LRB-0518/1
RLR:jld:pg
2007 - 2008 LEGISLATURE
April 23, 2007 - Introduced by Representatives Berceau and Grigsby, cosponsored
by Senators Miller and Lehman. Referred to Committee on Judiciary and
Ethics.
AB278,1,3
1An Act to amend 971.04 (1) (intro.); and
to create 969.03 (1g) and 971.04 (4) of
2the statutes;
relating to: defendant's presence at a pretrial conference in a
3criminal case.
Analysis by the Legislative Reference Bureau
Under current law, a defendant in a criminal case must be present at specified
court proceedings, such as the arraignment and trial, and at any other court
proceeding for which the court orders the defendant's presence. In
State v. Dickson,
53 Wis. 2d 532 (1972), the Wisconsin Supreme Court held that a court may not
require a defendant to be present at a pretrial conference in a criminal case. Also
under current law, a court may establish the conditions under which a person
charged with a felony may be released on bail. The conditions must be reasonably
necessary to assure the appearance of the defendant in court or to protect the
community. A court may issue a warrant for the arrest of a defendant who fails to
appear at a court proceeding for which his or her presence is required or for violation
of a condition of release on bail.
This bill codifies the ruling in Dickson that a court may not require a defendant
in a criminal proceeding to be present at a meeting or conference, the primary
purpose of which is to facilitate negotiations between the state and the defendant,
regardless of whether the meeting or conference is before the court. The bill further
provides that a court may not require as a condition of release on bail that a
defendant appear in person at such a meeting or conference.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB278, s. 1
1Section
1. 969.03 (1g) of the statutes is created to read:
AB278,2,42
969.03
(1g) A court may not require as a condition of release under this section
3that a defendant appear personally at a meeting or conference described under s.
4971.04 (4).
AB278, s. 2
5Section
2. 971.04 (1) (intro.) of the statutes is amended to read:
AB278,2,76
971.04
(1) (intro.) Except as provided in subs. (2)
and, (3),
and (4), the defendant
7shall be present:
AB278, s. 3
8Section
3. 971.04 (4) of the statutes is created to read:
AB278,2,129
971.04
(4) The court may not require a defendant to be present at a meeting
10or conference, the primary purpose of which is to facilitate negotiations between the
11state and the defendant or to report on the status of negotiations between the parties,
12regardless of whether the meeting or conference is before the court.
