SB82: Bill Text

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:

SB82,152,8 968.105 (3) The extent to which the judge may proceed in an examination under sub. (1) or (2) is within the judge's discretion. The examination may be adjourned and may shall be secret unless the judge orders otherwise. Unless the judge orders the proceeding not to be secret, the record and the testimony taken is not open to public inspection. The record and testimony taken is open to inspection by the district attorney, and, if a criminal prosecution follows, it is subject to discovery under s. 971.43 (2) (br). Any witness examined under this section may have counsel present at the examination but the counsel shall not be allowed to examine his or her client, cross-examine other witnesses, or argue before the judge. Subject to s. 971.23 971.43, if the proceeding is secret, the record of the proceeding and the testimony taken shall not be open to inspection by anyone except the district attorney unless it is used by the prosecution at the preliminary hearing or the trial of the accused and then only to the extent that it is so used. A court, on the motion of a district attorney, may compel a person to testify or produce evidence under s. 972.08 967.17 (1). The person is immune from prosecution as provided in s. 972.08 967.17 (1), subject to the restrictions under s. 972.085 967.18.

SB82,511 Section 511. 968.265 of the statutes is renumbered 968.595.

SB82,512 Section 512. 968.27 (intro.) of the statutes is renumbered 968.305 (intro.) and amended to read:

SB82,152,12 968.305 Definitions. (intro.) In ss. 968.28 to 968.375 this subchapter:

SB82,513 Section 513. 968.27 (1) of the statutes is renumbered 968.305 (1) and amended to read:

SB82,152,17 968.305 (1) "Aggrieved person" means a person who was a party to any intercepted wire, electronic, or oral communication or a person against whom the interception was directed.

SB82,514 Section 514. 968.27 (2) of the statutes is renumbered 968.305 (2).

SB82,515 Section 515. 968.27 (3) of the statutes is renumbered 968.305 (3) and amended to read:

SB82,152,23 968.305 (3) "Contents" when used with respect to any wire, electronic, or oral communication, includes any information concerning the substance, purport, or meaning of that communication.

SB82,516 Section 516. 968.27 (4) of the statutes is renumbered 968.305 (4), and 968.305 (4) (intro.), as renumbered, is amended to read:

SB82,153,5 968.305 (4) (intro.) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature wholly or partially transmitted by a wire, radio, electromagnetic, photoelectronic , or photooptical system. "Electronic communication" does not include any of the following:

SB82,517 Section 517. 968.27 (5) of the statutes is renumbered 968.305 (5).

SB82,518 Section 518. 968.27 (6) of the statutes is renumbered 968.305 (6) and amended to read:

SB82,153,12 968.305 (6) "Electronic communications system" means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of those communications.

SB82,519 Section 519. 968.27 (7) of the statutes is renumbered 968.305 (7), and 968.305 (7) (intro.) and (a) (intro.) and 1., as renumbered, are amended to read:

SB82,153,17 968.305 (7) (intro.) "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire, electronic, or oral communication other than one of the following:

SB82,153,20 (a) (intro.) Any telephone or telegraph instrument, equipment, or facilities, or any component thereof, which is of a telephone or telegraph instrument, equipment, or facilities, that is any of the following:

SB82,153,25 1. Furnished to the subscriber or user by a provider of electronic or wire communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of the service and used in the ordinary course of its business; or.

SB82,520 Section 520. 968.27 (8) of the statutes is renumbered 968.305 (8).

SB82,521 Section 521. 968.27 (9) of the statutes is renumbered 968.305 (9) and amended to read:

SB82,154,6 968.305 (9) "Intercept" means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.

SB82,522 Section 522. 968.27 (10) of the statutes is renumbered 968.305 (10).

SB82,523 Section 523. 968.27 (11) of the statutes is renumbered 968.305 (11) and amended to read:

SB82,154,11 968.305 (11) "Judge" means the judge sitting at the time an application is made under s. 968.30 968.335 or his or her successor.

SB82,524 Section 524. 968.27 (12) and (13) of the statutes are renumbered 968.305 (12) and (13).

SB82,525 Section 525. 968.27 (14) of the statutes is renumbered 968.305 (14).

SB82,526 Section 526. 968.27 (14g) of the statutes is renumbered 968.305 (14g).

SB82,527 Section 527. 968.27 (15) of the statutes is renumbered 968.305 (15).

SB82,528 Section 528. 968.27 (16) (intro.), (a) and (b) of the statutes are consolidated, renumbered 968.305 (16) and amended to read:

SB82,154,21 968.305 (16) "User" means any person who or entity that: (a) Uses uses an electronic communication service; and (b) Is duly is authorized by the provider of the service to engage in that use.

SB82,529 Section 529. 968.27 (17) of the statutes is renumbered 968.305 (17).

SB82,530 Section 530. 968.28 of the statutes is renumbered 968.315 and amended to read:

SB82,155,17 968.315 Application for court order to intercept communications. The attorney general together with the district attorney of any county may approve a request of an investigative or law enforcement officer to apply to the chief judge of the judicial administrative district for the county where the interception is to take place for an order authorizing or approving the interception of wire, electronic, or oral communications. The chief judge may under s. 968.30 968.335 grant an order authorizing or approving the interception of wire, electronic, or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense for which the application is made. The authorization shall be permitted only if the interception may provide or has provided evidence of the commission of the offense of homicide, felony murder, kidnapping, commercial gambling, bribery, extortion, dealing in controlled substances or controlled substance analogs, a computer crime that is a felony under s. 943.70, sexual exploitation of a child under s. 948.05, trafficking of a child under s. 948.051, child enticement under s. 948.07, use of a computer to facilitate a child sex crime under s. 948.075, or soliciting a child for prostitution under s. 948.08, or any conspiracy to commit any of the foregoing offenses.

SB82,531 Section 531. 968.29 of the statutes is renumbered 968.325 and amended to read:

SB82,156,2 968.325 Authorization for disclosure and use of intercepted wire, electronic, or oral communications. (1) Any investigative or law enforcement officer who, by any means authorized by ss. 968.28 968.315 to 968.37 968.405 or 18 USC 2510 to 2520, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived therefrom, may disclose the contents to another investigative or law enforcement officer only to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

SB82,156,7 (2) Any investigative or law enforcement officer who, by any means authorized by ss. 968.28 968.315 to 968.37 968.405 or 18 USC 2510 to 2520, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived therefrom may use the contents only to the extent the use is appropriate to the proper performance of the officer's official duties.

SB82,156,15 (3) (a) Any person who has received, by any means authorized by ss. 968.28 968.315 to 968.37 968.405 or 18 USC 2510 to 2520 or by a like statute of any other state, any information concerning a wire, electronic, or oral communication or evidence derived therefrom intercepted in accordance with ss. 968.28 968.315 to 968.37 968.405, may disclose the contents of that communication or that derivative evidence only while giving testimony under oath or affirmation in any proceeding in any court or before any magistrate or grand jury in this state, or in any court of the United States or of any state, or in any federal or state grand jury proceeding.

SB82,156,23 (b) In addition to the disclosure provisions of par. (a), any person who has received, in the manner described under s. 968.31 968.345 (2) (b), any information concerning a wire, electronic, or oral communication or evidence derived therefrom, may disclose the contents of that communication or that derivative evidence while giving testimony under oath or affirmation in any proceeding described in par. (a) in which a person is accused of any act constituting a felony, and only if the party who consented to the interception is available to testify at the proceeding or if another witness is available to authenticate the recording.

SB82,157,3 (4) No otherwise privileged wire, electronic , or oral communication intercepted in accordance with, or in violation of, ss. 968.28 968.315 to 968.37 968.405 or 18 USC 2510 to 2520, may lose its privileged character.