- 2026 LEGISLATURE LRBa0347/1LRB-2539/1 MJW:wljSWB:cdc ASSEMBLY AMENDMENT 1, TO SENATE BILL 191 AugustApril 21,14, 2025 - OfferedIntroduced by RepresentatOEBENSenators AMES , NASS, TOMCZYK and W ANGGAARD , cosponsored by Representatives G OEBEN , ARMSTRONG , BEHNKE , DITTRICH, K REIBICH, MURPHY , MURSAU , O'CONNOR , IWOWARCZYK and SUBECK .
AtReferred theto locationsCommittee indicated,on amendJudiciary theand bill,Public asSafety. shown by senate substitute amendment 1, as follows:
1.A N A CT to create 885.035 of the statutes;
Pagerelating 2,to: line 6:
afterrequiring thata linesubpoena insert:to a law enforcement officer or tribal law enforcement officer served in official capacity to be served at the officer’s work address.
X(d)Analysis XWorkby addressYthe meansLegislative Reference Bureau Under current law, a subpoena may generally be served by any person by exhibiting and reading it to the streetwitness, addressby ofgiving the primarywitness locationa copy of the employersubpoena, whereor anby individualleaving whoa iscopy subjectof tothe subpoena underat sub.the witness’s home.
(2)This isbill 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 wastribal employedlaw enforcement officer in the officer’s official capacity as a law enforcement officer or tribal law enforcement officer only at the timeofficer’s work address by exhibiting and reading it to the officer, by giving the officer a copy of the eventssubpoena, or actionsby thatleaving area subjectcopy toof subpoena.Y.the subpoena at the officer’s work address.
2.The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
PageS 2,ECTION line1. 14:
after885.035 XaddressYof insertthe Xwithstatutes anis employeecreated authorized to receiveread: the subpoenaY.
3.- 2026 Legislature - 2 - LRB-2539/1 SWB:cdc SENATE BILL 191 SECTION 1 885.035 Service of subpoena to law enforcement officer.
Page(1) 2,In linethis 23:section:
delete(a) Xindividual[s“Law employer.Yenforcement andofficer” substitutehas Xprimary location of the employermeaning wheregiven thein individuals. is or was employed at the time of the events or actions that are subject to discovery under this section.Y.
165.85 (2) (c).
(b) “Tribal law enforcement officer” has the meaning given in s.
165.85 (2) (g).
(2) Notwithstanding s.
885.03, a subpoena to 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 may be served only at the law enforcement officer’s or tribal law enforcement officer’s work address.
The subpoena may be served by exhibiting and reading it to the officer, by giving the officer a copy thereof, or by leaving a copy at the officer’s work address.