Amendment AA2-AB642

LRBa1762/1

CMH:wlj&klm

2017 - 2018 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 642

January 10, 2018 - Offered by Representative Goyke.

AB642-AA2,1,1 At the locations indicated, amend the bill as follows:

AB642-AA2,1,2 1. Page 2, line 6: after that line insert:

AB642-AA2,1,3 “ Section 1L. 969.035 (2) (c) of the statutes is created to read:

AB642-AA2,1,6 969.035 (2) (c) A person accused of committing or attempting to commit a crime if an evidence-based risk assessment tool has validated the need for the person to be denied release from custody under this section.

AB642-AA2,1n Section 1n. 969.035 (3) (a), (b) and (c) of the statutes are amended to read:

AB642-AA2,1,9 969.035 (3) (a) Alleges that the defendant is eligible for denial of release under sub. (2) (a) or, (b), or (c).

AB642-AA2,1,11 (b) Provides a copy of the complaint charging the commission or attempted commission of the present offense specified in sub. (2) (a) or, (b), or (c).

AB642-AA2,2,3 (c) Alleges that available conditions of release will not adequately protect members of the community from serious bodily harm or prevent the intimidation of witnesses. If the denial of release is under sub. (2) (c), the district attorney shall also provide the court with the data from the evidence-based risk assessment tool validating the allegation under this paragraph.

AB642-AA2,1p Section 1p. 969.035 (6) (a) of the statutes is amended to read:

AB642-AA2,2,9 969.035 (6) (a) The state has the burden of going forward and proving by clear and convincing evidence that the defendant committed an offense specified under sub. (2) (a), or that the defendant committed or attempted to commit a violent crime subsequent to a prior conviction for a violent crime, or that the evidence-based risk assessment tool has validated the need for the defendant to be denied release.”.

AB642-AA2,2,10 (End)