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.
AB383,200,1110
(d) Notice that the defendant may move the court to modify the conditions of
11release.
AB383,200,14
12(4) Conditions of release under this section expire upon the initial appearance
13unless continued by the judge. Signing a bond under this section does not preclude
14the individual from seeking judicial relief from its terms.
AB383,200,15
15(5) A defendant shall be given a copy of the bond.
AB383,635
16Section
635. 969.26 (title) of the statutes is created to read:
AB383,200,17
17969.26 (title)
Forms.
AB383,636
18Section
636. 969.26 (3) of the statutes is created to read:
AB383,200,1919
969.26
(3) Citation. A citation shall be in substantially the following form:
AB383,200,2020
MISDEMEANOR CITATION
AB383,96921
Section 969.26 Wis. Stats.
AB383,200,2222
Deposit Permitted: $ ....
AB383,200,2323
Circuit Court for .... County
AB383,201,524
The undersigned complains for and on behalf of the State of Wisconsin upon
25information and belief that on or about .... (day), .... (date of violation), at ....
1(time); in .... County, town/ village/ city of ....; .... (defendant's name); .... (date of
2birth), .... (sex), .... (street address, city, state, zip code), .... (race), .... (eye color), ....
3(hair color), .... (weight), .... (height); did the following .... (state facts of violation)
4in violation of section(s) .... of the .... (year) Wisconsin Statutes and requests that
5the defendant may be held to answer for the violation.
AB383,201,66
Dated ...., .... (year)
AB383,201,77
.... (Signature of officer)
AB383,201,88
Signed by .... (Name), .... (Dept./Agency)
AB383,201,99
.... (Title), .... (Badge Number)
AB383,201,1010
You are hereby notified to appear in the
AB383,201,1111
( ) Circuit Court named above
AB383,201,1212
( ) District Attorney's Office
AB383,201,1313
located at .... (street address, city)
AB383,201,1414
on .... (date), at .... (time).
AB383,201,2215
The maximum penalty for this violation is:
16
( ) Fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both
17(Class A Misdemeanor).
18
( ) Fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both
19(Class B Misdemeanor).
20
( ) Fine not to exceed $500 or imprisonment not to exceed 30 days, or both (Class
21C Misdemeanor).
22
( ) Other
AB383,201,2323
PROMISE TO APPEAR
AB383,201,2524
I have received a copy of this citation. I promise to appear in court at the
25time and place specified. Signing this citation is not an admission of guilt.
AB383,202,1
1.... (Defendant's signature)
AB383,202,22
.... (Defendant's address)
AB383,202,33
.... (Defendant's phone number)
AB383,202,44
ENDORSEMENT BY DISTRICT ATTORNEY
AB383,202,65
I have reviewed this citation and approve its use as a criminal complaint
6under s. 696.10 (6).
AB383,202,77
Dated ...., .... (year)
AB383,202,88
.... (District Attorney's signature)
AB383,202,99
.... (Title)
AB383,637
10Section
637. Subchapter II (title) of chapter 969 [precedes 969.30] of the
11statutes is created to read:
AB383,202,1212
chapter 969
AB383,202,1413
subchapter Ii
14
court-ordered release
AB383,638
15Section
638. 969.30 (3) to (7) of the statutes are created to read:
AB383,202,1716
969.30
(3) "Personal recognizance bond" means a bond without monetary
17conditions of release.
AB383,202,20
18(4) "Secured appearance bond" means a bond with monetary conditions of
19release that require the depositing of cash or the pledging of property as security.
20The court may order that the bond be secured by the defendant or by a surety.
AB383,202,25
21(5) "Serious bodily harm" means bodily injury that causes or contributes to the
22death of a human being; bodily injury that creates a substantial risk of death; bodily
23injury that causes serious permanent disfigurement; bodily injury that causes a
24permanent or protracted loss or impairment of the function of any bodily member or
25organ; or other serious bodily injury.
AB383,203,3
1(6) "Surety" means a person who guarantees payment of the amount specified
2in a monetary condition of release if the defendant does not appear in court as
3required.
AB383,203,6
4(7) "Unsecured appearance bond" means a bond with monetary conditions of
5release that do not require the depositing of cash or the pledging of property as
6security.
AB383,639
7Section
639. 969.31 (3) of the statutes is created to read:
AB383,203,108
969.31
(3) After sentencing. After sentencing and before service of the
9sentence begins, the trial court may continue the conditions of release or impose new
10conditions of release.
AB383,640
11Section
640. 969.31 (4) of the statutes is created to read:
AB383,203,1312
969.31
(4) Pending appeal. Release after sentencing, pending appeal, is
13governed by ss. 809.31 and 974.08.
AB383,641
14Section
641. 969.32 of the statutes is created to read:
AB383,203,16
15969.32 Types of release. In any case where release is allowed, the court shall
16do one of the following:
AB383,203,17
17(1) Release the defendant to return on a
date certain, without conditions.