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602. 969.05 of the statutes is repealed.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.
AB383,197,6
5(5) By the person's appearance in response to a condition of release from
6custody.
AB383,197,8
7(6) By the person's appearance in response to a judicial order to produce a
8person already in custody.
AB383,628
9Section
628. 969.19 of the statutes is created to read:
AB383,197,16
10969.19 Probable cause determination for warrantless arrests. For any
11person who is arrested without a warrant and not sooner released from custody,
12within 48 hours after the arrest a judge shall determine whether there was probable
13cause to arrest the person. After 48 hours, including weekends and holidays, have
14elapsed from the arrest of the person with no judicial determination of probable
15cause the person shall be released under s. 969.32 (1) unless the delay is excused by
16the existence of a bona fide emergency or other extraordinary circumstance.
AB383,629
17Section
629. 969.20 (2) of the statutes is created to read:
AB383,197,2318
969.20
(2) Warrant without a criminal complaint. Upon the request of the
19district attorney and subject to sub. (8), a judge may issue an arrest warrant without
20a criminal complaint if the judge determines, based on an affidavit filed with the
21court or an examination under oath of a person, that there is probable cause to
22believe that an offense has been committed and that the person named in the
23warrant has committed it.
AB383,630
24Section
630. 969.20 (6) of the statutes is created to read:
AB383,198,2
1969.20
(6) Conditions of release on warrant. A judge issuing a warrant may
2specify conditions of release.
AB383,631
3Section
631. 969.20 (7) (title) of the statutes is created to read:
AB383,198,44
969.20
(7) (title)
Summons in lieu of warrant.
AB383,632
5Section
632. 969.21 (title) of the statutes is created to read:
AB383,198,6
6969.21 (title)
Arrest warrants.
AB383,633
7Section
633. 969.24 (2m) of the statutes is created to read:
AB383,198,108
969.24
(2m) Release after citation. A law enforcement officer citing a person
9for a misdemeanor shall release the person without a cash bond unless any of the
10following apply:
AB383,198,1111
(a) The accused has not given proper identification.
AB383,198,1212
(b) The accused is not willing to sign the citation.
AB383,198,1413
(c) The accused appears to represent a danger of harm to himself or herself,
14another person or property.
AB383,198,1515
(d) The accused cannot show sufficient evidence of ties to the community.
AB383,198,1716
(e) The accused has previously failed to appear in response to a citation,
17subpoena, summons, or order of the court.
AB383,198,1918
(f) Arrest or further detention appears necessary to carry out legitimate
19investigative action in accordance with law enforcement agency policies.
AB383,634
20Section
634. 969.25 of the statutes is created to read:
AB383,199,2
21969.25 Release on bond by district attorney. (1) (a) Except as provided
22in s. 969.24, upon consent of the district attorney, an individual who has been
23arrested and taken into custody may be released before the initial appearance upon
24signing a bond, obligating the individual to appear in court for an initial appearance
1at a time and place specified in the bond and to comply with any other specified
2conditions required by the district attorney under sub. (2).
AB383,199,43
(b) In determining whether to consent to release on bond, the district attorney
4may consider whether any of the following applies:
AB383,199,55
1. The defendant has provided proper identification.
AB383,199,66
2. The defendant is willing to comply with the conditions of the bond.
AB383,199,87
3. The defendant appears to pose a danger to himself or herself, another person,
8or property.
AB383,199,99
4. The defendant can show sufficient evidence of ties to the community.
AB383,199,1110
5. The defendant has previously failed to appear in response to a citation,
11subpoena, summons, or order of court.
AB383,199,1312
6. Further detention appears necessary to carry out legitimate investigative
13activities.
AB383,199,17
14(2) The district attorney may not impose monetary conditions of release under
15this section. If he or she releases a defendant under this section, the district attorney
16shall impose the conditions mandated by ss. 969.33 and 969.27 (6) and may also
17impose any of the following conditions:
AB383,199,1918
(a) The defendant shall report any change of address within 48 hours to the
19district attorney.
AB383,199,2120
(b) The defendant shall appear at specified times and places for investigative
21purposes.
AB383,199,2222
(c) The defendant may not contact, directly or indirectly, specified persons.
AB383,199,2323
(d) The defendant may not possess any dangerous weapon.
AB383,199,2424
(e) The defendant may not consume any alcoholic beverage.
AB383,199,2525
(f) The defendant may not go to designated geographical areas or premises.
AB383,200,2
1(g) The defendant shall submit to supervision by a qualified person or
2organization agreeing to supervise the defendant.
AB383,200,33
(h) Any other reasonable, nonmonetary condition.
AB383,200,4
4(3) Any bond executed under this section shall include all of the following:
AB383,200,55
(a) The conditions of release.
AB383,200,76
(b) Notice that the violation of any condition of release is punishable under s.
7946.49.
AB383,200,98
(c) Notice that the defendant is entitled to the assistance of counsel and
9instructions for obtaining such assistance if he or she is indigent.