SB82: Bill Text

SB82,174,12 968.165 Oath or affirmation of grand jurors. Grand jurors shall, before they begin performance of their duties, solemnly swear or affirm that they will diligently inquire as to all matters and things which that come before the grand jury; that they will keep all matters which that come before the grand jury secret; that they will indict no person for envy, hatred, or malice; that they will not leave any person unindicted for love, fear, favor, affection, or hope of reward; and that they will indict truly, according to the best of their understanding.

SB82,550 Section 550. 968.42 of the statutes is renumbered 968.175 and amended to read:

SB82,174,17 968.175 Presiding juror and clerk. The grand jury shall select from their number a presiding juror and a clerk. The clerk of the grand jury shall preserve the minutes of the proceedings before them the grand jury and all exhibits.

SB82,551 Section 551. 968.43 of the statutes is renumbered 968.185 and amended to read:

SB82,174,23 968.185 Reporter; oath; salary; assistant. (1) Every grand jury shall , when ordered by the judge ordering such the grand jury, employ one or more reporters to attend their its sessions and to make record and transcribe a verbatim record of all proceedings had before them it.

SB82,175,8 (2) Before assuming the duties under this section, each reporter shall make and file an oath or affirmation faithfully to record and transcribe faithfully all of the proceedings before the grand jury and to keep secret the matters relative related to the proceedings. Each reporter shall be paid out of the county treasury of the county in which the service is rendered such a sum for compensation and expenses as shall be audited and allowed as reasonable by the court ordering the grand jury. Each reporter may employ on his or her own account a person to transcribe the testimony and proceedings of the grand jury, but before entering upon the duties under this subsection, the person shall be required to make and file an oath or affirmation similar to that required of each reporter.

SB82,175,10 (3) Any Except as provided in s. 968.295, any person who violates an oath or affirmation required by sub. (2) is guilty of a Class H felony.

SB82,552 Section 552. 968.44 of the statutes is renumbered 968.195 and amended to read:

SB82,175,20 968.195 Witnesses Oaths to witnesses. The presiding juror of every grand jury and the district attorney or other prosecuting officer who is before the grand jury may administer all oaths and affirmations in the manner prescribed by law to witnesses who appear before the grand jury for the purpose of testifying in any matter of which the witnesses have cognizance. At the request of the court, the presiding juror shall return to the court a list, under his or her hand, of all witnesses who are sworn before the grand jury. That list shall be filed by the clerk of circuit court.

SB82,553 Section 553. 968.45 (title) of the statutes is renumbered 968.203 (title) and amended to read:

SB82,175,23 968.203 (title) Witness rights Counsel for witnesses; transcripts.

SB82,554 Section 554. 968.45 (1) of the statutes is renumbered 968.203 (1) (a) and amended to read:

SB82,176,4 968.203 (1) (a) Any witness appearing before a grand jury may have counsel present, but the counsel shall not be allowed to examine his or her client, cross-examine other witnesses, or argue before the judge. Counsel may consult with his or her client while before a grand jury. If the prosecuting officer,

SB82,176,10 (b) A district attorney, an attorney for a witness , or a grand juror who believes that a conflict of interest exists for an attorney or attorneys to represent more than one witness before a grand jury, the person so believing may make a motion before the presiding judge to disqualify the attorney from representing more than one witness before the grand jury. A The court shall hold a hearing shall be held upon notice with the burden upon on the moving party to establish the conflict.

SB82,555 Section 555. 968.45 (2) of the statutes is renumbered 968.203 (2) and amended to read:

SB82,176,17 968.203 (2) No grand jury transcript may be made public until the trial of anyone a person indicted by the grand jury, and then only that portion of the transcript that is relevant and material to the case at hand may be made public. This subsection does not limit the defendant's rights to discovery under s. 971.23 971.43 (2) (a).

SB82,556 Section 556. Subchapter V (title) of chapter 968 [precedes 968.455] of the statutes is created to read:

SB82,176,20 chapter 968

SB82,176,22 subchapter V search and seizure

SB82,557 Section 557. 968.46 of the statutes is renumbered 968.215 and amended to read:

SB82,177,6 968.215 Secrecy of motions. Notwithstanding s. 757.14, all motions, including but not limited to those for immunity or a privilege, brought by a prosecuting officer district attorney or witness appearing before a grand jury shall be made, heard, and decided in complete secrecy and not in open court if the prosecuting officer or witness person bringing the motion or exercising the immunity or privilege so requests.

SB82,558 Section 558. Subchapter VI (title) of chapter 968 [precedes 968.465] of the statutes is created to read:

SB82,177,9 chapter 968

SB82,177,11 subchapter VI search warrants

SB82,559 Section 559. 968.465 (5) and (6) of the statutes are created to read:

SB82,177,17 968.465 (5) Sealed warrant. A judge may order that a search warrant and supporting documents be held under seal for a specified period and may extend or reduce the period for good cause shown. The judge shall make the decision in his or her discretion, after balancing the reasons for secrecy against the defendant's and the public's right of access.

SB82,177,23 (6) Permitting execution without announcement. A search warrant may authorize the executing officer to enter the premises designated in the warrant without announcement and delay under s. 968.485 (1) when the applicant shows that there is a reasonable suspicion that, in the particular circumstances, announcement and delay would be dangerous or futile or would inhibit the effective investigation of the crime by any means including but not limited to the destruction of evidence.

SB82,560 Section 560. 968.47 of the statutes is renumbered 968.225 and amended to read:

SB82,178,6 968.225 District Duties of district attorney, when to attend. Whenever required by the grand jury it shall be the duty of, the district attorney of the county to shall attend them grand jury proceedings for the purpose of examining witnesses in their the presence or of giving them of the grand jury, give the grand jury advice upon any legal matter, and to issue subpoenas and other process to bring up witnesses before the grand jury.

SB82,561 Section 561. 968.475 (2) (a) of the statutes is created to read:

SB82,178,8 968.475 (2) (a) Contraband.

SB82,562 Section 562. 968.475 (2) (e) of the statutes is created to read:

SB82,178,10 968.475 (2) (e) A designated person.

SB82,563 Section 563. 968.475 (3) of the statutes is created to read:

SB82,178,14 968.475 (3) Section 968.705 applies to documents to be subpoenaed if the documents are under the control of a person not reasonably suspected to be concerned in the commission of a crime.

SB82,564 Section 564. 968.48 of the statutes is renumbered 968.235 and amended to read:

SB82,179,2 968.235 Attendance; absence; excuse Grand jury attendance; number required for grand jury session; number required to concur in and indictment. Each grand juror shall attend every session of the grand jury unless excused by the presiding juror. The presiding juror may excuse a grand juror from attending a grand jury session only for a reason which appears to the presiding juror in his or her discretion as good and sufficient cause for the excuse juror's absence. No business may be transacted at any session of the grand jury at which less if fewer than 14 members of the grand jury are in attendance, and no indictment may be found by any grand jury may indict unless at least 12 of their number shall grand jurors concur in the indictment.

SB82,565 Section 565. 968.485 (title) and (1) of the statutes are created to read:

SB82,179,8 968.485 (title) Execution of a search warrant. (1) Knock and announce requirement and exceptions. When seeking to enter a dwelling to execute a search warrant, a law enforcement officer shall first announce the purpose and authority to enter and allow a reasonable time for the door to be opened, unless one of the following applies:

SB82,179,12 (a) The search warrant authorizes the entry of the premises without announcement and delay and the reasonable suspicion under s. 968.465 (6) justifying the authorizing provision continues to exist at the time the warrant is executed.

SB82,179,17 (b) Under the particular circumstances that the warrant is executed, the law enforcement officer has reasonable suspicion, that was not, or reasonably could not have been, known when the warrant was requested, that announcement and delay would be dangerous or futile or would inhibit the effective investigation of the crime by any means including but not limited to the destruction of evidence.

SB82,566 Section 566. 968.49 of the statutes is renumbered 968.245 and amended to read:

SB82,179,24 968.245 Fine for nonattendance. Any person lawfully summoned to attend as a grand juror who fails to attend without any sufficient excuse shall pay a fine not exceeding be fined not more than $40, which shall be imposed by the court to which the person was summoned shall impose and which shall be paid into the county treasury.

SB82,567 Section 567. 968.50 of the statutes is renumbered 968.252 and amended to read:

SB82,180,5 968.252 Report progress and return indictments. A grand jury may report progress and return indictments to the court from time to time during its session and until discharged.

SB82,568 Section 568. 968.505 (title) of the statutes is renumbered 968.262 (title).

SB82,569 Section 569. 968.505 of the statutes is renumbered 968.262 (1) and amended to read:

SB82,180,12 968.262 (1) When the grand jury is discharged, the clerk of the grand jury shall collect all transcripts of testimony, minutes of proceedings, exhibits , and other records of the grand jury, and, except as provided in sub. (2), shall deliver them as the jury directs either to the attorney general or to the district attorney, or upon.

SB82,180,15 (2) Upon approval of the court, the grand jury may direct its clerk to deliver them grand jury materials collected under sub. (1) to the clerk of the court, who shall impound them subject to the further order or orders of the court.

SB82,570 Section 570. 968.51 of the statutes is renumbered 968.275 and amended to read:

SB82,180,23 968.275 Indictment not to be disclosed. No grand juror or officer of the court, if If the court shall so order, shall orders, no grand juror or officer of the court may disclose the fact that any indictment for a felony has been found against that the grand jury has indicted any person not in custody or under recognizance, otherwise than by issuing or executing process on such indictment, until such the person has been arrested.

SB82,571 Section 571. 968.52 of the statutes is renumbered 968.285 and amended to read:

SB82,181,5 968.285 Votes not to be disclosed. No grand juror may be allowed to state or testify disclose in any court in what manner how he or she or any other member of the jury grand juror voted or what opinion any grand juror expressed on any question before them, or what opinion was expressed by any juror in relation to the question the grand jury.

SB82,572 Section 572. 968.53 of the statutes is renumbered 968.295 and amended to read:

SB82,181,23 968.295 When testimony may be disclosed. Members of the grand jury and any grand jury reporter may be required by any court Notwithstanding any oath or affirmation required under s. 968.165 or 968.185 (2), any court may require grand jurors and grand jury reporters to testify whether the testimony of a witness examined before the jury is consistent with or different from the evidence given by the witness before the court; and they. Notwithstanding any oath or affirmation required under s. 968.165 or 968.185 (2), the court may also be required require grand jurors and grand jury reporters also to disclose the testimony given before the grand jury by any person upon a complaint against the person for perjury , or upon trial for the offense. Any If the court receives in evidence any transcript of testimony taken before the grand jury and certified by a , the grand jury reporter to have reporter's certification that the transcript has been carefully compared by the reporter with his or her minutes of testimony so taken and to be is a true and correct transcript of all or a specified portion of the transcript, may be received in evidence with shall have the same effect as the oral testimony of the reporter to the facts so certified, but the reporter may be cross-examined by any party as to the matter.

SB82,573 Section 573. 968.585 (4m) of the statutes is created to read:

SB82,182,2 968.585 (4m) Any evidence obtained by a strip search in violation of sub. (2) or (3) is not admissible as evidence at trial.

SB82,574 Section 574. 968.585 (7) (cm) of the statutes is created to read:

SB82,182,4 968.585 (7) (cm) The person is committed under ch. 980.

SB82,575 Section 575. Subchapter VII (title) of chapter 968 [precedes 968.605] of the statutes is created to read:

SB82,182,7 chapter 968

SB82,182,9 subchapter VII seized property

SB82,576 Section 576. Subchapter VIII (title) of chapter 968 [precedes 968.705] of the statutes is created to read:

SB82,182,12 chapter 968

SB82,182,14 subchapter VIII Miscellaneous

SB82,577 Section 577. 968.705 (2), (3) and (6) of the statutes are created to read:

SB82,182,17 968.705 (2) (a) The subpoena shall designate that the responsive documents be provided to one of the following:

SB82,182,19 1. The law enforcement agency or law enforcement officer named in the subpoena.

SB82,182,21 2. The attorney general, the district attorney, the assistant attorney general, or the assistant district attorney, whichever requested the subpoena.

SB82,182,22 3. The court.

SB82,183,5 (b) If the documents are not returnable to the court, the person who requested the documents shall, within 5 days of receiving the responsive documents, make a return of the subpoena to the issuing court in the form of a written notice to the court that compliance with the subpoena has occurred and including a brief description of the nature and quantity of the documents received under the subpoena. The person designated in the subpoena to receive the documents shall maintain the original documents received and shall produce the documents, or any portion of the documents, to the court upon the court's order.

SB82,183,15 (3) A subpoena issued under sub. (1) shall be issued with all practicable secrecy and the request for the subpoena, any affidavit in support of the subpoena, any testimony in support of the request, and any other supporting documents may not be filed with the clerk or made public until the subpoena has been executed and returned to the court. The court that issued the subpoena may issue an order sealing the subpoena and the request for the subpoena, the affidavit in support of the subpoena, any testimony in support of the request, and any supporting documents upon which it is based. The court that issued the subpoena may issue an order prohibiting the person to which the subpoena is directed from disclosing the existence of the subpoena to any person other than the lawyer for the person.

SB82,183,18 (6) Documents seized by or delivered to a law enforcement agency or officer under a subpoena under this section are considered seized property for the purposes of ss. 968.615 and 968.625.

SB82,578 Section 578. 968.71 of the statutes is created to read:

SB82,183,20 968.71 Disclosure of depositor status. (1) In this section:

SB82,183,22 (a) "Depository account" includes any monetary interest that a person maintains at a financial institution.

SB82,183,23 (b) "Financial institution" has the meaning given in s. 214.01 (1) (jn).

SB82,184,5 (2) Upon the request of the district attorney and a showing that the information requested is relevant to a criminal investigation, the court shall issue an order requiring any financial institution to disclose to the district attorney whether the person named in the order has a depository account with the financial institution or whether the person had a depository account with the financial institution at a prior specified time. Any person who unlawfully violates such an order may be compelled to do so under ch. 785.

SB82,579 Section 579. Chapter 969 (title) of the statutes is repealed and recreated to read:

SB82,184,8 chapter 969

SB82,184,10 securing a defendant's appearance; release

SB82,580 Section 580. 969.001 (intro.) of the statutes is renumbered 969.30 (intro.) and amended to read:

SB82,184,13 969.30 Definitions. (intro.) In this chapter subchapter:

SB82,581 Section 581. 969.001 (1) of the statutes is renumbered 967.025 (1) and amended to read:

SB82,184,16 967.025 (1) "Bail" means monetary conditions of release on bond.

SB82,582 Section 582. 969.001 (2) of the statutes is repealed.

SB82,583 Section 583. 969.01 (title) of the statutes is renumbered 969.31 (title).

SB82,584 Section 584. 969.01 (1) of the statutes is renumbered 969.31 (1) and amended to read:

SB82,185,5 969.31 (1) Before conviction. Before conviction, except Except as provided in ss. 969.035 and 971.14 (1r) s. 969.43 or 975.32, a defendant arrested for a criminal offense crime is eligible for release before conviction under reasonable conditions designed to assure ensure his or her appearance in court, protect members of the community from serious bodily harm, or prevent the intimidation of witnesses. Bail may be imposed at or after the initial appearance only upon a finding by the court that there is a reasonable basis to believe that bail is necessary to assure appearance in court. In determining whether any conditions of release are appropriate, the judge shall first consider the likelihood of the defendant appearing for trial if released on his or her own recognizance.