2017 - 2018 LEGISLATURE
February 6, 2017 - Introduced by Representatives Thiesfeldt, Allen, Ballweg, E.
Brooks, Edming, Mursau, Spiros, Steffen, Tusler, Wichgers and
Skowronski, cosponsored by Senators Wanggaard and Feyen. Referred to
Committee on Judiciary.
1An Act to repeal
345.35; and to amend
345.34 (1) and 345.36 (title) and (1) of 2
the statutes; relating to: court proceedings for traffic violations.
Analysis by the Legislative Reference Bureau
This bill eliminates references to an immediate trial for a person appearing in
court in response to certain traffic citations.
Under current law, when a person appears in court in response to a traffic
citation, the court is required to ask whether the person pleads guilty, not guilty, or
no contest. If the person pleads not guilty, the person may ask the court for an
immediate trial or request a continuance. This bill eliminates references to
continuance and to immediate trial except for nonmoving traffic violations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
345.34 (1) of the statutes is amended to read:
If the defendant appears in response to a citation, or is arrested and 5
brought before a court with jurisdiction to try the case, the defendant shall be 6
informed that he or she is entitled to a jury trial and then asked whether he or she
7wishes presently to plead, or whether he or she wishes a continuance. If the
1defendant wishes to plead, the. The
defendant may plead guilty, not guilty,
or no 2
contest. If the defendant requests a continuance at the initial appearance, the court
3shall adjourn the arraignment without entering any plea.
345.35 of the statutes is repealed.
345.36 (title) and (1) of the statutes are amended to read:
(title) Not guilty plea;
continuance; failure to appear. (1) If 7Except as provided in this subsection, if
the defendant pleads not guilty and requests
the court shall set a future
date for trial or advise the defendant that 9
notice will later be sent of the date set for trial. If the defendant appears in response
10to a nonmoving traffic violation under s. 345.28, the court may provide an immediate
The court shall release the defendant if he or she posts an appearance bond, 12
or the court may release the defendant on recognizance or without bail. A defendant 13
not so released shall be committed to jail to await trial.
(1) This act first applies to court proceedings commenced on the effective date 16
of this subsection.