Amendment SSA1-SB82

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 of the statutes is repealed.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 a. of the statutes is repealed.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 of the statutes is repealed.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.

SB82-SSA1,113,19 (d) There are reasonable grounds The law enforcement officer has probable cause to believe that the person is committing or has committed a crime.

SB82-SSA1,113,22 (1m) Notwithstanding sub. (1), a law enforcement officer shall arrest a person when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128 (1) (b), or 968.075 (2) (a) 969.27 (2) (a) or (5) (e).

SB82-SSA1,113,25 (2) A law enforcement officer making a lawful arrest may command the aid of any person, and such person shall have the same power as that of the law enforcement officer.

SB82-SSA1,114,5 (3) If the alleged violator under No law enforcement officer may arrest a person alleged to have violated s. 948.55 (2) or 948.60 (2) (c) until at least 7 days after the date of the shooting, if the person is or was the parent or guardian of a child who is injured or dies as a result of an accidental the shooting, no law enforcement officer may arrest the alleged violator until at least 7 days after the date of the shooting.

SB82-SSA1,402 Section 402. 968.073 of the statutes is renumbered 969.165, and 969.165 (2), as renumbered, is amended to read:

SB82-SSA1,114,11 969.165 (2) It is the policy of this state to make an audio or audio and visual recording of a custodial interrogation of a person suspected of committing a felony unless a condition under s. 972.115 (2) 972.18 (3) (a) 1. to 6. applies or good cause is shown for not making an audio or audio and visual recording of the interrogation.

SB82-SSA1,403 Section 403. 968.075 (title) of the statutes is renumbered 969.27 (title).

SB82-SSA1,404 Section 404. 968.075 (1) of the statutes is renumbered 969.27 (1).

SB82-SSA1,405 Section 405. 968.075 (2) (a) of the statutes is renumbered 969.27 (2) (a), and 969.27 (2) (a) (intro.), as renumbered, is amended to read:

SB82-SSA1,114,18 969.27 (2) (a) (intro.) Notwithstanding s. 968.07 (1) 969.16 (1) and except as provided in pars. (am) and (b), a law enforcement officer shall arrest and take a person into custody if:

SB82-SSA1,406 Section 406. 968.075 (2) (am) of the statutes is renumbered 969.27 (2) (am) and amended to read:

SB82-SSA1,114,25 969.27 (2) (am) Notwithstanding s. 968.07 (1) 969.16 (1), unless the person's arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (b) or sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is generally not appropriate for a law enforcement officer to arrest anyone under par. (a) other than the predominant aggressor.

SB82-SSA1,407 Section 407. 968.075 (2) (ar) of the statutes is renumbered 969.27 (2) (ar).

SB82-SSA1,408 Section 408. 968.075 (2) (b) of the statutes is renumbered 969.27 (2) (b).

SB82-SSA1,409 Section 409. 968.075 (2m) of the statutes is renumbered 969.27 (2m) and amended to read:

SB82-SSA1,115,8 969.27 (2m) Immediate release prohibited. Unless s. 968.08 969.17 applies, a law enforcement officer may not release a person whose arrest was required under sub. (2) until the person posts bail remits a cash deposit under s. 969.07 969.36 or appears before a judge under s. 970.01 (1) subch. I of ch. 971.

SB82-SSA1,410 Section 410. 968.075 (3) of the statutes is renumbered 969.27 (3).

SB82-SSA1,411 Section 411. 968.075 (4) of the statutes is renumbered 969.27 (4).

SB82-SSA1,412 Section 412. 968.075 (5) of the statutes is renumbered 969.27 (5), and 969.27 (5) (e), as renumbered, is amended to read:

SB82-SSA1,115,15 969.27 (5) (e) Notwithstanding s. 968.07 (1) 969.16 (1), a law enforcement officer shall arrest and take a person into custody if the officer has reasonable grounds to believe that the person has violated par. (a).

SB82-SSA1,413 Section 413. 968.075 (6) to (9) of the statutes are renumbered 969.27 (6) to (9).

SB82-SSA1,414 Section 414. 968.08 of the statutes is renumbered 969.17 and amended to read:

SB82-SSA1,115,24 969.17 Release by law enforcement officer of arrested person. A Except as provided in s. 969.27 (5) (b) 1., a law enforcement officer having custody of a person arrested without a warrant may release the person arrested with or without requiring the person to appear before a judge if the law enforcement officer is satisfied that there are insufficient grounds for the issuance of a criminal complaint against the person arrested or the district attorney.

SB82-SSA1,415 Section 415. 968.085 (title) of the statutes is renumbered 969.24 (title) and amended to read:

SB82-SSA1,116,4 969.24 (title) Citation; nature; issuance; release of accused for misdemeanor.

SB82-SSA1,416 Section 416. 968.085 (1) of the statutes is renumbered 969.24 (1) and amended to read:

SB82-SSA1,116,11 969.24 (1) Nature. A citation under this section is a directive, issued by a law enforcement officer, that a person appear in court and answer criminal charges. A citation is not or the district attorney's office. A sworn citation in compliance with sub. (3) (b) may be used as a criminal complaint and may not be used as a substitute for a criminal complaint if endorsed by the district attorney as provided in sub. (5).

SB82-SSA1,417 Section 417. 968.085 (2) (intro.) of the statutes is renumbered 969.24 (2) and amended to read:

SB82-SSA1,116,20 969.24 (2) Authority to issue; effect. Except as provided in sub. (8), a A law enforcement officer may issue a citation to any person whom he or she has reasonable grounds probable cause to believe has committed a misdemeanor. A citation may be issued in the field or at the headquarters or precinct station of the officer instead of or subsequent to at any time after a lawful arrest. If a citation is issued, the person cited shall be released on his or her own recognizance. In determining whether to issue a citation, the law enforcement officer may consider whether:

SB82-SSA1,418 Section 418. 968.085 (2) (a) to (f) of the statutes are repealed.

SB82-SSA1,419 Section 419. 968.085 (3) (intro.) of the statutes is renumbered 969.24 (3) (intro.).

SB82-SSA1,420 Section 420. 968.085 (3) (a) of the statutes is renumbered 969.24 (3) (a) and amended to read:

SB82-SSA1,117,5 969.24 (3) (a) Identify the offense and section which State essential facts constituting the crime the person is alleged to have allegedly committed and the statutory section that the person allegedly violated, including the date, and if material, identify the property and other persons involved of the offense and the maximum penalty for the offense.

SB82-SSA1,421 Section 421. 968.085 (3) (b) of the statutes is renumbered 969.24 (3) (b) and amended to read:

SB82-SSA1,117,9 969.24 (3) (b) Contain State the name of the person cited and the address of the person cited, or other identification if that the address cannot be ascertained.

SB82-SSA1,422 Section 422. 968.085 (3) (c) of the statutes is renumbered 969.24 (3) (c).

SB82-SSA1,423 Section 423. 968.085 (3) (d) of the statutes is renumbered 969.24 (3) (d) and amended to read:

SB82-SSA1,117,15 969.24 (3) (d) Direct the person cited to appear for his or her initial appearance in a designated court, at a designated at a specified location and at a specified time and date.

SB82-SSA1,424 Section 424. 968.085 (4) of the statutes is renumbered 969.24 (4) and amended to read:

SB82-SSA1,117,20 969.24 (4) Service. A The officer issuing the citation shall give a copy of the citation shall be delivered to the person cited, and file the original must be filed with the district attorney.

SB82-SSA1,425 Section 425. 968.085 (5) of the statutes is renumbered 969.24 (5) and amended to read:

SB82-SSA1,118,4 969.24 (5) Review by district attorney. The district attorney shall review the citation. The district attorney may issue a complaint by endorsing a sworn citation with his or her signature or issue a separate complaint charging the cited person. If the district attorney reviews the case before the return date and declines to prosecute, he or she shall notify the law enforcement agency which that issued the citation. The law enforcement agency shall attempt to notify the person cited that he or she will not be charged and is not required to appear as directed in the citation.