LRB-0793/1
CMH:cdc
2021 - 2022 LEGISLATURE
March 5, 2021 - Introduced by Representatives L. Myers, Bowen,
Haywood,
Stubbs, Baldeh, Drake, Moore Omokunde, Hong, Snodgrass, Shelton,
Ortiz-Velez, Hebl, Conley, Subeck, Sinicki, Anderson, Hesselbein,
Cabrera, Shankland and Neubauer, cosponsored by Senators L. Taylor,
Johnson, Roys and Erpenbach. Referred to Committee on Criminal Justice
and Public Safety.
AB137,1,4
1An Act to renumber 968.14;
to amend 968.14 (title); and
to create 968.14 (1)
2of the statutes;
relating to: prohibiting no-knock search warrants and
3limiting the execution of a search warrant to the hours between 6 a.m. and 10
4p.m.
Analysis by the Legislative Reference Bureau
Under current law, a law enforcement officer executing a search warrant must
knock and announce before entering unless, at the time the warrant is executed, the
law enforcement officer has a reasonable suspicion that knocking and announcing
will be dangerous or futile or will inhibit the effective investigation of the crime. This
bill requires that a law enforcement officer executing a search warrant must, before
entering the premises, identify himself or herself as a law enforcement officer and
announce the authority and purpose of the entry.
Under the bill, a law enforcement officer may execute a search warrant only
between the hours of 6 a.m. and 10 p.m. unless a judge authorizes the execution of
the search warrant at another time for good cause.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB137,1
5Section
1. 968.14 (title) of the statutes is amended to read:
AB137,2,1
1968.14 (title)
Use Announcement requirement and use of force.
AB137,2
2Section
2. 968.14 of the statutes is renumbered 968.14 (2).
AB137,3
3Section
3. 968.14 (1) of the statutes is created to read:
AB137,2,64
968.14
(1) When executing a search warrant, a law enforcement officer may not
5enter the premises subject to the warrant without first identifying that he or she is
6a law enforcement officer and announcing the authority and purpose of the entry.
AB137,4
7Section
4. 968.15 (3) of the statutes is created to read:
AB137,2,108
968.15
(3) A law enforcement officer may execute a search warrant only
9between the hours of 6 a.m. and 10 p.m. unless a judge authorizes the execution of
10the search warrant at another time for good cause shown.
AB137,5
11Section
5.
Initial applicability.
AB137,2,1312
(1) The treatment of s. 968.15 (3) first applies to search warrants issued on the
13effective date of this subsection.
