LRB-3244/1
JEO:skg:kaf
1995 - 1996 LEGISLATURE
September 14, 1995 - Introduced by Representatives Ott, Prosser, Kaufert,
Green, Lehman, Goetsch, Powers, Ward, Kelso, Dobyns, Harsdorf,
Ainsworth, Olsen, Wilder, Otte, Schneiders, Hahn, Owens, F. Lasee,
Hanson, Gunderson, Huber and Ladwig, cosponsored by Senators Buettner,
Cowles and Huelsman, by request of Outagamie County Board of
Supervisors. Referred to Committee on Judiciary.
AB560,1,3
1An Act to renumber and amend 970.05;
to amend 970.05 (title); and
to create
2970.05 (2) (c) of the statutes;
relating to: payment for the cost of transcribing
3a preliminary hearing transcript.
Analysis by the Legislative Reference Bureau
Under current law, a person charged with a felony is entitled to a preliminary
hearing at which a judge must determine whether there is probable cause to believe
the person has committed a felony. At the request of the district attorney or the
defendant or on the order of the judge, testimony given at a preliminary examination
must be transcribed by a court reporter, who must file a transcript of the testimony
with the clerk of court. When, in a case involving an indigent defendant, a transcript
is requested by the state public defender (SPD) or by a private attorney appointed
by the SPD, the SPD must pay the cost of preparing the original transcript, while the
cost of any additional copies are paid for by the party requesting the copies. When
a transcript is requested by someone other than the SPD or a private attorney
appointed by the SPD, the county in which the court is located must pay the cost of
preparing the original transcript, while the cost of any additional copies are paid for
by the party requesting the copies.
This bill provides that when a transcript of the testimony of a preliminary
hearing is requested by a defendant who is not indigent and therefore not entitled
to representation by the SPD or by an attorney retained by a defendant who is not
indigent, the defendant, rather than the county, must pay the cost of preparing the
original transcript, while the cost of any additional copies are paid for by the party
requesting the copies.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB560, s. 1
1Section
1. 970.05 (title) of the statutes is amended to read:
AB560,2,3
2970.05 (title)
Testimony at preliminary examination; payment for
3transcript of testimony.
AB560, s. 2
4Section
2. 970.05 of the statutes is renumbered 970.05 (1) and amended to
5read:
AB560,2,96
970.05
(1) The testimony at the preliminary examination shall be transcribed
7if requested by the district attorney
or, the defendant
or an attorney representing the
8defendant or ordered by the judge to whom the trial is assigned. The reporter shall
9file such transcript with the clerk within 10 days after it is requested.
AB560,2,14
10(2) (a) When a transcript is requested
under sub. (1) by someone other than
the
11state public defender or a private attorney appointed under s. 977.08 a person
12specified in par. (b) or (c), the county shall pay the cost of the original and any
13additional copies shall be paid for at the statutory rate by the party requesting the
14copies.
AB560,2,19
15(b) When a transcript is requested
under sub. (1) by the state public defender
16or by a private attorney appointed under s. 977.08, the state public defender shall
17pay the cost of the original from the appropriation under s. 20.550 (1) (f) and any
18additional copies shall be paid for at the statutory rate by the party requesting the
19copies.
AB560, s. 3
20Section
3. 970.05 (2) (c) of the statutes is created to read:
AB560,3,5
1970.05
(2) (c) When a transcript is requested under sub. (1) by a defendant who
2is not indigent under ch. 977 or by an attorney retained by a defendant who is not
3indigent under ch. 977, the defendant shall pay the cost of the original and any
4additional copies shall be paid for at the statutory rate by the party requesting the
5copies.
AB560,3,8
7(1) This act first applies to requests for a transcript of preliminary hearing
8testimony made on the effective date of this subsection.
