LRB-5395/1
MLJ:cjs
2019 - 2020 LEGISLATURE
February 3, 2020 - Introduced by Representative Gundrum, cosponsored by
Senator Wanggaard. Referred to Committee on Judiciary.
AB846,1,2
1An Act to amend 968.12 (3) (d) of the statutes;
relating to: voice recordings of
2testimony that forms the basis of an application for a search warrant.
Analysis by the Legislative Reference Bureau
Under current law, when a person places a phone call to a judge to request a
search warrant, the judge must place the caller under oath to take any testimony
that may form the basis of a search warrant. The testimony must be recorded either
by a court reporter or by means of a voice recording device. If recorded by a recording
device, the recording must be transcribed, the transcript must be certified as
accurate by the judge or court reporter, and both the certified transcript and the
original voice recording must be filed with the court.
This bill removes the requirement that the original recording be filed along
with the certified transcript of the testimony that forms the basis of an application
for a search warrant.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB846,1
3Section
1. 968.12 (3) (d) of the statutes, as affected by 2019 Supreme Court
4Order 19-01, is amended to read:
AB846,2,75
968.12
(3) (d)
Recording and certification of testimony. When a caller informs
6the judge that the purpose of the call is to request a warrant, the judge shall place
1under oath each person whose testimony forms a basis of the application and each
2person applying for the warrant. The judge or requesting person shall arrange for
3all sworn testimony to be recorded either by a court reporter or by means of a voice
4recording device. The judge shall have the record transcribed. The transcript,
5certified as accurate by the judge or reporter, as appropriate, shall be filed with the
6court.
If the testimony was recorded by means of a voice recording device, the judge
7shall also file the original recording with the court.
