LRB-1751/1
JEO:kaf:jf
1997 - 1998 LEGISLATURE
March 6, 1997 - Introduced by Representatives Kreuser, Steinbrink, Huber, F.
Lasee, Lazich and
Musser, cosponsored by Senators Grobschmidt, Farrow,
Huelsman, Weeden and
Welch. Referred to Committee on Judiciary.
AB163,1,2
1An Act to amend 809.31 (1), 969.01 (2) (b) and 969.01 (2) (e) of the statutes;
2relating to: release of a person convicted of a misdemeanor pending appeal.
Analysis by the Legislative Reference Bureau
Under current law, a person who has been convicted of a crime and sentenced
to imprisonment and who is appealing his or her conviction may seek release from
the sentence of imprisonment while his or her appeal is pending. If the person has
been convicted of a felony, the trial court may allow the person to be released while
the appeal is pending, but the trial court is not required to do so. If the court does
order the person released while the appeal is pending, the court must set appropriate
conditions of release, which may include monetary conditions of release (bail) if that
is necessary to assure the appearance of the person. If the person has been convicted
of a misdemeanor, the court must allow release under appropriate conditions.
Because current law requires the release of a person convicted of a misdemeanor
while the person's appeal is pending, the court of appeals has held that an indigent
person who is appealing a misdemeanor conviction may not be required to post bail.
State v. Lipke, 186 Wis. 2d 358 (Ct. App. 1994).
This bill eliminates the requirement under current law that a person who has
been convicted of a misdemeanor and who is appealing that conviction must be
released while his or her appeal is pending. Under the bill, a court may release a
person who is appealing a misdemeanor conviction, but the court is not required to
do so. If the court does order the person released while the appeal is pending, the
court must set appropriate conditions of release, which may include bail if that is
necessary to assure the appearance of the person.
For further information see the state and 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:
AB163, s. 1
1Section
1. 809.31 (1) of the statutes is amended to read:
AB163,2,52
809.31
(1) A defendant convicted of a
misdemeanor or felony who is seeking
3relief from a conviction and sentence of imprisonment or to the intensive sanctions
4program and who seeks release on bond pending a determination of a motion or
5appeal shall file in the trial court a motion seeking release.
AB163, s. 2
6Section
2. 969.01 (2) (b) of the statutes is amended to read:
AB163,2,87
969.01
(2) (b) In misdemeanors, release
shall may be allowed upon appeal
in
8the discretion of the trial court.
AB163, s. 3
9Section
3. 969.01 (2) (e) of the statutes is amended to read:
AB163,2,1210
969.01
(2) (e) Any court or judge or any justice authorized to grant release after
11conviction for a
misdemeanor or felony may, in addition to the powers granted in s.
12969.08, revoke the order releasing a defendant.
AB163,2,1514
(1) This act first applies to offenses committed on the effective date of this
15subsection.
