968.26 John Doe proceeding.

809 words·~4 min read·/wi/chapter-968/968-26

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1b)In this section:

(a)“Crime” means any of the following:

1. Any Class A, B, C, or D felony under chs. 940 to 948 or 961 .

2. A violation of any of the following if it is a Class E, F, G, H, or I felony:

a. Section 940.04 , 940.11 , 940.22

(2), 940.225

(3), 940.29 , 940.302

(c), 940.32 , 940.60

(2)or

(3), 940.61 , 940.62 , 940.65

(2)or

(3), 940.66

(b)or

(c)or

(3), 941.32 , 941.38

(2), 942.09

(2), 942.095 , 943.10 , 943.205 , 943.32

(1), 946.43 , 946.44 , 946.47 , 946.48 , 947.016 , 948.02

(3), 948.03

(b)or

(c),

(3), or

(4), 948.04 , 948.055 , 948.095 , 948.10

(a), 948.11 , 948.13

(a), 948.14 , 948.20 , 948.23

(1),

(2), or

(1)or s. 940.19

(2), 2023 stats., s. 940.19

(4), 2023 stats., s. 940.19

(5), 2023 stats., s. 940.19

(6), 2023 stats., s. 940.195

(2), 2023 stats., s. 940.195

(4), 2023 stats., s. 940.195

(5), 2023 stats., s. 940.195

(6), 2023 stats., s. 940.198

(b), 2023 stats., s. 940.198

(c), 2023 stats., s. 940.198

(3), 2023 stats., s. 940.20 , 2023 stats., s. 940.201 , 2023 stats., s. 940.203 , 2023 stats., s. 940.204 , 2023 stats., s. 940.205 , 2023 stats., s. 940.207 , 2023 stats., or s. 940.208 , 2023 stats.

b. Section 940.285

(2)if s. 940.285

(b)1m. , 1r. , or 2. applies; s. 940.295

(a)if s. 940.295

(b)1m. , 1r. , 2. , or 3. applies; s. 948.05

(1),

(1m), or

(2)if s. 948.05

(b)applies; s. 948.12

(1m)or

(2m)if s. 948.12

(b)applies; or s. 948.21 if s. 948.21

(b)or

(c)applies.

3. A violation of s. 940.03 .

4. A violation of s. 946.83 or 946.85 , if the racketeering activity is listed in s. 946.82

(4)and in subd. 1. , 2. , or 3.

4m. A solicitation, conspiracy, or attempt to commit any violation under subd. 1. , 2. , 3. , or 4.

5. Any conduct that is prohibited by state law and punishable by fine or imprisonment or both if the individual who allegedly participated in the conduct was a law enforcement officer; a correctional officer; or a state probation, parole, or extended supervision officer and the individual was engaged in his or her official duties at the time of the alleged conduct.

(b)“Judge” does not include a permanent reserve judge, as defined in s. 753.075

(a), or a temporary reserve judge, as defined in s. 753.075

(b).

(1m)If a district attorney requests a judge to convene a proceeding to determine whether a crime has been committed in the court’s jurisdiction, the judge shall convene a proceeding described under sub.

(3)and shall subpoena and examine any witnesses the district attorney identifies.

(a)Except in par.

(am), in this subsection, “district attorney” includes a prosecutor to whom the judge has referred the complaint under par.

(am).

(am)If a person who is not a district attorney complains to a judge that he or she has reason to believe that a crime has been committed within the judge’s jurisdiction, the judge shall refer the complaint to the district attorney or, if the complaint may relate to the conduct of the district attorney, to another prosecutor under s. 978.045 .

(b)If a district attorney receives a referral under par.

(am), the district attorney shall, within 90 days of receiving the referral, issue charges or refuse to issue charges. If the district attorney refuses to issue charges, the district attorney shall forward to the judge in whose jurisdiction the crime has allegedly been committed all law enforcement investigative reports on the matter that are in the custody of the district attorney, his or her records and case files on the matter, and a written explanation why he or she refused to issue charges. The judge may require a law enforcement agency to provide to him or her any investigative reports that the law enforcement agency has on the matter. The judge shall convene a proceeding as described under sub.

(3)if he or she determines that a proceeding is necessary to determine if a crime has been committed. When determining if a proceeding is necessary, the judge may consider the law enforcement investigative reports, the records and case files of the district attorney, and any other written records that the judge finds relevant.