AB383,149,16
8(2) Except as provided in sub. (3), if physical evidence that is in the possession
9of a law enforcement agency includes any biological material that was collected in
10connection with a criminal investigation that resulted in a criminal conviction,
11delinquency adjudication, or commitment under
s. 971.17 subch. III of ch. 975 or
s. 12980.06
and the biological material is from a victim of the offense that was the subject
13of the criminal investigation or may reasonably be used to incriminate or exculpate
14any person for the offense, the law enforcement agency shall preserve the physical
15evidence until every person in custody as a result of the conviction, adjudication, or
16commitment has reached his or her discharge date.
AB383,149,18
17(3) (b) 2. Submits a written request for retention of the evidence to the law
18enforcement agency
or district attorney.
AB383,498
19Section
498. 968.21 of the statutes is renumbered 968.465 (4).
AB383,499
20Section
499. 968.22 of the statutes is renumbered 968.515.
AB383,500
21Section
500. 968.23 of the statutes is renumbered 968.525.
AB383,501
22Section
501. 968.24 of the statutes is renumbered 968.555.
AB383,502
23Section
502. 968.25 of the statutes is renumbered 968.565 and amended to
24read:
AB383,150,13
1968.565 Search during temporary questioning. When a law enforcement
2officer has stopped a person for temporary questioning
pursuant to under s.
968.24 3968.555 and reasonably suspects that
he or she the law enforcement officer or
4another
individual is in danger of physical injury, the law enforcement officer may
5search
such the person for weapons or any instrument
or, article
, or substance
6readily capable of causing physical injury and of a sort not ordinarily carried in public
7places by law abiding persons. If the law enforcement officer finds such a weapon
8or instrument, or any other property possession of which the law enforcement officer
9reasonably believes may constitute the commission of a crime, or which may
10constitute a threat to
his or her the safety
of the law enforcement officer, the law
11enforcement officer may take it and keep it until the completion of the questioning,
12at which time the law enforcement officer shall either return it, if lawfully possessed,
13or arrest the person so questioned.
AB383,503
14Section
503. 968.255 (title) of the statutes is renumbered 968.585 (title).
AB383,504
15Section
504. 968.255 (1) of the statutes is renumbered 968.585 (1), and
16968.585 (1) (a) 3. and 4. and (b), as renumbered, are amended to read:
AB383,150,1917
968.585
(1) (a) 3. Taken into custody under s. 938.19 and there are reasonable
18grounds to believe the juvenile has committed an act which if committed by an adult
19would be
covered a misdemeanor under subd.
1. or 2.
or a felony.
AB383,150,2320
4. Arrested for any misdemeanor not specified in subd. 2., any other violation
21of state law punishable by forfeiture
, or any local ordinance
, if there is probable cause
22to believe the person is concealing a weapon or a thing which may constitute evidence
23of the offense for which he or she is detained.
AB383,151,3
1(b) "Strip search" means a search in which a detained person's genitals, pubic
2area, buttock
, or anus, or a detained female person's breast, is uncovered and either
3is exposed to view or is touched by a person conducting the search.
AB383,505
4Section
505. 968.255 (2) (intro.) of the statutes is renumbered 968.585 (2)
5(intro.) and amended to read:
AB383,151,76
968.585
(2) (intro.) No person may
be the subject
of another to a strip search
7unless
he or she is a detained person and if all of the following apply:
AB383,506
8Section
506. 968.255 (2) (a) of the statutes is renumbered 968.585 (2) (ar) and
9amended to read:
AB383,151,1210
968.585
(2) (ar) The person conducting the search is of the same sex as the
11person detained, unless the search is a body cavity search
conducted that is not
12prohibited under sub. (3)
;.
AB383,507
13Section
507. 968.255 (2) (b), (c), (d) and (e) of the statutes are renumbered
14968.585 (2) (b), (c), (d) and (e) and amended to read:
AB383,151,1615
968.585
(2) (b) The detained person is not exposed to the view of any person
16whose presence is not
reasonably needed for conducting the search
;.
AB383,151,1717
(c) The search is not reproduced through a visual or sound recording
;.
AB383,151,2118
(d) A person conducting the search has obtained the prior written
permission 19authorization of the chief
, or sheriff
or law enforcement administrator of the
20jurisdiction where the person is detained, or his or her designee, unless there is
21probable cause to believe that the detained person is concealing a weapon
; and.
AB383,151,2522
(e)
A The person conducting the search prepares a report identifying the
23person detained, all persons conducting the search, the time, date
, and place of the
24search
, and the written authorization required by par. (d), and provides a copy of the
25report to the person detained.
AB383,508
1Section
508. 968.255 (3) of the statutes is renumbered 968.585 (3) and
2amended to read:
AB383,152,43
968.585
(3) No person other than a physician, physician assistant
, or
4registered nurse licensed to practice in this state may conduct a body cavity search.
AB383,509
5Section
509. 968.255 (4) of the statutes is renumbered 946.77 and amended
6to read:
AB383,152,9
7946.77 Improper search of a detained person. A person who Whoever 8intentionally violates
this section may be fined not more than $1,000 or imprisoned
9not more than 90 days or both s. 968.585 is guilty of a Class B misdemeanor.
AB383,510
10Section
510. 968.255 (5) of the statutes is renumbered 968.585 (5).
AB383,511
11Section
511. 968.255 (6) of the statutes is renumbered 968.585 (6) and
12amended to read:
AB383,152,1513
968.585
(6) A law enforcement agency, as defined in s. 165.83 (1) (b), may
14promulgate rules concerning strip searches
which at least that, at a minimum, meet
15the
minimum requirements of this section.
AB383,512
16Section
512. 968.255 (7) of the statutes is renumbered 968.585 (7) and
17amended to read:
AB383,152,1918
968.585
(7) This section does not apply to a search of any person who
meets any
19of the following criteria:
AB383,152,2120
(a)
Is The person is serving a sentence, pursuant to a conviction, in a jail,
state 21prison
, or house of correction.
AB383,152,2422
(b)
Is The person is placed in or transferred to a juvenile correctional facility,
23as defined in s. 938.02 (10p), or a secured residential care center for children and
24youth, as defined in s. 938.02 (15g).
AB383,153,2
1(c)
Is The person is committed, transferred
, or admitted under
ch. 975, 2011
2stats., or ch. 51, 971 or 975.
AB383,153,33
(d)
Is The person is confined as a condition of probation under s. 973.09 (4).
AB383,513
4Section
513. 968.256 of the statutes is renumbered 968.59 and amended to
5read:
AB383,153,9
6968.59 Search of physically disabled person persons with a physical
7disability. (1) In this section,
"
physically disabled "person
with a physical
8disability" means a person who requires an assistive device for mobility, including,
9but not limited to, a wheelchair, brace, crutch
, or artificial limb.
AB383,153,15
10(2) A search of a
physically disabled person
with a physical disability shall be
11conducted in a careful manner. If a search of a
physically disabled person
with a
12physical disability requires the removal of an assistive device or involves a person
13lacking sensation in some portion of his or her body, the search shall be conducted
14with extreme care by a person who has had training in handling
physically disabled 15persons
with a physical disability.
AB383,514
16Section
514. 968.26 of the statutes is renumbered 968.105, and 968.105 (3),
17as renumbered, is amended to read:
AB383,154,818
968.105
(3) The extent to which the judge may proceed in an examination
19under sub. (1) or (2) is within the judge's discretion. The examination
may be
20adjourned and may shall be secret
unless the judge orders otherwise. Unless the
21judge orders the proceeding not to be secret, the record and the testimony taken is
22not open to public inspection. The record and testimony taken is open to inspection
23by the district attorney, and, if a criminal prosecution follows, it is subject to
24discovery under s. 971.43 (2) (br). Any witness examined under this section may
25have counsel present at the examination but the counsel shall not be allowed to
1examine his or her client, cross-examine other witnesses, or argue before the judge.
2Subject to s. 971.23, if the proceeding is secret, the record of the proceeding and the
3testimony taken shall not be open to inspection by anyone except the district attorney
4unless it is used by the prosecution at the preliminary hearing or the trial of the
5accused and then only to the extent that it is so used. A court, on the motion of a
6district attorney, may compel a person to testify or produce evidence under s.
972.08 7967.17 (1). The person is immune from prosecution as provided in s.
972.08 967.17 8(1), subject to the restrictions under s.
972.085
967.18.
AB383,515
9Section
515. 968.265 of the statutes is renumbered 968.595.
AB383,516
10Section
516. 968.27 (intro.) of the statutes is renumbered 968.305 (intro.) and
11amended to read:
AB383,154,12
12968.305 Definitions. (intro.) In
ss. 968.28 to 968.375 this subchapter:
AB383,517
13Section
517. 968.27 (1) of the statutes is renumbered 968.305 (1) and amended
14to read:
AB383,154,1715
968.305
(1) "Aggrieved person" means a person who was a party to any
16intercepted wire, electronic
, or oral communication or a person against whom the
17interception was directed.
AB383,518
18Section
518. 968.27 (2) of the statutes is renumbered 968.305 (2).
AB383,519
19Section
519. 968.27 (3) of the statutes is renumbered 968.305 (3) and amended
20to read:
AB383,154,2321
968.305
(3) "Contents" when used with respect to any wire, electronic
, or oral
22communication, includes any information concerning the substance, purport
, or
23meaning of that communication.
AB383,520
24Section
520. 968.27 (4) of the statutes is renumbered 968.305 (4), and 968.305
25(4) (intro.), as renumbered, is amended to read:
AB383,155,5
1968.305
(4) (intro.) "Electronic communication" means any transfer of signs,
2signals, writing, images, sounds, data
, or intelligence of any nature wholly or
3partially transmitted by a wire, radio, electromagnetic, photoelectronic
, or
4photooptical system. "Electronic communication" does not include any of the
5following:
AB383,521
6Section
521. 968.27 (5) of the statutes is renumbered 968.305 (5).
AB383,522
7Section
522. 968.27 (6) of the statutes is renumbered 968.305 (6) and amended
8to read:
AB383,155,129
968.305
(6) "Electronic communications system" means any wire, radio,
10electromagnetic, photooptical
, or photoelectronic facilities for the transmission of
11electronic communications, and any computer facilities or related electronic
12equipment for the electronic storage of those communications.
AB383,523
13Section
523. 968.27 (7) of the statutes is renumbered 968.305 (7), and 968.305
14(7) (intro.) and (a) (intro.) and 1., as renumbered, are amended to read:
AB383,155,1715
968.305
(7) (intro.) "Electronic, mechanical
, or other device" means any device
16or apparatus which can be used to intercept a wire, electronic
, or oral communication
17other than
one of the following:
AB383,155,2018
(a) (intro.) Any telephone or telegraph instrument, equipment, or facilities, or
19any component
thereof, which is of a telephone or telegraph instrument, equipment,
20or facilities, that is any of the following:
AB383,155,2521
1. Furnished to the subscriber or user by a provider of electronic or wire
22communication service in the ordinary course of its business and being used by the
23subscriber or user in the ordinary course of its business or furnished by the
24subscriber or user for connection to the facilities of the service and used in the
25ordinary course of its business
; or.
AB383,524
1Section
524. 968.27 (8) of the statutes is renumbered 968.305 (8).
AB383,525
2Section
525. 968.27 (9) of the statutes is renumbered 968.305 (9) and amended
3to read:
AB383,156,64
968.305
(9) "Intercept" means the aural or other acquisition of the contents of
5any wire, electronic
, or oral communication through the use of any electronic,
6mechanical
, or other device.
AB383,526
7Section
526. 968.27 (10) of the statutes is renumbered 968.305 (10) and
8amended to read:
AB383,156,139
968.305
(10) "Investigative or law enforcement officer" means any officer of
10this state or political subdivision thereof, who is empowered by the laws of this state
11to conduct investigations of or to make arrests for offenses enumerated in ss.
968.28 12968.315 to
968.37 968.405, and any attorney authorized by law to prosecute or
13participate in the prosecution of those offenses.
AB383,527
14Section
527. 968.27 (11) of the statutes is renumbered 968.305 (11) and
15amended to read:
AB383,156,1716
968.305
(11) "Judge" means the judge sitting at the time an application is made
17under s.
968.30 968.335 or his or her successor.
AB383,528
18Section
528. 968.27 (12) and (13) of the statutes are renumbered 968.305 (12)
19and (13).
AB383,529
20Section
529. 968.27 (14) of the statutes is renumbered 968.305 (14).
AB383,530
21Section
530. 968.27 (14g) of the statutes is renumbered 968.305 (14g).
AB383,531
22Section
531. 968.27 (15) of the statutes is renumbered 968.305 (15).
AB383,532
23Section
532. 968.27 (16) (intro.), (a) and (b) of the statutes are consolidated,
24renumbered 968.305 (16) and amended to read:
AB383,157,3
1968.305
(16) "User" means any person
who or entity that
: (a) Uses uses an
2electronic communication service
; and
(b) Is duly is authorized by the provider of the
3service to engage in that use.
AB383,533
4Section
533. 968.27 (17) of the statutes is renumbered 968.305 (17).
AB383,534
5Section
534. 968.28 of the statutes is renumbered 968.315 and amended to
6read:
AB383,157,23
7968.315 Application for court order to intercept communications. The
8attorney general together with the district attorney of any county may approve a
9request of an investigative or law enforcement officer to apply to the chief judge of
10the judicial administrative district for the county where the interception is to take
11place for an order authorizing or approving the interception of wire, electronic
, or
12oral communications. The chief judge may under s.
968.30 968.335 grant an order
13authorizing or approving the interception of wire, electronic
, or oral communications
14by investigative or law enforcement officers having responsibility for the
15investigation of the offense for which the application is made. The authorization
16shall be permitted only if the interception may provide or has provided evidence of
17the commission of the offense of homicide, felony murder, kidnapping, commercial
18gambling, bribery, extortion, dealing in controlled substances or controlled
19substance analogs, a computer crime that is a felony under s. 943.70, sexual
20exploitation of a child under s. 948.05, trafficking of a child under s. 948.051, child
21enticement under s. 948.07, use of a computer to facilitate a child sex crime under
22s. 948.075, or soliciting a child for prostitution under s. 948.08, or any conspiracy to
23commit any of the foregoing offenses.
AB383,535
24Section
535. 968.29 of the statutes is renumbered 968.325 and amended to
25read:
AB383,158,8
1968.325 Authorization for disclosure and use of intercepted wire,
2electronic, or oral communications. (1) Any investigative or law enforcement
3officer who, by any means authorized by ss.
968.28
968.315 to
968.37 968.405 or
18
4USC 2510 to
2520, has obtained knowledge of the contents of any wire, electronic
, 5or oral communication, or evidence derived therefrom, may disclose the contents to
6another investigative or law enforcement officer only to the extent that the disclosure
7is appropriate to the proper performance of the official duties of the officer making
8or receiving the disclosure.
AB383,158,13
9(2) Any investigative or law enforcement officer who, by any means authorized
10by ss.
968.28 968.315 to
968.37 968.405 or
18 USC 2510 to
2520, has obtained
11knowledge of the contents of any wire, electronic
, or oral communication or evidence
12derived therefrom may use the contents only to the extent the use is appropriate to
13the proper performance of the officer's official duties.
AB383,158,21
14(3) (a) Any person who has received, by any means authorized by ss.
968.28 15968.315 to
968.37 968.405 or
18 USC 2510 to
2520 or by a like statute of any other
16state, any information concerning a wire, electronic
, or oral communication or
17evidence derived therefrom intercepted in accordance with ss.
968.28 968.315 to
18968.37 968.405, may disclose the contents of that communication or that derivative
19evidence only while giving testimony under oath or affirmation in any proceeding in
20any court or before any magistrate or grand jury in this state, or in any court of the
21United States or of any state, or in any federal or state grand jury proceeding.
AB383,159,422
(b) In addition to the disclosure provisions of par. (a), any person who has
23received, in the manner described under s.
968.31
968.345 (2) (b), any information
24concerning a wire, electronic
, or oral communication or evidence derived therefrom,
25may disclose the contents of that communication or that derivative evidence while
1giving testimony under oath or affirmation in any proceeding described in par. (a) in
2which a person is accused of any act constituting a felony, and only if the party who
3consented to the interception is available to testify at the proceeding or if another
4witness is available to authenticate the recording.
AB383,159,7
5(4) No otherwise privileged wire, electronic
, or oral communication intercepted
6in accordance with, or in violation of, ss.
968.28
968.315 to
968.37 968.405 or
18 USC
72510 to
2520, may lose its privileged character.
AB383,159,17
8(5) When an investigative or law enforcement officer, while engaged in
9intercepting wire, electronic
, or oral communications in the manner authorized,
10intercepts wire, electronic
, or oral communications relating to offenses other than
11those specified in the order of authorization or approval, the contents thereof, and
12evidence derived therefrom, may be disclosed or used as provided in subs. (1) and (2).
13The contents and any evidence derived therefrom may be used under sub. (3) when
14authorized or approved by the judge who acted on the original application where the
15judge finds on subsequent application, made as soon as practicable but no later than
1648 hours, that the contents were otherwise intercepted in accordance with ss.
968.28 17968.315 to
968.37 968.405 or
18 USC 2510 to
2520 or by a like statute.
AB383,536
18Section
536. 968.30 of the statutes is renumbered 968.335, and 968.335 (title),
19(1) (intro.), (b) (intro.), 1., 2. and 3. and (e), (3) (intro.), (a) and (d), (4) (intro.), (a), (b),
20(c) and (d), (5), (6), (7) (a) and (b), (8), (9) and (10), as renumbered, are amended to
21read:
AB383,160,2
22968.335 (title)
Procedure for interception of wire, electronic, or oral
23communications. (1) (intro.) Each application for an order authorizing or
24approving the interception of a wire, electronic
, or oral communication shall be made
25in writing upon oath or affirmation to the court and shall state the applicant's
1authority to make the application and may be upon personal knowledge or
2information and belief. Each application shall include the following information:
AB383,160,53
(b) (intro.) A full and complete statement of the facts and circumstances relied
4upon by the applicant, to justify the applicant's belief that an order should be issued,
5including
all of the following:
AB383,160,76
1. Details of the particular offense that has been, is being, or is about to be
7committed
;.
AB383,160,98
2. A particular description of the nature and location of the facilities from which
9or the place where the communication is to be intercepted
;
.
AB383,160,1110
3. A particular description of the type of communications sought to be
11intercepted
; and.
AB383,160,1712
(e) A full and complete statement of the facts concerning all previous
13applications known to the individual authorizing and making the application, made
14to any court for authorization to intercept, or for approval of interceptions of, wire,
15electronic
, or oral communications involving any of the same persons, facilities
, or
16places specified in the application, and the action taken by the court on each such
17application
; and.
AB383,160,21
18(3) (intro.) Upon the application the court may enter an ex parte order, as
19requested or as modified, authorizing or approving interception of wire, electronic
, 20or oral communications, if the court determines on the basis of the facts submitted
21by the applicant that all of the following exist:
AB383,160,2422
(a) There is probable cause for belief that an individual is committing, has
23committed, or is about to commit a particular offense enumerated in s.
968.28 24968.315.