reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.34 - Use of pen register or trap and trace device restricted.

968.34
Use of pen register or trap and trace device restricted.
(1)
Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under s. 968.36 or 18 USC 3123 or 50 USC 1801 to 1811.
(2)
The prohibition of sub. (1) does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wire communication service:
(a)
Relating to the operation, maintenance and testing of a wire or electronic communication service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service;
(b)
To record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or
(c)
Where the consent of the user of that service has been obtained.
(2m)
The prohibition of sub. (1) does not apply to a telephone caller identification service authorized under s. 196.207 (2).
(3)
Whoever knowingly violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
History:  1987 a. 399; 1991 a. 268, 269; 1997 a. 283; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.35 - Application for an order for a pen register or a trap and trace device.

968.35
Application for an order for a pen register or a trap and trace device.
(1)
The attorney general or a district attorney may make application for an order or an extension of an order under s. 968.36 authorizing or approving the installation and use of a pen register or a trap and trace device, in writing under oath or equivalent affirmation, to a circuit court for the county where the device is to be located.
(2)
An application under sub. (1) shall include all of the following:
(a)
The identity of the person making the application and the identity of the law enforcement agency conducting the investigation.
(b)
A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.36 - Issuance of an order for a pen register or a trap and trace device.

968.36
Issuance of an order for a pen register or a trap and trace device.
(1)
Upon an application made under s. 968.35, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the applicant has certified to the court that the information likely to be obtained by the installation and use is relevant to an ongoing criminal investigation.
(2)
An order issued under this section shall do all of the following:
(a)
Specify the identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached.
(b)
Specify the identity, if known, of the person who is the subject of the criminal investigation.
(c)
Specify the number and, if known, the physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order.
(d)
Provide a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.
(e)
Direct, upon the request of the applicant, the furnishing of information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under s. 968.37.
(3)
An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.
(4)
Extensions of the order may be granted, but only upon an application for an order under s. 968.35 and upon the judicial finding required by sub. (1). The period of extension shall be for a period not to exceed 60 days.
(5)
An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(a)
The order be sealed until otherwise ordered by the court; and
(b)
The person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.37 - Assistance in the installation and use of a pen register or trap and trace device.

968.37
Assistance in the installation and use of a pen register or trap and trace device.
(1)
Upon the request of the attorney general, a district attorney or an officer of a law enforcement agency authorized to install and use a pen register under ss. 968.28 to 968.37, a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the investigative or law enforcement officer forthwith all information, facilities and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if the assistance is directed by a court order under s. 968.36 (5) (b).
(2)
Upon the request of the attorney general, a district attorney or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under ss. 968.28 to 968.37, a provider of a wire or electronic communication service, landlord, custodian or other person shall install the device forthwith on the appropriate line and shall furnish the investigative or law enforcement officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by a court order under s. 968.36 (5) (b). Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated by the court, at reasonable intervals during regular business hours for the duration of the order.
(3)
A provider of a wire or electronic communication service, landlord, custodian or other person who furnishes facilities or technical assistance under this section shall be reasonably compensated for the reasonable expenses incurred in providing the facilities and assistance.
(4)
No cause of action may lie in any court against any provider of a wire or electronic communication service, its officers, employees or agents or other specified persons for providing information, facilities or assistance in accordance with the terms of a court order under s. 968.36.
(5)
A good faith reliance on a court order, a legislative authorization or a statutory authorization is a complete defense against any civil or criminal action brought under ss. 968.28 to 968.37.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.40 - Grand jury.

968.40
Grand jury.
(1)
Selection of grand jury list. Any judge may, in writing, order the clerk of circuit court to select a grand jury list within a specified reasonable time. The clerk shall select from the prospective juror list for the county the names of not fewer than 75 nor more than 150 persons to constitute the prospective grand juror list. The list shall be kept secret.
(3)
Examination of prospective jurors. At the time set for the prospective grand jurors to appear, the judge shall and the district attorney or other prosecuting officer may examine the prospective jurors under oath or affirmation relative to their qualifications to serve as grand jurors and the judge shall excuse those who are disqualified, and may excuse others for any reason which seems proper to the judge.
(4)
Additional grand jurors. If after such examination fewer than 17 grand jurors remain, additional prospective jurors shall be selected, summoned and examined until there are at least 17 qualified jurors on the grand jury.
(6)
Time grand jurors to serve. Grand jurors shall serve for a period of 31 consecutive days unless more days are necessary to complete service in a particular proceeding. The judge may discharge the grand jury at any time.
(7)
Orders filed with clerk. All orders mentioned in this section shall be filed with the clerk of court.
(8)
Intercounty racketeering and crime. When a grand jury is convened pursuant to this section to investigate unlawful activity under s. 165.70, and such activity involves more than one county, including the county where the petition for such grand jury is filed, then if the attorney general approves, all expenses of such proceeding shall be charged to the appropriation under s. 20.455 (1) (d).
History:  1971 c. 125 s. 522 (1); 1977 c. 29 s. 1656 (27); 1977 c. 187 ss. 95, 135; 1977 c. 318; 1977 c. 447 s. 210; 1977 c. 449; Stats. 1977 s. 756.10; 1991 a. 39; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.40.
A claim of grand jury discrimination necessitates federal habeas corpus review. Rose v. Mitchell, 443 U.S. 545 (1979).
The Grand Jury in Wisconsin. Coffey & Richards. 58 MLR 517 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.41 - Oath or affirmation of grand jurors.

968.41
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 come before the grand jury; that they will keep all matters which 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.
History:  1975 c. 94 s. 91 (12); 1977 c. 187 s. 95; Stats. 1977 s. 756.11; Sup. Ct. Order No. 96-08,207 Wis. 2d xv (1997); Stats. 1997 s. 968.41.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.42 - Presiding juror and clerk.

968.42
Presiding juror and clerk.
The grand jury shall select from their number a presiding juror and a clerk. The clerk shall preserve the minutes of the proceedings before them and all exhibits.
History:  1977 c. 187 s. 95; Stats. 1977 s. 756.12; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.42.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.43 - Reporter; salary; assistant.

968.43
Reporter; salary; assistant.
(1)
Every grand jury shall when ordered by the judge ordering such grand jury, employ one or more reporters to attend their sessions and to make and transcribe a verbatim record of all proceedings had before them.
(2)
Before assuming the duties under this section, each reporter shall make and file an oath or affirmation faithfully to record and transcribe all of the proceedings before the grand jury and to keep secret the matters relative to the proceedings. Each reporter shall be paid out of the county treasury of the county in which the service is rendered such 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.
(3)
Any person who violates an oath or affirmation required by sub. (2) is guilty of a Class H felony.
History:  1977 c. 187 s. 95; Stats. 1977 s. 756.13; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.43.; 1997 a. 283; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.44 - Witnesses.

968.44
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 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.
History:  1977 c. 187 s. 95; 1977 c. 449; Stats. 1977 s. 756.14; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.44.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.45 - Witness rights; transcripts.

968.45
Witness rights; transcripts.
(1)
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, attorney for a witness or a grand juror 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 hearing shall be held upon notice with the burden upon the moving party to establish the conflict.
(2)
No grand jury transcript may be made public until the trial of anyone indicted by the grand jury and then only that portion of the transcript that is relevant and material to the case at hand. This subsection does not limit the defendant's rights to discovery under s. 971.23.
History:  1979 c. 291; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.45.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.46 - Secrecy.

968.46
Secrecy.
Notwithstanding s. 757.14, all motions, including but not limited to those for immunity or a privilege, brought by a prosecuting officer 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 bringing the motion or exercising the immunity or privilege so requests.
History:  1979 c. 291; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.46.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.47 - District attorney, when to attend.

968.47
District attorney, when to attend.
Whenever required by the grand jury it shall be the duty of the district attorney of the county to attend them for the purpose of examining witnesses in their presence or of giving them advice upon any legal matter, and to issue subpoenas and other process to bring up witnesses.
History:  1977 c. 187 s. 95; Stats. 1977 s. 756.15; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.47.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.48 - Attendance; absence; excuse; number required for grand jury session; number required to concur in indictment.

968.48
Attendance; absence; excuse; number required for grand jury session; number required to concur in 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. No business may be transacted at any session of the grand jury at which less than 14 members of the grand jury are in attendance and no indictment may be found by any grand jury unless at least 12 of their number shall concur in the indictment.
History:  1977 c. 187 s. 95; Stats. 1977 s. 756.16; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.48.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.49 - Fine for nonattendance.

968.49
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 $40, which shall be imposed by the court to which the person was summoned and shall be paid into the county treasury.
History:  Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.50 - Report progress and return indictments.

968.50
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.
History:  1977 c. 187 s. 95; Stats. 1977 s. 756.17; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.50.
A grand jury performs a judicial rather than a legislative function; therefore, a progress report unconnected to an indictment may not be made public. State ex rel. Caledonia v. Racine County Ct. 78 Wis. 2d 429, 254 N.W.2d 317 (1977).
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.505 - Procedure upon discharge of grand jury.

968.505
Procedure upon discharge of grand jury.
When the grand jury is discharged the clerk shall collect all transcripts of testimony, minutes of proceedings, exhibits and other records of the grand jury, and deliver them as the jury directs either to the attorney general or to the district attorney, or upon approval of the court deliver them to the clerk of the court who shall impound them subject to the further order or orders of the court.
History:  1977 c. 187 s. 95; Stats. 1977 s. 756.18; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.505; 1997 a. 35 s. 586.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.51 - Indictment not to be disclosed.

968.51
Indictment not to be disclosed.
No grand juror or officer of the court, if the court shall so order, shall disclose the fact that any indictment for a felony has been found against any person not in custody or under recognizance, otherwise than by issuing or executing process on such indictment, until such person has been arrested.
History:  1977 c. 187 s. 95; Stats. 1977 s. 756.19; Sup. Ct. Order, No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.51.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.52 - Votes not to be disclosed.

968.52
Votes not to be disclosed.
No grand juror may be allowed to state or testify in any court in what manner he or she or any other member of the jury voted on any question before them, or what opinion was expressed by any juror in relation to the question.
History:  1977 c. 187 s. 95; Stats. 1977 s. 756.20; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.52.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.53 - When testimony may be disclosed.

968.53
When testimony may be disclosed.
Members of the grand jury and any grand jury reporter may be required by any court 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 may also be required 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 transcript of testimony taken before the grand jury and certified by a grand jury reporter to have been carefully compared by the reporter with his or her minutes of testimony so taken and to be a true and correct transcript of all or a specified portion of the transcript, may be received in evidence with 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.
History:  1977 c. 187 s. 95; Stats. 1977 s. 756.21; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.53.
2023 Wisconsin Statutes & Annotations › Chapter 969 - Bail and other conditions of release. › 969.001 - Definitions.

969.001
Definitions.
In this chapter:
(1)
“Bail" means monetary conditions of release.
(2m)
“Serious harm" means any of the following:
(a)
Personal physical pain or injury, illness, any impairment of physical condition, or death, including mental anguish or emotional harm attendant to the personal physical pain or injury, illness, or death.
(b)
Damage to property over $2,500 in value.
(c)
Economic loss over $2,500 in value.
(3)
“Violent crime” means any of the following:
(a)
A crime specified under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09 (1), 940.10, 940.11, 940.12, 940.19 (1), (2), (4), (5), or (6), 940.195 (1), (2), (4), (5), or (6), 940.198 (2) or (3), 940.20, 940.201 (2), 940.203 (2), 940.204, 940.205 (2), 940.207 (2), 940.208, 940.21, 940.225 (1), (2), or (3), 940.23, 940.235, 940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305, 940.31, 940.32, 940.43, 940.45, 941.20, 941.21, 941.28, 941.2905, 941.292, 941.30, 941.327, 941.38 (2) or (3), 941.39, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10, 943.231 (1) or (2), 943.30, 943.32, 943.87, 946.43, 947.013, 947.015, 948.02 (1) or (2), 948.025, 948.03 (2), (3), or (5), 948.04, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.095, 948.30 (2), 948.55, 951.02, 951.08, or 951.09.
(b)
A felony violation of s. 941.26.
(c)
A violation of s. 813.12, 813.122, or 813.125.
(d)
The solicitation, conspiracy, or attempt, under s. 939.30, 939.31, or 939.32, to commit a Class A felony.
(e)
A violation to which a penalty enhancer specified in s. 939.621 or 939.63 (1) may be applied.
History:  1981 c. 183; 1987 a. 399; 2023 a. 3, 10.
2023 Wisconsin Statutes & Annotations › Chapter 969 - Bail and other conditions of release. › 969.04 - Surety may satisfy default.

969.04
Surety may satisfy default.
Any surety may, after default, pay to the clerk of the court the amount for which the surety was bound, or such lesser sum as the court, after notice and hearing, may direct, and thereupon be discharged.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 969 - Bail and other conditions of release. › 969.05 - Endorsement of bail upon warrants.

969.05
Endorsement of bail upon warrants.
(1)
In misdemeanor actions, the judge who issues a warrant may endorse upon the warrant the amount of bail.
(2)
The amount and method of posting bail may be endorsed upon felony warrants.
History:  1981 c. 183.
2023 Wisconsin Statutes & Annotations › Chapter 969 - Bail and other conditions of release. › 969.065 - Judicial conference; bail alternatives.

969.065
Judicial conference; bail alternatives.
The judicial conference shall develop guidelines for cash bail for persons accused of misdemeanors which the supreme court shall adopt by rule. The guidelines shall relate primarily to individuals. The guidelines may be revised from time to time under this section.
History:  1981 c. 183.
The constitutionality of this section is upheld. Demmith v. Wisconsin Judicial Conference, 166 Wis. 2d 649, 480 N.W.2d 502 (1992).
2023 Wisconsin Statutes & Annotations › Chapter 969 - Bail and other conditions of release. › 969.07 - Taking of bail by law enforcement officer.

969.07
Taking of bail by law enforcement officer.
When bail has been set for a particular defendant, any law enforcement officer may take bail in accordance with s. 969.02 and release the defendant to appear in accordance with the conditions of the appearance bond. Bail shall not be required of a defendant who has been cited for commission of a misdemeanor in accordance with s. 968.085. The law enforcement officer shall give a receipt to the defendant for the bail so taken and within a reasonable time deposit the bail with the clerk of court before whom the defendant is to appear. Bail taken by a law enforcement officer may be taken only at a sheriff's office or police station. The receipts shall be numbered serially and shall be in triplicate, one copy for the defendant, one copy to be filed with the clerk and one copy to be filed with the police or sheriff's department which takes the bail. This section does not require the release of a defendant from custody when an officer is of the opinion that the defendant is not in a fit condition to care for his or her own safety or would constitute, because of his or her physical condition, a danger to the safety of others. If a defendant is not released under this section, s. 970.01 shall apply.
History:  1981 c. 183; 1983 a. 433.
Law enforcement officers may be authorized by court rule to accept surety bonds for, or, under specified circumstances, 10 percent cash deposits of, the amount listed in a misdemeanor bail schedule when an accused cannot be promptly taken before a judge for bail determination. However, such rules may not afford officers discretion as to the amount or form of bail an accused individual must post. 63 Atty. Gen. 241.
Officers may validly deny bail to a misdemeanant under this section. 75 Atty. Gen. 209.
Neither a county nor a county sheriff possesses statutory authority to use county funds to establish a revolving bail fund for the purpose of making loans to persons allowing them to post bail for certain kinds of offenses for which they are booked into the county jail. OAG 1-09.
2023 Wisconsin Statutes & Annotations › Chapter 969 - Bail and other conditions of release. › 969.09 - Conditions of bond.

969.09
Conditions of bond.
(1)
If a defendant is admitted to bail before sentencing the conditions of the bond shall include, without limitation, the requirements that the defendant will appear in the court having jurisdiction on a day certain and thereafter as ordered until discharged on final order of the court and that the defendant will submit to the orders and process of the court.
(2)
If the defendant is admitted to bail upon appeal, the conditions of the bond shall be that the defendant will duly prosecute the defendant's appeal, that the defendant will appear at such time and place as the court directs, and that if the judgment is affirmed or reversed and remanded for a new trial or further proceedings upon notice after remittitur, the defendant will surrender to the sheriff of the county in which the defendant was tried.
(3)
A defendant shall receive a copy of the bond which the defendant executes pursuant to this chapter.
History:  1993 a. 486; 1995 a. 225.
A petition for a writ of habeas corpus properly named the state department with custody of probationers, rather than the sheriff, as the respondent if the petitioner was released on bail pending appeal. Dreske v. DHSS, 483 F. Supp. 783 (1980).
2023 Wisconsin Statutes & Annotations › Chapter 969 - Bail and other conditions of release. › 969.10 - Notice of change of address.

969.10
Notice of change of address.
A person who has been released on bail or other conditions shall give written notice to the clerk of any change in his or her address within 48 hours after the change. This requirement shall be printed on all bonds.
History:  1981 c. 183.
2023 Wisconsin Statutes & Annotations › Chapter 969 - Bail and other conditions of release. › 969.11 - Release upon arrest in another county.

969.11
Release upon arrest in another county.
(1)
If the defendant is arrested in a county other than the county in which the offense was committed, he or she shall, without unreasonable delay, either be brought before a judge of the county in which arrested for the purpose of setting bail or other conditions of release or be returned to the county in which the offense was committed. The judge shall release him or her on conditions imposed in accordance with this chapter to appear before a court in the county in which the offense was committed at a specified time and place.
(2)
If the defendant is released on bail or other conditions pursuant to sub. (1), the judge shall make a record of the proceedings and shall certify his or her minutes thereof and shall forward the bond and bail to the court before whom the defendant is bound to appear.
History:  1981 c. 183.
2023 Wisconsin Statutes & Annotations › Chapter 969 - Bail and other conditions of release. › 969.12 - Sureties.

969.12
Sureties.
(1)
Every surety under this chapter, except a surety under s. 345.61, shall be a resident of the state.
(2)
A surety under this chapter shall be a natural person, except a surety under s. 345.61. No surety under this chapter may be compensated for acting as such a surety.
(3)
A court may require a surety to justify by sworn affidavit that the surety is worth the amount specified in the bond exclusive of property exempt from execution. The surety shall provide such evidence of financial responsibility as the judge requires. The court may at any time examine the sufficiency of the bail in such manner as it deems proper, and in all cases the state may challenge the sufficiency of the surety.
History:  1979 c. 34; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 969 - Bail and other conditions of release. › 969.14 - Surrender of principal by surety.

969.14
Surrender of principal by surety.
(1)
When the sureties desire to be discharged from the obligations of their bond, they may arrest the principal and deliver the principal to the sheriff of the county in which the action against the principal is pending.
(2)
The sureties shall, at the time of surrendering the principal, deliver to the sheriff a certified copy of the original warrant and of the order admitting the principal to bail and of the bond thereon; such delivery of these documents shall be sufficient authority for the sheriff to receive and retain the principal until the principal is otherwise bailed or discharged.
(3)
Upon the delivery of the principal as provided herein, the sureties may apply to the court for an order discharging them from liability as sureties; and upon satisfactory proof being made that this section has been complied with the court shall make an order discharging them from liability.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 970 - Criminal procedure — preliminary proceedings. › 970.01 - Initial appearance before a judge.

970.01
Initial appearance before a judge.
(1)
Any person who is arrested shall be taken within a reasonable time before a judge in the county in which the offense was alleged to have been committed. The initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. If the initial appearance is conducted by telephone or live audiovisual means, the person may waive physical appearance. Waiver of physical appearance shall be placed on the record of the initial appearance and does not waive other grounds for challenging the court's personal jurisdiction. If the person does not waive physical appearance, conducting the initial appearance by telephone or live audiovisual means under s. 967.08 does not waive any grounds that the person has for challenging the court's personal jurisdiction.
(2)
When a person is arrested without a warrant and brought before a judge, a complaint shall be filed forthwith.
History:  Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 403; 1995 a. 27.
Judicial Council Note, 1988: Sub. (1) is amended to authorize the arrested person to waive physical appearance and request that the initial appearance be conducted on the record by telephone or live audio-visual means. [Re Order effective Jan. 1, 1988]
The interval between an arrest and an initial appearance is never unreasonable when the arrested suspect is already in the lawful physical custody of the state. State v. Harris, 174 Wis. 2d 367, 497 N.W.2d 742 (Ct. App. 1993).
The rule that a judicial determination of probable cause must be made within 48 hours of a warrantless arrest applies to Wisconsin; failure to comply did not require suppression of evidence not obtained because of the delay when probable cause for arrest was present. State v. Koch, 175 Wis. 2d 684, 499 N.W.2d 153 (1993).
Failure to conduct a probable cause hearing within 48 hours of arrest is not a jurisdictional defect and not grounds for dismissal with prejudice or voiding of a subsequent conviction unless the delay prejudiced the defendant's right to present a defense. State v. Golden, 185 Wis. 2d 763, 519 N.W.2d 659 (Ct. App. 1994).
A person taken into custody on a probation hold while an investigation is made to determine if a probation violation has occurred is not under arrest and not subject to the requirement of a probable cause hearing within 48 hours of a warrantless arrest. State v. Martinez, 198 Wis. 2d 222, 542 N.W.2d 215 (Ct. App. 1995), 94-3006.
A determination of probable cause made within 48 hours of a warrantless arrest generally meets the promptness requirement; if a hearing is held more than 48 hours following an arrest the burden shifts to the government to demonstrate an emergency or extraordinary circumstances. County of Riverside v. McLaughlin, 500 U.S. 44, 111 S. Ct. 1661, 114 L. Ed. 2d 49 (1991).
2023 Wisconsin Statutes & Annotations › Chapter 970 - Criminal procedure — preliminary proceedings. › 970.035 - Preliminary examination; juvenile younger than 15 years old.

970.035
Preliminary examination; juvenile younger than 15 years old.
Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the juvenile be discharged but proceedings may be brought regarding the juvenile under ch. 938.
History:  1987 a. 27; 1993 a. 98; 1995 a. 77, 448; 1997 a. 35, 205.
2023 Wisconsin Statutes & Annotations › Chapter 970 - Criminal procedure — preliminary proceedings. › 970.038 - Preliminary examination; hearsay exception.

970.038
Preliminary examination; hearsay exception.
(1)
Notwithstanding s. 908.02, hearsay is admissible in a preliminary examination under ss. 970.03, 970.032, and 970.035.
(2)
A court may base its finding of probable cause under s. 970.03 (7) or (8), 970.032 (2), or 970.035 in whole or in part on hearsay admitted under sub. (1).
History:  2011 a. 285.
This section is constitutional. The scope of preliminary examinations is limited to determining whether there is probable cause to believe that a defendant has committed a felony. There is no constitutional right to confrontation at a preliminary examination. Further, due to the limited scope of preliminary examinations, the admission of hearsay evidence does not violate petitioners' rights to compulsory process, effective assistance of counsel, or due process. State v. O'Brien, 2014 WI 54, 354 Wis. 2d 753, 850 N.W.2d 8, 12-1769.
Application of this section, which first became effective after the date of the alleged offense, did not constitute an ex post facto violation because it affects only the evidence that may be admitted at the preliminary hearing and does not alter the quantum or nature of evidence necessary to convict the defendant. State v. Hull, 2015 WI App 46, 363 Wis. 2d 603, 867 N.W.2d 419, 14-0365.
2023 Wisconsin Statutes & Annotations › Chapter 970 - Criminal procedure — preliminary proceedings. › 970.04 - Second examination.

970.04
Second examination.
If a preliminary examination has been had and the defendant has been discharged, the district attorney may file another complaint if the district attorney has or discovers additional evidence.
History:  1993 a. 486.
If the state has no additional new or unused evidence upon which to base a second complaint, a preliminary examination order discharging a defendant is appealable. Wittke v. State ex rel. Smith, 80 Wis. 2d 332, 259 N.W.2d 515 (1977).
When a first preliminary examination became chaotic, the prosecution properly abandoned the proceedings before presenting all its evidence and reissued the complaint. State v. Brown, 96 Wis. 2d 258, 291 N.W.2d 538 (1980).
The state is not barred from recharging a defendant, whether or not it has new evidence. State v. Hoffman, 106 Wis. 2d 185, 316 N.W.2d 143 (Ct. App. 1982).
This section allows for issuance of a second complaint if the district attorney has evidence that was not used at the first preliminary hearing. “Unused" evidence in the context of a preliminary hearing means unused by the court in reaching its decision whether to bind the defendant over for trial. State v. Twaite, 110 Wis. 2d 214, 327 N.W.2d 700 (1983).
A complaint may be reissued when “new or unused" evidence would support a finding of probable cause. What constitutes new or unused evidence is not easily definable, but it is not evidence that is merely cumulative or corroborative and is determined by applying common sense. State v. Johnson, 231 Wis. 2d 58, 604 N.W.2d 902 (Ct. App. 1999), 98-2881.
This section specifically limits the availability of a second preliminary examination and precludes a request for a de novo hearing under the more general s. 757.69 (8). State v. Gillespie, 2005 WI App 35, 278 Wis. 2d 630, 693 N.W.2d 320, 04-1758.
2023 Wisconsin Statutes & Annotations › Chapter 970 - Criminal procedure — preliminary proceedings. › 970.05 - Testimony at preliminary examination; payment for transcript of testimony.

970.05
Testimony at preliminary examination; payment for transcript of testimony.
(1)
The testimony at the preliminary examination shall be transcribed if requested by the district attorney, the defendant or an attorney representing the defendant or ordered by the judge to whom the trial is assigned. The reporter shall file such transcript with the clerk within 10 days after it is requested.
(2)
(a)
When a transcript is requested under sub. (1) by someone other than a person specified in par. (b) or (c), the county shall pay the cost of the original and any additional copies shall be paid for at the statutory rate by the party requesting the copies.
(b)
When a transcript is requested under sub. (1) by the state public defender or by a private attorney appointed under s. 977.08, the state public defender shall pay the cost of the original from the appropriation under s. 20.550 (1) (a) and any additional copies shall be paid for at the statutory rate by the party requesting the copies.
(c)
When a transcript is requested under sub. (1) by a defendant who is not indigent under ch. 977 or by an attorney retained by a defendant who is not indigent under ch. 977, the defendant shall pay the cost of the original and any additional copies shall be paid for at the statutory rate by the party requesting the copies.
History:  1993 a. 437; 1995 a. 199; 2017 a. 59.
Counsel is not entitled to a free copy of the transcript if the original is reasonably available. State v. Schneidewind, 47 Wis. 2d 110, 176 N.W.2d 303 (1970).
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.01 - Filing of the information.

971.01
Filing of the information.
(1)
The district attorney shall examine all facts and circumstances connected with any preliminary examination touching the commission of any crime if the defendant has been bound over for trial and, subject to s. 970.03 (10), shall file an information according to the evidence on such examination subscribing his or her name thereto.
(2)
The information shall be filed with the clerk within 30 days after the completion of the preliminary examination or waiver thereof except that the district attorney may move the court wherein the information is to be filed for an order extending the period for filing such information for cause. Notice of such motion shall be given the defendant. Failure to file the information within such time shall entitle the defendant to have the action dismissed without prejudice.
History:  1993 a. 486.
The failure to file the information is not a mere matter of form, but is grounds for dismissal under sub. (2). State v. Woehrer, 83 Wis. 2d 696, 266 N.W.2d 366 (1978).
The 30-day limit under sub. (2) does not apply to service on the defendant; only filing with the clerk. State v. May, 100 Wis. 2d 9, 301 N.W.2d 458 (Ct. App. 1980).
If a challenge is not to the bindover decision, but to a specific charge in the information, the trial court's review is limited to whether the district attorney abused his or her discretion in issuing the charge. State v. Hooper, 101 Wis. 2d 517, 305 N.W.2d 110 (1981).
The prosecutor may include charges in the information for which no direct evidence was presented at the preliminary examination, as long as the additional charges are not wholly unrelated to the original charge. State v. Burke, 153 Wis. 2d 445, 451 N.W.2d 739 (1990). See also State v. Richer, 174 Wis. 2d 231, 496 N.W.2d 66 (1993).
A preliminary examination is completed for purposes of sub. (2) when the court finishes scrutinizing the evidence and renders a bindover decision. State v. Phillips, 2000 WI App 184, 238 Wis. 2d 279, 617 N.W.2d 522, 99-3197.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.02 - Preliminary examination; when prerequisite to an information or indictment.

971.02
Preliminary examination; when prerequisite to an information or indictment.
(1)
If the defendant is charged with a felony in any complaint, including a complaint issued under s. 968.26, or when the defendant has been returned to this state for prosecution through extradition proceedings under ch. 976, or any indictment, no information or indictment shall be filed until the defendant has had a preliminary examination, unless the defendant waives such examination in writing or in open court or unless the defendant is a corporation or limited liability company. The omission of the preliminary examination shall not invalidate any information unless the defendant moves to dismiss prior to the entry of a plea.
(2)
Upon motion and for cause shown, the trial court may remand the case for a preliminary examination. “Cause" means:
(a)
The preliminary examination was waived; and
(b)
Defendant did not have advice of counsel prior to such waiver; and
(c)
Defendant denies that probable cause exists to hold him or her for trial; and
(d)
Defendant intends to plead not guilty.
History:  1973 c. 45; 1993 a. 112, 486.
An objection to the sufficiency of a preliminary examination is waived if it is not raised prior to pleading. Wold v. State, 57 Wis. 2d 344, 204 N.W.2d 482 (1973).
When the defendant waived a preliminary examination and wished to plead, but the information was not ready and was only orally read into the record, the defendant was not harmed by the acceptance of the plea before the filing of the information. Larson v. State, 60 Wis. 2d 768, 211 N.W.2d 513 (1973).
The scope of cross-examination by the defense was properly limited at the preliminary hearing. State v. Russo, 101 Wis. 2d 206, 303 N.W.2d 846 (Ct. App. 1981).
The denial of a preliminary examination to a corporation is constitutional. State v. C&S Management, Inc., 198 Wis. 2d 844, 544 N.W.2d 237 (Ct. App. 1995), 94-3188.
A preliminary hearing to determine probable cause for detention pending further proceedings is not a “critical stage" in a prosecution requiring appointed counsel. Gerstein v. Pugh, 420 U.S. 103, 95 S. Ct. 854, 43 L. Ed. 2d 54 (1975).
Preliminary Examination Potential. Dean. 58 MLR 159 (1975).
The Grand Jury in Wisconsin. Coffey & Richards. 58 MLR 517 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.025 - Forms.

971.025
Forms.
(1)
In all criminal actions and proceedings and actions and proceedings under chapters 48 and 938 in circuit court, the parties and court officials shall use the standard court forms adopted by the judicial conference under s. 758.18 (1), commencing the date on which the forms are adopted. If an applicable court form has been adopted under s. 758.18 (2), that form may be used in lieu of the standard court form.
(2)
A party or court official may supplement a court form with additional material.
(3)
A court may not dismiss a case, refuse a filing or strike a pleading for failure of a party to use a standard court form under sub. (1) or to follow format rules but shall require the party to submit, within 10 days, a corrected form and may impose statutory fees or costs or both.
(4)
If the judicial conference does not create a standard court form for an action or pleading undertaken by a party or court official, the party or court official may use a format consistent with any statutory or court requirement for the action or pleading.
History:  Sup. Ct. Order No. 98-01, 228 Wis. 2d xiii (2000); Sup. Ct. Order No. 05-02, 2005 WI 41, 278 Wis. 2d xxxv.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.027 - Protected information.

971.027
Protected information.
The provisions of ss. 801.19 to 801.21 are applicable in criminal cases.
History:  Sup. Ct. Order No. 14-04, 2015 WI 89, 364 Wis. 2d xv.
2023 Wisconsin Statutes & Annotations › Chapter 971 - Criminal procedure — proceedings before and at trial. › 971.03 - Form of information.

971.03
Form of information.
The information may be in the following form:
STATE OF WISCONSIN,
.... County,
In .... Court.
The State of Wisconsin
vs.
.... (Name of defendant).
I, .... district attorney for said county, hereby inform the court that on the .... day of ...., in the year .... (year), at said county the defendant did (state the crime) .... contrary to section .... of the statutes.
Dated ...., .... (year),
.... District Attorney
History:  1997 a. 250.
An information charging attempt is sufficient if it alleges the attempt plus the elements of the attempted crime. Wilson v. State, 59 Wis. 2d 269, 208 N.W.2d 134 (1973).
When a victim's name was correctly spelled in the complaint but wrong on the information, the variance was immaterial. State v. Bagnall, 61 Wis. 2d 297, 212 N.W.2d 122 (1973).
The law does not require that the information specify with particularity upon which dates the course of conduct occurred. In drafting an information, the state should not have to spell out every act that would comprise an element of the crime. Instead, allegations of the elements of the crime charged will suffice. State v. Conner, 2009 WI App 143, 321 Wis. 2d 449, 775 N.W.2d 105, 08-1296.
While citation to a specific statute may be the preferred practice, failure to specifically cite to a statute in the information and complaint is harmless error when there is no prejudice to the defendant. State v. Elverman, 2015 WI App 91, 366 Wis. 2d 169, 873 N.W.2d 528, 14-0354.