LRB-2520/1
JEO:jlg&kmg:arm
1997 - 1998 LEGISLATURE
March 20, 1997 - Introduced by Representatives Albers, Dobyns, Porter, Lazich,
Hahn, Ladwig, Musser, Ainsworth, La Fave, Owens, Grothman, Freese, F.
Lasee, Brandemuehl, Goetsch, Plale, Sykora, Gunderson and Zukowski,
cosponsored by Senators Schultz, Fitzgerald, Grobschmidt, Clausing, Zien,
Huelsman, Panzer, Welch and Rosenzweig. Referred to Committee on
Judiciary.
AB204,1,3
1An Act to amend 809.31 (1), 969.01 (2) (b), 969.01 (2) (c) and 969.01 (2) (e) of the
2statutes;
relating to: release of certain persons convicted of a misdemeanor
3pending appeal.
Analysis by the Legislative Reference Bureau
Under current law, if a person who is convicted of a misdemeanor is a repeat
offender, the maximum term of imprisonment for the misdemeanor may be increased
by not more than 3 years. A person is a repeat offender if, during the 5-year period
immediately preceding the commission of the misdemeanor for which he or she is
being sentenced, the person was either: 1) convicted of a felony; or 2) convicted of a
misdemeanor on 3 separate occasions.
Also, 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.
This bill eliminates the requirement that a person convicted of a misdemeanor
be released pending appeal of the misdemeanor conviction if that person is a repeat
offender who was given an increased sentence for the misdemeanor. Instead, under
the bill a court may, but is not required to, release the person while his or her appeal
is pending. If the court does order the person released while the appeal is pending,
the court must set appropriate conditions of release. If the person is not a repeat
offender who was given an increased sentence, the requirement under current law
that a person convicted of a misdemeanor be released pending appeal will still apply
to that 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:
AB204, s. 1
1Section
1. 809.31 (1) of the statutes is amended to read:
AB204,2,62
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
under s. 969.01 (2) (c) pending a
5determination of a motion or appeal shall file in the trial court a motion seeking
6release.
AB204, s. 2
7Section
2. 969.01 (2) (b) of the statutes is amended to read:
AB204,2,98
969.01
(2) (b) In misdemeanors
other than misdemeanors specified in par. (c),
9release shall be allowed upon appeal.
AB204, s. 3
10Section
3. 969.01 (2) (c) of the statutes is amended to read:
AB204,2,1311
969.01
(2) (c) In
misdemeanors in which an enhanced sentence under s. 939.62
12(1) (a) was imposed on the defendant and in felonies, release may be allowed upon
13appeal in the discretion of the trial court.
AB204, s. 4
14Section
4. 969.01 (2) (e) of the statutes is amended to read:
AB204,2,1715
969.01
(2) (e) Any court or judge or any justice authorized to grant release
16under par. (c) after conviction for a
misdemeanor or felony may, in addition to the
17powers granted in s. 969.08, revoke the order releasing a defendant.
AB204,3,32
(1) This act first applies to offenses committed on the effective date of this
3subsection.
