2025 - 2026 LEGISLATURE
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2025 SENATE BILL 191
April 14, 2025 - Introduced by Senators JAMES, NASS, TOMCZYK and WANGGAARD,
cosponsored by Representatives GOEBEN, ARMSTRONG, BEHNKE, DITTRICH,
KREIBICH, MURPHY, MURSAU, O'CONNOR, PIWOWARCZYK and SUBECK.
Referred to Committee on Judiciary and Public Safety.
AN ACT to create 885.035 of the statutes; relating to: requiring a subpoena to
a law enforcement officer or tribal law enforcement officer served in official
capacity to be served at the officer[s work address.
Analysis by the Legislative Reference Bureau
Under current law, a subpoena may generally be served by any person by
exhibiting and reading it to the witness, by giving the witness a copy of the
subpoena, or by leaving a copy of the subpoena at the witness[s home. This bill
modifies the procedure with respect to law enforcement officers and tribal law
enforcement officers served in an official capacity, requiring that a subpoena may
be served upon a law enforcement officer or tribal law enforcement officer in the
officer[s official capacity as a law enforcement officer or tribal law enforcement
officer only at the officer[s work address by exhibiting and reading it to the officer,
by giving the officer a copy of the subpoena, or by leaving a copy of the subpoena at
the officer[s work address.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 885.035 of the statutes is created to read:
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4 2025 - 2026 Legislature
SENATE BILL 191
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SECTION 1
885.035 Service of subpoena to law enforcement officer. (1) In this
section:
(a) XLaw enforcement officerY has the meaning given in s. 165.85 (2) (c).
(b) XTribal law enforcement officerY has the meaning given in s. 165.85 (2) (g).
(2) Notwithstanding s. 885.03, a subpoena to be served upon a law
enforcement officer or tribal law enforcement officer in the officer[s official capacity
as a law enforcement officer or tribal law enforcement officer may be served only at
the law enforcement officer[s or tribal law enforcement officer[s work address. The
subpoena may be served by exhibiting and reading it to the officer, by giving the
officer a copy thereof, or by leaving a copy at the officer[s work address.
(END)
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