AB381: Bill Text

LRB-1761/1

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1999 - 2000 LEGISLATURE

1999 Assembly BILL 381

June 10, 1999 - Introduced by Representatives Vrakas, Klusman, Ladwig, Turner, Brandemuehl, Townsend, Hahn, Grothman, Owens, Albers and Powers, cosponsored by Senators Drzewiecki and Darling. Referred to Committee on Judiciary and Personal Privacy.

AB381,1,3 An Act to repeal 800.04 (1) (b) 1. c. and 800.04 (1) (d); and to amend 345.43 (1), 755.045 (1) (a), 800.02 (2) (a) 7. and 800.02 (3) (a) 6. of the statutes; relating to: jury trials in municipal court.

Analysis by the Legislative Reference Bureau

Under current law, in municipal court a person charged with a violation of either of the following ordinances has the right to request a jury trial:

1. An ordinance that is in conformity with the state law that prohibits the operation of a motor vehicle while under the influence of an intoxicant, controlled substance or other drug (OWI).

2. An ordinance that is in conformity with the state law that prohibits the operation of a commercial motor vehicle while the person has a blood alcohol concentration of 0.04% or more but less than 0.1%.

If the violator requests a jury trial and pays the required fees, currently, the municipal court is required to transfer the case to the clerk of circuit court in the county where the violation occurred. The circuit court is then required to set a date for a jury trial.

This bill removes the right to a jury trial in municipal court cases.

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:

AB381, s. 1 Section 1. 345.43 (1) of the statutes is amended to read:

AB381,2,7 345.43 (1) If a case has been transferred under s. 800.04 (1) (d), or if in circuit court either party files a written demand for a jury trial within 10 days after the defendant enters a plea of not guilty under s. 345.34 and immediately pays the fee prescribed in s. 814.61 (4), the court shall place the case on the jury calendar of the circuit court. The number of jurors shall be 6. If no party demands a trial by jury, the right to trial by jury is permanently waived.

AB381, s. 2 Section 2. 755.045 (1) (a) of the statutes is amended to read:

AB381,2,10 755.045 (1) (a) If the action is transferred under s. 800.04 (1) or 800.05 (3) to a court of record.

AB381, s. 3 Section 3. 800.02 (2) (a) 7. of the statutes is amended to read:

AB381,2,14 800.02 (2) (a) 7. Notice that the defendant may by mail prior to the court appearance enter a plea of not guilty and may within 10 days after entry of the plea request a jury trial.

AB381, s. 4 Section 4. 800.02 (3) (a) 6. of the statutes is amended to read:

AB381,2,18 800.02 (3) (a) 6. Notice that the defendant may by mail prior to the court appearance enter a plea of not guilty and may within 10 days after entry of the plea request a jury trial.

AB381, s. 5 Section 5. 800.04 (1) (b) 1. c. of the statutes is repealed.

AB381, s. 6 Section 6. 800.04 (1) (d) of the statutes is repealed.

AB381,2,21 (End)