Amendment ASA1-AB452

LRBs0385/1

JEO:jlg:jf

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 452

January 6, 1998 - Offered by Committee on Criminal Justice and Corrections.

AB452-ASA1,1,3 An Act to amend 969.05 (1), 969.05 (2) and 969.07; and to create 968.077 and 969.05 (3) of the statutes; relating to: release of persons arrested for certain crimes against children.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB452-ASA1, s. 1 Section 1. 968.077 of the statutes is created to read:

AB452-ASA1,1,8 968.077 Release of persons arrested for certain crimes against children. A person arrested and taken into custody for a violation of s. 948.02, 948.025, 948.03, 948.09, 948.20 or 948.21 may not be released until a court has established conditions of release for the person under s. 969.02 or 969.03.

AB452-ASA1, s. 2 Section 2. 969.05 (1) of the statutes is amended to read:

AB452-ASA1,1,11 969.05 (1) In Except as provided in sub. (3), in misdemeanor actions, the judge who issues a warrant may endorse upon the warrant the amount of bail.

AB452-ASA1, s. 3 Section 3. 969.05 (2) of the statutes is amended to read:

AB452-ASA1,2,2 969.05 (2) The Except as provided in sub. (3), the amount and method of posting bail may be indorsed endorsed upon felony warrants.

AB452-ASA1, s. 4 Section 4. 969.05 (3) of the statutes is created to read:

AB452-ASA1,2,6 969.05 (3) A warrant issued for a person for a violation of s. 948.02, 948.025, 948.03, 948.09, 948.20 or 948.21 may not be endorsed with the amount or method of posting bail.

AB452-ASA1, s. 5 Section 5. 969.07 of the statutes is amended to read:

AB452-ASA1,2,23 969.07 Taking of bail by law enforcement officer. When Subject to s. 968.077, when bail has been set for a particular defendant, any law enforcement officer may take bail in accordance with s. 969.02 and release the defendant to appear in accordance with the conditions of the appearance bond. Bail shall not be required of a defendant who has been cited for commission of a misdemeanor in accordance with s. 968.085. The law enforcement officer shall give a receipt to the defendant for the bail so taken and within a reasonable time deposit the bail with the clerk of court before whom the defendant is to appear. Bail taken by a law enforcement officer may be taken only at a sheriff's office or police station. The receipts shall be numbered serially and shall be in triplicate, one copy for the defendant, one copy to be filed with the clerk and one copy to be filed with the police or sheriff's department which takes the bail. This section does not require the release of a defendant from custody when an officer is of the opinion that the defendant is not in a fit condition to care for his or her own safety or would constitute, because of his or her physical condition, a danger to the safety of others. If a defendant is not released under this section, s. 970.01 shall apply.

AB452-ASA1,2,24 (End)