1995 - 1996 LEGISLATURE
September 6, 1995 - Introduced by Senators Petak, Huelsman, Buettner, Darling
and Fitzgerald, cosponsored by Representatives Plache, Porter, Albers,
Brandemuehl, Kaufert, Huebsch, Cullen, Riley, R. Young, Lehman, F. Lasee

and Olsen. Referred to Committee on Judiciary.
SB321,1,4 1An Act to consolidate, renumber and amend 969.02 (2) (intro.) and (b); and
2to amend 969.02 (6), 969.02 (7), 969.03 (1) (d), 969.03 (4) and 969.03 (5) of the
3statutes; relating to: applying cash deposited for bail to judgments for fines or
4costs in criminal cases.
Analysis by the Legislative Reference Bureau
Under current law, a judge may set conditions of release for a person charged
with a crime (a defendant) that are designed to assure the defendant's appearance
in court. A judge may require the defendant to execute an unsecured appearance
bond in a specified amount or, as an alternative to an unsecured appearance bond,
a judge may require the defendant to execute an appearance bond in a specified
amount that must either be guaranteed by solvent sureties or posted as a cash
deposit. If the defendant is convicted and ordered to pay a fine or court costs or both,
any cash deposited for an appearance bond must be applied to the payment of the fine
and costs, with any remaining amount returned to the defendant. Because the
Wisconsin supreme court has held that bail money is conclusively presumed to be the
defendant's property, cash deposited must be applied to the payment of the
defendant's fine and costs regardless of whether the cash was deposited by the
defendant or by another person on behalf of the defendant. State ex rel. Glidden v.
Fowler
, 192 Wis. 151 (1927). This rule was reaffirmed and held not to violate
constitutional prohibitions against excessive bail in State v. Iglesias, 185 Wis. 2d 118
(1994).
This bill provides that only cash deposited by a defendant for an appearance
bond may be applied to a fine and costs that the defendant is ordered to pay after
being convicted. Thus, under the bill, if a person makes a cash deposit for an
appearance bond on behalf of a defendant and the defendant is convicted and ordered
to pay a fine or costs or both, the court must return the cash deposit to the person and
may not apply the cash deposit to any fine and costs that the defendant is ordered
to pay.

For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB321, s. 1 1Section 1. 969.02 (2) (intro.) and (b) of the statutes are consolidated,
2renumbered 969.02 (2) and amended to read:
SB321,2,83 969.02 (2) In lieu of release pursuant to sub. (1), the judge may: (b) Require
4require the execution of an appearance bond with sufficient solvent sureties, or the
5deposit of cash in lieu thereof of sureties. The defendant, or another person on the
6defendant's behalf, may make a cash deposit in lieu of sureties under this subsection.
7The court's record of and the receipt for a cash deposit made under this subsection
8shall state the name and address of the person who is making the deposit
.
SB321, s. 2 9Section 2. 969.02 (6) of the statutes is amended to read:
SB321,2,1610 969.02 (6) When a judgment for a fine or costs or both is entered in a prosecution
11in which the defendant has made a cash deposit had been made in accordance with
12sub. (2), the balance of such the cash deposit made by the defendant, after deduction
13of the bond costs, shall be applied to the payment of the judgment. A cash deposit
14made under sub. (2) by a person other than the defendant may not be applied to the
15payment of the judgment and shall be returned to the person who made the cash
16deposit.
SB321, s. 3 17Section 3. 969.02 (7) of the statutes is amended to read:
SB321,2,2118 969.02 (7) If the complaint against the defendant has been dismissed or if the
19defendant has been acquitted, the entire sum of cash deposited shall be returned.
20A deposit
under sub. (2) shall be returned to the person who made the deposit, his
21or her heirs or assigns, subject to sub. (6).
SB321, s. 4
1Section 4. 969.03 (1) (d) of the statutes is amended to read:
SB321,3,72 969.03 (1) (d) Require the execution of an appearance bond with sufficient
3solvent sureties, or the deposit of cash in lieu of sureties. The defendant, or another
4person on the defendant's behalf, may make a cash deposit in lieu of sureties under
5this paragraph. The court's record of and the receipt for a cash deposit made under
6this paragraph shall state the name and address of the person who is making the
7deposit.
SB321, s. 5 8Section 5. 969.03 (4) of the statutes is amended to read:
SB321,3,159 969.03 (4) If a judgment for a fine or costs or both is entered in a prosecution
10in which the defendant has made a cash deposit had been made in accordance with
11sub. (1) (d), the balance of the cash deposit made by the defendant, after deduction
12of the bond costs, shall be applied to the payment of the judgment. A cash deposit
13made under sub. (1) (d) by a person other than the defendant may not be applied to
14the payment of the judgment and shall be returned to the person who made the cash
15deposit.
SB321, s. 6 16Section 6. 969.03 (5) of the statutes is amended to read:
SB321,3,2017 969.03 (5) If the complaint against the defendant has been dismissed or if the
18defendant has been acquitted, the entire sum of cash deposited shall be returned.
19A deposit
under sub. (1) (d) shall be returned to the person who made the deposit, his
20or her heirs or assigns, subject to sub. (4).
SB321,3,2121 (End)
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