AB383: Bill Text

AB383,419 Section 419. 968.04 (3) (title) of the statutes is repealed.

AB383,420 Section 420. 968.04 (3) (a) (intro.) of the statutes is renumbered 969.21 (1) (intro.) and amended to read:

AB383,127,23 969.21 (1) Warrant Mandatory provisions. (intro.) The An arrest warrant shall meet all of the following requirements:

AB383,421 Section 421. 968.04 (3) (a) 1. to 6. of the statutes are renumbered 969.21 (1) (a) to (f) and amended to read:

AB383,128,1 969.21 (1) (a) Be The warrant shall be in writing and signed by the judge.

AB383,128,4 (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.

AB383,128,5 (c) Have The warrant shall have attached to it a copy of the complaint.

AB383,128,8 (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.

AB383,128,10 (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.

AB383,128,14 (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.

AB383,422 Section 422. 968.04 (3) (a) 7. of the statutes is renumbered 969.26 (1) and amended to read:

AB383,128,18 969.26 (1) Arrest warrant. The An arrest warrant shall be in substantially the following form:

AB383,128,19 STATE OF WISCONSIN,

AB383,128,20 .... County

AB383,128,21 State of Wisconsin

AB383,128,22 vs.

AB383,128,23 .... (Defendant(s))

AB383,128,24 THE STATE OF WISCONSIN TO ANY LAW ENFORCEMENT OFFICER:

AB383,129,5 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.

AB383,129,7 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.

AB383,129,8 Dated ...., .... (year)

AB383,129,9 ....(Signature)

AB383,129,10 ....(Title)

AB383,423 Section 423. 968.04 (3) (a) 8. of the statutes is repealed.

AB383,424 Section 424. 968.04 (3) (b) (title) of the statutes is renumbered 969.22 (title).

AB383,425 Section 425. 968.04 (3) (b) 1. of the statutes is renumbered 969.22 (1) and amended to read:

AB383,129,19 969.22 (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 summons shall be beneath the complaint. If separate forms are used, a copy of the complaint shall be attached to the summons.

AB383,426 Section 426. 968.04 (3) (b) 2. of the statutes is renumbered 969.22 (2) and amended to read:

AB383,130,2 969.22 (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.

AB383,427 Section 427. 968.04 (3) (b) 3. (intro.) of the statutes is renumbered 969.26 (2) (intro.) and amended to read:

AB383,130,6 969.26 (2) Summons. (intro.) The A summons shall be in substantially the following form:

AB383,428 Section 428. 968.04 (3) (b) 3. a. of the statutes is repealed.

AB383,429 Section 429. 968.04 (3) (b) 3. b. (intro.) of the statutes is repealed.

AB383,430 Section 430. 968.04 (3) (b) 3. b. (form) of the statutes is renumbered 969.26 (2) (form) and amended to read:

AB383,130,11 969.26 (2) (form)

AB383,130,12 STATE OF WISCONSIN,

AB383,130,13 .... County

AB383,130,14 State of Wisconsin

AB383,130,15 vs.

AB383,130,16 .... (Defendant)

AB383,130,17 THE STATE OF WISCONSIN TO SAID DEFENDANT:

AB383,130,19 A complaint, copy of which is attached, having been made before me accusing the defendant of committing the crime of .... contrary to sec. ...., Stats.

AB383,130,24 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.

AB383,131,3 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.

AB383,131,4 Dated ...., .... (year)

AB383,131,5 .... (Signature)

AB383,131,6 .... District Attorney (Title)

AB383,431 Section 431. 968.04 (3) (b) 4. of the statutes is repealed.

AB383,432 Section 432. 968.04 (4) of the statutes is renumbered 969.21 (2), and 969.21 (2) (a) to (d), as renumbered, are amended to read:

AB383,131,12 969.21 (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.

AB383,131,15 (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.

AB383,131,20 (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.

AB383,131,23 (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.

AB383,433 Section 433. 968.05 of the statutes is renumbered 969.23, and 969.23 (1) and (2), as renumbered, are amended to read:

AB383,132,6 969.23 (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.

AB383,132,11 (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.

AB383,434 Section 434. 968.06 of the statutes is repealed.

AB383,435 Section 435. 968.07 of the statutes is renumbered 969.16, and 969.16 (1) to (3), as renumbered, are amended to read:

AB383,132,16 969.16 (1) A Except as provided in sub. (3), a law enforcement officer may arrest a person when:

AB383,132,18 (a) The law enforcement officer has a warrant commanding that such person be arrested; or.

AB383,132,20 (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.

AB383,132,22 (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.

AB383,132,24 (d) There are reasonable grounds The law enforcement officer has probable cause to believe that the person is committing or has committed a crime.

AB383,133,3 (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).

AB383,133,6 (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.

AB383,133,11 (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.

AB383,436 Section 436. 968.073 of the statutes is renumbered 969.165, and 969.165 (2), as renumbered, is amended to read:

AB383,133,17 969.165 (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.

AB383,437 Section 437. 968.075 (title) of the statutes is renumbered 969.27 (title).

AB383,438 Section 438. 968.075 (1) of the statutes is renumbered 969.27 (1).

AB383,439 Section 439. 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:

AB383,133,24 969.27 (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:

AB383,440 Section 440. 968.075 (2) (am) of the statutes is renumbered 969.27 (2) (am) and amended to read:

AB383,134,7 969.27 (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.

AB383,441 Section 441. 968.075 (2) (ar) of the statutes is renumbered 969.27 (2) (ar).

AB383,442 Section 442. 968.075 (2) (b) of the statutes is renumbered 969.27 (2) (b).

AB383,443 Section 443. 968.075 (2m) of the statutes is renumbered 969.27 (2m) and amended to read:

AB383,134,15 969.27 (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.

AB383,444 Section 444. 968.075 (3) of the statutes is renumbered 969.27 (3).

AB383,445 Section 445. 968.075 (4) of the statutes is renumbered 969.27 (4).

AB383,446 Section 446. 968.075 (5) of the statutes is renumbered 969.27 (5), and 969.27 (5) (e), as renumbered, is amended to read:

AB383,134,22 969.27 (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).

AB383,447 Section 447. 968.075 (6) to (9) of the statutes are renumbered 969.27 (6) to (9).

AB383,448 Section 448. 968.08 of the statutes is renumbered 969.17 and amended to read:

AB383,135,6 969.17 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.

AB383,449 Section 449. 968.085 (title) of the statutes is renumbered 969.24 (title) and amended to read:

AB383,135,10 969.24 (title) Citation; nature; issuance; release of accused for misdemeanor.

AB383,450 Section 450. 968.085 (1) of the statutes is renumbered 969.24 (1) and amended to read:

AB383,135,17 969.24 (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. The citation 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).