AB383: Bill Text

AB383,188,11 (f) The character and strength of the evidence which has been presented to the judge, whether.

AB383,188,13 (g) Whether the defendant is currently on probation, extended supervision or parole, whether.

AB383,188,16 (h) Whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether.

AB383,188,18 (i) Whether the defendant has in the past forfeited bail bond or violated a condition of release or was a fugitive from justice at the time of arrest, and the.

AB383,188,20 (j) The policy against unnecessary detention of the defendant's a defendant pending trial.

AB383,595 Section 595. 969.02 (title), (1), (2), (3) (a), (b), (c) and (d), (4), (4m), (5), (7), (7m) and (8) of the statutes are repealed.

AB383,596 Section 596. 969.02 (2m) of the statutes is renumbered 969.33 (8) and amended to read:

AB383,189,4 969.33 (8) Credit cards accepted. The If the court imposes monetary conditions of release under this section, the clerk of circuit court may accept, instead of cash, a credit card or debit card, as defined in s. 59.40 (5) (a) and 1. and 2., instead of cash under sub. (2).

AB383,597 Section 597. 969.02 (3) (e) of the statutes, as created by 2011 Wisconsin Act 266, is renumbered 969.33 (5) (g) and amended to read:

AB383,189,12 969.33 (5) (g) If the person defendant is charged with violating a restraining order or injunction issued under s. 813.12 or 813.125, may require the person requiring the defendant to participate in mental health treatment, a batterer's intervention program, or individual counseling. The judge court shall consider a request by the district attorney or the petitioner, as defined in s. 301.49 (1) (c), in determining whether to issue an order under this paragraph.

AB383,598 Section 598. 969.02 (6) of the statutes is renumbered 969.38 (1) (a) and amended to read:

AB383,189,22 969.38 (1) (a) When a the court enters a judgment of conviction is entered in a prosecution for a fine or costs or both in a case in which a cash deposit had been made in accordance with sub. (2), on a secured appearance bond, the court shall apply the balance of such the deposit, after deduction of deducting the bond costs, shall be applied first to the payment of any restitution ordered under s. 973.20 and then, if ordered restitution is satisfied in full, to the payment of the judgment. The court shall then return any remaining balance of the deposit to the person who made the deposit.

AB383,599 Section 599. 969.03 of the statutes is repealed.

AB383,600 Section 600. 969.035 of the statutes is renumbered 969.43, and 969.43 (4), (5), (7), (8) and (10), as renumbered, are amended to read:

AB383,190,7 969.43 (4) If the court determines that the district attorney has complied with sub. (3), the court may order that the detention of a person who is currently in custody be continued or may issue a warrant commanding any law enforcement officer to bring the defendant without unnecessary delay before the court. When the defendant is brought before the court, he or she shall be given a copy of the documents specified in sub. (3) and informed of his or her rights under this section and s. 970.02 (1) and (6) 971.027.

AB383,190,17 (5) A pretrial detention hearing is a hearing before a court for the purpose of determining if the continued detention of the defendant is justified. A pretrial detention hearing may be held in conjunction with a preliminary examination under s. 970.03 or a conditional release revocation hearing under s. 969.08 (5) (b) 969.51 (1), but separate findings shall be made by the court relating to the pretrial detention, preliminary examination and conditional release revocation. The pretrial detention hearing shall be commenced within 10 days from the date the defendant is detained or brought before the court under sub. (4). The defendant may not be denied release from custody in accordance with s. 969.03 for more than 10 days prior to the hearing required by this subsection.

AB383,190,20 (7) If the court does not make the findings under sub. (6) (a) and (b) and the defendant is otherwise eligible, the defendant shall be released from custody with or without conditions in accordance with s. 969.03 ss. 969.31 to 969.33.

AB383,190,25 (8) If the court makes the findings under sub. (6) (a) and (b), the court may deny bail to the defendant for an additional period not to exceed 60 days following the hearing. If the time period passes and the defendant is otherwise eligible, he or she shall be released from custody with or without conditions in accordance with s. s. 969.03 ss. 969.31 to 969.33.

AB383,191,2 (10) The defendant may petition the court to be released from custody with or without conditions in accordance with s. 969.03 ss. 969.31 to 969.33 at any time.

AB383,601 Section 601. 969.04 of the statutes is renumbered 969.40 and amended to read:

AB383,191,8 969.40 Surety may satisfy default. Any If a defendant fails to comply with the conditions of his or her bond, any surety may, after default, pay to the clerk of the court the amount for which the surety was bound, or such lesser sum as the court, after notice and hearing, may direct, and thereupon be discharged.

AB383,602 Section 602. 969.05 of the statutes is repealed.

AB383,603 Section 603. 969.065 of the statutes is renumbered 969.34 and amended to read:

AB383,191,16 969.34 Judicial conference; bail alternatives Bail schedule. The judicial conference shall develop guidelines, which the supreme court shall adopt by rule, for cash bail for releasing on bond persons accused of misdemeanors which the supreme court shall adopt by rule. The guidelines shall relate primarily to individuals. The guidelines and may be revised from time to time under this section.

AB383,604 Section 604. 969.07 of the statutes is renumbered 969.36 and amended to read:

AB383,192,11 969.36 Taking of bail cash deposit by law enforcement officer. When bail has monetary conditions of release have been set before the initial appearance for a particular defendant, any law enforcement officer may take bail in accordance with s. 969.02 a cash deposit and release the defendant to appear at a specified time and place in accordance with the conditions of the appearance stated in the bond. Bail shall not be required of a defendant who has been cited for commission of a misdemeanor in accordance with s. 968.085. The law enforcement officer shall give a receipt to the defendant for the bail so taken deposit and within a reasonable time deposit the bail it with the clerk of the court before whom where the defendant is to appear. Bail taken by a law enforcement officer may be taken A law enforcement officer may take a cash deposit only at a sheriff's office or police station. The receipts shall be numbered serially and shall be in triplicate, one copy for the defendant, one copy to be filed with the clerk and one copy to be filed with the police or sheriff's department which takes the bail. This section does not require the release of a defendant from custody when an officer is of the opinion that the defendant is not in a fit condition to care for his or her own safety or would constitute, because of his or her physical condition, a danger to the safety of others. If a defendant is not released under this section, s. 970.01 971.015 (1) shall apply.

AB383,605 Section 605. 969.08 (title) of the statutes is renumbered 969.51 (title) and amended to read:

AB383,192,15 969.51 (title) Grant, reduction, increase or revocation Revocations of conditions of defendant's release.

AB383,606 Section 606. 969.08 (1), (2), (3) and (4) of the statutes are repealed.

AB383,607 Section 607. 969.08 (5) (a) of the statutes is renumbered 969.51 (1) (a).

AB383,608 Section 608. 969.08 (5) (b) 1. of the statutes is renumbered 969.51 (1) (b) 1. and amended to read:

AB383,193,8 969.51 (1) (b) 1. If the court determines that the state has complied with par. (a), the court may issue a warrant commanding any law enforcement officer to bring the defendant without unnecessary delay before the court. When the defendant is brought before the court, he or she shall be given a copy of the documents specified in par. (a) and informed of his or her rights under s. 970.02 (1) and (6) 971.027. The court may hold the defendant in custody and suspend the previously imposed conditions of release pending a hearing on the alleged breach. The hearing under this paragraph and the preliminary examination under s. 970.03, if required, shall be a combined hearing, with the court making the separate findings required under this paragraph and s. 970.03 at the conclusion of the combined hearing. The hearing shall be commenced within 7 days from the date the defendant is taken into custody. The defendant may not be held without setting conditions of release for more than 7 days unless a hearing is held and the findings required by this paragraph are established.

AB383,609 Section 609. 969.08 (5) (b) 2. of the statutes is renumbered 969.51 (1) (b) 2.

AB383,610 Section 610. 969.08 (5) (b) 3. of the statutes is renumbered 969.51 (1) (b) 3. and amended to read:

AB383,193,21 969.51 (1) (b) 3. Upon a finding by the court that the state has established by clear and convincing evidence that the defendant has committed a serious crime while on conditional release, the court may revoke the release of the defendant and hold the defendant for trial without setting conditions of release. No reference may be made during the trial of the offense to the court's finding in the hearing. No reference may be made in the trial to any testimony of the defendant at the hearing, except if the testimony is used for impeachment purposes. If the court does not find that the state has established by clear and convincing evidence that the defendant has committed a serious crime while on conditional release, the defendant shall be released on bail or other conditions deemed appropriate by the court.

AB383,611 Section 611. 969.08 (5) (b) 4. of the statutes is renumbered 969.51 (1) (b) 4. and amended to read:

AB383,194,7 969.51 (1) (b) 4. If the release of any defendant is revoked under subd. 3., the defendant may demand and shall be entitled to be brought to trial on the offense with respect to which he or she was formerly released on conditions within 60 days after the date on which he or she appeared before the court under subd. 1. If the defendant is not brought to trial within the 60-day period he or she shall not be held longer without setting conditions of release and shall be released on bail or other conditions deemed appropriate by the court. In computing the 60-day period, the court shall omit any period of delay if the court finds that the delay results from a continuance granted at the exclusive request of the defendant.

AB383,612 Section 612. 969.08 (5) (b) 5. of the statutes is renumbered 969.51 (1) (b) 5.

AB383,613 Section 613. 969.08 (6) of the statutes is renumbered 969.51 (2).

AB383,614 Section 614. 969.08 (7) of the statutes is renumbered 969.51 (3) and amended to read:

AB383,194,17 969.51 (3) If a person is charged with the commission of a serious crime in a county other than the county in which the person was released on conditions, the district attorney and court may proceed under sub. (6) (1) and certify the findings to the circuit court for the county in which the person was released on conditions. That circuit court shall make the release revocation decision based on the certified findings.

AB383,615 Section 615. 969.08 (8) of the statutes is renumbered 969.51 (4) and amended to read:

AB383,194,23 969.51 (4) Information stated in, or offered in connection with, any order entered under this chapter setting bail or other conditions of release need not conform to the rules of evidence, except as provided under sub. (5) (1) (b) 2. or s. 901.05.

AB383,616 Section 616. 969.08 (9) of the statutes is renumbered 969.51 (5).

AB383,617 Section 617. 969.08 (9m) of the statutes is renumbered 969.51 (6) and amended to read:

AB383,195,5 969.51 (6) A person who has had bail bond revoked under this section is entitled to placement of his or her case on an expedited trial calendar and his or her trial shall be given priority.

AB383,618 Section 618. 969.08 (10) of the statutes is renumbered 969.51 (7).

AB383,619 Section 619. 969.09 (title), (1) and (3) of the statutes are repealed.

AB383,620 Section 620. 969.09 (2) of the statutes is renumbered 974.09 (2) and amended to read:

AB383,195,16 974.09 (2) If the defendant is admitted to bail upon released on conditions pending appeal, the conditions of the bond shall be that the defendant will duly prosecute the defendant's appeal, that the defendant will appear at such the time and place as that the court directs, and that, if the judgment is affirmed or reversed and remanded for a new trial or further proceedings upon notice after remittitur, the defendant will surrender to the sheriff of the county in which the defendant was tried.

AB383,621 Section 621. 969.10 of the statutes is amended to read:

AB383,195,21 969.10 Notice of change of address. A person who has been released on bail or other conditions shall give written notice to the clerk of any change in his or her address within 48 hours after the change. This requirement shall be printed on all bonds.

AB383,622 Section 622. 969.11 of the statutes is renumbered 969.35 and amended to read:

AB383,196,8 969.35 Release upon arrest in another county. (1) If the defendant is arrested in a county other than the county in which the offense was committed may be tried under s. 970.14, he or she shall, without unreasonable delay, either be brought before a judge of the county in which arrested and for the purpose of setting bail or other conditions of release, be brought before a judge of either the county where he or she was arrested or be returned to the county in which where the offense was committed. The may be tried under s. 970.14. If the defendant is brought before a judge in the county where he or she was arrested, the judge shall release him or her on conditions imposed in accordance with this chapter to appear before a court in the county in which the offense was committed at a specified time and place.

AB383,196,13 (2) If the defendant is released on bail or other conditions pursuant to a judge of a county other than the county where the offense may be tried under s. 970.14 released the defendant under sub. (1), the judge shall make a record of the proceedings and, shall certify his or her minutes thereof of the proceedings, and shall forward the bond and bail to the court before whom the defendant is bound to appear.

AB383,623 Section 623. 969.12 of the statutes is renumbered 969.39.

AB383,624 Section 624. 969.13 of the statutes is repealed.

AB383,625 Section 625. 969.14 of the statutes is repealed.

AB383,626 Section 626. Subchapter I (title) of chapter 969 [precedes 969.15] of the statutes is created to read:

AB383,196,19 chapter 969

AB383,196,21 subchapter i arrests, summonses, and citations

AB383,627 Section 627. 969.15 of the statutes is created to read:

AB383,196,25 969.15 Securing the defendant's initial appearance. The initial appearance of a person charged with a crime may be secured in any of the following ways:

AB383,197,1 (1) By the person's voluntary appearance.

AB383,197,2 (2) By the person's appearance in response to a citation.

AB383,197,3 (3) By the person's appearance in response to a summons.

AB383,197,4 (4) By the person's arrest, with or without a warrant.

AB383,197,6 (5) By the person's appearance in response to a condition of release from custody.

AB383,197,8 (6) By the person's appearance in response to a judicial order to produce a person already in custody.

AB383,628 Section 628. 969.19 of the statutes is created to read:

AB383,197,16 969.19 Probable cause determination for warrantless arrests. For any person who is arrested without a warrant and not sooner released from custody, within 48 hours after the arrest a judge shall determine whether there was probable cause to arrest the person. After 48 hours, including weekends and holidays, have elapsed from the arrest of the person with no judicial determination of probable cause the person shall be released under s. 969.32 (1) unless the delay is excused by the existence of a bona fide emergency or other extraordinary circumstance.

AB383,629 Section 629. 969.20 (2) of the statutes is created to read:

AB383,197,23 969.20 (2) Warrant without a criminal complaint. Upon the request of the district attorney and subject to sub. (8), a judge may issue an arrest warrant without a criminal complaint if the judge determines, based on an affidavit filed with the court or an examination under oath of a person, that there is probable cause to believe that an offense has been committed and that the person named in the warrant has committed it.

AB383,630 Section 630. 969.20 (6) of the statutes is created to read:

AB383,198,2 969.20 (6) Conditions of release on warrant. A judge issuing a warrant may specify conditions of release.

AB383,631 Section 631. 969.20 (7) (title) of the statutes is created to read:

AB383,198,4 969.20 (7) (title) Summons in lieu of warrant.

AB383,632 Section 632. 969.21 (title) of the statutes is created to read:

AB383,198,6 969.21 (title) Arrest warrants.

AB383,633 Section 633. 969.24 (2m) of the statutes is created to read:

AB383,198,10 969.24 (2m) Release after citation. A law enforcement officer citing a person for a misdemeanor shall release the person without a cash bond unless any of the following apply:

AB383,198,11 (a) The accused has not given proper identification.

AB383,198,12 (b) The accused is not willing to sign the citation.

AB383,198,14 (c) The accused appears to represent a danger of harm to himself or herself, another person or property.

AB383,198,15 (d) The accused cannot show sufficient evidence of ties to the community.

AB383,198,17 (e) The accused has previously failed to appear in response to a citation, subpoena, summons, or order of the court.

AB383,198,19 (f) Arrest or further detention appears necessary to carry out legitimate investigative action in accordance with law enforcement agency policies.

AB383,634 Section 634. 969.25 of the statutes is created to read:

AB383,199,2 969.25 Release on bond by district attorney. (1) (a) Except as provided in s. 969.24, upon consent of the district attorney, an individual who has been arrested and taken into custody may be released before the initial appearance upon signing a bond, obligating the individual to appear in court for an initial appearance at a time and place specified in the bond and to comply with any other specified conditions required by the district attorney under sub. (2).