LRB-1882/2
CMH:sac:jm
2013 - 2014 LEGISLATURE
May 3, 2013 - Introduced by Representatives Weatherston, Mason, Berceau,
Bernier, Bies, Honadel, Jacque, Kahl, Kerkman, Kleefisch, Kolste, T.
Larson
, LeMahieu, Milroy, Pridemore, Richards, Ringhand, Spiros, Stone,
C. Taylor, Tittl, Wright, Kaufert, Ohnstad and Billings, cosponsored by
Senators Grothman, Lassa, Lehman, Leibham, Schultz and Wirch. Referred
to Committee on Criminal Justice.
AB190,1,3 1An Act to amend 969.03 (1) (intro.) and 969.03 (1) (b); and to create 969.03 (1e)
2of the statutes; relating to: travel, association, and residency conditions of
3release before trial for individuals charged with felony sexual assault of a child.
Analysis by the Legislative Reference Bureau
Under current law, a judge may release a defendant charged with a felony
without bail or upon the execution of an unsecured appearance bond. The judge may
impose conditions of the release including: placing the defendant in the custody of
a person or organization; restricting the defendant's travel, association, or residency;
or prohibiting the defendant from possessing any dangerous weapon. The judge may
also deny release to a defendant charged with certain felonies including first-degree
or second-degree sexual assault of a child or repeated sexual assault of the same
child (child sex offense).
This bill requires a judge who is releasing a defendant charged with a child sex
offense to impose the following as conditions of release: a restriction that the
defendant avoid the residence, school, or place of employment of the alleged victim;
a restriction that the defendant avoid contacting, or attempting to contact, the
alleged victim; and a restriction that the defendant not reside within 250 feet, or
more if the judge so orders, of the residence of the alleged victim or on a property that
is adjacent to the residence of the alleged victim.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB190,1
1Section 1. 969.03 (1) (intro.) of the statutes is amended to read:
AB190,2,62 969.03 (1) (intro.) A defendant charged with a felony may be released by the
3judge without bail or upon the execution of an unsecured appearance bond or the.
4The
judge may in addition to requiring the execution of an appearance bond or in lieu
5thereof impose one or more of the following conditions which will assure appearance
6for trial:
AB190,2 7Section 2. 969.03 (1) (b) of the statutes is amended to read:
AB190,2,98 969.03 (1) (b) Place Except as provided in sub. (1e), place restrictions on the
9travel, association, or place of abode of the defendant during the period of release.
AB190,3 10Section 3. 969.03 (1e) of the statutes is created to read:
AB190,2,1311 969.03 (1e) If the defendant is charged with a violation of s. 948.02 (1) or (2)
12or 948.025 (1), the judge shall impose, in addition to requiring under sub. (1) the
13execution of an appearance bond or in lieu thereof, all of the following conditions:
AB190,2,1514 (a) A restriction that the defendant avoid the residence, school, or place of
15employment or any temporary residence of the alleged victim of the violation.
AB190,2,1816 (b) A restriction that the defendant avoid contacting, attempting to contact, or
17causing any person other than a party's attorney or a law enforcement officer to
18contact or attempt to contact the alleged victim of the violation.
AB190,2,2219 (c) A restriction that the defendant not reside within 250 feet, or a greater
20distance if the judge so orders, of the residence of the alleged victim of the violation
21and that the defendant not reside on a property that is adjacent to the residence of
22the alleged victim of the violation.
AB190,4 23Section 4. Initial applicability.
AB190,3,2
1(1) This act first applies to releases granted on the effective date of this
2subsection.
AB190,3,33 (End)
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