SB82,131,21 17(3) If the alleged violator under No law enforcement officer may arrest a person
18alleged to have violated
s. 948.55 (2) or 948.60 (2) (c) until at least 7 days after the
19date of the shooting, if the person
is or was the parent or guardian of a child who is
20injured or dies as a result of an accidental the shooting, no law enforcement officer
21may arrest the alleged violator until at least 7 days after the date of the shooting
.
SB82,433 22Section 433. 968.073 of the statutes is renumbered 969.165, and 969.165 (2),
23as renumbered, is amended to read:
SB82,132,224 969.165 (2) It is the policy of this state to make an audio or audio and visual
25recording of a custodial interrogation of a person suspected of committing a felony

1unless a condition under s. 972.115 (2) 972.18 (3) (a) 1. to 6. applies or good cause is
2shown for not making an audio or audio and visual recording of the interrogation.
SB82,434 3Section 434. 968.075 (title) of the statutes is renumbered 969.27 (title).
SB82,435 4Section 435. 968.075 (1) of the statutes is renumbered 969.27 (1).
SB82,436 5Section 436. 968.075 (2) (a) of the statutes is renumbered 969.27 (2) (a), and
6969.27 (2) (a) (intro.), as renumbered, is amended to read:
SB82,132,97 969.27 (2) (a) (intro.) Notwithstanding s. 968.07 (1) 969.16 (1) and except as
8provided in pars. (am) and (b), a law enforcement officer shall arrest and take a
9person into custody if:
SB82,437 10Section 437. 968.075 (2) (am) of the statutes is renumbered 969.27 (2) (am)
11and amended to read:
SB82,132,1612 969.27 (2) (am) Notwithstanding s. 968.07 (1) 969.16 (1), unless the person's
13arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (b) or
14sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is
15generally not appropriate for a law enforcement officer to arrest anyone under par.
16(a) other than the predominant aggressor.
SB82,438 17Section 438. 968.075 (2) (ar) of the statutes is renumbered 969.27 (2) (ar).
SB82,439 18Section 439. 968.075 (2) (b) of the statutes is renumbered 969.27 (2) (b).
SB82,440 19Section 440. 968.075 (2m) of the statutes is renumbered 969.27 (2m) and
20amended to read:
SB82,132,2421 969.27 (2m) Immediate release prohibited. Unless s. 968.08 969.17 applies,
22a law enforcement officer may not release a person whose arrest was required under
23sub. (2) until the person posts bail remits a cash deposit under s. 969.07 969.36 or
24appears before a judge under s. 970.01 (1) subch. I of ch. 971.
SB82,441 25Section 441. 968.075 (3) of the statutes is renumbered 969.27 (3).
SB82,442
1Section 442. 968.075 (4) of the statutes is renumbered 969.27 (4).
SB82,443 2Section 443. 968.075 (5) of the statutes is renumbered 969.27 (5), and 969.27
3(5) (e), as renumbered, is amended to read:
SB82,133,64 969.27 (5) (e) Notwithstanding s. 968.07 (1) 969.16 (1), a law enforcement
5officer shall arrest and take a person into custody if the officer has reasonable
6grounds to believe that the person has violated par. (a).
SB82,444 7Section 444. 968.075 (6) to (9) of the statutes are renumbered 969.27 (6) to (9).
SB82,445 8Section 445. 968.08 of the statutes is renumbered 969.17 and amended to
9read:
SB82,133,15 10969.17 Release by law enforcement officer of arrested person. A Except
11as provided in s. 969.27 (5) (b) 1., a
law enforcement officer having custody of a person
12arrested without a warrant may release the person arrested with or without
13requiring the person to appear before a judge if the law enforcement officer is
14satisfied that there are insufficient grounds for the issuance of a criminal complaint
15against the person arrested
or the district attorney.
SB82,446 16Section 446. 968.085 (title) of the statutes is renumbered 969.24 (title) and
17amended to read:
SB82,133,19 18969.24 (title) Citation; nature; issuance; release of accused for
19misdemeanor
.
SB82,447 20Section 447. 968.085 (1) of the statutes is renumbered 969.24 (1) and amended
21to read:
SB82,134,222 969.24 (1) Nature. A citation under this section is a directive, issued by a law
23enforcement officer, that a person appear in court and answer criminal charges. A
24citation is not
or the district attorney's office. The citation may be used as a criminal

1complaint and may not be used as a substitute for a criminal complaint if endorsed
2by the district attorney as provided in sub. (5)
.
SB82,448 3Section 448. 968.085 (2) (intro.) of the statutes is renumbered 969.24 (2) and
4amended to read:
SB82,134,115 969.24 (2) Authority to issue; effect. Except as provided in sub. (8), a A law
6enforcement officer may issue a citation to any person whom he or she has reasonable
7grounds
probable cause to believe has committed a misdemeanor. A citation may be
8issued in the field or at the headquarters or precinct station of the officer instead of
9or subsequent to at any time after a lawful arrest. If a citation is issued, the person
10cited shall be released on his or her own recognizance. In determining whether to
11issue a citation, the law enforcement officer may consider whether:
SB82,449 12Section 449. 968.085 (2) (a) to (f) of the statutes are repealed.
SB82,450 13Section 450. 968.085 (3) (intro.) of the statutes is renumbered 969.24 (3)
14(intro.).
SB82,451 15Section 451. 968.085 (3) (a) of the statutes is renumbered 969.24 (3) (a) and
16amended to read:
SB82,134,2117 969.24 (3) (a) Identify the offense and section which State essential facts
18constituting the crime
the person is alleged to have allegedly committed and the
19statutory section that the person allegedly
violated, including the date, and if
20material, identify the property and other persons involved
of the offense and the
21maximum penalty for the offense
.
SB82,452 22Section 452. 968.085 (3) (b) of the statutes is renumbered 969.24 (3) (b) and
23amended to read:
SB82,134,2524 969.24 (3) (b) Contain State the name and address of the person cited, or other
25identification if that the person's name or address cannot be ascertained.
SB82,453
1Section 453. 968.085 (3) (c) of the statutes is renumbered 969.24 (3) (c).
SB82,454 2Section 454. 968.085 (3) (d) of the statutes is renumbered 969.24 (3) (d) and
3amended to read:
SB82,135,64 969.24 (3) (d) Direct the person cited to appear for his or her initial appearance
5in a designated court, at a designated
at a specified location and at a specified time
6and date.
SB82,455 7Section 455. 968.085 (4) of the statutes is renumbered 969.24 (4) and amended
8to read:
SB82,135,119 969.24 (4) Service. A The officer issuing the citation shall give a copy of the
10citation shall be delivered to the person cited, and file the original must be filed with
11the district attorney.
SB82,456 12Section 456. 968.085 (5) of the statutes is renumbered 969.24 (5) and amended
13to read:
SB82,135,2014 969.24 (5) Review by district attorney. The district attorney shall review the
15citation and may issue a complaint by endorsing the citation with his or her signature
16or issue a separate complaint charging the cited person.
If the district attorney
17reviews the case before the return date and declines to prosecute, he or she shall
18notify the law enforcement agency which that issued the citation. The law
19enforcement agency shall attempt to notify the person cited that he or she will not
20be charged and is not required to appear as directed in the citation.
SB82,457 21Section 457. 968.085 (6) of the statutes is renumbered 969.24 (6).
SB82,458 22Section 458. 968.085 (7) of the statutes is renumbered 969.24 (7) and amended
23to read:
SB82,136,3
1969.24 (7) Preparation of Form. The judicial conference shall prescribe the
2form and content of the
citation under s. 758.171 shall be in substantially the same
3form set forth in s. 969.26 (3)
.
SB82,459 4Section 459. 968.085 (8) of the statutes is renumbered 969.24 (8) and amended
5to read:
SB82,136,86 969.24 (8) Inapplicability to certain domestic abuse cases. A law enforcement
7officer may not issue a citation to a person for an offense if the officer is required to
8arrest the person for that offense under s. 968.075 969.27 (2).
SB82,460 9Section 460. 968.09 (title) of the statutes is renumbered 969.50 (title) and
10amended to read:
SB82,136,12 11969.50 (title) Warrant Bench warrant for defendant or witness on
12failure to appear.
SB82,461 13Section 461. 968.09 (1) of the statutes is renumbered 969.50 (1) and amended
14to read:
SB82,136,2015 969.50 (1) When a defendant or a witness fails to appear before the court as
16required, or violates a term of the defendant's or witness's bond or the defendant's
17or witness's probation, if any
condition of release, the court may issue a bench
18warrant for the defendant's or witness's arrest which shall direct that the defendant
19or witness be brought before the court without unreasonable delay. The court shall
20state on the record at the time of issuance of the bench warrant the reason therefor.
SB82,462 21Section 462. 968.09 (2) of the statutes is repealed.
SB82,463 22Section 463. 968.10 of the statutes is renumbered 968.455, and 968.455
23(intro.), (1), (2), (3), (4) and (5), as renumbered, are amended to read:
SB82,137,3
1968.455 Searches and seizures; when authorized. (intro.) A search of a
2person, object, or place may be made and things may be seized when the search is
3made under any of the following circumstances:
SB82,137,4 4(1) Incident to a lawful arrest;.
SB82,137,5 5(2) With consent;.
SB82,137,6 6(3) Pursuant to a valid search warrant; .
SB82,137,7 7(4) With the authority and within the scope of a right of lawful inspection;.
SB82,137,9 8(5) Pursuant to a search during an authorized temporary questioning as
9provided in s. 968.25; or 968.565.
SB82,464 10Section 464. Subchapter II (title) of chapter 968 [precedes 968.105] of the
11statutes is created to read:
SB82,137,1212 chapter 968
SB82,137,1413 subchapter II
14 John doe proceedings
SB82,465 15Section 465. 968.11 of the statutes is renumbered 968.575 and amended to
16read:
SB82,137,20 17968.575 Scope of search incident to lawful arrest. When a lawful arrest
18is made, a law enforcement officer may reasonably search the person arrested and
19an area within such person's immediate presence for any of the purpose of following
20purposes
:
SB82,137,21 21(1) Protecting the officer from attack; .
SB82,137,22 22(2) Preventing the person from escaping; .
SB82,137,23 23(3) Discovering and seizing the fruits of the crime ; or other offense.
SB82,138,3
1(4) Discovering and seizing any instruments, articles, or things which may
2have been used in the commission of, or which may constitute evidence of, the
3offense.
SB82,466 4Section 466. 968.12 (title) of the statutes is renumbered 968.465 (title) and
5amended to read:
SB82,138,6 6968.465 (title) Search Application for and issuance of search warrant.
SB82,467 7Section 467. 968.12 (1) of the statutes is renumbered 968.465 (1) and amended
8to read:
SB82,138,139 968.465 (1) Description and issuance. A search warrant is an order signed by
10a judge directing a law enforcement officer to conduct a search of a designated person,
11a designated object, or a designated place for the purpose of seizing designated
12property or kinds of property. A judge shall issue a search warrant if probable cause
13is shown.
SB82,468 14Section 468. 968.12 (2) and (3) (a) and (d) of the statutes are consolidated,
15renumbered 968.465 (2) and amended to read:
SB82,139,1016 968.465 (2) Warrant upon affidavit Procedure generally. A search warrant
17may be based upon sworn complaint or
Probable cause may be shown by an affidavit,
18or by oral testimony, or by a combination of an affidavit and oral testimony. The
19affidavit or testimony shall be sworn to or affirmed and may be upon information and
20belief. Oral testimony shall be
recorded by a phonographic stenographic reporter or
21under sub. (3) (d), showing probable cause therefor. The complaint, affidavit or
22testimony may be upon information and belief.
(3) (a) General rule. A search
23warrant may be based upon sworn oral testimony
voice recording device and may be
24communicated to the judge in person or by telephone, radio, or other reliable means
25of electronic communication, under the procedure prescribed in this subsection. (d)

1Recording and certification of testimony. When a caller informs the judge that the
2purpose of the call is to request a warrant, the judge shall place under oath each
3person whose testimony forms a basis of the application and each person applying
4for the warrant. The judge or requesting person shall arrange for all sworn
5testimony to be recorded either by a stenographic reporter or by means of a voice
6recording device. The judge shall have the record transcribed. The
. A transcript of
7the testimony
, certified as accurate by the judge or reporter, as appropriate, shall be
8filed with the court. If the testimony was recorded by means of a voice recording
9device, the judge shall also file
and the original recording of any testimony recorded
10by a voice recording device shall be filed
with the court.
SB82,469 11Section 469. 968.12 (3) (title) of the statutes is renumbered 968.465 (3) (title)
12and amended to read:
SB82,139,1413 968.465 (3) (title) Warrant upon oral Telephone and other remote testimony ;
14duplicate warrant procedure
.
SB82,470 15Section 470. 968.12 (3) (b) of the statutes is renumbered 968.465 (3) (a) and
16amended to read:
SB82,139,2317 968.465 (3) (a) Application. The person who is requesting the warrant When
18the applicant for a search warrant is testifying outside the presence of the judge, the
19judge shall place the applicant under oath or affirmation and arrange for all
20testimony to be recorded. The applicant
shall prepare a duplicate original warrant
21and read the duplicate original warrant, verbatim, to the judge. The judge shall
22enter, verbatim, what is read on the original warrant. The Thereafter, but before
23signing the original warrant, the
judge may direct that the warrant be modified.
SB82,471 24Section 471. 968.12 (3) (c) and (f) of the statutes are consolidated, renumbered
25968.465 (3) (b) and amended to read:
SB82,140,12
1968.465 (3) (b) Issuance. If the judge determines that there is probable cause
2for the warrant, the judge shall order the issuance of a issue the warrant by directing
3the person requesting the warrant to sign the judge's name on the duplicate original
4warrant. In addition, the person shall sign his or her own name on the duplicate
5original warrant. The judge shall immediately sign
signing the original warrant and
6enter on the face of the original warrant the exact time when the warrant was
7ordered to be issued. The finding of probable cause for a warrant upon oral testimony
8shall be based on the same kind of evidence as is sufficient for a warrant upon
9affidavit. (f)
Entry of time of execution. The judge shall direct the applicant to sign
10the judge's name on the duplicate warrant. In addition the applicant shall sign his
11or her own name on the duplicate warrant.
The person who executes the warrant
12shall enter the exact time of execution on the face of the duplicate original warrant.
SB82,472 13Section 472. 968.12 (3) (e) of the statutes is repealed.
SB82,473 14Section 473. 968.12 (4) of the statutes is renumbered 968.465 (7).
SB82,474 15Section 474. 968.13 (title) of the statutes is renumbered 968.475 (title) and
16amended to read:
SB82,140,17 17968.475 (title) Search warrant; property Property subject to seizure.
SB82,475 18Section 475. 968.13 (1) (intro.) of the statutes is renumbered 968.475 (2)
19(intro.) and amended to read:
SB82,140,2120 968.475 (2) (intro.) A search warrant may authorize the seizure of any of the
21following:
SB82,476 22Section 476. 968.13 (1) (a) of the statutes is renumbered 968.475 (1) (a) and
23amended to read:
SB82,141,724 968.475 (1) (a) "Contraband, which" includes without limitation because of
25enumeration
, but is not limited to, lottery tickets, gambling machines, or other

1gambling devices,; lewd, obscene , or indecent written matter, pictures, sound
2recordings, or motion picture films, ; forged money or written instruments and the
3tools, dies, machines, or materials for making them ,; and controlled substances, as
4defined in s. 961.01 (4), and controlled substance analogs, as defined in s. 961.01
5(4m), and the implements for smoking or injecting them. Gambling "Contraband"
6does not include
machines or other gambling devices possessed by a shipbuilding
7business that complies with s. 945.095 are not subject to this section.
SB82,477 8Section 477. 968.13 (1) (b), (c) and (d) of the statutes are renumbered 968.475
9(2) (b), (c) and (d).
SB82,478 10Section 478. 968.13 (2) of the statutes is renumbered 968.475 (1) (intro.) and
11amended to read:
SB82,141,1212 968.475 (1) (intro.) In this section, "documents":
SB82,141,14 13(b) "Documents" includes, but is not limited to, books, papers, records,
14recordings, tapes, photographs, films, or computer or electronic data.
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