LRB-5081/1
JEO:skg:ks
1995 - 1996 LEGISLATURE
January 30, 1996 - Introduced by
Law Revision Committee. Referred to
Committee on Judiciary.
AB831,1,2
1An Act to amend 801.50 (4) (b) of the statutes;
relating to: venue in certain
2habeas corpus actions.
Analysis by the Legislative Reference Bureau
Under current law, a person who is challenging the legality of his or her
detention by seeking a writ of habeas corpus (an order directing that the person be
released from illegal detention) must file a petition for the writ in the circuit court
that is located in the appropriate county. The appropriate county for filing the
petition for a writ of habeas corpus is determined based on which one of the following
2 situations applies to the person: 1) if the person is seeking relief from a judgment
of conviction or sentence under which he or she is detained, the petition must be filed
in the county where the person was convicted or sentenced; or 2) if the person is
seeking relief concerning any other matter relating to his or her detention, the
petition must be filed in the county "where the liberty of the [person] is restrained".
With respect to a person seeking a writ of habeas corpus in the 2nd situation, the
court of appeals has found the requirement relating to the county "where the liberty
of the [person] is restrained" to be ambiguous. The court of appeals interpreted the
requirement to mean the county where the person is confined. State ex rel. Frederick
v. McCaughtry, 173 Wis. 2d 222, 228-29 (Ct. App. 1992). This bill codifies the court
of appeals decision by specifying that, if a person is seeking a writ of habeas corpus
in the 2nd situation described above, he or she must file the petition for a writ of
habeas corpus in the county where he or she is confined.
For further information, see the Notes provided by the law revision committee
of the joint legislative council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is introduced by the law revision
committee under s. 13.83 (1) (c), stats. After careful consideration of the various
provisions of the bill, the law revision committee has determined that this bill makes
minor substantive changes in the statutes, and that these changes are desirable as a
matter of public policy.
AB831, s. 1
1Section
1. 801.50 (4) (b) of the statutes is amended to read:
AB831,2,42
801.50
(4) (b) Where
the liberty of the plaintiff is
restrained confined, if the
3action seeks relief concerning any other matter relating to a restraint on the liberty
4of the plaintiff.
Note: This amendment clarifies that, in the statute governing the filing of a
petition for a writ of habeus corpus challenging matters relating to a prisoner's detention
(other than seeking relief from a judgment of conviction or sentence), that the petition
must be filed in the place where the plaintiff is confined.
