SB82-SSA1,553 3Section 553. 969.01 (title) of the statutes is renumbered 969.31 (title).
SB82-SSA1,554 4Section 554. 969.01 (1) of the statutes is renumbered 969.31 (1) and amended
5to read:
SB82-SSA1,165,156 969.31 (1) Before conviction. Before conviction, except Except as provided in
7ss. 969.035 and 971.14 s. 969.43 or 971.81 (1r), a defendant arrested for a criminal
8offense
crime is eligible for release before conviction under reasonable conditions
9designed to assure ensure his or her appearance in court, protect members of the
10community from serious bodily harm, or prevent the intimidation of witnesses. Bail
11may be imposed at or after the initial appearance only upon a finding by the court
12that there is a reasonable basis to believe that bail is necessary to assure appearance
13in court. In determining whether any conditions of release are appropriate, the judge
14shall first consider the likelihood of the defendant appearing for trial if released on
15his or her own recognizance.
SB82-SSA1,555 16Section 555. 969.01 (2) (title) of the statutes is repealed.
SB82-SSA1,556 17Section 556. 969.01 (2) (a) of the statutes is renumbered 969.31 (2) and
18amended to read:
SB82-SSA1,165,2419 969.31 (2) After conviction. Release pursuant to s. 969.02 or 969.03 may be
20allowed in the discretion of
In its discretion the trial court may allow release on
21conditions
after conviction and prior to sentencing or the granting of probation. This
22paragraph does not apply to a conviction for a 3rd or subsequent violation that is
23counted as a suspension, revocation, or conviction under s. 343.307, or under s.
24940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.
SB82-SSA1,557
1Section 557. 969.01 (2) (b) and (c) of the statutes are consolidated, renumbered
2974.09 (1) (a) and amended to read:
SB82-SSA1,166,63 974.09 (1) (a) In misdemeanors, release may be allowed upon appeal in the
4discretion of the trial court. (c) In
and felonies, release may be allowed upon appeal
5in the discretion of the trial court pursuant to ss. 809.31, 969.32, 969.33, 969.37,
6969.38, 969.39, 969.40, 969.41, and 969.42
.
SB82-SSA1,558 7Section 558. 969.01 (2) (d) of the statutes is renumbered 974.09 (1) (b) and
8amended to read:
SB82-SSA1,166,109 974.09 (1) (b) The supreme court or a justice thereof or the court of appeals or
10a judge thereof may allow release after conviction pending appeal.
SB82-SSA1,559 11Section 559. 969.01 (2) (e) of the statutes is renumbered 974.09 (1) (c) and
12amended to read:
SB82-SSA1,166,1513 974.09 (1) (c) Any court or judge or any justice authorized to grant release after
14conviction for a misdemeanor or felony may, in addition to the powers granted in s.
15969.08 969.51, revoke the order releasing a defendant.
SB82-SSA1,560 16Section 560. 969.01 (3) of the statutes is renumbered 969.52 and amended to
17read:
SB82-SSA1,167,7 18969.52 Bail for witness Arrest of a witness and release on bond. If A
19judge may issue a warrant for the arrest of a person who is not in court, other than
20the defendant, if
it appears by from an affidavit or examination under oath that there
21is probable cause to believe that
the person's testimony of a person is material in any
22felony
a criminal proceeding and that it may become impracticable to secure the
23person's presence by subpoena, the judge may require such person to give bail for.
24Upon return of the warrant, the court may set conditions of release to secure
the
25person's appearance as a witness. If the witness is not in court, a warrant for the

1person's arrest may be issued and upon return thereof the court may require the
2person to give bail as provided in s. 969.03 for the person's appearance as a witness.

3If the person fails to give bail, the person may be committed satisfy the conditions
4of release, the court may commit the person
to the custody of the sheriff for a period
5not to exceed 15 days, within which time the person's deposition shall be taken as
6provided in
, upon notice to the parties under s. 967.04 967.21. After the deposition
7has been subscribed, the court shall discharge the witness
.
SB82-SSA1,561 8Section 561. 969.01 (4) of the statutes is renumbered 969.33 (1) (intro.) and
9amended to read:
SB82-SSA1,167,1810 969.33 (1) Considerations in setting conditions of release. (intro.) If bail is
11imposed, it shall be only in the amount found necessary to assure the appearance of
12the defendant. Conditions of release, other than monetary conditions, may be
13imposed for the purpose of protecting members of the community from serious bodily
14harm or preventing intimidation of witnesses. Proper considerations in
In
15determining whether to release the defendant without bail, monetary conditions, in
16fixing monetary conditions in a reasonable amount of bail or, or in imposing other
17reasonable conditions of release are: the, the court, judge, or justice may consider,
18without limitation, any of the following
:
SB82-SSA1,167,19 19(a) The ability of the arrested person to give bail, the.
SB82-SSA1,167,21 20(b) The nature, number, and gravity of the alleged offenses and the potential
21penalty the defendant faces, whether.
SB82-SSA1,167,22 22(c) Whether the alleged acts were violent in nature , the.
SB82-SSA1,167,24 23(d) The defendant's prior criminal record of criminal convictions and
24delinquency adjudications, if any, the.
SB82-SSA1,167,25 25(e) The character, health, residence, and reputation of the defendant, the.
SB82-SSA1,168,2
1(f) The character and strength of the evidence which has been presented to the
2judge, whether.
SB82-SSA1,168,4 3(g) Whether the defendant is currently on probation, extended supervision or
4parole, whether.
SB82-SSA1,168,6 5(h) Whether the defendant is already on bail or subject to other release
6conditions in other pending cases, whether.
SB82-SSA1,168,8 7(i) Whether the defendant has been bound over for trial after a preliminary
8examination, whether.
SB82-SSA1,168,10 9(j) Whether the defendant has in the past forfeited bail bond or violated a
10condition of release or was a fugitive from justice at the time of arrest, and the.
SB82-SSA1,168,12 11(k) The policy against unnecessary detention of the defendant's a defendant
12pending trial.
SB82-SSA1,562 13Section 562. 969.02 (title), (1), (2), (3) (a), (b), (c) and (d), (4), (4m), (5), (7), (7m)
14and (8) of the statutes are repealed.
SB82-SSA1,563 15Section 563. 969.02 (2m) of the statutes is renumbered 969.33 (8) and
16amended to read:
SB82-SSA1,168,2017 969.33 (8) Credit cards accepted. The If the court imposes monetary
18conditions of release under this section, the
clerk of circuit court may accept, instead
19of cash,
a credit card or debit card, as defined in s. 59.40 (5) (a) and 1. and 2., instead
20of cash under sub. (2).
SB82-SSA1,564 21Section 564. 969.02 (3) (e) of the statutes is renumbered 969.33 (5) (g) and
22amended to read:
SB82-SSA1,169,323 969.33 (5) (g) If the person defendant is charged with violating a restraining
24order or injunction issued under s. 813.12 or 813.125, may require the person
25requiring the defendant to participate in mental health treatment, a batterer's

1intervention program, or individual counseling. The judge court shall consider a
2request by the district attorney or the petitioner, as defined in s. 301.49 (1) (c), in
3determining whether to issue an order under this paragraph.
SB82-SSA1,565 4Section 565. 969.02 (6) of the statutes is renumbered 969.38 (1) (a) and
5amended to read:
SB82-SSA1,169,136 969.38 (1) (a) When a the court enters a judgment of conviction is entered in
7a prosecution
for a fine or costs or both in a case in which a cash deposit had been
8made in accordance with sub. (2), on a secured appearance bond, the court shall apply
9the balance of such the deposit, after deduction of deducting the bond costs, shall be
10applied first
to the payment of any restitution ordered under s. 973.20 and then, if
11ordered restitution is satisfied in full, to the payment of the judgment. The court
12shall then return any remaining balance of the deposit to the person who made the
13deposit.
SB82-SSA1,566 14Section 566. 969.02 (7m) of the statutes is amended to read:
SB82-SSA1,169,1615 969.02 (7m) The restrictions on the application of cash deposits under subs. (6)
16and (7) do not apply if bail is forfeited under s. 969.13 969.42.
SB82-SSA1,567 17Section 567. 969.03 of the statutes is repealed.
SB82-SSA1,568 18Section 568. 969.035 of the statutes is renumbered 969.43, and 969.43 (4), (5),
19(7), (8) and (10), as renumbered, are amended to read:
SB82-SSA1,170,220 969.43 (4) If the court determines that the district attorney has complied with
21sub. (3), the court may order that the detention of a person who is currently in custody
22be continued or may issue a warrant commanding any law enforcement officer to
23bring the defendant without unnecessary delay before the court. When the
24defendant is brought before the court, he or she shall be given a copy of the documents

1specified in sub. (3) and informed of his or her rights under this section and s. 970.02
2(1) and (6)
971.028.
SB82-SSA1,170,12 3(5) A pretrial detention hearing is a hearing before a court for the purpose of
4determining if the continued detention of the defendant is justified. A pretrial
5detention hearing may be held in conjunction with a preliminary examination under
6s. 970.03 971.042 or a conditional release revocation hearing under s. 969.08 (5) (b)
7969.51 (1), but separate findings shall be made by the court relating to the pretrial
8detention, preliminary examination, and conditional release revocation. The
9pretrial detention hearing shall be commenced within 10 days from the date the
10defendant is detained or brought before the court under sub. (4). The defendant may
11not be denied release from custody in accordance with s. 969.03 for more than 10 days
12prior to the hearing required by this subsection.
SB82-SSA1,170,15 13(7) If the court does not make the findings under sub. (6) (a) and (b) and the
14defendant is otherwise eligible, the defendant shall be released from custody with or
15without conditions in accordance with s. 969.03 ss. 969.31 to 969.33.
SB82-SSA1,170,20 16(8) If the court makes the findings under sub. (6) (a) and (b), the court may deny
17bail to the defendant for an additional period not to exceed 60 days following the
18hearing. If the time period passes and the defendant is otherwise eligible, he or she
19shall be released from custody with or without conditions in accordance with s. s.
20969.03
ss. 969.31 to 969.33.
SB82-SSA1,170,22 21(10) The defendant may petition the court to be released from custody with or
22without conditions in accordance with s. 969.03 ss. 969.31 to 969.33 at any time.
SB82-SSA1,569 23Section 569. 969.04 of the statutes is renumbered 969.40 and amended to
24read:
SB82-SSA1,171,4
1969.40 Surety may satisfy default. Any If a defendant fails to comply with
2the conditions of his or her bond, any
surety may, after default, pay to the clerk of the
3court
the amount for which the surety was bound, or such lesser sum as the court,
4after notice and hearing, may direct, and thereupon be discharged.
SB82-SSA1,570 5Section 570. 969.05 of the statutes is repealed.
SB82-SSA1,571 6Section 571. 969.065 of the statutes is renumbered 969.34 and amended to
7read:
SB82-SSA1,171,12 8969.34 Judicial conference; bail alternatives Bail schedule. The judicial
9conference shall develop guidelines, which the supreme court shall adopt by rule, for
10cash bail for releasing on bond persons accused of misdemeanors which the supreme
11court shall adopt by rule
. The guidelines shall relate primarily to individuals. The
12guidelines
and may be revised from time to time under this section.
SB82-SSA1,572 13Section 572. 969.07 of the statutes is renumbered 969.36 and amended to
14read:
SB82-SSA1,172,7 15969.36 Taking of bail cash deposit by law enforcement officer. When
16bail has monetary conditions of release have been set before the initial appearance
17for a particular defendant, any law enforcement officer may take bail in accordance
18with s. 969.02
a cash deposit and release the defendant to appear at a specified time
19and place
in accordance with the conditions of the appearance stated in the bond.
20Bail shall not be required of a defendant who has been cited for commission of a
21misdemeanor in accordance with s. 968.085.
The law enforcement officer shall give
22a receipt to the defendant for the bail so taken deposit and within a reasonable time
23deposit the bail it with the clerk of the court before whom where the defendant is to
24appear. Bail taken by a law enforcement officer may be taken A law enforcement
25officer may take a cash deposit
only at a sheriff's office or police station. The receipts

1shall be numbered serially and shall be in triplicate, one copy for the defendant, one
2copy to be filed with the clerk and one copy to be filed with the police or sheriff's
3department which takes the bail.
This section does not require the release of a
4defendant from custody when an officer is of the opinion that the defendant is not in
5a fit condition to care for his or her own safety or would constitute, because of his or
6her physical condition, a danger to the safety of others. If a defendant is not released
7under this section, s. 970.01 971.015 (1) shall apply.
SB82-SSA1,573 8Section 573. 969.08 (title) of the statutes is renumbered 969.51 (title) and
9amended to read:
SB82-SSA1,172,11 10969.51 (title) Grant, reduction, increase or revocation Revocations of
11conditions of defendant's release.
SB82-SSA1,574 12Section 574. 969.08 (1), (2), (3) and (4) of the statutes are repealed.
SB82-SSA1,575 13Section 575. 969.08 (5) (a) of the statutes is renumbered 969.51 (1) (a).
SB82-SSA1,576 14Section 576. 969.08 (5) (b) 1. of the statutes is renumbered 969.51 (1) (b) 1. and
15amended to read:
SB82-SSA1,173,416 969.51 (1) (b) 1. If the court determines that the state has complied with par.
17(a), the court may issue a warrant commanding any law enforcement officer to bring
18the defendant without unnecessary delay before the court. When the defendant is
19brought before the court, he or she shall be given a copy of the documents specified
20in par. (a) and informed of his or her rights under s. 970.02 (1) and (6) 971.028. The
21court may hold the defendant in custody and suspend the previously imposed
22conditions of release pending a hearing on the alleged breach. The hearing under
23this paragraph and the preliminary examination under s. 970.03 971.042, if
24required, shall be a combined hearing, with the court making the separate findings
25required under this paragraph and s. 970.03 971.042 at the conclusion of the

1combined hearing. The hearing shall be commenced within 7 days from the date the
2defendant is taken into custody. The defendant may not be held without setting
3conditions of release for more than 7 days unless a hearing is held and the findings
4required by this paragraph are established.
SB82-SSA1,577 5Section 577. 969.08 (5) (b) 2. of the statutes is renumbered 969.51 (1) (b) 2.
SB82-SSA1,578 6Section 578. 969.08 (5) (b) 3. of the statutes is renumbered 969.51 (1) (b) 3. and
7amended to read:
SB82-SSA1,173,178 969.51 (1) (b) 3. Upon a finding by the court that the state has established by
9clear and convincing evidence that the defendant has committed a serious crime
10while on conditional release, the court may revoke the release of the defendant and
11hold the defendant for trial without setting conditions of release. No reference may
12be made during the trial of the offense to the court's finding in the hearing. No
13reference may be made in the trial to any testimony of the defendant at the hearing,
14except if the testimony is used for impeachment purposes. If the court does not find
15that the state has established by clear and convincing evidence that the defendant
16has committed a serious crime while on conditional release, the defendant shall be
17released on bail or other conditions deemed appropriate by the court.
SB82-SSA1,579 18Section 579. 969.08 (5) (b) 4. of the statutes is renumbered 969.51 (1) (b) 4. and
19amended to read:
SB82-SSA1,174,320 969.51 (1) (b) 4. If the release of any defendant is revoked under subd. 3., the
21defendant may demand and shall be entitled to be brought to trial on the offense with
22respect to which he or she was formerly released on conditions within 60 days after
23the date on which he or she appeared before the court under subd. 1. If the defendant
24is not brought to trial within the 60-day period he or she shall not be held longer
25without setting conditions of release and shall be released on bail or other conditions

1deemed appropriate by the court. In computing the 60-day period, the court shall
2omit any period of delay if the court finds that the delay results from a continuance
3granted at the exclusive request of the defendant.
SB82-SSA1,580 4Section 580. 969.08 (5) (b) 5. of the statutes is renumbered 969.51 (1) (b) 5.
SB82-SSA1,581 5Section 581. 969.08 (6) of the statutes is renumbered 969.51 (2).
SB82-SSA1,582 6Section 582. 969.08 (7) of the statutes is renumbered 969.51 (3) and amended
7to read:
SB82-SSA1,174,138 969.51 (3) If a person is charged with the commission of a serious crime in a
9county other than the county in which the person was released on conditions, the
10district attorney and court may proceed under sub. (6) (1) and certify the findings to
11the circuit court for the county in which the person was released on conditions. That
12circuit court shall make the release revocation decision based on the certified
13findings.
SB82-SSA1,583 14Section 583. 969.08 (8) of the statutes is renumbered 969.51 (4) and amended
15to read:
SB82-SSA1,174,1916 969.51 (4) Information stated in, or offered in connection with, any order
17entered under this chapter setting bail or other conditions of release need not
18conform to the rules of evidence, except as provided under sub. (5) (1) (b) 2. or s.
19901.05.
SB82-SSA1,584 20Section 584. 969.08 (9) of the statutes is renumbered 969.51 (5).
SB82-SSA1,585 21Section 585. 969.08 (9m) of the statutes is renumbered 969.51 (6) and
22amended to read:
SB82-SSA1,174,2523 969.51 (6) A person who has had bail bond revoked under this section is entitled
24to placement of his or her case on an expedited trial calendar and his or her trial shall
25be given priority.
SB82-SSA1,586
1Section 586. 969.08 (10) of the statutes is renumbered 969.51 (7).
SB82-SSA1,587 2Section 587. 969.09 (title), (1) and (3) of the statutes are repealed.
SB82-SSA1,588 3Section 588. 969.09 (2) of the statutes is renumbered 974.09 (2) and amended
4to read:
SB82-SSA1,175,115 974.09 (2) If the defendant is admitted to bail upon released on conditions
6pending
appeal, the conditions of the bond shall be that the defendant will duly
7prosecute the defendant's appeal, that the defendant will appear at such the time
8and place as that the court directs, and that, if the judgment is affirmed or reversed
9and remanded for a new trial or further proceedings upon notice after remittitur, the
10defendant will surrender to the sheriff of the county in which the defendant was
11tried.
SB82-SSA1,589 12Section 589. 969.10 of the statutes is amended to read:
SB82-SSA1,175,16 13969.10 Notice of change of address. A person who has been released on bail
14or other
conditions shall give written notice to the clerk of any change in his or her
15address within 48 hours after the change. This requirement shall be printed on all
16bonds.
SB82-SSA1,590 17Section 590. 969.11 of the statutes is renumbered 969.35 and amended to
18read:
SB82-SSA1,176,3 19969.35 Release upon arrest in another county. (1) If the defendant is
20arrested in a county other than the county in which the offense was committed may
21be tried under s. 970.14
, he or she shall, without unreasonable delay, either be
22brought before a judge of the county in which arrested
and for the purpose of setting
23bail or other conditions of release, be brought before a judge of either the county
24where he or she was arrested
or be returned to the county in which where the offense
25was committed. The may be tried under s. 970.14. If the defendant is brought before

1a judge in the county where he or she was arrested, the
judge shall release him or
2her on conditions imposed in accordance with this chapter to appear before a court
3in the county in which the offense was committed at a specified time and place.
SB82-SSA1,176,8 4(2) If the defendant is released on bail or other conditions pursuant to a judge
5of a county other than the county where the offense may be tried under s. 970.14
6released the defendant under
sub. (1), the judge shall make a record of the
7proceedings and, shall certify his or her minutes thereof of the proceedings, and shall
8forward the bond and bail to the court before whom the defendant is bound to appear.
SB82-SSA1,591 9Section 591. 969.12 of the statutes is renumbered 969.39.
SB82-SSA1,592 10Section 592. 969.13 of the statutes is renumbered 969.42.
SB82-SSA1,593 11Section 593. 969.14 of the statutes is repealed.
SB82-SSA1,594 12Section 594. Subchapter I (title) of chapter 969 [precedes 969.15] of the
13statutes is created to read:
SB82-SSA1,176,1414 chapter 969
SB82-SSA1,176,1615 subchapter i
16 arrests, summonses, and citations
SB82-SSA1,595 17Section 595. 969.15 of the statutes is created to read:
SB82-SSA1,176,20 18969.15 Securing the defendant's initial appearance. The initial
19appearance of a person charged with a crime may be secured in any of the following
20ways:
SB82-SSA1,176,21 21(1) By the person's voluntary appearance.
SB82-SSA1,176,22 22(2) By the person's appearance in response to a citation.
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