LRB-4115/1
RPN&PG:skg:mkd
1995 - 1996 LEGISLATURE
November 7, 1995 - Introduced by Senators Huelsman, Darling, Buettner,
Panzer, Drzewiecki and
Fitzgerald, cosponsored by Representatives
Goetsch, Green, Musser, Porter, Dobyns, Otte, Kreibich, Ryba, Albers,
Handrick, Urban, Ladwig, Hahn, Walker, Olsen, F. Lasee, Schneiders,
Owens, Gunderson and
Kaufert. Referred to Committee on Judiciary.
SB403,1,5
1An Act to repeal 23.77 (2), 345.43 (2) and 756.096 (3) (b) 2.;
to renumber and
2amend 756.096 (3) (b) 1.;
to amend 23.77 (1), 23.77 (3) (a), 80.48 (3), 345.43 (1),
3345.43 (3) (a), 345.43 (3) (b), 756.096 (3) (a), 972.02 (1), 972.02 (2), 972.03 and
4972.04 (1); and
to create 756.096 (3) (am) of the statutes;
relating to: juries
5in civil and misdemeanor cases.
Analysis by the Legislative Reference Bureau
Currently, crimes are either felonies or misdemeanors. A crime that is
punishable by imprisonment in a state prison is a felony; any other crime is a
misdemeanor. A jury in any criminal case, whether a felony or a misdemeanor,
consists of 12 persons unless both parties agree to a lesser number. This bill provides
that misdemeanor juries must consist of 6 persons.
Currently, in civil cases, the jury consists of 6 persons unless a party requests
a greater number or unless the court, on its own motion, requires a greater number.
In neither case may the jury exceed 12 persons. In traffic cases involving forfeitures,
the jury consists of 6 persons. This bill sets the number of jurors at 6 for all civil cases
unless the court, on its own motion, requires a greater number, not to exceed 12.
For further information see the state and 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:
SB403, s. 1
6Section
1. 23.77 (1) of the statutes is amended to read:
SB403,2,5
123.77
(1) If in circuit court either party files a written demand for a jury trial
2within 20 days after the court appearance date and immediately pays the fee
3prescribed in s. 814.61 (4), the court shall place the case on the jury calendar. The
4number of jurors shall be determined under s. 756.096 (3) (b). If no party demands
5a
trial by jury
of 12, the right to trial by jury
of 12 is
permanently waived
forever.
SB403, s. 2
6Section
2. 23.77 (2) of the statutes is repealed.
SB403, s. 3
7Section
3. 23.77 (3) (a) of the statutes is amended to read:
SB403,2,98
23.77
(3) (a) If there is a demand for a trial by jury
of 6, the provisions of s.
9345.43 (3) (a) and (b) are applicable.
SB403, s. 4
10Section
4. 80.48 (3) of the statutes is amended to read:
SB403,3,711
80.48
(3) Jurors. At the time and place specified in the notice the circuit judge
12of the county, the president of the village or the chairperson of the town in which the
13land sought to be taken lies shall issue a precept directed to the sheriff of the county
14or to any constable, naming the sheriff or constable, which precept shall direct the
15officer to write the names of
36 18 freeholders of the county who are qualified to serve
16as jurors in the circuit court and to return the list. After being sworn to perform the
17duties required to the best of his or her ability, without partiality, the officer shall
18immediately write the names and deliver the list thereof to the officer who issued the
19precept; and from the list each party, in person or by an agent or attorney,
20commencing with the petitioner, shall strike out alternately,
12 6 names, and if either
21party is absent or refuses to strike out, the officer who issued the precept shall
22appoint some person to strike
12 6 names for the absent person. The officer shall then
23summon the
12 6 persons whose names remain on the list in the manner prescribed
24under s. 756.08 to appear at the time and place mentioned in the summons for the
25purpose of determining the necessity of taking for the public use the land described
1in the petition; if any of the persons summoned fail to attend others may be drawn
2in the same mode to fill the vacancy, and for that purpose the proceedings may be
3adjourned from time to time. When
12 6 persons are thus secured they shall be sworn
4by the officer who issued the precept to faithfully and impartially discharge the
5duties imposed upon them, which oath shall be filed with the city, village or town
6clerk.
The number of persons listed and summoned shall be proportionately reduced
7if the jury is to consist of a number less than 12.
SB403, s. 5
8Section
5. 345.43 (1) of the statutes is amended to read:
SB403,3,159
345.43
(1) If a case has been transferred under s. 800.04 (1) (d), or if in circuit
10court either party files a written demand for a jury trial within 10 days after the
11defendant enters a plea of not guilty under s. 345.34 and immediately pays the fee
12prescribed in s. 814.61 (4), the court shall place the case on the jury calendar of the
13circuit court. The number of jurors shall be determined under s. 756.096 (3) (b). If
14no party demands a trial by a jury
of 12, the right to trial by a jury
of 12 is
15permanently waived
forever.
SB403, s. 6
16Section
6. 345.43 (2) of the statutes is repealed.
SB403, s. 7
17Section
7. 345.43 (3) (a) of the statutes is amended to read:
SB403,3,2418
345.43
(3) (a) If a jury
of less than 12 persons is demanded, in counties having
19a population of 500,000 or more, the jury shall be drawn from the circuit court jury
20panel and selected as set forth under chs. 801 to 847. In all other counties, such juries
21shall be selected as provided in pars. (b) and (c), except that any party may demand
22trial by a countywide jury and that the clerk shall select, by lot, the names of
23sufficient persons qualified to serve as jurors as will provide to each party entitled
24to peremptory challenges the number of challenges specified in par. (b).
SB403, s. 8
25Section
8. 345.43 (3) (b) of the statutes is amended to read:
SB403,4,8
1345.43
(3) (b) If a timely demand for a jury
of less than 12 persons is made, the
2judge shall direct the clerk of the court to select by lot from the current jury panel
3the names of a sufficient number of residents of the county qualified to serve as jurors
4in courts of record, from which lists either party may strike 5 names. If either party
5neglects to strike out names, the clerk shall strike out names for the party. The judge
6shall permit voir dire examinations and challenges for cause. The clerk shall
7summon a sufficient number of persons whose names are not struck out, to appear
8at the time and place named in the summons.
SB403, s. 9
9Section
9. 756.096 (3) (a) of the statutes is amended to read:
SB403,4,1110
756.096
(3) (a) A jury in
criminal
felony cases shall consist of 12 persons unless
11both parties agree on a lesser number as provided in s. 972.02.
SB403, s. 10
12Section
10. 756.096 (3) (am) of the statutes is created to read:
SB403,4,1313
756.096
(3) (am) A jury in misdemeanor cases shall consist of 6 persons.
SB403,4,1816
756.096
(3) (b)
Except as provided in subd. 2., a A jury in civil cases shall consist
17of 6 persons unless
a party requests a greater number, not to exceed 12. The the 18court, on its own motion
may require requires a greater number, not to exceed 12.
SB403, s. 13
21Section
13. 972.02 (1) of the statutes is amended to read:
SB403,5,222
972.02
(1) Except as otherwise provided in this chapter, criminal cases shall
23be tried by a jury
of 12, drawn as prescribed in
s. 756.096 (3) (a) or (am), whichever
24is applicable, and ch. 805, unless the defendant waives a jury in writing or by
1statement in open court or under s. 967.08 (2) (b), on the record, with the approval
2of the court and the consent of the state.
SB403, s. 14
3Section
14. 972.02 (2) of the statutes is amended to read:
SB403,5,74
972.02
(2) At any time before
the verdict
in a felony case, the parties may
5stipulate in writing or by statement in open court, on the record, with the approval
6of the court, that the jury shall consist of any number less than 12.
If the case is a
7misdemeanor case, the jury shall consist of 6 persons.
SB403, s. 15
8Section
15. 972.03 of the statutes is amended to read:
SB403,5,25
9972.03 Peremptory challenges. Each side is entitled to only 4 peremptory
10challenges except as otherwise provided in this section. When the crime charged is
11punishable by life imprisonment the state is entitled to 6 peremptory challenges and
12the defendant is entitled to 6 peremptory challenges. If there is more than one
13defendant, the court shall divide the challenges as equally as practicable among
14them; and if their defenses are adverse and the court is satisfied that the protection
15of their rights so requires, the court may allow the defendants additional challenges.
16If the crime is punishable by life imprisonment, the total peremptory challenges
17allowed the defense shall not exceed 12 if there are only 2 defendants and 18 if there
18are more than 2 defendants; in other
felony cases 6 challenges if there are only 2
19defendants and 9 challenges if there are more than 2.
In misdemeanor cases, the
20state is entitled to 3 peremptory challenges and the defendant is entitled to 3
21peremptory challenges, except that if there are 2 defendants, the court shall allow
22the defense 4 peremptory challenges, and if there are more than 2 defendants, the
23court shall allow the defense 6 peremptory challenges. Each side shall be allowed
24one additional peremptory challenge if additional jurors are to be impaneled under
25s. 972.04 (1).
SB403, s. 16
1Section
16. 972.04 (1) of the statutes is amended to read:
SB403,6,102
972.04
(1) The number of jurors impaneled shall be
12 prescribed in s. 756.096
3(3) (a) or (am), whichever is applicable unless a lesser number has been stipulated
4and approved under s. 972.02 (2) or the court orders that additional jurors be
5impaneled. That number, plus the number of peremptory challenges available to all
6the parties, shall be called initially and maintained in the jury box by calling others
7to replace jurors excused for cause until all jurors have been examined. The parties
8shall thereupon exercise in their order, the state beginning, the peremptory
9challenges available to them, and if any party declines to challenge, the challenge
10shall be made by the clerk by lot.
SB403,6,13
12(1) This act first applies to actions commenced on the effective date of this
13subsection.