| 1 | 1 | | 2025 - 2026 LEGISLATURE |
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| 2 | 2 | | LRB-2539/1 |
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| 3 | 3 | | SWB:cdc |
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| 4 | 4 | | 2025 SENATE BILL 191 |
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| 5 | 5 | | April 14, 2025 - Introduced by Senators JAMES, NASS, TOMCZYK and WANGGAARD, |
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| 6 | 6 | | cosponsored by Representatives GOEBEN, ARMSTRONG, BEHNKE, DITTRICH, |
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| 7 | 7 | | KREIBICH, MURPHY, MURSAU, O'CONNOR, PIWOWARCZYK and SUBECK. |
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| 8 | 8 | | Referred to Committee on Judiciary and Public Safety. |
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| 9 | 9 | | AN ACT to create 885.035 of the statutes; relating to: requiring a subpoena to |
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| 10 | 10 | | a law enforcement officer or tribal law enforcement officer served in official |
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| 11 | 11 | | capacity to be served at the officer[s work address. |
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| 12 | 12 | | Analysis by the Legislative Reference Bureau |
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| 13 | 13 | | Under current law, a subpoena may generally be served by any person by |
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| 14 | 14 | | exhibiting and reading it to the witness, by giving the witness a copy of the |
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| 15 | 15 | | subpoena, or by leaving a copy of the subpoena at the witness[s home. This bill |
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| 16 | 16 | | modifies the procedure with respect to law enforcement officers and tribal law |
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| 17 | 17 | | enforcement officers served in an official capacity, requiring that a subpoena may |
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| 18 | 18 | | be served upon a law enforcement officer or tribal law enforcement officer in the |
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| 19 | 19 | | officer[s official capacity as a law enforcement officer or tribal law enforcement |
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| 20 | 20 | | officer only at the officer[s work address by exhibiting and reading it to the officer, |
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| 21 | 21 | | by giving the officer a copy of the subpoena, or by leaving a copy of the subpoena at |
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| 22 | 22 | | the officer[s work address. |
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| 23 | 23 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 24 | 24 | | enact as follows: |
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| 25 | 25 | | SECTION 1. 885.035 of the statutes is created to read: |
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| 26 | 26 | | 1 |
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| 27 | 27 | | 2 |
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| 28 | 28 | | 3 |
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| 29 | 29 | | 4 2025 - 2026 Legislature |
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| 30 | 30 | | SENATE BILL 191 |
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| 31 | 31 | | - 2 - LRB-2539/1 |
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| 32 | 32 | | SWB:cdc |
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| 33 | 33 | | SECTION 1 |
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| 34 | 34 | | 885.035 Service of subpoena to law enforcement officer. (1) In this |
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| 35 | 35 | | section: |
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| 36 | 36 | | (a) XLaw enforcement officerY has the meaning given in s. 165.85 (2) (c). |
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| 37 | 37 | | (b) XTribal law enforcement officerY has the meaning given in s. 165.85 (2) (g). |
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| 38 | 38 | | (2) Notwithstanding s. 885.03, a subpoena to be served upon a law |
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| 39 | 39 | | enforcement officer or tribal law enforcement officer in the officer[s official capacity |
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| 40 | 40 | | as a law enforcement officer or tribal law enforcement officer may be served only at |
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| 41 | 41 | | the law enforcement officer[s or tribal law enforcement officer[s work address. The |
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| 42 | 42 | | subpoena may be served by exhibiting and reading it to the officer, by giving the |
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| 43 | 43 | | officer a copy thereof, or by leaving a copy at the officer[s work address. |
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| 44 | 44 | | (END) |
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