SB82-SSA1,379 10Section 379. 968.04 (1) (d) of the statutes is renumbered 969.20 (3) and
11amended to read:
SB82-SSA1,107,2312 969.20 (3) Examination of complainant or witness. An A judge shall place
13each complainant or witness under oath and arrange for all sworn testimony to be
14recorded, either by a stenographic reporter or by means of a voice recording device.
15A judge may permit an
examination of the complainant or witness under sub. (1) may
16or (2) to take place by telephone on request of the person seeking the warrant or
17summons unless good cause to the contrary appears. The judge shall place each
18complainant or witness under oath and arrange for all sworn testimony to be
19recorded, either by a stenographic reporter or by means of a voice recording device.

20The judge shall may have the record transcribed. The If the record is transcribed,
21the
transcript, certified as accurate by the judge or reporter, as appropriate, shall be
22filed with the court. If the testimony was recorded by means of a voice recording
23device, the judge shall also file the original recording with the court.
SB82-SSA1,380 24Section 380. 968.04 (2) (title) of the statutes is repealed.
SB82-SSA1,381
1Section 381. 968.04 (2) (a) of the statutes is renumbered 969.20 (7) (a) and
2amended to read:
SB82-SSA1,108,63 969.20 (7) (a) In After issuing a complaint in any case, the district attorney,
4after the issuance of a complaint,
may issue a summons in lieu of requesting the
5issuance of a warrant. The complaint district attorney shall then be filed file the
6complaint
with the clerk.
SB82-SSA1,382 7Section 382. 968.04 (2) (b) of the statutes is renumbered 969.20 (7) (b).
SB82-SSA1,383 8Section 383. 968.04 (2) (c) of the statutes is repealed.
SB82-SSA1,384 9Section 384. 968.04 (3) (title) of the statutes is repealed.
SB82-SSA1,385 10Section 385. 968.04 (3) (a) (intro.) of the statutes is renumbered 969.21 (1)
11(intro.) and amended to read:
SB82-SSA1,108,1312 969.21 (1) Warrant Mandatory provisions. (intro.) The An arrest warrant
13shall meet all of the following requirements:
SB82-SSA1,386 14Section 386. 968.04 (3) (a) 1. to 6. of the statutes are renumbered 969.21 (1)
15(a) to (f) and amended to read:
SB82-SSA1,108,1616 969.21 (1) (a) Be The warrant shall be in writing and signed by the judge.
SB82-SSA1,108,1917 (b) State The warrant shall state the name of the crime the defendant allegedly
18committed
and the number of the statutory section charged and number of the
19section alleged to have been
that the defendant allegedly violated.
SB82-SSA1,108,2020 (c) Have The warrant shall have attached to it a copy of the complaint.
SB82-SSA1,108,2321 (d) State The warrant shall state the name of the person to be arrested, if
22known, or if not known, designate the person to be arrested by any description by
23which the person to be arrested can be identified with reasonable certainty.
SB82-SSA1,108,2524 (e) State The warrant shall state the date when it was issued and, the name
25of the judge who issued it together with, and the title of the judge's office.
SB82-SSA1,109,4
1(f) Command The warrant shall command that the person against whom the
2complaint was made
alleged to have committed the crime in par. (b) be arrested and,
3except as provided in s. 969.20 (4), be
brought before the judge issuing the warrant,
4or, if the judge is absent or unable to act, before some other judge in the same county.
SB82-SSA1,387 5Section 387. 968.04 (3) (a) 7. of the statutes is renumbered 969.26 (1) and
6amended to read:
SB82-SSA1,109,87 969.26 (1) Arrest warrant. The An arrest warrant shall be in substantially the
8following form:
SB82-SSA1,109,99 STATE OF WISCONSIN,
SB82-SSA1,109,1010 .... County
SB82-SSA1,109,1111 State of Wisconsin
SB82-SSA1,109,1313 .... (Defendant(s))
SB82-SSA1,109,1414 THE STATE OF WISCONSIN TO ANY LAW ENFORCEMENT OFFICER:
SB82-SSA1,109,1915 A complaint or affidavit, copy of which is attached, having has been filed with
16me or testimony has been presented before me accusing the defendant(s) of
17committing the crime of .... contrary to sec. ...., Stats., and I having have found that
18there is probable cause exists that the crime was committed by to believe the
19defendant(s) committed that crime.
SB82-SSA1,109,2120 You are, therefore, commanded to arrest the defendant(s) and bring .... before
21me, or, if I am not available, before some other a judge of this county.
SB82-SSA1,109,2222 Dated ...., .... (year)
SB82-SSA1,109,2323 ....(Signature)
SB82-SSA1,109,2424 ....(Title)
SB82-SSA1,388 25Section 388. 968.04 (3) (a) 8. of the statutes is repealed.
SB82-SSA1,389
1Section 389. 968.04 (3) (b) (title) of the statutes is renumbered 969.22 (title).
SB82-SSA1,390 2Section 390. 968.04 (3) (b) 1. of the statutes is renumbered 969.22 (1) and
3amended to read:
SB82-SSA1,110,84 969.22 (1) Mandatory provisions. The summons shall command the defendant
5to appear before a court at a certain time and place and shall be in substantially the
6form set forth in subd. 3. s. 969.26 (2). The complaint and summons may be on the
7same form. If they are, the complaint shall be beneath the summons. If separate
8forms are used, a copy of the complaint shall be attached to the summons.
SB82-SSA1,391 9Section 391. 968.04 (3) (b) 2. of the statutes is renumbered 969.22 (2) and
10amended to read:
SB82-SSA1,110,1511 969.22 (2) Service. A summons may be served anywhere in the state and it
12shall be served by delivering a copy to the defendant personally or, by leaving a copy
13at the defendant's his or her usual place of abode with a person of discretion residing
14therein there, or by mailing a copy to the defendant's last-known address. It shall
15be served by a law enforcement officer.
SB82-SSA1,392 16Section 392. 968.04 (3) (b) 3. (intro.) of the statutes is renumbered 969.26 (2)
17(intro.) and amended to read:
SB82-SSA1,110,1918 969.26 (2) Summons. (intro.) The A summons shall be in substantially the
19following form:
SB82-SSA1,393 20Section 393. 968.04 (3) (b) 3. a. of the statutes is repealed.
SB82-SSA1,394 21Section 394. 968.04 (3) (b) 3. b. (intro.) of the statutes is repealed.
SB82-SSA1,395 22Section 395. 968.04 (3) (b) 3. b. (form) of the statutes is renumbered 969.26
23(2) (form) and amended to read:
SB82-SSA1,110,2424 969.26 (2) (form)
SB82-SSA1,110,2525 STATE OF WISCONSIN,
SB82-SSA1,111,1
1.... County
SB82-SSA1,111,22 State of Wisconsin
SB82-SSA1,111,44 .... (Defendant)
SB82-SSA1,111,55 THE STATE OF WISCONSIN TO SAID DEFENDANT:
SB82-SSA1,111,7 6 A complaint, copy of which is attached, having been made before me accusing
7the defendant of committing the crime of .... contrary to sec. ...., Stats.
SB82-SSA1,111,128 You, ...., are, therefore, summoned to must appear before Branch .... of the ....
9court
Circuit Court of .... County at the courthouse .... in the City of .... to answer said
10complaint,
on ...., .... (year), at .... o'clock in the .... noon, and in case of your failure
11to appear,
(date), ...., at .... a.m./p.m. If you do not appear, a warrant for your arrest
12may be issued.
SB82-SSA1,111,15 13You have been charged with committing the crime of .... in violation of section
14.... of the Wisconsin Statutes. A copy of the complaint charging you with that crime
15is attached.
SB82-SSA1,111,1616 Dated ...., .... (year)
SB82-SSA1,111,1717 .... (Signature)
SB82-SSA1,111,1818 .... District Attorney (Title)
SB82-SSA1,396 19Section 396. 968.04 (3) (b) 4. of the statutes is repealed.
SB82-SSA1,397 20Section 397. 968.04 (4) of the statutes is renumbered 969.21 (2), and 969.21
21(2) (a) to (d), as renumbered, are amended to read:
SB82-SSA1,111,2422 969.21 (2) (a) The Unless otherwise specified under s. 969.20 (5), an arrest
23warrant issued under this section shall be directed to all law enforcement officers of
24the state. A warrant and may be served anywhere in the state.
SB82-SSA1,112,3
1(b) A warrant is served by arresting the defendant and informing the defendant
2as soon as practicable of the nature of the crime with which the defendant he or she
3is charged.
SB82-SSA1,112,84 (c) An arrest may be made by a law enforcement officer without a warrant in
5the law enforcement officer's possession when the law enforcement officer has
6knowledge
reasonably believes that a warrant has been issued. In such case, the
7officer shall inform the defendant as soon as practicable of the nature of the crime
8with which the defendant is charged.
SB82-SSA1,112,119 (d) The law enforcement officer arresting a defendant shall endorse record
10upon the warrant the time and place of the arrest and the law enforcement officer's
11fees and mileage therefor
.
SB82-SSA1,398 12Section 398. 968.05 of the statutes is renumbered 969.23, and 969.23 (1) and
13(2), as renumbered, are amended to read:
SB82-SSA1,112,1914 969.23 (1) When a corporation or limited liability company is charged with the
15commission of
committing a criminal offense, the judge or district attorney shall
16issue a summons setting forth the nature of the offense and commanding the
17corporation or limited liability company to appear before a court at a specific time
18and place. The corporation or limited liability company shall appear by a corporate
19officer or an authorized agent other than defense counsel.
SB82-SSA1,112,24 20(2) The summons for the appearance of a corporation or limited liability
21company may be served as provided for service of a summons in the same way that
22a summons is served
upon a corporation or limited liability company in a civil action
23under s. 801.11 (5). The summons shall be returnable not less than may not be
24returnable until at least
10 days after service.
SB82-SSA1,399 25Section 399. 968.06 (title) of the statutes is repealed.
SB82-SSA1,400
1Section 400. 968.06 of the statutes is renumbered 970.06 (4) and amended to
2read:
SB82-SSA1,113,73 970.06 (4) Upon indictment by a grand jury a complaint shall be issued filed,
4as provided by s. 968.02 970.08, upon the person named in the indictment and the
5person shall be entitled to a preliminary hearing under s. 970.03 971.042, and all
6proceedings thereafter shall be the same as if the person had been initially charged
7under s. 968.02 970.08 and had not been indicted by a grand jury.
SB82-SSA1,401 8Section 401. 968.07 of the statutes is renumbered 969.16, and 969.16 (1) to
9(3), as renumbered, are amended to read:
SB82-SSA1,113,1110 969.16 (1) A Except as provided in sub. (3), a law enforcement officer may
11arrest a person when:
SB82-SSA1,113,1312 (a) The law enforcement officer has a warrant commanding that such person
13be arrested; or.
SB82-SSA1,113,1514 (b) The law enforcement officer reasonably believes , on reasonable grounds,
15that a warrant for the person's arrest has been issued in this state ; or.
SB82-SSA1,113,1716 (c) The law enforcement officer reasonably believes , on reasonable grounds,
17that a felony warrant for the person's arrest has been issued in another state; or.
SB82-SSA1,113,1918 (d) There are reasonable grounds The law enforcement officer has probable
19cause
to believe that the person is committing or has committed a crime.
SB82-SSA1,113,22 20(1m) Notwithstanding sub. (1), a law enforcement officer shall arrest a person
21when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128 (1) (b),
22or 968.075 (2) (a) 969.27 (2) (a) or (5) (e).
SB82-SSA1,113,25 23(2) A law enforcement officer making a lawful arrest may command the aid of
24any person, and such person shall have the same power as that of the law
25enforcement officer.
SB82-SSA1,114,5
1(3) If the alleged violator under No law enforcement officer may arrest a person
2alleged to have violated
s. 948.55 (2) or 948.60 (2) (c) until at least 7 days after the
3date of the shooting, if the person
is or was the parent or guardian of a child who is
4injured or dies as a result of an accidental the shooting, no law enforcement officer
5may arrest the alleged violator until at least 7 days after the date of the shooting
.
SB82-SSA1,402 6Section 402. 968.073 of the statutes is renumbered 969.165, and 969.165 (2),
7as renumbered, is amended to read:
SB82-SSA1,114,118 969.165 (2) It is the policy of this state to make an audio or audio and visual
9recording of a custodial interrogation of a person suspected of committing a felony
10unless a condition under s. 972.115 (2) 972.18 (3) (a) 1. to 6. applies or good cause is
11shown for not making an audio or audio and visual recording of the interrogation.
SB82-SSA1,403 12Section 403. 968.075 (title) of the statutes is renumbered 969.27 (title).
SB82-SSA1,404 13Section 404. 968.075 (1) of the statutes is renumbered 969.27 (1).
SB82-SSA1,405 14Section 405. 968.075 (2) (a) of the statutes is renumbered 969.27 (2) (a), and
15969.27 (2) (a) (intro.), as renumbered, is amended to read:
SB82-SSA1,114,1816 969.27 (2) (a) (intro.) Notwithstanding s. 968.07 (1) 969.16 (1) and except as
17provided in pars. (am) and (b), a law enforcement officer shall arrest and take a
18person into custody if:
SB82-SSA1,406 19Section 406. 968.075 (2) (am) of the statutes is renumbered 969.27 (2) (am)
20and amended to read:
SB82-SSA1,114,2521 969.27 (2) (am) Notwithstanding s. 968.07 (1) 969.16 (1), unless the person's
22arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (b) or
23sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is
24generally not appropriate for a law enforcement officer to arrest anyone under par.
25(a) other than the predominant aggressor.
SB82-SSA1,407
1Section 407. 968.075 (2) (ar) of the statutes is renumbered 969.27 (2) (ar).
SB82-SSA1,408 2Section 408. 968.075 (2) (b) of the statutes is renumbered 969.27 (2) (b).
SB82-SSA1,409 3Section 409. 968.075 (2m) of the statutes is renumbered 969.27 (2m) and
4amended to read:
SB82-SSA1,115,85 969.27 (2m) Immediate release prohibited. Unless s. 968.08 969.17 applies,
6a law enforcement officer may not release a person whose arrest was required under
7sub. (2) until the person posts bail remits a cash deposit under s. 969.07 969.36 or
8appears before a judge under s. 970.01 (1) subch. I of ch. 971.
SB82-SSA1,410 9Section 410. 968.075 (3) of the statutes is renumbered 969.27 (3).
SB82-SSA1,411 10Section 411. 968.075 (4) of the statutes is renumbered 969.27 (4).
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