LRB-3187/1
MGD:lmk:rs
2005 - 2006 LEGISLATURE
October 3, 2005 - Introduced by Representatives Gundrum, Hines, Lothian, Ott,
Suder, Owens, Musser, Krawczyk, Hahn, Lehman, Bies, Berceau, Albers,
LeMahieu, Van Roy, Lamb, Ballweg
and Pettis, cosponsored by Senators
Darling and Kedzie. Referred to Committee on Judiciary.
AB727,1,2 1An Act to amend 971.23 (8) (a) and 971.23 (8) (d) of the statutes; relating to:
2alibi witnesses in criminal cases.
Analysis by the Legislative Reference Bureau
Under current law, if a criminal defendant intends to rely upon an alibi as a
defense, he or she must notify the district attorney at the arraignment or at least 15
days before trial. The notice must indicate where the defendant claims to have been
when the crime was allegedly committed and provide the names and addresses of
known alibi witnesses. If the notice is not provided, the defendant may not present
any evidence relating to the alibi unless the court has a reason to order otherwise.
The court may also extend the deadline for filing a notice of alibi if it has a reason
to do so.
Within ten days after receiving the alibi notice from the defendant, or when
ordered to do so by the court, the district attorney must provide the defendant, in
writing, the names and addresses of any known witnesses whom he or she proposes
to use to discredit the defendant's alibi. If this notice is not provided, the district
attorney may not present any rebuttal evidence relating to the alibi unless the court
has a reason to order otherwise.
This bill requires the defendant to provide notice regarding any alibi at the
arraignment or at least 30 days before trial and requires the district attorney to
provide notice regarding any alibi rebuttal witnesses within 20 days after receiving
the defendant's notice. The bill does not affect the power of the court under current

law to extend the deadline for the defendant's alibi notice and to set an earlier or later
deadline for the district attorney's response.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB727, s. 1 1Section 1. 971.23 (8) (a) of the statutes is amended to read:
AB727,2,132 971.23 (8) (a) If the defendant intends to rely upon an alibi as a defense, the
3defendant shall give notice to the district attorney at the arraignment or at least 15
430 days before trial stating particularly the place where the defendant claims to have
5been when the crime is alleged to have been committed together with the names and
6addresses of witnesses to the alibi, if known. If at the close of the state's case the
7defendant withdraws the alibi or if at the close of the defendant's case the defendant
8does not call some or any of the alibi witnesses, the state shall not comment on the
9defendant's withdrawal or on the failure to call some or any of the alibi witnesses.
10The state shall not call any alibi witnesses not called by the defendant for the purpose
11of impeaching the defendant's credibility with regard to the alibi notice. Nothing in
12this section may prohibit the state from calling said alibi witnesses for any other
13purpose.
AB727, s. 2 14Section 2. 971.23 (8) (d) of the statutes is amended to read:
AB727,2,2015 971.23 (8) (d) Within 10 20 days after receipt of the notice of alibi, or such other
16time as the court orders, the district attorney shall furnish the defendant notice in
17writing of the names and addresses, if known, of any witnesses whom the state
18proposes to offer in rebuttal to discredit the defendant's alibi. In default of such
19notice, no rebuttal evidence on the alibi issue shall be received unless the court, for
20cause, orders otherwise.
AB727,2,2121 (End)
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