LRB-4830/1
RPN:skg:jlb
1995 - 1996 LEGISLATURE
February 7, 1996 - Introduced by Representatives Walker, Green, Gunderson,
Jensen, Schneiders, Goetsch, Nass, La Fave, Powers, Krug, Hahn, Duff,
Lazich, Riley, Grothman and Coggs, cosponsored by Senators Huelsman,
Darling, Rosenzweig and Fitzgerald, by request of Chief Judge Patrick
Sheedy of Milwaukee County. Referred to Committee on Judiciary.
AB858,1,2
1An Act to create 757.69 (1) (bm) of the statutes;
relating to: the powers of
2full-time court commissioners.
Analysis by the Legislative Reference Bureau
Under current law, court commissioners, with the approval of the chief judge,
may issue summonses, arrest warrants or search warrants, conduct initial
appearances and set bail. A full-time court commissioner, with the approval of the
chief judge, may conduct the preliminary examination and arraignment in a
criminal case and accept a guilty plea if both the state and the defendant agree.
Under the bill, a full-time court commissioner in any county with a population
of 500,000 or more, with the approval of the chief judge, may sentence the defendant
in misdemeanor cases if there is a stipulation between the state and the defendant.
In addition, the court commissioner may review probation revocation hearings in
misdemeanor cases. Any sentence imposed by the court commissioner is subject to
review by a judge if either party requests court review within 15 days after the
sentence is imposed.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB858, s. 1
3Section
1. 757.69 (1) (bm) of the statutes is created to read:
AB858,1,54
757.69
(1) (bm) If a full-time court commissioner in a county having a
5population of 500,000 or more:
AB858,2,26
1. Sentence the defendant in misdemeanor cases if there is a stipulation as to
7the sentence between the state and the defendant. A sentence imposed under this
1subdivision is subject to review by a judge if the state or the defendant moves for
2review of the sentence within 15 days after imposition of the sentence.
AB858,2,33
2. Review probation revocation hearings in misdemeanor cases.
AB858,2,6
5(1) This act first applies to violations committed on the effective date of this
6subsection.
