Amendment SSA1-SB191

2025 - 2026 LEGISLATURE

LRBs0041/1

MJW:skw

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 191

May 5, 2025 - Offered by Senator James.

SB191-SSA1,1,3 An Act to amend 972.11 (1); to create 885.035, 971.23 (12) and 972.11 (5) of the statutes; relating to: requiring a subpoena to certain officials to be served at the official’s work address.

Analysis by the Legislative Reference Bureau

Under current law, a person may generally serve a subpoena 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 a law enforcement officer, tribal law enforcement officer, public officer, or public employee who will be called to testify about actions taken in an official capacity. Under the bill, such a subpoena may only be served to the law enforcement officer, tribal law enforcement officer, public officer, or public employee at the person’s work address.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB191-SSA1,1 Section 1. 885.035 of the statutes is created to read:

SB191-SSA1,2,2 885.035 Service of subpoena to a law enforcement officer or public officer or employee. (1) In this section:

SB191-SSA1,2,3 (a) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

SB191-SSA1,2,5 (b) “Public officer” and “public employee” have the meaning given in s. 939.22 (30).

SB191-SSA1,2,6 (c) “Tribal law enforcement officer” has the meaning given in s. 165.85 (2) (g).

SB191-SSA1,2,14 (2) Notwithstanding s. 885.03, a subpoena to be served upon a law enforcement officer, tribal law enforcement officer, public officer, or public employee whose testimony will be regarding events or actions taken in the individual’s official capacity or within the scope of the individual’s employment as a law enforcement officer, tribal law enforcement officer, public officer, or public employee may be served only at the individual’s work address. The subpoena may be served by exhibiting and reading it to the individual, by giving the individual a copy thereof, or by leaving a copy at the individual’s work address.

SB191-SSA1,2 Section 2. 971.23 (12) of the statutes is created to read:

SB191-SSA1,2,16 971.23 (12) Definitions. In this section:

SB191-SSA1,2,18 (a) 1. Subject to subds. 2. and 3., “address” means an individual’s residential street address.

SB191-SSA1,2,23 2. If the individual under subd. 1. is a witness who is a law enforcement officer, tribal law enforcement officer, public officer, or public employee whose testimony will be regarding events or actions taken in the individual’s official capacity or within the scope of the individual’s employment, “address” means the street address of the individual’s employer.

SB191-SSA1,3,2 3. If the individual under subd. 1. is a witness who is a participant in the address confidentiality program under s. 165.68, “address” means the assigned address designated for the individual by the department of justice.

SB191-SSA1,3,3 (b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

SB191-SSA1,3,5 (c) “Public officer” and “public employee” have the meaning given in s. 939.22 (30).

SB191-SSA1,3,6 (d) “Tribal law enforcement officer” has the meaning given in s. 165.85 (2) (g).

SB191-SSA1,3 Section 3. 972.11 (1) of the statutes is amended to read:

SB191-SSA1,3,13 972.11 (1) Except as provided in subs. (2) to (4) (5), the rules of evidence and practice in civil actions shall be applicable in all criminal proceedings unless the context of a section or rule manifestly requires a different construction. No guardian ad litem need be appointed for a defendant in a criminal action. Chapters 885 to 895 and 995, except ss. 804.02 to 804.07 and 887.23 to 887.26, shall apply in all criminal proceedings.

SB191-SSA1,4 Section 4. 972.11 (5) of the statutes is created to read:

SB191-SSA1,3,15 972.11 (5) (a) In this subsection:

SB191-SSA1,3,16 1. “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

SB191-SSA1,3,18 2. “Public officer” and “public employee” have the meaning given in s. 939.22 (30).

SB191-SSA1,3,19 3. “Tribal law enforcement officer” has the meaning given in s. 165.85 (2) (g).

SB191-SSA1,4,2 (b) Any subpoena shall be served in the manner provided in s. 805.07 (5). Notwithstanding substituted personal service as provided in ss. 801.11 and 885.03, when the witness is a law enforcement officer, tribal law enforcement officer, public officer, or public employee whose testimony will be regarding events or actions taken in the individual’s official capacity or within the scope of the individual’s employment, the subpoena shall be served in the manner provided in s. 885.035.

SB191-SSA1,4,3 (end)