CHAPTER 968
COMMENCEMENT OF CRIMINAL PROCEEDINGS
968.01   Complaint.
968.02   Issuance and filing of complaints.
968.03   Dismissal or withdrawal of complaints.
968.04   Warrant or summons on complaint.
968.05   Corporations or limited liability companies: summons in criminal cases.
968.06   Indictment by grand jury.
968.07   Arrest by a law enforcement officer.
968.073   Recording custodial interrogations.
968.075   Domestic abuse incidents; arrest and prosecution.
968.08   Release by law enforcement officer of arrested person.
968.085   Citation; nature; issuance; release of accused.
968.09   Warrant on failure to appear.
968.10   Searches and seizures; when authorized.
968.11   Scope of search incident to lawful arrest.
968.12   Search warrant.
968.13   Search warrant; property subject to seizure.
968.135   Subpoena for documents.
968.14   Use of force.
968.15   Search warrants; when executable.
968.16   Detention and search of persons on premises.
968.17   Return of search warrant.
968.18   Receipt for seized property.
968.19   Custody of property seized.
968.20   Return of property frozen or seized.
968.205   Preservation of certain evidence.
968.21   Search warrant; secrecy.
968.22   Effect of technical irregularities.
968.23   Forms.
968.24   Temporary questioning without arrest.
968.25   Search during temporary questioning.
968.255   Strip searches.
968.256   Search of physically disabled person.
968.26   John Doe proceeding.
968.265   Lie detector tests; sexual assault victims.
968.27   Definitions.
968.28   Application for court order to intercept communications.
968.29   Authorization for disclosure and use of intercepted wire, electronic or oral communications.
968.30   Procedure for interception of wire, electronic or oral communications.
968.31   Interception and disclosure of wire, electronic or oral communications prohibited.
968.32   Forfeiture of contraband devices.
968.33   Reports concerning intercepted wire or oral communications.
968.34   Use of pen register or trap and trace device restricted.
968.35   Application for 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.
968.37   Assistance in the installation and use of a pen register or trap and trace device.
968.373   Warrant to track a communications device.
968.375   Subpoenas and warrants for records or communications of customers of an electronic communication service or remote computing service provider.
968.38   Testing for HIV infection and certain diseases.
968.40   Grand jury.
968.41   Oath or affirmation of grand jurors.
968.42   Presiding juror and clerk.
968.43   Reporter; salary; assistant.
968.44   Witnesses.
968.45   Witness rights; transcripts.
968.46   Secrecy.
968.47   District attorney, when to attend.
968.48   Attendance; absence; excuse; number required for grand jury session; number required to concur in indictment.
968.49   Fine for nonattendance.
968.50   Report progress and return indictments.
968.505   Procedure upon discharge of grand jury.
968.51   Indictment not to be disclosed.
968.52   Votes not to be disclosed.
968.53   When testimony may be disclosed.
Ch. 968 Cross-reference Cross-reference: See definitions in s. 967.02.
968.01 968.01 Complaint.
968.01(1)(1)In this section:
968.01(1)(a) (a) “Electronic" has the meaning given in s. 137.11 (5).
968.01(1)(b) (b) “Electronic signature" has the meaning given in s. 801.18 (1) (f).
968.01(1)(c) (c) “Facsimile machine" has the meaning given in s. 134.72 (1) (a).
968.01(2) (2)The complaint is a written statement of the essential facts constituting the offense charged. A person may make a complaint on information and belief. Except as provided in sub. (3) or (4), the complaint shall be made upon oath before a district attorney or judge as provided in this chapter.
968.01(3) (3)A person may comply with sub. (2) if he or she makes the oath by telephone contact with the district attorney or judge, signs the statement and immediately thereafter transmits a copy of the signed statement to the district attorney or judge using a facsimile machine. The person shall also transmit the original signed statement, without using a facsimile machine, to the district attorney or judge. If the complaint is filed, both the original and the copy shall be filed under s. 968.02 (2).
968.01(4) (4)A person may comply with sub. (2) if he or she makes the oath by telephone contact with the district attorney or judge and immediately thereafter electronically transmits the statement, accompanied by the person's electronic signature, to the district attorney or judge. If the complaint is filed, the electronically transmitted statement shall be incorporated into a criminal complaint filed in either an electronic or paper format under s. 968.02 (2).
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 210 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on May 17, 2024. Published and certified under s. 35.18. Changes effective after May 17, 2024, are designated by NOTES. (Published 5-17-24)