AB383: Bill Text

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AB383,624 Section 624. 969.13 of the statutes is repealed.

AB383,625 Section 625. 969.14 of the statutes is repealed.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

AB383,199,4 (b) In determining whether to consent to release on bond, the district attorney may consider whether any of the following applies:

AB383,199,5 1. The defendant has provided proper identification.

AB383,199,6 2. The defendant is willing to comply with the conditions of the bond.

AB383,199,8 3. The defendant appears to pose a danger to himself or herself, another person, or property.

AB383,199,9 4. The defendant can show sufficient evidence of ties to the community.

AB383,199,11 5. The defendant has previously failed to appear in response to a citation, subpoena, summons, or order of court.

AB383,199,13 6. Further detention appears necessary to carry out legitimate investigative activities.

AB383,199,17 (2) The district attorney may not impose monetary conditions of release under this section. If he or she releases a defendant under this section, the district attorney shall impose the conditions mandated by ss. 969.33 and 969.27 (6) and may also impose any of the following conditions:

AB383,199,19 (a) The defendant shall report any change of address within 48 hours to the district attorney.

AB383,199,21 (b) The defendant shall appear at specified times and places for investigative purposes.

AB383,199,22 (c) The defendant may not contact, directly or indirectly, specified persons.

AB383,199,23 (d) The defendant may not possess any dangerous weapon.

AB383,199,24 (e) The defendant may not consume any alcoholic beverage.

AB383,199,25 (f) The defendant may not go to designated geographical areas or premises.

AB383,200,2 (g) The defendant shall submit to supervision by a qualified person or organization agreeing to supervise the defendant.

AB383,200,3 (h) Any other reasonable, nonmonetary condition.

AB383,200,4 (3) Any bond executed under this section shall include all of the following:

AB383,200,5 (a) The conditions of release.

AB383,200,7 (b) Notice that the violation of any condition of release is punishable under s. 946.49.

AB383,200,9 (c) Notice that the defendant is entitled to the assistance of counsel and instructions for obtaining such assistance if he or she is indigent.

AB383,200,11 (d) Notice that the defendant may move the court to modify the conditions of release.

AB383,200,14 (4) Conditions of release under this section expire upon the initial appearance unless continued by the judge. Signing a bond under this section does not preclude the individual from seeking judicial relief from its terms.

AB383,200,15 (5) A defendant shall be given a copy of the bond.

AB383,635 Section 635. 969.26 (title) of the statutes is created to read:

AB383,200,17 969.26 (title) Forms.

AB383,636 Section 636. 969.26 (3) of the statutes is created to read:

AB383,200,19 969.26 (3) Citation. A citation shall be in substantially the following form:

AB383,200,20 MISDEMEANOR CITATION

AB383,969 Section 969.26 Wis. Stats.

AB383,200,22 Deposit Permitted: $ ....

AB383,200,23 Circuit Court for .... County

AB383,201,5 The undersigned complains for and on behalf of the State of Wisconsin upon information and belief that on or about .... (day), .... (date of violation), at .... (time); in .... County, town/ village/ city of ....; .... (defendant's name); .... (date of birth), .... (sex), .... (street address, city, state, zip code), .... (race), .... (eye color), .... (hair color), .... (weight), .... (height); did the following .... (state facts of violation) in violation of section(s) .... of the .... (year) Wisconsin Statutes and requests that the defendant may be held to answer for the violation.

AB383,201,6 Dated ...., .... (year)

AB383,201,7 .... (Signature of officer)

AB383,201,8 Signed by .... (Name), .... (Dept./Agency)

AB383,201,9 .... (Title), .... (Badge Number)

AB383,201,10 You are hereby notified to appear in the

AB383,201,11 ( ) Circuit Court named above

AB383,201,12 ( ) District Attorney's Office

AB383,201,13 located at .... (street address, city)

AB383,201,14 on .... (date), at .... (time).

AB383,201,22 The maximum penalty for this violation is: ( ) Fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both (Class A Misdemeanor). ( ) Fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both (Class B Misdemeanor). ( ) Fine not to exceed $500 or imprisonment not to exceed 30 days, or both (Class C Misdemeanor). ( ) Other

AB383,201,23 PROMISE TO APPEAR

AB383,201,25 I have received a copy of this citation. I promise to appear in court at the time and place specified. Signing this citation is not an admission of guilt.

AB383,202,1 .... (Defendant's signature)

AB383,202,2 .... (Defendant's address)

AB383,202,3 .... (Defendant's phone number)

AB383,202,4 ENDORSEMENT BY DISTRICT ATTORNEY

AB383,202,6 I have reviewed this citation and approve its use as a criminal complaint under s. 696.10 (6).

AB383,202,7 Dated ...., .... (year)

AB383,202,8 .... (District Attorney's signature)

AB383,202,9 .... (Title)

AB383,637 Section 637. Subchapter II (title) of chapter 969 [precedes 969.30] of the statutes is created to read: