Amendment AA1-SB40

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2013 - 2014 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO SENATE BILL 40

November 12, 2013 - Offered by Representative Bies.

SB40-AA1,1,1 At the locations indicated, amend the bill as follows:

SB40-AA1,1,2 1. Page 2, line 1: before that line insert:

SB40-AA1,1,3 " Section 1g. 175.55 of the statutes is created to read:

SB40-AA1,1,5 175.55 Searches of persons on probation, parole, or under extended supervision. (1) In this section:

SB40-AA1,1,6 (a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

SB40-AA1,1,9 (b) "Search" means a search authorized under s. 302.043 (4), 302.045 (3m) (e), 302.05 (3) (c) 4., 302.11 (6m), 302.113 (7r), 302.114 (8g), 304.02 (2m), 304.06 (1r), or 973.09 (1d).

SB40-AA1,1,11 (2) Each law enforcement agency shall adopt a written policy for conducting a search. The policy shall require all of the following:

SB40-AA1,1,13 (a) A law enforcement officer who wishes to conduct a search to receive training on the policy established under this section before he or she conducts a search.

SB40-AA1,2,3 (b) Except as provided in par. (c), the law enforcement officer who wishes to conduct a search to submit, to his or her supervisor, a written summary of the facts or circumstances that form the basis for reasonable suspicion to conduct the search.

SB40-AA1,2,9 (c) In the existence of exigent circumstances, the law enforcement officer who wishes to conduct a search to present, to his or her supervisor, a verbal summary of the facts or circumstances that form the basis for reasonable suspicion to conduct the search. A law enforcement officer who receives approval for a search after providing a summary under this paragraph shall, as soon as practicable after the search occurs, reduce the summary to writing.

SB40-AA1,2,14 (d) A supervisor of the law enforcement officer who wishes to conduct a search to review the summary of the facts submitted under par. (b) or (c) and to grant approval to the search before the search occurs. A supervisor may not grant approval to a law enforcement officer who has not received the training required under par. (a).".

SB40-AA1,2,15 2. Page 2, line 1: delete " Section 1" and substitute "Section 1r".

SB40-AA1,2,18 3. Page 2, line 7: delete "conducted in a reasonable manner" and substitute "approved according to the policy established under s. 175.55, conducted in a reasonable manner,".

SB40-AA1,2,21 4. Page 2, line 17: delete "conducted in a reasonable manner" and substitute "approved according to the policy established under s. 175.55, conducted in a reasonable manner,".

SB40-AA1,2,24 5. Page 3, line 7: delete "conducted in a reasonable manner" and substitute "approved according to the policy established under s. 175.55, conducted in a reasonable manner,".

SB40-AA1,3,3 6. Page 3, line 17: delete "conducted in a reasonable manner" and substitute "approved according to the policy established under s. 175.55, conducted in a reasonable manner,".

SB40-AA1,3,6 7. Page 4, line 1: delete "conducted in a reasonable manner" and substitute "approved according to the policy established under s. 175.55, conducted in a reasonable manner,".

SB40-AA1,3,9 8. Page 4, line 11: delete "conducted in a reasonable manner" and substitute "approved according to the policy established under s. 175.55, conducted in a reasonable manner,".

SB40-AA1,3,12 9. Page 4, line 21: delete "conducted in a reasonable manner" and substitute "approved according to the policy established under s. 175.55, conducted in a reasonable manner,".

SB40-AA1,3,15 10. Page 5, line 6: delete "conducted in a reasonable manner" and substitute "approved according to the policy established under s. 175.55, conducted in a reasonable manner,".

SB40-AA1,3,18 11. Page 5, line 15: delete "conducted in a reasonable manner" and substitute "approved according to the policy established under s. 175.55, conducted in a reasonable manner,".

SB40-AA1,3,19 (End)