SB82,138,139 968.465 (1) Description and issuance. A search warrant is an order signed by
10a judge directing a law enforcement officer to conduct a search of a designated person,
11a designated object, or a designated place for the purpose of seizing designated
12property or kinds of property. A judge shall issue a search warrant if probable cause
13is shown.
SB82,468 14Section 468. 968.12 (2) and (3) (a) and (d) of the statutes are consolidated,
15renumbered 968.465 (2) and amended to read:
SB82,139,1016 968.465 (2) Warrant upon affidavit Procedure generally. A search warrant
17may be based upon sworn complaint or
Probable cause may be shown by an affidavit,
18or by oral testimony, or by a combination of an affidavit and oral testimony. The
19affidavit or testimony shall be sworn to or affirmed and may be upon information and
20belief. Oral testimony shall be
recorded by a phonographic stenographic reporter or
21under sub. (3) (d), showing probable cause therefor. The complaint, affidavit or
22testimony may be upon information and belief.
(3) (a) General rule. A search
23warrant may be based upon sworn oral testimony
voice recording device and may be
24communicated to the judge in person or by telephone, radio, or other reliable means
25of electronic communication, under the procedure prescribed in this subsection. (d)

1Recording and certification of testimony. When a caller informs the judge that the
2purpose of the call is to request a warrant, the judge shall place under oath each
3person whose testimony forms a basis of the application and each person applying
4for the warrant. The judge or requesting person shall arrange for all sworn
5testimony to be recorded either by a stenographic reporter or by means of a voice
6recording device. The judge shall have the record transcribed. The
. A transcript of
7the testimony
, certified as accurate by the judge or reporter, as appropriate, shall be
8filed with the court. If the testimony was recorded by means of a voice recording
9device, the judge shall also file
and the original recording of any testimony recorded
10by a voice recording device shall be filed
with the court.
SB82,469 11Section 469. 968.12 (3) (title) of the statutes is renumbered 968.465 (3) (title)
12and amended to read:
SB82,139,1413 968.465 (3) (title) Warrant upon oral Telephone and other remote testimony ;
14duplicate warrant procedure
.
SB82,470 15Section 470. 968.12 (3) (b) of the statutes is renumbered 968.465 (3) (a) and
16amended to read:
SB82,139,2317 968.465 (3) (a) Application. The person who is requesting the warrant When
18the applicant for a search warrant is testifying outside the presence of the judge, the
19judge shall place the applicant under oath or affirmation and arrange for all
20testimony to be recorded. The applicant
shall prepare a duplicate original warrant
21and read the duplicate original warrant, verbatim, to the judge. The judge shall
22enter, verbatim, what is read on the original warrant. The Thereafter, but before
23signing the original warrant, the
judge may direct that the warrant be modified.
SB82,471 24Section 471. 968.12 (3) (c) and (f) of the statutes are consolidated, renumbered
25968.465 (3) (b) and amended to read:
SB82,140,12
1968.465 (3) (b) Issuance. If the judge determines that there is probable cause
2for the warrant, the judge shall order the issuance of a issue the warrant by directing
3the person requesting the warrant to sign the judge's name on the duplicate original
4warrant. In addition, the person shall sign his or her own name on the duplicate
5original warrant. The judge shall immediately sign
signing the original warrant and
6enter on the face of the original warrant the exact time when the warrant was
7ordered to be issued. The finding of probable cause for a warrant upon oral testimony
8shall be based on the same kind of evidence as is sufficient for a warrant upon
9affidavit. (f)
Entry of time of execution. The judge shall direct the applicant to sign
10the judge's name on the duplicate warrant. In addition the applicant shall sign his
11or her own name on the duplicate warrant.
The person who executes the warrant
12shall enter the exact time of execution on the face of the duplicate original warrant.
SB82,472 13Section 472. 968.12 (3) (e) of the statutes is repealed.
SB82,473 14Section 473. 968.12 (4) of the statutes is renumbered 968.465 (7).
SB82,474 15Section 474. 968.13 (title) of the statutes is renumbered 968.475 (title) and
16amended to read:
SB82,140,17 17968.475 (title) Search warrant; property Property subject to seizure.
SB82,475 18Section 475. 968.13 (1) (intro.) of the statutes is renumbered 968.475 (2)
19(intro.) and amended to read:
SB82,140,2120 968.475 (2) (intro.) A search warrant may authorize the seizure of any of the
21following:
SB82,476 22Section 476. 968.13 (1) (a) of the statutes is renumbered 968.475 (1) (a) and
23amended to read:
SB82,141,724 968.475 (1) (a) "Contraband, which" includes without limitation because of
25enumeration
, but is not limited to, lottery tickets, gambling machines, or other

1gambling devices,; lewd, obscene , or indecent written matter, pictures, sound
2recordings, or motion picture films, ; forged money or written instruments and the
3tools, dies, machines, or materials for making them ,; and controlled substances, as
4defined in s. 961.01 (4), and controlled substance analogs, as defined in s. 961.01
5(4m), and the implements for smoking or injecting them. Gambling "Contraband"
6does not include
machines or other gambling devices possessed by a shipbuilding
7business that complies with s. 945.095 are not subject to this section.
SB82,477 8Section 477. 968.13 (1) (b), (c) and (d) of the statutes are renumbered 968.475
9(2) (b), (c) and (d).
SB82,478 10Section 478. 968.13 (2) of the statutes is renumbered 968.475 (1) (intro.) and
11amended to read:
SB82,141,1212 968.475 (1) (intro.) In this section, "documents":
SB82,141,14 13(b) "Documents" includes, but is not limited to, books, papers, records,
14recordings, tapes, photographs, films, or computer or electronic data.
SB82,479 15Section 479. 968.135 (title) of the statutes is renumbered 968.705 (title).
SB82,480 16Section 480. 968.135 of the statutes is renumbered 968.705 (1) and amended
17to read:
SB82,141,2318 968.705 (1) Upon the request of the attorney general or a district attorney and
19upon a showing of probable cause under s. 968.12 968.465, a court shall issue a
20subpoena requiring the production of documents, as specified defined in s. 968.13 (2).
21The documents shall be returnable to the court which issued the subpoena. Motions
22to the court, including, but not limited to,
968.475 (1) (b), within a reasonable time
23set by the court and set forth in the subpoena.
SB82,141,25 24(4) The person to whom the subpoena is directed may make motions to quash
25or limit the subpoena, shall be addressed to the court which issued the subpoena.
SB82,142,2
1(5) Any person who unlawfully refuses to produce the documents under sub.
2(1)
may be compelled to do so as provided in under ch. 785.
SB82,142,4 3(7) This section does not limit or affect any other subpoena authority provided
4by law.
SB82,481 5Section 481. 968.14 of the statutes is renumbered 968.485 (2) and amended
6to read:
SB82,142,97 968.485 (2) Use of force. All necessary force may be used to execute a search
8warrant or to effect any entry into enter any building or property or part thereof to
9execute a search warrant.
SB82,482 10Section 482. 968.15 of the statutes is renumbered 968.495, and 968.495 (1),
11as renumbered, is amended to read:
SB82,142,1312 968.495 (1) A search warrant must may not be executed and returned not more
13than 5 days after the date of issuance.
SB82,483 14Section 483. Subchapter III (title) of chapter 968 [precedes 968.155] of the
15statutes is created to read:
SB82,142,1616 chapter 968
SB82,142,1817 subchapter III
18 Grand Juries
SB82,484 19Section 484. 968.16 of the statutes is renumbered 968.485 (3) and amended
20to read:
SB82,143,221 968.485 (3) Detention and search of persons on premises present. The person
22While executing the search warrant, a law enforcement officer may reasonably
23detain any occupant of the premises and may reasonably detain and search any
24person on the premises at the time to protect himself or herself the law enforcement

1officer
from attack or to prevent the disposal or concealment of any item particularly
2described in the search warrant.
SB82,485 3Section 485. 968.17 of the statutes is renumbered 968.506.
SB82,486 4Section 486. 968.18 of the statutes is renumbered 968.605.
SB82,487 5Section 487. 968.19 of the statutes is renumbered 968.615 and amended to
6read:
SB82,143,11 7968.615 Custody of property seized. Property A law enforcement officer
8shall safely keep property
seized under a search warrant or validly seized without
9a warrant shall be safely kept by the officer, who and may leave it in the custody of
10the sheriff and take a receipt therefor, for it. The property shall be kept so long as
11necessary for the purpose of being produced as evidence on any trial.
SB82,488 12Section 488. 968.20 (title) of the statutes is renumbered 968.625 (title).
SB82,489 13Section 489. 968.20 (1) of the statutes is renumbered 968.625 (1), and 968.625
14(1) (intro.) and (a), as renumbered, are amended to read:
SB82,143,2415 968.625 (1) (intro.) Any person claiming the right to possession of property
16seized pursuant to a search warrant or seized without a search warrant may apply
17for its return to the circuit court for the county in which the property was seized or
18where the search warrant was returned. The court shall order such notice as it
19deems adequate to be given the district attorney and all persons who have or may
20have an interest in the property and shall hold a hearing to hear all claims to its true
21ownership. If the right to possession is proved to the court's satisfaction, it shall
22order the property, other than contraband or property covered under sub. (1m) or (1r)
23or s. 173.12 (1m), 173.21 (4) (1), or 968.205 968.645, returned if any of the following
24applies
:
SB82,144,2
1(a) The property is not needed as evidence or, if needed, satisfactory
2arrangements can be made for its return for subsequent use as evidence ; or.
SB82,490 3Section 490. 968.20 (1m) of the statutes is renumbered 968.625 (1m), and
4968.625 (1m) (b), as renumbered, is amended to read:
SB82,144,115 968.625 (1m) (b) If the seized property is a dangerous weapon or ammunition,
6the property shall not be returned to any person who committed a crime involving
7the use of the dangerous weapon or the ammunition. The property may be returned
8to the rightful owner under this section if the owner had no prior knowledge of and
9gave no consent to the commission of the crime. Property which may not be returned
10to an owner under this subsection shall be disposed of under subs. (3) and (4) s.
11175.27
.
SB82,491 12Section 491. 968.20 (1r) of the statutes is renumbered 968.625 (1r).
SB82,492 13Section 492. 968.20 (2) of the statutes is renumbered 968.625 (2) and amended
14to read:
SB82,144,1815 968.625 (2) Property not required for evidence or use in further investigation,
16unless contraband or property covered under sub. (1m) or (1r) or s. 173.12 (1m),
17173.21 (1),
or 968.205 968.645, may be returned by the officer to the person from
18whom it was seized without the requirement of a hearing.
SB82,493 19Section 493. 968.20 (3) and (4) of the statutes are renumbered 175.27 (1) and
20(2) and amended to read:
SB82,145,2221 175.27 (1) (a) First Unless the dangerous weapons or ammunition may be
22returned to the owner under s. 968.625 (1m) (b), first
class cities shall dispose of
23dangerous weapons or ammunition seized 12 months after taking possession of them
24if the owner, authorized under sub. (1m), has not requested their return and if the
25dangerous weapon or ammunition is not required for evidence or use in further

1investigation and has not been disposed of pursuant to a court order at the
2completion of a criminal action or proceeding. Disposition procedures shall be
3established by ordinance or resolution and may include provisions authorizing an
4attempt to return to the rightful owner any dangerous weapons or ammunition
5which appear to be stolen or are reported stolen. If enacted, any such provision shall
6include a presumption that, if the dangerous weapons or ammunition appear to be
7or are reported stolen, an attempt will be made to return the dangerous weapons or
8ammunition to the authorized rightful owner. If the return of a seized dangerous
9weapon other than a firearm is not requested by its rightful owner under sub. s.
10968.625
(1) and is not returned by the officer under sub. s. 968.625 (2), the city shall
11safely dispose of the dangerous weapon or, if the dangerous weapon is a motor
12vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure
13under s. 973.075 (4) or authorize a law enforcement agency to retain and use the
14motor vehicle. If the return of a seized firearm or ammunition is not requested by
15its authorized rightful owner under sub. s. 968.625 (1) and is not returned by the
16officer under sub. s. 968.625 (2), the seized firearm or ammunition shall be shipped
17to and become property of the state crime laboratories. A person designated by the
18department of justice may destroy any material for which the laboratory has no use
19or arrange for the exchange of material with other public agencies. In lieu of
20destruction, shoulder weapons for which the laboratories have no use shall be turned
21over to the department of natural resources for sale and distribution of proceeds
22under s. 29.934 or for use under s. 29.938.
SB82,146,2123 (b) Except as provided in par. (a) or, sub. (1m) (2), or (4) s. 968.625 (1m), a city,
24village, town, or county or other custodian of a seized dangerous weapon or
25ammunition, if the dangerous weapon or ammunition is not required for evidence or

1use in further investigation and has not been disposed of pursuant to a court order
2at the completion of a criminal action or proceeding, shall make reasonable efforts
3to notify all persons who have or may have an authorized rightful interest in the
4dangerous weapon or ammunition of the application requirements under sub. s.
5968.625
(1). If, within 30 days after the notice, an application under sub. s. 968.625
6(1) is not made and the seized dangerous weapon or ammunition is not returned by
7the officer under sub. s. 968.625 (2), the city, village, town, or county or other
8custodian may retain the dangerous weapon or ammunition and authorize its use by
9a law enforcement agency, except that a dangerous weapon used in the commission
10of a homicide or a handgun, as defined in s. 175.35 (1) (b), may not be retained. If
11a dangerous weapon other than a firearm is not so retained, the city, village, town,
12or county or other custodian shall safely dispose of the dangerous weapon or, if the
13dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor
14vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is
15not so retained, the city, village, town, or county or other custodian shall ship it to
16the state crime laboratories and it is then the property of the laboratories. A person
17designated by the department of justice may destroy any material for which the
18laboratories have no use or arrange for the exchange of material with other public
19agencies. In lieu of destruction, shoulder weapons for which the laboratory has no
20use shall be turned over to the department of natural resources for sale and
21distribution of proceeds under s. 29.934 or for use under s. 29.938.
SB82,147,6 22(2) Any property seized, other than property covered under s. 968.205 968.645,
23that poses a danger to life or other property in storage, transportation , or use and
24that is not required for evidence or further investigation shall be safely disposed of
25upon command of the person in whose custody they are committed. The city, village,

1town, or county shall by ordinance or resolution establish disposal procedures.
2Procedures may include provisions authorizing an attempt to return to the rightful
3owner substances which have a commercial value in normal business usage and do
4not pose an immediate threat to life or property. If enacted, any such provision shall
5include a presumption that if the substance appears to be or is reported stolen an
6attempt will be made to return the substance to the rightful owner.
SB82,494 7Section 494. 968.205 of the statutes is renumbered 968.645, and 968.645 (1)
8(a) and (b), (2) and (3) (b) 2., as renumbered, are amended to read:
SB82,147,169 968.645 (1) (a) "Custody" means actual custody of a person under a sentence
10of imprisonment, custody of a probationer, parolee, or person on extended
11supervision by the department of corrections, actual or constructive custody of a
12person pursuant to a dispositional order under ch. 938, supervision of a person,
13whether in institutional care or on conditional release, pursuant to a commitment
14order under s. 971.17 subch. III of ch. 975, and supervision of a person under ch. 980,
15whether in detention before trial or while in institutional care or on supervised
16release pursuant to a commitment order.
SB82,147,2117 (b) "Discharge date" means the date on which a person is released or discharged
18from custody that resulted from a criminal action, a delinquency proceeding under
19ch. 938, or a commitment proceeding under s. 971.17 subch. III of ch. 975 or ch. 980
20or, if the person is serving consecutive sentences of imprisonment, the date on which
21the person is released or discharged from custody under all of the sentences.
SB82,148,5 22(2) Except as provided in sub. (3), if physical evidence that is in the possession
23of a law enforcement agency includes any biological material that was collected in
24connection with a criminal investigation that resulted in a criminal conviction,
25delinquency adjudication, or commitment under s. 971.17 subch. III of ch. 975 or s.

1980.06 and the biological material is from a victim of the offense that was the subject
2of the criminal investigation or may reasonably be used to incriminate or exculpate
3any person for the offense
, the law enforcement agency shall preserve the physical
4evidence until every person in custody as a result of the conviction, adjudication, or
5commitment has reached his or her discharge date.
SB82,148,7 6(3) (b) 2. Submits a written request for retention of the evidence to the law
7enforcement agency or district attorney.
SB82,495 8Section 495. 968.21 of the statutes is renumbered 968.465 (4).
SB82,496 9Section 496. 968.22 of the statutes is renumbered 968.515.
SB82,497 10Section 497. 968.23 of the statutes is renumbered 968.525.
SB82,498 11Section 498. 968.24 of the statutes is renumbered 968.555.
SB82,499 12Section 499. 968.25 of the statutes is renumbered 968.565 and amended to
13read:
SB82,149,2 14968.565 Search during temporary questioning. When a law enforcement
15officer has stopped a person for temporary questioning pursuant to under s. 968.24
16968.555 and reasonably suspects that he or she the law enforcement officer or
17another individual is in danger of physical injury, the law enforcement officer may
18search such the person for weapons or any instrument or, article, or substance
19readily capable of causing physical injury and of a sort not ordinarily carried in public
20places by law abiding persons. If the law enforcement officer finds such a weapon
21or instrument, or any other property possession of which the law enforcement officer
22reasonably believes may constitute the commission of a crime, or which may
23constitute a threat to his or her the safety of the law enforcement officer, the law
24enforcement officer may take it and keep it until the completion of the questioning,

1at which time the law enforcement officer shall either return it, if lawfully possessed,
2or arrest the person so questioned.
SB82,500 3Section 500. 968.255 (title) of the statutes is renumbered 968.585 (title).
SB82,501 4Section 501. 968.255 (1) of the statutes is renumbered 968.585 (1), and
5968.585 (1) (a) 3., as renumbered, is amended to read:
SB82,149,86 968.585 (1) (a) 3. A person taken into custody under s. 938.19 and there are
7reasonable grounds to believe the juvenile has committed an act which if committed
8by an adult would be covered a misdemeanor under subd. 1. or 2. or a felony.
SB82,502 9Section 502. 968.255 (2) (intro.) of the statutes is renumbered 968.585 (2)
10(intro.).
SB82,503 11Section 503. 968.255 (2) (ag), (am), (ar), (b), (c), (d) and (e) of the statutes are
12renumbered 968.585 (2) (ag), (am), (ar), (b), (c), (d) and (e), and 968.585 (2) (b), (d) and
13(e), as renumbered, are amended to read:
SB82,149,1514 968.585 (2) (b) The detainee is not exposed to the view of any person whose
15presence is
not reasonably needed for conducting the search.
SB82,149,1916 (d) A person conducting the search has obtained the prior written permission
17authorization of the chief, or sheriff or law enforcement administrator of the
18jurisdiction where the person is detained, or his or her designee, unless there is
19probable cause to believe that the detainee is concealing a weapon.
SB82,149,2320 (e) A The person conducting the search prepares a report identifying the
21person detained, all persons conducting the search, the time, date , and place of the
22search, and the written authorization required by par. (d), and provides a copy of the
23report to the detainee.
SB82,504 24Section 504. 968.255 (3) of the statutes is renumbered 968.585 (3) and
25amended to read:
SB82,150,2
1968.585 (3) No person other than a physician, physician assistant, or
2registered nurse licensed to practice in this state may conduct a body cavity search.
SB82,505 3Section 505. 968.255 (4) of the statutes is renumbered 946.77 and amended
4to read:
SB82,150,7 5946.77 Improper search of a detained person. A person who Whoever
6intentionally violates this section may be fined not more than $1,000 or imprisoned
7not more than 90 days or both
s. 968.585 is guilty of a Class B misdemeanor.
SB82,506 8Section 506. 968.255 (5) of the statutes is renumbered 968.585 (5).
SB82,507 9Section 507. 968.255 (6) of the statutes is renumbered 968.585 (6) and
10amended to read:
SB82,150,1611 968.585 (6) Each law enforcement agency, as defined in s. 165.83 (1) (b), and
12each facility where a strip search may be conducted pursuant to this section, shall
13establish written policies and procedures concerning strip searches which at least
14that, at a minimum, meet the minimum requirements of this section and shall
15provide annual training regarding the policies and procedures to any employee or
16agent of the agency or facility who may conduct a strip search.
SB82,508 17Section 508. 968.255 (7) of the statutes is renumbered 968.585 (7) and
18amended to read:
SB82,150,2019 968.585 (7) This section does not apply to a search of any person who meets any
20of the following criteria
:
SB82,150,2221 (a) Is The person is serving a sentence, pursuant to a conviction, in a jail, state
22prison, or house of correction.
SB82,150,2523 (b) Is The person is placed in or transferred to a juvenile correctional facility,
24as defined in s. 938.02 (10p), or a secured residential care center for children and
25youth, as defined in s. 938.02 (15g).
SB82,151,2
1(c) Is The person is committed, transferred, or admitted under ch. 975, 2013
2stats., or
ch. 51, 971 or 975.
SB82,151,33 (d) Is The person is confined as a condition of probation under s. 973.09 (4).
SB82,509 4Section 509. 968.256 of the statutes is renumbered 968.59 and amended to
5read:
SB82,151,9 6968.59 Search of physically disabled person persons with a physical
7disability
. (1) In this section, " physically disabled "person with a physical
8disability
" means a person who requires an assistive device for mobility, including,
9but not limited to, a wheelchair, brace, crutch, or artificial limb.
SB82,151,15 10(2) A search of a physically disabled person with a physical disability shall be
11conducted in a careful manner. If a search of a physically disabled person with a
12physical disability
requires the removal of an assistive device or involves a person
13lacking sensation in some portion of his or her body, the search shall be conducted
14with extreme care by a person who has had training in handling physically disabled
15persons with a physical disability.
SB82,510 16Section 510. 968.26 of the statutes is renumbered 968.105, and 968.105 (3),
17as renumbered, is amended to read:
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