2025 - 2026 LEGISLATURE
LRB-2539/1
SWB:cdc
April 14, 2025 - Introduced by Senators James, Nass, Tomczyk and Wanggaard, cosponsored by Representatives Goeben, Armstrong, Behnke, Dittrich, Kreibich, Murphy, Mursau, O'Connor, Piwowarczyk and Subeck. Referred to Committee on Judiciary and Public Safety.
SB191,1,3
1An Act to create 885.035 of the statutes; relating to: requiring a subpoena to
2a law enforcement officer or tribal law enforcement officer served in official
3capacity to be served at the officer’s work address. Analysis by the Legislative Reference Bureau
Under current law, a subpoena may generally be served by any person 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 law enforcement officers and tribal law enforcement officers served in an official capacity, requiring that a subpoena may be served upon a law enforcement officer or tribal law enforcement officer in the officer’s official capacity as a law enforcement officer or tribal law enforcement officer only at the officer’s work address by exhibiting and reading it to the officer, by giving the officer a copy of the subpoena, or by leaving a copy of the subpoena at the officer’s work address.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB191,14Section 1. 885.035 of the statutes is created to read: SB191,2,2
1885.035 Service of subpoena to law enforcement officer. (1) In this 2section: SB191,2,33(a) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c). SB191,2,44(b) “Tribal law enforcement officer” has the meaning given in s. 165.85 (2) (g). SB191,2,105(2) Notwithstanding s. 885.03, a subpoena to be served upon a law 6enforcement officer or tribal law enforcement officer in the officer’s official capacity 7as a law enforcement officer or tribal law enforcement officer may be served only at 8the law enforcement officer’s or tribal law enforcement officer’s work address. The 9subpoena may be served by exhibiting and reading it to the officer, by giving the 10officer a copy thereof, or by leaving a copy at the officer’s work address.
