AB383: Bill Text

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:

AB383,202,12 chapter 969

AB383,202,14 subchapter Ii court-ordered release

AB383,638 Section 638. 969.30 (3) to (7) of the statutes are created to read:

AB383,202,17 969.30 (3) "Personal recognizance bond" means a bond without monetary conditions of release.

AB383,202,20 (4) "Secured appearance bond" means a bond with monetary conditions of release that require the depositing of cash or the pledging of property as security. The court may order that the bond be secured by the defendant or by a surety.

AB383,202,25 (5) "Serious bodily harm" means bodily injury that causes or contributes to the death of a human being; bodily injury that creates a substantial risk of death; bodily injury that causes serious permanent disfigurement; bodily injury that causes a permanent or protracted loss or impairment of the function of any bodily member or organ; or other serious bodily injury.

AB383,203,3 (6) "Surety" means a person who guarantees payment of the amount specified in a monetary condition of release if the defendant does not appear in court as required.

AB383,203,6 (7) "Unsecured appearance bond" means a bond with monetary conditions of release that do not require the depositing of cash or the pledging of property as security.

AB383,639 Section 639. 969.31 (3) of the statutes is created to read:

AB383,203,10 969.31 (3) After sentencing. After sentencing and before service of the sentence begins, the trial court may continue the conditions of release or impose new conditions of release.

AB383,640 Section 640. 969.31 (4) of the statutes is created to read:

AB383,203,13 969.31 (4) Pending appeal. Release after sentencing, pending appeal, is governed by ss. 809.31 and 974.08.

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.