AB383,185,1414
967.025
(1) "Bail" means monetary conditions of release
on bond.
AB383,585
15Section
585. 969.001 (2) of the statutes is repealed.
AB383,586
16Section
586. 969.01 (title) of the statutes is renumbered 969.31 (title).
AB383,587
17Section
587. 969.01 (1) of the statutes is renumbered 969.31 (1) and amended
18to read:
AB383,186,319
969.31
(1) Before conviction. Before conviction, except Except as provided in
20ss. 969.035 and 971.14 (1r) s. 969.43 or 975.32, a defendant arrested for a
criminal
21offense crime is eligible for release
before conviction under reasonable conditions
22designed to
assure ensure his or her appearance in court, protect members of the
23community from serious bodily harm, or prevent the intimidation of witnesses.
Bail
24may be imposed at or after the initial appearance only upon a finding by the court
25that there is a reasonable basis to believe that bail is necessary to assure appearance
1in court. In determining whether any conditions of release are appropriate, the judge
2shall first consider the likelihood of the defendant appearing for trial if released on
3his or her own recognizance.
AB383,588
4Section
588. 969.01 (2) (title) of the statutes is repealed.
AB383,589
5Section
589. 969.01 (2) (a) of the statutes is renumbered 969.31 (2) and
6amended to read:
AB383,186,127
969.31
(2) After conviction. Release pursuant to s. 969.02 or 969.03 may be
8allowed in the discretion of In its discretion the trial court
may allow release on
9conditions after conviction and prior to sentencing
or the granting of probation. This
10paragraph does not apply to a conviction for a 3rd or subsequent violation that is
11counted as a suspension, revocation, or conviction under s. 343.307, or under s.
12940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.
AB383,590
13Section
590. 969.01 (2) (b) and (c) of the statutes are consolidated, renumbered
14974.09 (1) (a) and amended to read:
AB383,186,1815
974.09
(1) (a) In misdemeanors
, release may be allowed upon appeal in the
16discretion of the trial court. (c) In and felonies, release may be allowed upon appeal
17in the discretion of the
trial court
pursuant to ss. 809.31, 969.32, 969.33, 969.37,
18969.38, 969.39, 969.40, 969.41, and 969.42.
AB383,591
19Section
591. 969.01 (2) (d) of the statutes is renumbered 974.09 (1) (b) and
20amended to read:
AB383,186,2221
974.09
(1) (b) The supreme court or a justice thereof or the court of appeals or
22a judge thereof may allow release
after conviction
pending appeal.
AB383,592
23Section
592. 969.01 (2) (e) of the statutes is renumbered 974.09 (1) (c).
AB383,593
24Section
593. 969.01 (3) of the statutes is renumbered 969.52 and amended to
25read:
AB383,187,15
1969.52 Bail for witness
Arrest of a witness and release on bond. If A
2judge may issue a warrant for the arrest of a person who is not in court, other than
3the defendant, if it appears
by from an affidavit
or examination under oath that
there
4is probable cause to believe that the
person's testimony
of a person is material in
any
5felony a criminal proceeding and that it may become impracticable to secure the
6person's presence by subpoena
, the judge may require such person to give bail for.
7Upon return of the warrant, the court may set conditions of release to secure the
8person's appearance as a witness.
If the witness is not in court, a warrant for the
9person's arrest may be issued and upon return thereof the court may require the
10person to give bail as provided in s. 969.03 for the person's appearance as a witness. 11If the person fails to
give bail, the person may be committed satisfy the conditions
12of release, the court may commit the person to the custody of the sheriff for a period
13not to exceed 15 days
, within which time the person's deposition shall be taken
as
14provided in, upon notice to the parties under s.
967.04 967.21. After the deposition
15has been subscribed, the court shall discharge the witness.
AB383,594
16Section
594. 969.01 (4) of the statutes is renumbered 969.33 (1) (intro.) and
17amended to read:
AB383,188,218
969.33
(1) Considerations in setting conditions of release. (intro.)
If bail is
19imposed, it shall be only in the amount found necessary to assure the appearance of
20the defendant. Conditions of release, other than monetary conditions, may be
21imposed for the purpose of protecting members of the community from serious bodily
22harm or preventing intimidation of witnesses. Proper considerations in In 23determining whether to release the defendant without
bail, monetary conditions, in 24fixing
monetary conditions in a reasonable amount
of bail or, or in imposing other
1reasonable conditions
of release are: the, the court, judge, or justice may consider,
2without limitation, any of the following:
AB383,188,3
3(a) The ability of the arrested person to give bail
, the.
AB383,188,5
4(b) The nature, number
, and gravity of the
alleged offenses and the potential
5penalty the defendant faces
, whether.
AB383,188,6
6(c) Whether the alleged acts were violent in nature
,the.
AB383,188,8
7(d) The defendant's prior
record of criminal convictions and delinquency
8adjudications criminal record, if any
, the.
AB383,188,9
9(e) The character, health, residence
, and reputation of the defendant
, the.
AB383,188,11
10(f) The character and strength of the evidence which has been presented to the
11judge
, whether.
AB383,188,13
12(g) Whether the defendant is currently on probation, extended supervision or
13parole
, whether.
AB383,188,16
14(h) Whether the defendant is already
on bail or subject to other release
15conditions in other pending cases
, whether the defendant has been bound over for
16trial after a preliminary examination, whether.
AB383,188,18
17(i) Whether the defendant has in the past forfeited
bail bond or violated a
18condition of release or was a fugitive from justice at the time of arrest
, and the.
AB383,188,20
19(j) The policy against unnecessary detention of
the defendant's a defendant 20pending trial.
AB383,595
21Section
595. 969.02 (title), (1), (2), (3) (a), (b), (c) and (d), (4), (4m), (5), (7), (7m)
22and (8) of the statutes are repealed.
AB383,596
23Section
596. 969.02 (2m) of the statutes is renumbered 969.33 (8) and
24amended to read:
AB383,189,4
1969.33
(8) Credit cards accepted. The If the court imposes monetary
2conditions of release under this section, the clerk of circuit court may accept
, instead
3of cash, a credit card or debit card, as defined in s. 59.40 (5) (a) and 1. and 2.
, instead
4of cash under sub. (2).
AB383,189,127
969.33
(5) (g) If the
person defendant is charged with violating a restraining
8order or injunction issued under s. 813.12 or 813.125,
may require the person 9requiring the defendant to participate in mental health treatment, a batterer's
10intervention program, or individual counseling. The
judge court shall consider a
11request by the district attorney or the petitioner, as defined in s. 301.49 (1) (c), in
12determining whether to issue an order under this paragraph.
AB383,598
13Section
598. 969.02 (6) of the statutes is renumbered 969.38 (1) (a) and
14amended to read:
AB383,189,2215
969.38
(1) (a) When
a the court enters a judgment
of conviction is entered in
16a prosecution for a fine or costs or both in a case in which a
cash deposit had been
17made
in accordance with sub. (2), on a secured appearance bond, the court shall apply 18the balance of
such the deposit, after
deduction of deducting the bond costs,
shall be
19applied first to the payment of any restitution ordered under s. 973.20 and then, if
20ordered restitution is satisfied in full, to the payment of the judgment.
The court
21shall then return any remaining balance of the deposit to the person who made the
22deposit.
AB383,599
23Section
599. 969.03 of the statutes is repealed.
AB383,600
24Section
600. 969.035 of the statutes is renumbered 969.43, and 969.43 (4), (5),
25(7), (8) and (10), as renumbered, are amended to read:
AB383,190,7
1969.43
(4) If the court determines that the district attorney has complied with
2sub. (3), the court may order that the detention of a person who is currently in custody
3be continued or may issue a warrant commanding any law enforcement officer to
4bring the defendant without unnecessary delay before the court. When the
5defendant is brought before the court, he or she shall be given a copy of the documents
6specified in sub. (3) and informed of his or her rights under this section and s.
970.02
7(1) and (6) 971.027.
AB383,190,17
8(5) A pretrial detention hearing is a hearing before a court for the purpose of
9determining if the continued detention of the defendant is justified. A pretrial
10detention hearing may be held in conjunction with a
preliminary examination under
11s. 970.03 or a conditional release revocation hearing under s.
969.08 (5) (b) 969.51
12(1), but separate findings shall be made by the court relating to the pretrial
13detention
, preliminary examination and conditional release revocation. The pretrial
14detention hearing shall be commenced within 10 days from the date the defendant
15is detained or brought before the court under sub. (4). The defendant may not be
16denied release from custody
in accordance with s. 969.03 for more than 10 days prior
17to the hearing required by this subsection.
AB383,190,20
18(7) If the court does not make the findings under sub. (6) (a) and (b) and the
19defendant is otherwise eligible, the defendant shall be released from custody with or
20without conditions in accordance with
s. 969.03 ss. 969.31 to 969.33.
AB383,190,25
21(8) If the court makes the findings under sub. (6) (a) and (b), the court may deny
22bail to the defendant for an additional period not to exceed 60 days following the
23hearing. If the time period passes and the defendant is otherwise eligible, he or she
24shall be released from custody with or without conditions in accordance with s.
s.
25969.03 ss. 969.31 to 969.33.
AB383,191,2
1(10) The defendant may petition the court to be released from custody with or
2without conditions in accordance with
s. 969.03 ss. 969.31 to 969.33 at any time.
AB383,601
3Section
601. 969.04 of the statutes is renumbered 969.40 and amended to
4read:
AB383,191,8
5969.40 Surety may satisfy default.
Any If a defendant fails to comply with
6the conditions of his or her bond, any surety may
, after default, pay to the clerk
of the
7court the amount for which the surety was bound, or such lesser sum as the court,
8after notice and hearing, may direct, and thereupon be discharged.
AB383,602
9Section
602. 969.05 of the statutes is repealed.
AB383,603
10Section
603. 969.065 of the statutes is renumbered 969.34 and amended to
11read:
AB383,191,16
12969.34 Judicial conference; bail alternatives Bail schedule. The judicial
13conference shall develop guidelines
, which the supreme court shall adopt by rule, for
14cash bail for releasing on bond persons accused of misdemeanors
which the supreme
15court shall adopt by rule. The guidelines shall relate primarily to individuals
. The
16guidelines and may be revised from time to time
under this section.
AB383,604
17Section
604. 969.07 of the statutes is renumbered 969.36 and amended to
18read:
AB383,192,11
19969.36 Taking of bail cash deposit by law enforcement officer. When
20bail has monetary conditions of release have been set
before the initial appearance 21for a particular defendant, any law enforcement officer may take
bail in accordance
22with s. 969.02 a cash deposit and release the defendant to appear
at a specified time
23and place in accordance with the conditions
of the appearance stated in the bond.
24Bail shall not be required of a defendant who has been cited for commission of a
25misdemeanor in accordance with s. 968.085. The law enforcement officer shall give
1a receipt to the defendant for the
bail so taken deposit and within a reasonable time
2deposit
the bail it with the clerk of
the court
before whom where the defendant is to
3appear.
Bail taken by a law enforcement officer may be taken A law enforcement
4officer may take a cash deposit only at a sheriff's office or police station.
The receipts
5shall be numbered serially and shall be in triplicate, one copy for the defendant, one
6copy to be filed with the clerk and one copy to be filed with the police or sheriff's
7department which takes the bail. This section does not require the release of a
8defendant from custody when an officer is of the opinion that the defendant is not in
9a fit condition to care for his or her own safety or would constitute, because of his or
10her physical condition, a danger to the safety of others. If a defendant is not released
11under this section, s.
970.01 971.015 (1) shall apply.
AB383,605
12Section
605. 969.08 (title) of the statutes is renumbered 969.51 (title) and
13amended to read:
AB383,192,15
14969.51 (title)
Grant, reduction, increase or revocation Revocations of
15conditions of defendant's release.
AB383,606
16Section
606. 969.08 (1), (2), (3) and (4) of the statutes are repealed.
AB383,607
17Section
607. 969.08 (5) (a) of the statutes is renumbered 969.51 (1) (a).
AB383,608
18Section
608. 969.08 (5) (b) 1. of the statutes is renumbered 969.51 (1) (b) 1. and
19amended to read:
AB383,193,820
969.51
(1) (b) 1. If the court determines that the state has complied with par.
21(a), the court may issue a warrant commanding any law enforcement officer to bring
22the defendant without unnecessary delay before the court. When the defendant is
23brought before the court, he or she shall be given a copy of the documents specified
24in par. (a) and informed of his or her rights under s.
970.02 (1) and (6) 971.027. The
25court may hold the defendant in custody and suspend the previously imposed
1conditions of release pending a hearing on the alleged breach.
The hearing under
2this paragraph and the preliminary examination under s. 970.03, if required, shall
3be a combined hearing, with the court making the separate findings required under
4this paragraph and s. 970.03 at the conclusion of the combined hearing. The hearing
5shall be commenced within 7 days from the date the defendant is taken into custody.
6The defendant may not be held without setting conditions of release for more than
77 days unless a hearing is held and the findings required by this paragraph are
8established.
AB383,609
9Section
609. 969.08 (5) (b) 2. of the statutes is renumbered 969.51 (1) (b) 2.
AB383,610
10Section
610. 969.08 (5) (b) 3. of the statutes is renumbered 969.51 (1) (b) 3. and
11amended to read:
AB383,193,2112
969.51
(1) (b) 3. Upon a finding by the court that the state has established by
13clear and convincing evidence that the defendant has committed a serious crime
14while on conditional release, the court may revoke the release of the defendant and
15hold the defendant for trial without setting conditions of release. No reference may
16be made during the trial of the offense to the court's finding in the hearing. No
17reference may be made in the trial to any testimony of the defendant at the hearing,
18except if the testimony is used for impeachment purposes. If the court does not find
19that the state has established by clear and convincing evidence that the defendant
20has committed a serious crime while on conditional release, the defendant shall be
21released on
bail or other conditions deemed appropriate by the court.
AB383,611
22Section
611. 969.08 (5) (b) 4. of the statutes is renumbered 969.51 (1) (b) 4. and
23amended to read:
AB383,194,724
969.51
(1) (b) 4. If the release of any defendant is revoked under subd. 3., the
25defendant may demand and shall be entitled to be brought to trial on the offense with
1respect to which he or she was formerly released on conditions within 60 days after
2the date on which he or she appeared before the court under subd. 1. If the defendant
3is not brought to trial within the 60-day period he or she shall not be held longer
4without setting conditions of release and shall be released on
bail or other conditions
5deemed appropriate by the court. In computing the 60-day period, the court shall
6omit any period of delay if the court finds that the delay results from a continuance
7granted at the exclusive request of the defendant.
AB383,612
8Section
612. 969.08 (5) (b) 5. of the statutes is renumbered 969.51 (1) (b) 5.
AB383,613
9Section
613. 969.08 (6) of the statutes is renumbered 969.51 (2).
AB383,614
10Section
614. 969.08 (7) of the statutes is renumbered 969.51 (3) and amended
11to read:
AB383,194,1712
969.51
(3) If a person is charged with the commission of a serious crime in a
13county other than the county in which the person was released on conditions, the
14district attorney and court may proceed under sub.
(6)
(1) and certify the findings to
15the
circuit court for the county in which the person was released on conditions. That
16circuit court shall make the release revocation decision based on the certified
17findings.
AB383,615
18Section
615. 969.08 (8) of the statutes is renumbered 969.51 (4) and amended
19to read:
AB383,194,2320
969.51
(4) Information stated in, or offered in connection with, any order
21entered under this chapter setting
bail or other conditions of release need not
22conform to the rules of evidence, except as provided under sub.
(5) (1) (b) 2. or s.
23901.05.
AB383,616
24Section
616. 969.08 (9) of the statutes is renumbered 969.51 (5).
AB383,617
1Section
617. 969.08 (9m) of the statutes is renumbered 969.51 (6) and
2amended to read:
AB383,195,53
969.51
(6) A person who has had
bail
bond revoked under this section is entitled
4to placement of his or her case on an expedited trial calendar and his or her trial shall
5be given priority.
AB383,618
6Section
618. 969.08 (10) of the statutes is renumbered 969.51 (7).
AB383,619
7Section
619. 969.09 (title), (1) and (3) of the statutes are repealed.
AB383,620
8Section
620. 969.09 (2) of the statutes is renumbered 974.09 (2) and amended
9to read:
AB383,195,1610
974.09
(2) If the defendant is
admitted to bail upon released on conditions
11pending appeal, the conditions of the bond shall be that the defendant will duly
12prosecute the defendant's appeal, that the defendant will appear at
such the time
13and place
as that the court directs, and that
, if the judgment is affirmed or reversed
14and remanded for a new trial or further proceedings upon notice after remittitur, the
15defendant will surrender to the sheriff of the county in which the defendant was
16tried.
AB383,621
17Section
621. 969.10 of the statutes is amended to read:
AB383,195,21
18969.10 Notice of change of address. A person who has been released on
bail
19or other conditions shall give written notice to the clerk of any change in his or her
20address within 48 hours after the change. This requirement shall be printed on all
21bonds.
AB383,622
22Section
622. 969.11 of the statutes is renumbered 969.35 and amended to
23read:
AB383,196,8
24969.35 Release upon arrest in another county. (1) If the defendant is
25arrested in a county other than the county in which the offense
was committed may
1be tried under s. 970.14, he or she shall, without unreasonable delay
, either be
2brought before a judge of the county in which arrested and for the purpose of setting
3bail or other conditions of release
, be brought before a judge of either the county
4where he or she was arrested or
be returned to the county
in which where the offense
5was committed. The may be tried under s. 970.14. If the defendant is brought before
6a judge in the county where he or she was arrested, the judge shall release him or
7her on conditions imposed in accordance with this chapter to appear before a court
8in the county in which the offense was committed at a specified time and place.
AB383,196,13
9(2) If
the defendant is released on bail or other conditions pursuant to a judge
10of a county other than the county where the offense may be tried under s. 970.14
11released the defendant under sub. (1), the judge shall make a record of the
12proceedings
and, shall certify his or her minutes
thereof of the proceedings, and shall
13forward the bond
and bail to the court before whom the defendant is bound to appear.
AB383,623
14Section
623. 969.12 of the statutes is renumbered 969.39.
AB383,624
15Section
624. 969.13 of the statutes is repealed.
AB383,625
16Section
625. 969.14 of the statutes is repealed.
AB383,626
17Section
626. Subchapter I (title) of chapter 969 [precedes 969.15] of the
18statutes is created to read:
AB383,196,1919
chapter 969
AB383,196,2120
subchapter i
21
arrests, summonses, and citations
AB383,627
22Section
627. 969.15 of the statutes is created to read:
AB383,196,25
23969.15 Securing the defendant's initial appearance. The initial
24appearance of a person charged with a crime may be secured in any of the following
25ways:
AB383,197,1
1(1) By the person's voluntary appearance.
AB383,197,2
2(2) By the person's appearance in response to a citation.
AB383,197,3
3(3) By the person's appearance in response to a summons.
AB383,197,4
4(4) By the person's arrest, with or without a warrant.