LRB-3725/1
MLJ:amn
2019 - 2020 LEGISLATURE
March 13, 2020 - Introduced by Representatives Sortwell, Steffen and Murphy.
Referred to Committee on Judiciary.
AB1005,1,3
1An Act to renumber and amend 805.13 (4); and
to create 756.10 and 805.13
2(4) (a) of the statutes;
relating to: duties of a jury and jury determinations as
3to the application of law.
Analysis by the Legislative Reference Bureau
This bill provides that it is the duty of a jury to try the issues in an action or
proceeding by judging the evidence in a case and the application of the law in relation
to the evidence provided and the facts in controversy. This bill also provides that, in
a criminal action in which a jury finds that the state has proved all of the elements
of the charged offense beyond a reasonable doubt, the jury may find the defendant
not guilty if, based upon the facts of the case, the jury finds that a guilty verdict will
yield an unjust result.
The bill also requires the court to instruct the jury of its duties orally and in
writing, including providing a written copy of the full text of the statute that
describes the duties of a jury.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1005,1
4Section
1. 756.10 of the statutes is created to read:
AB1005,2,3
1756.10 Duties of a jury.
(1) It is the duty of a jury to try the issues in an action
2or proceeding by judging the evidence in a case and the application of the law in
3relation to the evidence provided and the facts in controversy.
AB1005,2,8
4(2) In a criminal proceeding, if the jury has a reasonable doubt as to whether
5the prosecuting attorney has proved any one or more of the elements of the charged
6offense, the jury should find the defendant not guilty. If the jury finds that the
7prosecuting attorney has proved all of the elements of the charged offense beyond a
8reasonable doubt, the jury should find the defendant guilty.
AB1005,2,12
9(3) Notwithstanding sub. (2), in a criminal proceeding in which a jury finds that
10the state has proved all of the elements of the charged offense beyond a reasonable
11doubt, the jury may find the defendant not guilty if, based upon the facts of the case,
12the jury finds that a guilty verdict will yield an unjust result.
AB1005,2
13Section 2
. 805.13 (4) of the statutes is renumbered 805.13 (4) (b) and amended
14to read:
AB1005,2,1815
805.13
(4) (b) The court shall instruct the jury before or after closing arguments
16of counsel. Failure to object to a material variance or omission between the
17instructions given and the instructions proposed does not constitute a waiver of
18error.
AB1005,2,22
19(c) The court shall provide the jury with one complete set of written instructions
20providing the
full text of s. 756.10, which explains the duties of a jury, and an
21explanation of the burden of proof and the substantive law to be applied to the case
22to be decided.
AB1005,3
23Section 3
. 805.13 (4) (a) of the statutes is created to read:
AB1005,3,2
1805.13
(4) (a) The court shall instruct the jury of its duties under s. 756.10
2orally and in writing.
