LRB-1370/1
PJH:sac:jf
2013 - 2014 LEGISLATURE
March 7, 2013 - Introduced by Representatives Endsley, Jacque, Knodl, Stone,
Born, Stroebel, LeMahieu, A. Ott, Brooks, Tittl, Marklein and Spiros,
cosponsored by Senators Leibham and Petrowski. Referred to Committee on
Criminal Justice.
AB59,1,4 1An Act to create 302.043 (4), 302.045 (3m) (e), 302.05 (3) (c) 4., 302.11 (6m),
2302.113 (7r), 302.114 (8g), 304.02 (2m), 304.06 (1r) and 973.09 (1d) of the
3statutes; relating to: searches by a law enforcement officer of a person on
4probation, parole, or extended supervision.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, if a person is convicted of a crime
a court may withhold sentencing of the person or may impose a sentence but stay its
execution and, in either case, place the person on probation. The court may impose
conditions of probation. If a person violates a condition of probation, the person's
probation may be revoked.
Under current law, a person who is released from confinement in a prison to
parole or to extended supervision is subject to conditions set by the parole
commission or by the Department of Corrections (DOC). If a person violates one of
these conditions, his or her parole or extended supervision may be revoked and the
person may be returned to prison.
This bill specifies that a person who is placed on probation or a person who is
released from incarceration to parole or extended supervision is subject to having his
or her person, residence, and any property under his or her control searched by a law
enforcement officer at any time if the officer reasonably suspects that the person is
committing, is about to commit, or has committed a crime or a violation of a condition
of probation or release. Under the bill, a law enforcement officer may not conduct

the search in an arbitrary, capricious, or harassing manner and must notify DOC as
soon as practical after he or she conducts the search.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB59,1 1Section 1. 302.043 (4) of the statutes is created to read:
AB59,2,102 302.043 (4) A person released under this section, his or her residence, and any
3property under his or her control may be searched by a law enforcement officer at any
4time during his or her period of supervision if the officer reasonably suspects that the
5person is committing, is about to commit, or has committed a crime or a violation of
6a condition of release to extended supervision. Any search conducted pursuant to
7this subsection shall be conducted in a reasonable manner and may not be arbitrary,
8capricious, or harassing. A law enforcement officer who conducts a search pursuant
9to this subsection shall, as soon as practicable after the search, notify the
10department.
AB59,2 11Section 2. 302.045 (3m) (e) of the statutes is created to read:
AB59,2,2012 302.045 (3m) (e) A person released under this subsection, his or her residence,
13and any property under his or her control may be searched by a law enforcement
14officer at any time during his or her period of supervision if the officer reasonably
15suspects that the person is committing, is about to commit, or has committed a crime
16or a violation of a condition of release to extended supervision. Any search conducted
17pursuant to this paragraph shall be conducted in a reasonable manner and may not
18be arbitrary, capricious, or harassing. A law enforcement officer who conducts a
19search pursuant to this paragraph shall, as soon as practicable after the search,
20notify the department.
AB59,3
1Section 3. 302.05 (3) (c) 4. of the statutes is created to read:
AB59,3,102 302.05 (3) (c) 4. A person released under this paragraph, his or her residence,
3and any property under his or her control may be searched by a law enforcement
4officer at any time during his or her period of supervision if the officer reasonably
5suspects that the person is committing, is about to commit, or has committed a crime
6or a violation of a condition of release to extended supervision. Any search conducted
7pursuant to this subdivision shall be conducted in a reasonable manner and may not
8be arbitrary, capricious, or harassing. A law enforcement officer who conducts a
9search pursuant to this subdivision shall, as soon as practicable after the search,
10notify the department.
AB59,4 11Section 4. 302.11 (6m) of the statutes is created to read:
AB59,3,1912 302.11 (6m) A person released under this section, his or her residence, and any
13property under his or her control may be searched by a law enforcement officer at any
14time during his or her period of supervision if the officer reasonably suspects that the
15person is committing, is about to commit, or has committed a crime or a violation of
16a condition of parole. Any search conducted pursuant to this subsection shall be
17conducted in a reasonable manner and may not be arbitrary, capricious, or
18harassing. A law enforcement officer who conducts a search pursuant to this
19subsection shall, as soon as practicable after the search, notify the department.
AB59,5 20Section 5. 302.113 (7r) of the statutes is created to read:
AB59,4,421 302.113 (7r) A person released under this section, his or her residence, and any
22property under his or her control may be searched by a law enforcement officer at any
23time during his or her period of supervision if the officer reasonably suspects that the
24person is committing, is about to commit, or has committed a crime or a violation of
25a condition of release to extended supervision. Any search conducted pursuant to

1this subsection shall be conducted in a reasonable manner and may not be arbitrary,
2capricious, or harassing. A law enforcement officer who conducts a search pursuant
3to this subsection shall, as soon as practicable after the search, notify the
4department.
AB59,6 5Section 6. 302.114 (8g) of the statutes is created to read:
AB59,4,146 302.114 (8g) A person released under this section, his or her residence, and any
7property under his or her control may be searched by a law enforcement officer at any
8time during his or her period of supervision if the officer reasonably suspects that the
9person is committing, is about to commit, or has committed a crime or a violation of
10a condition of release to extended supervision. Any search conducted pursuant to
11this subsection shall be conducted in a reasonable manner and may not be arbitrary,
12capricious, or harassing. A law enforcement officer who conducts a search pursuant
13to this subsection shall, as soon as practicable after the search, notify the
14department.
AB59,7 15Section 7. 304.02 (2m) of the statutes is created to read:
AB59,4,2316 304.02 (2m) A person released under this section, his or her residence, and any
17property under his or her control may be searched by a law enforcement officer at any
18time during his or her period of supervision if the officer reasonably suspects that the
19person is committing, is about to commit, or has committed a crime or a violation of
20a condition of parole. Any search conducted pursuant to this subsection shall be
21conducted in a reasonable manner and may not be arbitrary, capricious, or
22harassing. A law enforcement officer who conducts a search pursuant to this
23subsection shall, as soon as practicable after the search, notify the department.
AB59,8 24Section 8. 304.06 (1r) of the statutes is created to read:
AB59,5,8
1304.06 (1r) A person released under this section, his or her residence, and any
2property under his or her control may be searched by a law enforcement officer at any
3time during his or her period of supervision if the officer reasonably suspects that the
4person is committing, is about to commit, or has committed a crime or a violation of
5a condition of parole. Any search conducted pursuant to this subsection shall be
6conducted in a reasonable manner and may not be arbitrary, capricious, or
7harassing. A law enforcement officer who conducts a search pursuant to this
8subsection shall, as soon as practicable after the search, notify the department.
AB59,9 9Section 9. 973.09 (1d) of the statutes is created to read:
AB59,5,1810 973.09 (1d) A person who is placed on probation, his or her residence, and any
11property under his or her control may be searched by a law enforcement officer at any
12time during his or her period of supervision if the officer reasonably suspects that the
13person is committing, is about to commit, or has committed a crime or a violation of
14a condition of probation. Any search conducted pursuant to this subsection shall be
15conducted in a reasonable manner and may not be arbitrary, capricious, or
16harassing. A law enforcement officer who conducts a search pursuant to this
17subsection shall, as soon as practicable after the search, notify the department of
18corrections.
AB59,10 19Section 10. Initial applicability.
AB59,5,2120 (1) This act first applies to a person who is placed on probation, released on
21parole, or released to extended supervision on the effective date of this subsection.
AB59,5,2222 (End)
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