AB90,401
6Section
401. 968.025 (4) (e) of the statutes is created to read:
AB90,123,117
968.025
(4) (e) The court shall select the inquest jury by lot once a panel of at
8least 12 potential jurors has been qualified. If the inquest is likely to be protracted,
9the judge may select also one or more alternate jurors by lot. If more than 6 jurors
10remain after all of the evidence is presented, the court shall determine by lot which
11jurors will not participate in deliberations and discharge them.
AB90,402
12Section
402. 968.03 (title) and (3) of the statutes are repealed.
AB90,403
13Section
403. 968.03 (1) of the statutes is repealed.
AB90,404
14Section
404. 968.03 (2) of the statutes is renumbered 969.20 (8) and amended
15to read:
AB90,123,2116
969.20
(8) Withdrawal of warrant or summons and complaint. An unserved
17warrant or summons
and complaint in a case in which an initial appearance has not
18been held shall, at the request of the district attorney, be returned to the
judge who
19may dismiss the action. Such court, and the court shall dismiss the action. The 20request shall be in writing
, it and shall state the reasons
therefor in writing and shall
21be filed with the clerk for which it is made.
AB90,405
22Section
405. 968.035 (title) of the statutes is created to read:
AB90,123,23
23968.035 (title)
Witnesses.
AB90,406
24Section
406. 968.04 (title) of the statutes is renumbered 969.20 (title) and
25amended to read:
AB90,124,2
1969.20 (title)
Warrant
Issuance of arrest warrant or summons on
2complaint.
AB90,407
3Section
407. 968.04 (1) (intro.) of the statutes is renumbered 969.20 (1) and
4amended to read:
AB90,124,175
969.20
(1) Warrants
In general. If
it appears from the complaint, or from an
6affidavit or affidavits filed with the complaint or after an examination under oath of
7the complainant or witnesses, when the a judge determines that
this is necessary,
8that there is probable cause to believe that an offense has been committed and that
9the accused has committed it, the judge shall issue a warrant for the arrest of the
10defendant accused or a summons in lieu thereof.
The probable cause determination
11may be based on a criminal complaint, an affidavit filed with the criminal complaint,
12or if the judge determines it is necessary, after an examination under oath of the
13complainant or witness. The warrant or summons shall be delivered
forthwith to a
14law enforcement officer for service.
If the judge does not find probable cause to
15believe that an offense has been committed or that the accused has committed it, the
16judge shall record that finding on the complaint, file the complaint with the clerk,
17and dismiss the action without prejudice.
AB90,408
18Section
408. 968.04 (1) (a) of the statutes is repealed.
AB90,409
19Section
409. 968.04 (1) (b) of the statutes is renumbered 969.20 (4) and
20amended to read:
AB90,125,221
969.20
(4) Issuance by judge from another county. A
warrant or summons
22may be issued by a judge in another county
may issue a warrant or summons when
23there is no available judge of the county in which the complaint is issued. The
24warrant
or summons shall be returnable
before a judge to a court in the county in
25which the
offense alleged in the complaint was
committed, and the summons shall
1be returnable before the circuit court of the county in which the offense alleged in the
2complaint was committed issued.
AB90,410
3Section
410. 968.04 (1) (c) of the statutes is renumbered 969.20 (5) and
4amended to read:
AB90,125,65
969.20
(5) Geographical limits. A judge
issuing an arrest warrant may specify
6geographical limits for
its enforcement
of a warrant.
AB90,411
7Section
411. 968.04 (1) (d) of the statutes is renumbered 969.20 (3) and
8amended to read:
AB90,125,209
969.20
(3) Examination of complainant or witness. An A judge shall place
10each complainant or witness under oath and arrange for all sworn testimony to be
11recorded, either by a stenographic reporter or by means of a voice recording device.
12A judge may permit an examination of the complainant or witness under sub. (1)
may 13or (2) to take place by telephone on request of the person seeking the warrant or
14summons unless good cause to the contrary appears.
The judge shall place each
15complainant or witness under oath and arrange for all sworn testimony to be
16recorded, either by a stenographic reporter or by means of a voice recording device. 17The judge
shall may have the record transcribed.
The If the record is transcribed,
18the transcript, certified as accurate by the judge or reporter, as appropriate, shall be
19filed with the court. If the testimony was recorded by means of a voice recording
20device, the judge shall also file the original recording with the court.
AB90,412
21Section
412. 968.04 (2) (title) of the statutes is repealed.
AB90,413
22Section
413. 968.04 (2) (a) of the statutes is renumbered 969.20 (7) (a) and
23amended to read:
AB90,126,224
969.20
(7) (a)
In After issuing a complaint in any case
, the district attorney
,
25after the issuance of a complaint, may issue a summons in lieu of requesting the
1issuance of a warrant. The
complaint district attorney shall then
be filed file the
2complaint with the clerk.
AB90,414
3Section
414. 968.04 (2) (b) of the statutes is renumbered 969.20 (7) (b).
AB90,415
4Section
415. 968.04 (2) (c) of the statutes is repealed.
AB90,416
5Section
416. 968.04 (3) (title) of the statutes is repealed.
AB90,417
6Section
417. 968.04 (3) (a) (intro.) of the statutes is renumbered 969.21 (1)
7(intro.) and amended to read:
AB90,126,98
969.21
(1) Warrant Mandatory provisions. (intro.)
The An arrest warrant
9shall
meet all of the following requirements:
AB90,418
10Section
418. 968.04 (3) (a) 1. to 6. of the statutes are renumbered 969.21 (1)
11(a) to (f) and amended to read:
AB90,126,1212
969.21
(1) (a)
Be The warrant shall be in writing and signed by the judge.
AB90,126,1513
(b)
State The warrant shall state the name of the crime
the defendant allegedly
14committed and the
number of the statutory section
charged and number of the
15section alleged to have been that the defendant allegedly violated.
AB90,126,1616
(c)
Have The warrant shall have attached to it a copy of the complaint.
AB90,126,1917
(d)
State The warrant shall state the name of the person to be arrested, if
18known, or if not known, designate the person to be arrested by any description by
19which the person to be arrested can be identified with reasonable certainty.
AB90,126,2120
(e)
State The warrant shall state the date when it was issued
and, the name
21of the judge who issued it
together with, and the title of the judge's office.
AB90,126,2522
(f)
Command The warrant shall command that the person
against whom the
23complaint was made alleged to have committed the crime in par. (b) be arrested and
,
24except as provided in s. 969.20 (4), be brought before the judge issuing the warrant,
25or, if the judge is absent or unable to act, before some other judge in the same county.
AB90,419
1Section
419. 968.04 (3) (a) 7. of the statutes is renumbered 969.26 (1) and
2amended to read:
AB90,127,43
969.26
(1) Arrest warrant. The An arrest warrant shall be in substantially the
4following form:
AB90,127,55
STATE OF WISCONSIN,
AB90,127,77
State of Wisconsin
AB90,127,99
.... (Defendant(s))
AB90,127,1010
THE STATE OF WISCONSIN TO ANY LAW ENFORCEMENT OFFICER:
AB90,127,1511
A complaint
or affidavit, copy of which is attached,
having has been filed with
12me
or testimony has been presented before me accusing the defendant(s) of
13committing the crime of .... contrary to sec. ...., Stats., and I
having have found that
14there is probable cause
exists that the crime was committed by to believe the
15defendant(s)
committed that crime.
AB90,127,1716
You are, therefore, commanded to arrest the defendant(s) and bring .... before
17me, or, if I am not available, before some other
a judge of this county.
AB90,127,1818
Dated ...., .... (year)
AB90,127,1919
....(Signature)
AB90,127,2020
....(Title)
AB90,420
21Section
420. 968.04 (3) (a) 8. of the statutes is repealed.
AB90,421
22Section
421. 968.04 (3) (b) (title) of the statutes is renumbered 969.22 (title).
AB90,422
23Section
422. 968.04 (3) (b) 1. of the statutes is renumbered 969.22 (1) and
24amended to read:
AB90,128,5
1969.22
(1) Mandatory provisions. The summons shall command the defendant
2to appear before a court at a certain time and place and shall be in substantially the
3form set forth in
subd. 3. s. 969.26 (2). The complaint and summons may be on the
4same form. If they are, the complaint shall be beneath the summons. If separate
5forms are used, a copy of the complaint shall be attached to the summons.
AB90,423
6Section
423. 968.04 (3) (b) 2. of the statutes is renumbered 969.22 (2) and
7amended to read:
AB90,128,128
969.22
(2) Service. A summons may be served anywhere in the state and
it 9shall be served by delivering a copy to the defendant personally
or, by leaving a copy
10at
the defendant's his or her usual place of abode with a person of discretion residing
11therein there, or by mailing a copy to the defendant's last-known address.
It shall
12be served by a law enforcement officer.
AB90,424
13Section
424. 968.04 (3) (b) 3. (intro.) of the statutes is renumbered 969.26 (2)
14(intro.) and amended to read:
AB90,128,1615
969.26
(2) Summons. (intro.)
The A summons shall be in substantially the
16following form:
AB90,425
17Section
425. 968.04 (3) (b) 3. a. of the statutes is repealed.
AB90,426
18Section
426. 968.04 (3) (b) 3. b. (intro.) of the statutes is repealed.
AB90,427
19Section
427. 968.04 (3) (b) 3. b. (form) of the statutes is renumbered 969.26
20(2) (form) and amended to read:
AB90,128,2121
969.26
(2) (form)
AB90,128,2222
STATE OF WISCONSIN,
AB90,128,2323
.... County
AB90,128,2424
State of Wisconsin
AB90,129,1
1.... (Defendant)
AB90,129,22
THE STATE OF WISCONSIN TO SAID DEFENDANT:
AB90,129,4
3 A complaint, copy of which is attached, having been made before me accusing
4the defendant of committing the crime of .... contrary to sec. ...., Stats.
AB90,129,95
You, ....,
are, therefore, summoned to must appear before Branch .... of the
....
6court Circuit Court of .... County at
the courthouse .... in the City of ....
to answer said
7complaint, on
...., .... (year), at .... o'clock in the .... noon, and in case of your failure
8to appear, (date), ...., at .... a.m./p.m. If you do not appear, a warrant for your arrest
9may be issued.
AB90,129,12
10You have been charged with committing the crime of .... in violation of section
11.... of the Wisconsin Statutes. A copy of the complaint charging you with that crime
12is attached.
AB90,129,1313
Dated ...., .... (year)
AB90,129,1414
.... (Signature)
AB90,129,1515
....
District Attorney (Title)
AB90,428
16Section
428. 968.04 (3) (b) 4. of the statutes is repealed.
AB90,429
17Section
429. 968.04 (4) of the statutes is renumbered 969.21 (2), and 969.21
18(2) (a) to (d), as renumbered, are amended to read:
AB90,129,2119
969.21
(2) (a)
The Unless otherwise specified under s. 969.20 (5), an arrest 20warrant
issued under this section shall be directed to all law enforcement officers of
21the state
. A warrant and may be served anywhere in the state.
AB90,129,2422
(b) A warrant is served by arresting the defendant and informing the defendant
23as soon as practicable of the nature of the crime with which
the defendant he or she 24is charged.
AB90,130,5
1(c) An arrest may be made by a law enforcement officer without a warrant in
2the law enforcement officer's possession when the law enforcement officer
has
3knowledge reasonably believes that a warrant has been issued. In such case, the
4officer shall inform the defendant as soon as practicable of the nature of the crime
5with which the defendant is charged.
AB90,130,86
(d) The law enforcement officer arresting a defendant shall
endorse record 7upon the warrant the time and place of the arrest
and the law enforcement officer's
8fees and mileage therefor.
AB90,430
9Section
430. 968.05 of the statutes is renumbered 969.23, and 969.23 (1) and
10(2), as renumbered, are amended to read:
AB90,130,1611
969.23
(1) When a corporation or limited liability company is charged with
the
12commission of committing a criminal offense, the judge or district attorney shall
13issue a summons setting forth the nature of the offense and commanding the
14corporation or limited liability company to appear before a court at a specific time
15and place.
The corporation or limited liability company shall appear by a corporate
16officer or an authorized agent other than defense counsel.
AB90,130,21
17(2) The summons for the appearance of a corporation or limited liability
18company may be served
as provided for service of a summons in the same way that
19a summons is served upon a corporation or limited liability company in a civil action
20under s. 801.11 (5). The summons
shall be returnable not less than may not be
21returnable until at least 10 days after service.
AB90,431
22Section
431. 968.06 of the statutes is repealed.
AB90,432
23Section
432. 968.07 of the statutes is renumbered 969.16, and 969.16 (1) to
24(3), as renumbered, are amended to read:
AB90,131,2
1969.16
(1) A Except as provided in sub. (3), a law enforcement officer may
2arrest a person when:
AB90,131,43
(a) The law enforcement officer has a warrant commanding that such person
4be arrested
; or.
AB90,131,65
(b) The law enforcement officer
reasonably believes
, on reasonable grounds, 6that a warrant for the person's arrest has been issued in this state
; or.
AB90,131,87
(c) The law enforcement officer
reasonably believes
, on reasonable grounds, 8that a felony warrant for the person's arrest has been issued in another state
; or.
AB90,131,109
(d)
There are reasonable grounds The law enforcement officer has probable
10cause to believe that the person is committing or has committed a crime.
AB90,131,13
11(1m) Notwithstanding sub. (1), a law enforcement officer shall arrest a person
12when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128 (1) (b),
13or
968.075 (2) (a) 969.27 (2) (a) or (5) (e).
AB90,131,16
14(2) A law enforcement officer making a lawful arrest may command the aid of
15any person, and such person shall have the same power as
that of the law
16enforcement officer.