AB383: Bill Text

AB383,641 Section 641. 969.32 of the statutes is created to read:

AB383,203,16 969.32 Types of release. In any case where release is allowed, the court shall do one of the following:

AB383,203,17 (1) Release the defendant to return on a date certain, without conditions.

AB383,203,18 (2) Release the defendant on a personal recognizance bond.

AB383,203,19 (3) Release the defendant on an unsecured appearance bond.

AB383,203,20 (4) Release the defendant on a secured appearance bond.

AB383,642 Section 642. 969.33 (title) of the statutes is created to read:

AB383,203,22 969.33 (title) Conditions of release.

AB383,643 Section 643. 969.33 (2) of the statutes is created to read:

AB383,204,2 969.33 (2) Rules of evidence do not apply. Information stated in or offered in connection with any order entered under this chapter setting conditions of release need not conform to the rules of evidence, except as provided under s. 901.05 or 969.51.

AB383,644 Section 644. 969.33 (3) of the statutes is created to read:

AB383,204,8 969.33 (3) Monetary conditions. The court may impose monetary conditions of release only if it finds that there is a reasonable basis to believe that they are necessary to ensure the defendant's appearance in court. In a misdemeanor case the amount of money specified in a monetary condition of release may not exceed the maximum fine provided for the crime charged.

AB383,645 Section 645. 969.33 (4) of the statutes is created to read:

AB383,204,11 969.33 (4) Mandatory conditions. The following conditions shall be imposed as terms of any bond under s. 969.32 (2) to (4) and shall be printed on the bond:

AB383,204,14 (a) The defendant shall appear in the court having jurisdiction on a day certain and thereafter as ordered until discharged on final order of the court and shall submit to the orders and process of the court.

AB383,204,16 (b) The defendant shall give written notice to the clerk of any change in his or her address within 48 hours after the change.

AB383,204,17 (c) The defendant may not commit any crime.

AB383,204,19 (d) The defendant shall not violate, cause any person to violate, or permit any person to violate on the defendant's behalf ss. 940.22 to 940.45.

AB383,646 Section 646. 969.33 (5) to (7) of the statutes are created to read:

AB383,204,23 969.33 (5) Other conditions. Whenever a defendant is released on bond under s. 969.32 (2) to (4), the court may impose reasonable conditions other than those required under sub. (4), including conditions doing any of the following:

AB383,204,25 (a) Prohibiting the defendant from contacting, directly or indirectly, specified persons or going to specified places.

AB383,205,1 (b) Prohibiting the defendant from possessing any dangerous weapon.

AB383,205,2 (c) Prohibiting the defendant from consuming alcohol beverages.

AB383,205,3 (d) Restricting the travel, association, or place of residence of the defendant.

AB383,205,5 (e) Requiring that the defendant return to custody after specified hours. The charges authorized by s. 303.08 (4) and (5) do not apply under this paragraph.

AB383,205,7 (f) Placing the defendant under the supervision of a designated person or organization agreeing to supervise the defendant.

AB383,205,9 (6) Copy of bond to defendant. The court shall provide the defendant a copy of his or her bond.

AB383,205,13 (7) Modifying conditions of release. Upon motion by the state or the defendant, the court before which the action is pending may, following a hearing, modify conditions of release or grant release if it has been previously revoked under s. 969.51. Reasonable notice of the hearing shall be given to all parties.

AB383,647 Section 647. 969.37 of the statutes is created to read:

AB383,205,21 969.37 Return of cash deposit to a 3rd party. A person other than the defendant who has deposited cash to obtain the release of the defendant on a secured appearance bond, may, prior to the entry of a judgment of conviction or a judgment of forfeiture under s. 969.42, apply to the court for an order returning the deposit. After notice to the parties, the court shall hold a hearing at which the defendant must be present. The court shall determine whether to remit the cash deposit in whole or in part and may review and modify the conditions of release.

AB383,648 Section 648. 969.38 of the statutes is created to read:

AB383,205,23 969.38 Disposition of cash deposits. (1) Deposit applied to fine or costs.

AB383,205,25 (b) All secured appearance bonds shall include notice of the requirements of par. (a).

AB383,206,4 (2) Return of deposit. If the complaint against the defendant is dismissed or the defendant is acquitted in a case in which a cash deposit has been made on a secured appearance bond, the entire sum deposited shall be returned. A deposit by a surety shall be returned to the person who made the deposit.

AB383,206,6 (3) Forfeiture exception. Subsections (1) (a) and (2) do not apply if a cash deposit is forfeited under s. 969.42.

AB383,649 Section 649. 969.41 of the statutes is created to read:

AB383,206,12 969.41 Discharge of surety. When a surety desires to be discharged from the obligations of his or her bond, he or she may apply to the court for an order to that effect. After notice to the parties, the court shall hold a hearing at which the defendant must be present. The court shall determine whether to discharge the surety and may review and modify the conditions of release.

AB383,650 Section 650. 969.42 of the statutes is created to read:

AB383,206,18 969.42 Forfeiture. (1) If the defendant does not comply with the conditions of the bond, the court may order the bail forfeited and a judgment of bail forfeiture entered. Immediately after the order is entered, the clerk shall mail notice of the order of judgment of bail forfeiture to the defendant and the defendant's sureties. No other notice is required.

AB383,206,22 (2) By entering into a bond, the defendant and any sureties submit to the jurisdiction of the court for the purposes of determining their liability under the bond. Their obligations under the bond may be enforced without the necessity of an independent action.

AB383,207,2 (3) If the court enters a judgment of bail forfeiture, any cash deposit made with the clerk pursuant to this subchapter shall be applied to the payment of costs. If any amount of the deposit remains after the payment of costs, it shall be applied to the payment of the judgment of bail forfeiture.

AB383,207,5 (4) Within 30 days after the entry of a judgment of bail forfeiture, the court may order the judgment set aside upon such conditions as the court imposes if it appears that justice does not require the enforcement of the judgment of bail forfeiture.

AB383,651 Section 651. Subchapter III (title) of chapter 969 [precedes 969.50] of the statutes is created to read:

AB383,207,8 chapter 969

AB383,207,9 subchapter iii

AB383,207,12 enforcement of appearance requirements and conditions of release

AB383,652 Section 652. 969.50 (2) and (3) of the statutes are created to read:

AB383,207,15 969.50 (2) A court issuing a bench warrant under this section may specify monetary conditions of release on the warrant.

AB383,207,18 (3) If monetary conditions of release are not specified on the bench warrant, a defendant or witness arrested pursuant to the warrant is not eligible for release before appearing in court.

AB383,653 Section 653. Chapter 970 (title) of the statutes is repealed and recreated to read:

AB383,207,22 CHAPTER 970 commencement of prosecution

AB383,654 Section 654. 970.01 (title) of the statutes is repealed.

AB383,655 Section 655. 970.01 (1) of the statutes is renumbered 971.015 (1) (a) and amended to read:

AB383,208,8 971.015 (1) (a) Any Except as provided in par. (b), any person who is arrested and not sooner released from custody shall be taken within a reasonable time before a judge in brought before the court for the county in which the offense was alleged to have been committed. The may be tried under s. 970.14 for an initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. If the within a reasonable time after the day of arrest. In no event shall an arrested person be held for more than 96 hours, including weekends and holidays, without a court determination regarding conditions of release under s. 969.33.

AB383,208,16 (3) Telephone proceedings. When an initial appearance is conducted by telephone or live audiovisual means under s. 967.14 or video conferencing under subch. III of ch. 885, the person may waive physical appearance. Waiver of physical appearance shall be placed on the record of the initial appearance and does not waive other grounds for challenging the court's personal jurisdiction. If the person does not waive physical appearance, conducting the initial appearance by telephone or live audiovisual means under s. 967.08 defendant does not waive any grounds ground that the person defendant has for challenging the court's personal jurisdiction.

AB383,656 Section 656. 970.01 (2) of the statutes is repealed.

AB383,657 Section 657. 970.02 (title) of the statutes is repealed.

AB383,658 Section 658. 970.02 (1) (intro.) of the statutes is repealed.

AB383,659 Section 659. 970.02 (1) (a) of the statutes is renumbered 971.027 (3) and amended to read:

AB383,209,4 971.027 (3) Notice of the charges and penalties. Of the charge against the defendant and shall furnish The court shall ensure that the district attorney has furnished the defendant with a copy of the complaint which shall contain the possible penalties for the offenses set forth therein. In the case of a felony, the judge shall also inform the defendant of the and ensure that the defendant has been informed of the nature of the charge and the penalties for the felony each crime with which the defendant is charged. The district attorney shall read the complaint to the defendant at the defendant's request.

AB383,660 Section 660. 970.02 (1) (b) and (6) of the statutes are consolidated, renumbered 971.027 (1) and amended to read:

AB383,209,17 971.027 (1) Right to counsel. Of   If the defendant is not represented by counsel, the court shall inform the defendant of his or her right to counsel and, in any case required by the U.S. or Wisconsin constitution, that an attorney will be appointed to represent him or her if he or she is financially unable to employ counsel. (6) In all cases in which the defendant is entitled to legal representation under the constitution or laws of the United States or this state, the judge or magistrate shall inform the defendant of his or her right to counsel and, if the defendant claims or appears to be indigent, shall refer the person defendant to the authority for indigency determinations specified under s. 977.07 (1). Unless the defendant knowingly and voluntarily waives the right to counsel, the court may not permit an unrepresented defendant to enter a plea other than not guilty.

AB383,661 Section 661. 970.02 (1) (c) of the statutes is repealed.

AB383,662 Section 662. 970.02 (2) of the statutes is renumbered 971.027 (5) and amended to read:

AB383,209,23 971.027 (5) Conditions of release. The judge At the initial appearance, the court shall admit the defendant to bail in accordance with establish, modify, or continue the conditions of the defendant's release under ch. 969.

AB383,663 Section 663. 970.02 (3) of the statutes is repealed.

AB383,664 Section 664. 970.02 (4) of the statutes is repealed.

AB383,665 Section 665. 970.02 (5) of the statutes is repealed.

AB383,666 Section 666. 970.02 (7) of the statutes is renumbered 971.027 (6).

AB383,667 Section 667 . 970.02 (8) of the statutes, as created by 2013 Wisconsin Act 20, is renumbered 971.027 (7).

AB383,668 Section 668. 970.03 (title), (1), (2), (3), (5), (7), (8), (9), (10), (13) and (14) of the statutes are repealed.

AB383,669 Section 669. 970.03 (4) of the statutes is renumbered 971.75 (9), and 971.75 (9) (a), as renumbered, is amended to read:

AB383,210,19 971.75 (9) (a) If the defendant juvenile is accused of a crime under s. 940.225, 948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s. 940.302 (2), if the court finds that the crime was sexually motivated, as defined in s. 980.01 (5), the court may exclude from the any hearing under this section all persons who are not officers of the court, members of the complainant's or defendant's families or others considered by the court to be supportive of the complainant or defendant, the service representative, as defined in s. 895.45 (1) (c), or other persons required to attend, if the court finds that the state or the defendant juvenile has established a compelling interest that would likely be prejudiced if the persons were not excluded. The court may consider as a compelling interest, among others, the need to protect a complainant from undue embarrassment and emotional trauma.

AB383,670 Section 670. 970.03 (6) of the statutes is renumbered 971.75 (6) (b) and amended to read:

AB383,211,2 971.75 (6) (b) During the preliminary examination any hearing under this section, the court may exclude witnesses until they are called to testify, may direct that persons who are expected to be called as witnesses be kept separate until called, and may prevent them from communicating with one another until they have been examined.

AB383,671 Section 671. 970.03 (12) of the statutes is renumbered 971.75 (7), and 971.75 (7) (a) 1., (b) and (c), as renumbered, are amended to read:

AB383,211,5 971.75 (7) (a) 1. "Hospital" has the meaning designated given in s. 50.33 (2).

AB383,211,15 (b) At any preliminary examination hearing under this section, a report of one of the crime laboratory's, the state laboratory of hygiene's, a federal bureau of investigation laboratory's, a hospital laboratory's, or a local health department's findings with reference to all or any part of the evidence submitted, certified as correct by the attorney general, the director of the state laboratory of hygiene, the director of the federal bureau of investigation, the chief hospital administrator, the local health officer, as defined in s. 250.01 (5), or a person designated by any of them, shall, when offered by the state or the accused, be received as evidence of the facts and findings stated, if relevant. The expert who made the findings need not be called as a witness.

AB383,211,21 (c) At any preliminary examination hearing under this section in Milwaukee County, a latent fingerprint report of the city of Milwaukee police department bureau of identification division's latent fingerprint identification unit, certified as correct by the police chief or a person designated by the police chief, shall, when offered by the state or the accused, be received as evidence of the facts and findings stated, if relevant. The expert who made the findings need not be called as a witness.

AB383,672 Section 672. 970.032 (title) of the statutes is repealed.

AB383,673 Section 673 . 970.032 (1) of the statutes is renumbered 971.75 (1) and amended to read:

AB383,212,8 971.75 (1) Probable cause hearing. Notwithstanding s. 970.03, if a preliminary examination is held regarding a juvenile who is subject to the original jurisdiction of If the court of criminal has original jurisdiction over a juvenile under s. 938.183 (1), the court shall first conduct an evidentiary hearing to determine whether if there is probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever is applicable. Notwithstanding s. 908.02, hearsay is admissible in a hearing under this section.

AB383,212,14 (3) Findings at probable cause hearing. (a) If the court does not make that finding find that there is probable cause to believe the juvenile committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever is applicable, the court shall order that the juvenile be discharged, but proceedings may be brought regarding the juvenile under ch. 938.

AB383,674 Section 674 . 970.032 (2) (intro.) of the statutes is renumbered 971.75 (3) (b) and amended to read:

AB383,212,23 971.75 (3) (b) If the court finds probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), the court shall conduct a hearing under sub. (5) to determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court may base its finding of probable cause in whole or in part on hearsay admitted under sub. (1).

AB383,213,3 (5) Findings at retention hearing. The If the court finds probable cause under sub. (3) (b), it shall retain jurisdiction unless the juvenile proves by a preponderance of the evidence all of the following:

AB383,675 Section 675. 970.032 (2) (a), (b) and (c) of the statutes are renumbered 971.75 (5) (a), (b) and (c).

AB383,676 Section 676. 970.035 of the statutes is repealed.

AB383,677 Section 677. 970.038 of the statutes is repealed.