LRB-0107/1
BAB:jld:pg
2007 - 2008 LEGISLATURE
April 10, 2007 - Introduced by Representatives Molepske, Ballweg, Hahn,
Berceau, Cullen and
Mursau, cosponsored by Senators Lassa and
Grothman. Referred to Committee on Corrections and Courts.
AB248,1,2
1An Act to amend 757.69 (1) (b) of the statutes;
relating to: powers and duties
2of part-time court commissioners.
Analysis by the Legislative Reference Bureau
Current law confers upon a part-time or full-time court commissioner many
of the same powers and duties of a judge in a criminal case, such as the power to issue
a summons or conduct an initial appearance, but only a full-time court commissioner
may conduct the preliminary examination and arraignment and, with the consent
of both the state and the defendant, accept a guilty plea. This bill allows a part-time
court commissioner to conduct the preliminary examination and arraignment and
accept a guilty plea.
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:
AB248, s. 1
3Section
1. 757.69 (1) (b) of the statutes is amended to read:
AB248,2,64
757.69
(1) (b) In criminal matters issue summonses, arrest warrants or search
5warrants, determine probable cause to support a warrantless arrest, conduct initial
6appearances of persons arrested, set bail, inform the defendant in accordance with
1s. 970.02 (1),
and refer the person to the authority for indigency determinations
2specified under s. 977.07 (1)
. A circuit court commissioner employed on a full-time
3basis may, conduct the preliminary examination and arraignment
, and, with the
4consent of both the state and the defendant, accept a guilty plea. If a court refers a
5disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court commissioner
6shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.
