Amendment SSA1-SB82

SB82-SSA1,105,8 968.025 (4) (title) Jury selection.

SB82-SSA1,369 Section 369. 968.025 (4) (e) of the statutes is created to read:

SB82-SSA1,105,14 968.025 (4) (e) The court shall select the inquest jury by lot once a panel of at least 12 potential jurors has been qualified. If the inquest is likely to be protracted, the judge may select also one or more alternate jurors by lot. If more than 6 jurors remain after all of the evidence is presented, the court shall determine by lot which jurors will not participate in deliberations and discharge them.

SB82-SSA1,370 Section 370. 968.03 (title) and (3) of the statutes are repealed.

SB82-SSA1,371 Section 371. 968.03 (1) of the statutes is repealed.

SB82-SSA1,372 Section 372. 968.03 (2) of the statutes is renumbered 969.20 (8) and amended to read:

SB82-SSA1,105,24 969.20 (8) Withdrawal of warrant or summons and complaint. An unserved warrant or summons and complaint in a case in which an initial appearance has not been held shall, at the request of the district attorney, be returned to the judge who may dismiss the action. Such court, and the court shall dismiss the action. The request shall be in writing, it and shall state the reasons therefor in writing and shall be filed with the clerk for which it is made.

SB82-SSA1,373 Section 373. 968.035 (title) of the statutes is created to read:

SB82-SSA1,106,1 968.035 (title) Witnesses.

SB82-SSA1,374 Section 374. 968.04 (title) of the statutes is renumbered 969.20 (title) and amended to read:

SB82-SSA1,106,5 969.20 (title) Warrant Issuance of arrest warrant or summons on complaint.

SB82-SSA1,375 Section 375. 968.04 (1) (intro.) of the statutes is renumbered 969.20 (1) and amended to read:

SB82-SSA1,106,20 969.20 (1) Warrants In general. If it appears from the complaint, or from an affidavit or affidavits filed with the complaint or after an examination under oath of the complainant or witnesses, when the a judge determines that this is necessary, that there is probable cause to believe that an offense has been committed and that the accused has committed it, the judge shall issue a warrant for the arrest of the defendant accused or a summons in lieu thereof. The probable cause determination may be based on a criminal complaint, an affidavit filed with the criminal complaint, or if the judge determines it is necessary, after an examination under oath of the complainant or witness. The warrant or summons shall be delivered forthwith to a law enforcement officer for service. If the judge does not find probable cause to believe that an offense has been committed or that the accused has committed it, the judge shall record that finding on the complaint, file the complaint with the clerk, and dismiss the action without prejudice.

SB82-SSA1,376 Section 376. 968.04 (1) (a) of the statutes is repealed.

SB82-SSA1,377 Section 377. 968.04 (1) (b) of the statutes is renumbered 969.20 (4) and amended to read:

SB82-SSA1,107,5 969.20 (4) Issuance by judge from another county. A warrant or summons may be issued by a judge in another county may issue a warrant or summons when there is no available judge of the county in which the complaint is issued. The warrant or summons shall be returnable before a judge to a court in the county in which the offense alleged in the complaint was committed, and the summons shall be returnable before the circuit court of the county in which the offense alleged in the complaint was committed issued.

SB82-SSA1,378 Section 378. 968.04 (1) (c) of the statutes is renumbered 969.20 (5) and amended to read:

SB82-SSA1,107,9 969.20 (5) Geographical limits. A judge issuing an arrest warrant may specify geographical limits for its enforcement of a warrant.

SB82-SSA1,379 Section 379. 968.04 (1) (d) of the statutes is renumbered 969.20 (3) and amended to read:

SB82-SSA1,107,23 969.20 (3) Examination of complainant or witness. An A judge shall place each complainant or witness under oath and arrange for all sworn testimony to be recorded, either by a stenographic reporter or by means of a voice recording device. A judge may permit an examination of the complainant or witness under sub. (1) may or (2) to take place by telephone on request of the person seeking the warrant or summons unless good cause to the contrary appears. The judge shall place each complainant or witness under oath and arrange for all sworn testimony to be recorded, either by a stenographic reporter or by means of a voice recording device. The judge shall may have the record transcribed. The If the record is transcribed, the transcript, 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 the original recording with the court.

SB82-SSA1,380 Section 380. 968.04 (2) (title) of the statutes is repealed.

SB82-SSA1,381 Section 381. 968.04 (2) (a) of the statutes is renumbered 969.20 (7) (a) and amended to read:

SB82-SSA1,108,6 969.20 (7) (a) In After issuing a complaint in any case, the district attorney, after the issuance of a complaint, may issue a summons in lieu of requesting the issuance of a warrant. The complaint district attorney shall then be filed file the complaint with the clerk.

SB82-SSA1,382 Section 382. 968.04 (2) (b) of the statutes is renumbered 969.20 (7) (b).

SB82-SSA1,383 Section 383. 968.04 (2) (c) of the statutes is repealed.

SB82-SSA1,384 Section 384. 968.04 (3) (title) of the statutes is repealed.

SB82-SSA1,385 Section 385. 968.04 (3) (a) (intro.) of the statutes is renumbered 969.21 (1) (intro.) and amended to read:

SB82-SSA1,108,13 969.21 (1) Warrant Mandatory provisions. (intro.) The An arrest warrant shall meet all of the following requirements:

SB82-SSA1,386 Section 386. 968.04 (3) (a) 1. to 6. of the statutes are renumbered 969.21 (1) (a) to (f) and amended to read:

SB82-SSA1,108,16 969.21 (1) (a) Be The warrant shall be in writing and signed by the judge.

SB82-SSA1,108,19 (b) State The warrant shall state the name of the crime the defendant allegedly committed and the number of the statutory section charged and number of the section alleged to have been that the defendant allegedly violated.

SB82-SSA1,108,20 (c) Have The warrant shall have attached to it a copy of the complaint.

SB82-SSA1,108,23 (d) State The warrant shall state the name of the person to be arrested, if known, or if not known, designate the person to be arrested by any description by which the person to be arrested can be identified with reasonable certainty.

SB82-SSA1,108,25 (e) State The warrant shall state the date when it was issued and, the name of the judge who issued it together with, and the title of the judge's office.

SB82-SSA1,109,4 (f) Command The warrant shall command that the person against whom the complaint was made alleged to have committed the crime in par. (b) be arrested and, except as provided in s. 969.20 (4), be brought before the judge issuing the warrant, or, if the judge is absent or unable to act, before some other judge in the same county.

SB82-SSA1,387 Section 387. 968.04 (3) (a) 7. of the statutes is renumbered 969.26 (1) and amended to read:

SB82-SSA1,109,8 969.26 (1) Arrest warrant. The An arrest warrant shall be in substantially the following form:

SB82-SSA1,109,9 STATE OF WISCONSIN,

SB82-SSA1,109,10 .... County

SB82-SSA1,109,11 State of Wisconsin

SB82-SSA1,109,12 vs.

SB82-SSA1,109,13 .... (Defendant(s))

SB82-SSA1,109,14 THE STATE OF WISCONSIN TO ANY LAW ENFORCEMENT OFFICER:

SB82-SSA1,109,19 A complaint or affidavit, copy of which is attached, having has been filed with me or testimony has been presented before me accusing the defendant(s) of committing the crime of .... contrary to sec. ...., Stats., and I having have found that there is probable cause exists that the crime was committed by to believe the defendant(s) committed that crime.

SB82-SSA1,109,21 You are, therefore, commanded to arrest the defendant(s) and bring .... before me, or, if I am not available, before some other a judge of this county.

SB82-SSA1,109,22 Dated ...., .... (year)

SB82-SSA1,109,23 ....(Signature)

SB82-SSA1,109,24 ....(Title)

SB82-SSA1,388 Section 388. 968.04 (3) (a) 8. of the statutes is repealed.

SB82-SSA1,389 Section 389. 968.04 (3) (b) (title) of the statutes is renumbered 969.22 (title).

SB82-SSA1,390 Section 390. 968.04 (3) (b) 1. of the statutes is renumbered 969.22 (1) and amended to read:

SB82-SSA1,110,8 969.22 (1) Mandatory provisions. The summons shall command the defendant to appear before a court at a certain time and place and shall be in substantially the form set forth in subd. 3. s. 969.26 (2). The complaint and summons may be on the same form. If they are, the complaint shall be beneath the summons. If separate forms are used, a copy of the complaint shall be attached to the summons.

SB82-SSA1,391 Section 391. 968.04 (3) (b) 2. of the statutes is renumbered 969.22 (2) and amended to read:

SB82-SSA1,110,15 969.22 (2) Service. A summons may be served anywhere in the state and it shall be served by delivering a copy to the defendant personally or, by leaving a copy at the defendant's his or her usual place of abode with a person of discretion residing therein there, or by mailing a copy to the defendant's last-known address. It shall be served by a law enforcement officer.

SB82-SSA1,392 Section 392. 968.04 (3) (b) 3. (intro.) of the statutes is renumbered 969.26 (2) (intro.) and amended to read:

SB82-SSA1,110,19 969.26 (2) Summons. (intro.) The A summons shall be in substantially the following form:

SB82-SSA1,393 Section 393. 968.04 (3) (b) 3. a. of the statutes is repealed.

SB82-SSA1,394 Section 394. 968.04 (3) (b) 3. b. (intro.) of the statutes is repealed.

SB82-SSA1,395 Section 395. 968.04 (3) (b) 3. b. (form) of the statutes is renumbered 969.26 (2) (form) and amended to read:

SB82-SSA1,110,24 969.26 (2) (form)

SB82-SSA1,110,25 STATE OF WISCONSIN,

SB82-SSA1,111,1 .... County

SB82-SSA1,111,2 State of Wisconsin

SB82-SSA1,111,3 vs.

SB82-SSA1,111,4 .... (Defendant)

SB82-SSA1,111,5 THE STATE OF WISCONSIN TO SAID DEFENDANT:

SB82-SSA1,111,7 A complaint, copy of which is attached, having been made before me accusing the defendant of committing the crime of .... contrary to sec. ...., Stats.

SB82-SSA1,111,12 You, ...., are, therefore, summoned to must appear before Branch .... of the .... court Circuit Court of .... County at the courthouse .... in the City of .... to answer said complaint, on ...., .... (year), at .... o'clock in the .... noon, and in case of your failure to appear, (date), ...., at .... a.m./p.m. If you do not appear, a warrant for your arrest may be issued.

SB82-SSA1,111,15 You have been charged with committing the crime of .... in violation of section .... of the Wisconsin Statutes. A copy of the complaint charging you with that crime is attached.

SB82-SSA1,111,16 Dated ...., .... (year)

SB82-SSA1,111,17 .... (Signature)

SB82-SSA1,111,18 .... District Attorney (Title)

SB82-SSA1,396 Section 396. 968.04 (3) (b) 4. of the statutes is repealed.

SB82-SSA1,397 Section 397. 968.04 (4) of the statutes is renumbered 969.21 (2), and 969.21 (2) (a) to (d), as renumbered, are amended to read:

SB82-SSA1,111,24 969.21 (2) (a) The Unless otherwise specified under s. 969.20 (5), an arrest warrant issued under this section shall be directed to all law enforcement officers of the state. A warrant and may be served anywhere in the state.

SB82-SSA1,112,3 (b) A warrant is served by arresting the defendant and informing the defendant as soon as practicable of the nature of the crime with which the defendant he or she is charged.

SB82-SSA1,112,8 (c) An arrest may be made by a law enforcement officer without a warrant in the law enforcement officer's possession when the law enforcement officer has knowledge reasonably believes that a warrant has been issued. In such case, the officer shall inform the defendant as soon as practicable of the nature of the crime with which the defendant is charged.

SB82-SSA1,112,11 (d) The law enforcement officer arresting a defendant shall endorse record upon the warrant the time and place of the arrest and the law enforcement officer's fees and mileage therefor.

SB82-SSA1,398 Section 398. 968.05 of the statutes is renumbered 969.23, and 969.23 (1) and (2), as renumbered, are amended to read:

SB82-SSA1,112,19 969.23 (1) When a corporation or limited liability company is charged with the commission of committing a criminal offense, the judge or district attorney shall issue a summons setting forth the nature of the offense and commanding the corporation or limited liability company to appear before a court at a specific time and place. The corporation or limited liability company shall appear by a corporate officer or an authorized agent other than defense counsel.

SB82-SSA1,112,24 (2) The summons for the appearance of a corporation or limited liability company may be served as provided for service of a summons in the same way that a summons is served upon a corporation or limited liability company in a civil action under s. 801.11 (5). The summons shall be returnable not less than may not be returnable until at least 10 days after service.

SB82-SSA1,399 Section 399. 968.06 (title) of the statutes is repealed.

SB82-SSA1,400 Section 400. 968.06 of the statutes is renumbered 970.06 (4) and amended to read:

SB82-SSA1,113,7 970.06 (4) Upon indictment by a grand jury a complaint shall be issued filed, as provided by s. 968.02 970.08, upon the person named in the indictment and the person shall be entitled to a preliminary hearing under s. 970.03 971.042, and all proceedings thereafter shall be the same as if the person had been initially charged under s. 968.02 970.08 and had not been indicted by a grand jury.

SB82-SSA1,401 Section 401. 968.07 of the statutes is renumbered 969.16, and 969.16 (1) to (3), as renumbered, are amended to read:

SB82-SSA1,113,11 969.16 (1) A Except as provided in sub. (3), a law enforcement officer may arrest a person when:

SB82-SSA1,113,13 (a) The law enforcement officer has a warrant commanding that such person be arrested; or.

SB82-SSA1,113,15 (b) The law enforcement officer reasonably believes , on reasonable grounds, that a warrant for the person's arrest has been issued in this state ; or.

SB82-SSA1,113,17 (c) The law enforcement officer reasonably believes , on reasonable grounds, that a felony warrant for the person's arrest has been issued in another state; or.