Traffic
Courts may not dismiss traffic complaints on payment of penalty costs, or costs alone. 63-328
Transfers
In traffic regulation cases, sec. 345.315, Stats., controls over sec. 300.05, Stats., insofar as request for substitution of a justice is concerned but not over sec. 300.055, Stats., which grants defendant right to secure transfers to county court upon request, accompanied by $1 fee, at any time prior to trial. 66-64
CREDIT UNIONS
Authority
Constitutionality of ch. 45, Laws of 1981, delegating authority to commissioners of various financial institutions, discussed. 71-195
Eligibility
Organizations and associations eligible for credit union membership under sec. 186.05(1)(b), Stats., defined and discussed. 65-77
Grant making powers
The Wisconsin Credit Union Savings insurance Corporation can make grants to member credit unions as necessary to meet federal insurance eligibility requirements, and the Office of the Commissioner of Credit Unions may require such grants on a case-by-case basis. 74-241
Insurance, sale of
A Wisconsin credit union may invest in a credit union service corporation which sells insurance to the general public so long as the corporation was organized to primarily serve credit unions and their members. 78-96
Credit unions' authority to engage in the sale of insurance is limited to credit life and credit accident and sickness insurance. 73-58
Insurance of accounts
The individual accounts of organizations and associations which have been admitted to credit union membership under sec. 186.05, Stats., are insured by the Wisconsin Credit Union Savings Insurance Corporation as provided by sec. 186.35(2)(a), Stats. (Unpub.). 26-1976
Services corporation
A Wisconsin credit union may invest in a credit union service corporation which sells insurance to the general public so long as the corporation was organized to primarily serve credit unions and their members. 78-96
Wisconsin Credit Union Savings Insurance Corporation
The Wisconsin Credit Union Savings Insurance Corporation can make grants to member credit unions as necessary to meet federal insurance eligibility requirements, and the Office of the Commissioner of Credit Unions may require such grants on a case-by-case basis. 74-241
Wisconsin Credit Union Share Insurance Corporation
Wisconsin Credit Union Share Insurance Corporation does not have authority unilaterially to regulate credit union industry of this State. 64-7
CREMATION
Medical schools
Chapters 69 and 157, Stats., are not alternatives to the requirement in section 979.10 that anyone cremating a corpse first obtain a cremation permit from the coroner. University medical schools or anyone else qualified to receive a corpse can, however, receive a corpse for research without first obtaining the cremation permit. Section 979.10 only requires that the permit be obtained before the corpse is cremated. 77-218
Permits
Chapters 69 and 157, Stats., are not alternatives to the requirement in section 979.10 that anyone cremating a corpse first obtain a cremation permit from the coroner. University medical schools or anyone else qualified to receive a corpse can, however, receive a corpse for research without first obtaining the cremation permit. Section 979.10 only requires that the permit be obtained before the corpse is cremated. 77-218
CRIME VICTIMS COMPENSATION
Compensation
Not authorized for dental, chiropractic, podiatric or optometric services. (Unpub.). 84-1977
CRIMINAL LAW
See also BAIL; FIREARMS; LAW ENFORCEMENT; POLICE; PRISONS AND PRISONERS; PROBATION AND PAROLE; SHERIFFS
Anonymous telephone tip
An anonymous telephone tip to the police that a specified vehicle is being driven by an unlicensed person does not create an articulable and reasonable suspicion of illegality justifying an investigatory stop of the auto and driver. Under certain very limited circumstances, however, information from an anonymous informant may authorize a stop-and-frisk or an investigatory vehicle stop. 68-347
Appeals
Judgments of commitment under Youthful Offenders Act must be appealed within 90 days. 66-242
Automobiles and motor vehicles
Proof that a driver knew or should have known that he collided with an unattended vehicle is not necessary for a conviction for violation of sec. 346.68, Stats., requiring that the driver of the colliding vehicle stop and locate the owner of the unattended vehicle or leave a note on the unattended vehicle containing the name and address of the colliding driver. 68-274
The State has jurisdiction over members of the Menominee Tribe on public roads and highways within the Menominee Reservation in respect to the enforcement of state traffic laws that are necessary to protect the highways against depredation or that would impair their use as a public right-of-way. State law enforcement officers can arrest any person who commits a federal offense in their presence. 66-115
Bail
Judges and court commissioners have power, prior to the filing of a criminal complaint, to release on bail persons arrested for commission of a felony. 65-102
Law enforcement officers may be authorized by court rule to accept surety bonds for, or, under specified circumstances, 10 percent cash deposits of, the amount listed in a misdemeanor bail schedule when an accused cannot be promptly taken before a judge for bail determination. However, such rules may not afford officers discretion as to the amount or form of bail an individual accused must post. 63-241
Law enforcement officials may require a person appearing pursuant to a summons to be fingerprinted and photographed. A court may condition a person's release from custody on bail upon the taking of fingerprints and photographs. 69-254
Bail forfeited
The entire amount of bail forfeited under sec. 969.13(4), Stats., is to be retained by the County Treasurer and no part thereof is to be paid to the State Treasurer. 62-247
Bail revocation
Chapter 112, sec. 10, Laws of 1979 which allows courts to revoke bail for violating judicially imposed conditions of bail does not violate Wis. Const. art. I, sec. 8. 69-164
Bench warrant
A bench warrant issued under sec. 968.09, Stats., may be directed to all law enforcement officers in the state without regard to whether the defendant is charged with violation of a state statute or county ordinance. The form of the warrant should be tailored to meet the form suggested by sec. 968.04(3)(a)7., Stats. 62-208
Bingo
Bingo games sponsored by church organizations using local cable television facilities to broadcast the program where viewers participate in their homes are in violation of ch. 163. While bingo games conducted pursuant to ch. 163 enjoy exemption from the constitutional definition of lottery, bingo games which contravene the provisions of ch. 163 constitute lotteries in this state. Such lotteries are prosecutable under sec. 163.54 or secs. 945.02(3) and 945.03(4), Stats. The fact that community antenna television is regulated by the Federal Communications Commission does not preclude a prosecution on the grounds of federal preemption. The state criminal standard does not conflict with the federal regulation. 65-80
Bingo conducted on Indian reservations by Indian tribes or Indian persons must comply with the Bingo Control Act. 69-22
Child abuse
Consensual sexual conduct involving sixteen- and seventeen-year old children does not constitute child abuse under sec. 48.981(2), Stats. (1981-82). (Unpub.). 26-1983
A medical or mental health professional may report suspected child abuse under the permissive provisions of section 48.981(3), Stats., when the abuser, rather than the victim, is seen in the course of professional duties. Section 51.30 does not act as a bar to such reports made in good faith. 76-39
Consecutive sentences
A criminal defendant who receives consecutive sentences that in the aggregate exceed one year, but individually are all less than one year, should be incarcerated in a county jail rather than the Wisconsin prison system. 78-44
Costs of prosecution"
Courts lack authority to impose and enforce payment of "costs of prosecution" as a condition of probation in absence of statutory authority; courts may dismiss a criminal charge upon payment of agreed "costs of prosecution" as part of plea bargain which court accepts. (Unpub.). 42-1982
Crime Victims Compensation
