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2013 - 2014 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO SENATE BILL 40
November 12, 2013 - Offered by Representative Bies.
SB40-AA1,1,11 At the locations indicated, amend the bill as follows:
SB40-AA1,1,2 21. Page 2, line 1: before that line insert:
SB40-AA1,1,3 3" Section 1g. 175.55 of the statutes is created to read:
SB40-AA1,1,5 4175.55 Searches of persons on probation, parole, or under extended
5supervision.
(1) In this section:
SB40-AA1,1,66 (a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB40-AA1,1,97 (b) "Search" means a search authorized under s. 302.043 (4), 302.045 (3m) (e),
8302.05 (3) (c) 4., 302.11 (6m), 302.113 (7r), 302.114 (8g), 304.02 (2m), 304.06 (1r), or
9973.09 (1d).
SB40-AA1,1,11 10(2) Each law enforcement agency shall adopt a written policy for conducting
11a search. The policy shall require all of the following:
SB40-AA1,1,1312 (a) A law enforcement officer who wishes to conduct a search to receive training
13on the policy established under this section before he or she conducts a search.
SB40-AA1,2,3
1(b) Except as provided in par. (c), the law enforcement officer who wishes to
2conduct a search to submit, to his or her supervisor, a written summary of the facts
3or circumstances that form the basis for reasonable suspicion to conduct the search.
SB40-AA1,2,94 (c) In the existence of exigent circumstances, the law enforcement officer who
5wishes to conduct a search to present, to his or her supervisor, a verbal summary of
6the facts or circumstances that form the basis for reasonable suspicion to conduct the
7search. A law enforcement officer who receives approval for a search after providing
8a summary under this paragraph shall, as soon as practicable after the search occurs,
9reduce the summary to writing.
SB40-AA1,2,1410 (d) A supervisor of the law enforcement officer who wishes to conduct a search
11to review the summary of the facts submitted under par. (b) or (c) and to grant
12approval to the search before the search occurs. A supervisor may not grant approval
13to a law enforcement officer who has not received the training required under par.
14(a).".
SB40-AA1,2,15 152. Page 2, line 1: delete " Section 1" and substitute "Section 1r".
SB40-AA1,2,18 163. Page 2, line 7: delete "conducted in a reasonable manner" and substitute
17"approved according to the policy established under s. 175.55, conducted in a
18reasonable manner,".
SB40-AA1,2,21 194. Page 2, line 17: delete "conducted in a reasonable manner" and substitute
20"approved according to the policy established under s. 175.55, conducted in a
21reasonable manner,".
SB40-AA1,2,24 225. Page 3, line 7: delete "conducted in a reasonable manner" and substitute
23"approved according to the policy established under s. 175.55, conducted in a
24reasonable manner,".
SB40-AA1,3,3
16. Page 3, line 17: delete "conducted in a reasonable manner" and substitute
2"approved according to the policy established under s. 175.55, conducted in a
3reasonable manner,".
SB40-AA1,3,6 47. Page 4, line 1: delete "conducted in a reasonable manner" and substitute
5"approved according to the policy established under s. 175.55, conducted in a
6reasonable manner,".
SB40-AA1,3,9 78. Page 4, line 11: delete "conducted in a reasonable manner" and substitute
8"approved according to the policy established under s. 175.55, conducted in a
9reasonable manner,".
SB40-AA1,3,12 109. Page 4, line 21: delete "conducted in a reasonable manner" and substitute
11"approved according to the policy established under s. 175.55, conducted in a
12reasonable manner,".
SB40-AA1,3,15 1310. Page 5, line 6: delete "conducted in a reasonable manner" and substitute
14"approved according to the policy established under s. 175.55, conducted in a
15reasonable manner,".
SB40-AA1,3,18 1611. Page 5, line 15: delete "conducted in a reasonable manner" and substitute
17"approved according to the policy established under s. 175.55, conducted in a
18reasonable manner,".
SB40-AA1,3,1919 (End)
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