 Section 499. 968.25 of the statutes is renumbered 968.565 and amended to read:

SB82,149,2 968.565 Search during temporary questioning. When a law enforcement officer has stopped a person for temporary questioning pursuant to under s. 968.24 968.555 and reasonably suspects that he or she the law enforcement officer or another individual is in danger of physical injury, the law enforcement officer may search such the person for weapons or any instrument or, article, or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the law enforcement officer finds such a weapon or instrument, or any other property possession of which the law enforcement officer reasonably believes may constitute the commission of a crime, or which may constitute a threat to his or her the safety of the law enforcement officer, the law enforcement officer may take it and keep it until the completion of the questioning, at which time the law enforcement officer shall either return it, if lawfully possessed, or arrest the person so questioned.

SB82,500 Section 500. 968.255 (title) of the statutes is renumbered 968.585 (title).

SB82,501 Section 501. 968.255 (1) of the statutes is renumbered 968.585 (1), and 968.585 (1) (a) 3., as renumbered, is amended to read:

SB82,149,8 968.585 (1) (a) 3. A person taken into custody under s. 938.19 and there are reasonable grounds to believe the juvenile has committed an act which if committed by an adult would be covered a misdemeanor under subd. 1. or 2. or a felony.

SB82,502 Section 502. 968.255 (2) (intro.) of the statutes is renumbered 968.585 (2) (intro.).

SB82,503 Section 503. 968.255 (2) (ag), (am), (ar), (b), (c), (d) and (e) of the statutes are renumbered 968.585 (2) (ag), (am), (ar), (b), (c), (d) and (e), and 968.585 (2) (b), (d) and (e), as renumbered, are amended to read:

SB82,149,15 968.585 (2) (b) The detainee is not exposed to the view of any person whose presence is not reasonably needed for conducting the search.

SB82,149,19 (d) A person conducting the search has obtained the prior written permission authorization of the chief, or sheriff or law enforcement administrator of the jurisdiction where the person is detained, or his or her designee, unless there is probable cause to believe that the detainee is concealing a weapon.

SB82,149,23 (e) A The person conducting the search prepares a report identifying the person detained, all persons conducting the search, the time, date , and place of the search, and the written authorization required by par. (d), and provides a copy of the report to the detainee.

SB82,504 Section 504. 968.255 (3) of the statutes is renumbered 968.585 (3) and amended to read:

SB82,150,2 968.585 (3) No person other than a physician, physician assistant, or registered nurse licensed to practice in this state may conduct a body cavity search.

SB82,505 Section 505. 968.255 (4) of the statutes is renumbered 946.77 and amended to read:

SB82,150,7 946.77 Improper search of a detained person. A person who Whoever intentionally violates this section may be fined not more than $1,000 or imprisoned not more than 90 days or both s. 968.585 is guilty of a Class B misdemeanor.

SB82,506 Section 506. 968.255 (5) of the statutes is renumbered 968.585 (5).

SB82,507 Section 507. 968.255 (6) of the statutes is renumbered 968.585 (6) and amended to read:

SB82,150,16 968.585 (6) Each law enforcement agency, as defined in s. 165.83 (1) (b), and each facility where a strip search may be conducted pursuant to this section, shall establish written policies and procedures concerning strip searches which at least that, at a minimum, meet the minimum requirements of this section and shall provide annual training regarding the policies and procedures to any employee or agent of the agency or facility who may conduct a strip search.

SB82,508 Section 508. 968.255 (7) of the statutes is renumbered 968.585 (7) and amended to read:

SB82,150,20 968.585 (7) This section does not apply to a search of any person who meets any of the following criteria:

SB82,150,22 (a) Is The person is serving a sentence, pursuant to a conviction, in a jail, state prison, or house of correction.

SB82,150,25 (b) Is The person is placed in or transferred to a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g).

SB82,151,2 (c) Is The person is committed, transferred, or admitted under ch. 975, 2013 stats., or ch. 51, 971 or 975.

SB82,151,3 (d) Is The person is confined as a condition of probation under s. 973.09 (4).

SB82,509 Section 509. 968.256 of the statutes is renumbered 968.59 and amended to read:

SB82,151,9 968.59 Search of physically disabled person persons with a physical disability. (1) In this section, " physically disabled "person with a physical disability" means a person who requires an assistive device for mobility, including, but not limited to, a wheelchair, brace, crutch, or artificial limb.

SB82,151,15 (2) A search of a physically disabled person with a physical disability shall be conducted in a careful manner. If a search of a physically disabled person with a physical disability requires the removal of an assistive device or involves a person lacking sensation in some portion of his or her body, the search shall be conducted with extreme care by a person who has had training in handling physically disabled persons with a physical disability.

SB82,510 Section 510. 968.26 of the statutes is renumbered 968.105, and 968.105 (3), as renumbered, is amended to read: