Amendment SSA1-SB82

SB82-SSA1,559 Section 559. 969.01 (2) (e) of the statutes is renumbered 974.09 (1) (c) and amended to read:

SB82-SSA1,166,15 974.09 (1) (c) Any court or judge or any justice authorized to grant release after conviction for a misdemeanor or felony may, in addition to the powers granted in s. 969.08 969.51, revoke the order releasing a defendant.

SB82-SSA1,560 Section 560. 969.01 (3) of the statutes is renumbered 969.52 and amended to read:

SB82-SSA1,167,7 969.52 Bail for witness Arrest of a witness and release on bond. If A judge may issue a warrant for the arrest of a person who is not in court, other than the defendant, if it appears by from an affidavit or examination under oath that there is probable cause to believe that the person's testimony of a person is material in any felony a criminal proceeding and that it may become impracticable to secure the person's presence by subpoena, the judge may require such person to give bail for. Upon return of the warrant, the court may set conditions of release to secure the person's appearance as a witness. If the witness is not in court, a warrant for the person's arrest may be issued and upon return thereof the court may require the person to give bail as provided in s. 969.03 for the person's appearance as a witness. If the person fails to give bail, the person may be committed satisfy the conditions of release, the court may commit the person to the custody of the sheriff for a period not to exceed 15 days, within which time the person's deposition shall be taken as provided in, upon notice to the parties under s. 967.04 967.21. After the deposition has been subscribed, the court shall discharge the witness.

SB82-SSA1,561 Section 561. 969.01 (4) of the statutes is renumbered 969.33 (1) (intro.) and amended to read:

SB82-SSA1,167,18 969.33 (1) Considerations in setting conditions of release. (intro.) If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in In determining whether to release the defendant without bail, monetary conditions, in fixing monetary conditions in a reasonable amount of bail or, or in imposing other reasonable conditions of release are: the, the court, judge, or justice may consider, without limitation, any of the following:

SB82-SSA1,167,19 (a) The ability of the arrested person to give bail, the.

SB82-SSA1,167,21 (b) The nature, number, and gravity of the alleged offenses and the potential penalty the defendant faces, whether.

SB82-SSA1,167,22 (c) Whether the alleged acts were violent in nature , the.

SB82-SSA1,167,24 (d) The defendant's prior criminal record of criminal convictions and delinquency adjudications, if any, the.

SB82-SSA1,167,25 (e) The character, health, residence, and reputation of the defendant, the.

SB82-SSA1,168,2 (f) The character and strength of the evidence which has been presented to the judge, whether.

SB82-SSA1,168,4 (g) Whether the defendant is currently on probation, extended supervision or parole, whether.

SB82-SSA1,168,6 (h) Whether the defendant is already on bail or subject to other release conditions in other pending cases, whether.

SB82-SSA1,168,8 (i) Whether the defendant has been bound over for trial after a preliminary examination, whether.

SB82-SSA1,168,10 (j) Whether the defendant has in the past forfeited bail bond or violated a condition of release or was a fugitive from justice at the time of arrest, and the.

SB82-SSA1,168,12 (k) The policy against unnecessary detention of the defendant's a defendant pending trial.

SB82-SSA1,562 Section 562. 969.02 (title), (1), (2), (3) (a), (b), (c) and (d), (4), (4m), (5), (7), (7m) and (8) of the statutes are repealed.

SB82-SSA1,563 Section 563. 969.02 (2m) of the statutes is renumbered 969.33 (8) and amended to read:

SB82-SSA1,168,20 969.33 (8) Credit cards accepted. The If the court imposes monetary conditions of release under this section, the clerk of circuit court may accept, instead of cash, a credit card or debit card, as defined in s. 59.40 (5) (a) and 1. and 2., instead of cash under sub. (2).

SB82-SSA1,564 Section 564. 969.02 (3) (e) of the statutes is renumbered 969.33 (5) (g) and amended to read:

SB82-SSA1,169,3 969.33 (5) (g) If the person defendant is charged with violating a restraining order or injunction issued under s. 813.12 or 813.125, may require the person requiring the defendant to participate in mental health treatment, a batterer's intervention program, or individual counseling. The judge court shall consider a request by the district attorney or the petitioner, as defined in s. 301.49 (1) (c), in determining whether to issue an order under this paragraph.

SB82-SSA1,565 Section 565. 969.02 (6) of the statutes is renumbered 969.38 (1) (a) and amended to read:

SB82-SSA1,169,13 969.38 (1) (a) When a the court enters a judgment of conviction is entered in a prosecution for a fine or costs or both in a case in which a cash deposit had been made in accordance with sub. (2), on a secured appearance bond, the court shall apply the balance of such the deposit, after deduction of deducting the bond costs, shall be applied first to the payment of any restitution ordered under s. 973.20 and then, if ordered restitution is satisfied in full, to the payment of the judgment. The court shall then return any remaining balance of the deposit to the person who made the deposit.

SB82-SSA1,566 Section 566. 969.02 (7m) of the statutes is amended to read:

SB82-SSA1,169,16 969.02 (7m) The restrictions on the application of cash deposits under subs. (6) and (7) do not apply if bail is forfeited under s. 969.13 969.42.

SB82-SSA1,567 Section 567. 969.03 of the statutes is repealed.

SB82-SSA1,568 Section 568. 969.035 of the statutes is renumbered 969.43, and 969.43 (4), (5), (7), (8) and (10), as renumbered, are amended to read:

SB82-SSA1,170,2 969.43 (4) If the court determines that the district attorney has complied with sub. (3), the court may order that the detention of a person who is currently in custody be continued or may issue a warrant commanding any law enforcement officer to bring the defendant without unnecessary delay before the court. When the defendant is brought before the court, he or she shall be given a copy of the documents specified in sub. (3) and informed of his or her rights under this section and s. 970.02 (1) and (6) 971.028.

SB82-SSA1,170,12 (5) A pretrial detention hearing is a hearing before a court for the purpose of determining if the continued detention of the defendant is justified. A pretrial detention hearing may be held in conjunction with a preliminary examination under s. 970.03 971.042 or a conditional release revocation hearing under s. 969.08 (5) (b) 969.51 (1), but separate findings shall be made by the court relating to the pretrial detention, preliminary examination, and conditional release revocation. The pretrial detention hearing shall be commenced within 10 days from the date the defendant is detained or brought before the court under sub. (4). The defendant may not be denied release from custody in accordance with s. 969.03 for more than 10 days prior to the hearing required by this subsection.

SB82-SSA1,170,15 (7) If the court does not make the findings under sub. (6) (a) and (b) and the defendant is otherwise eligible, the defendant shall be released from custody with or without conditions in accordance with s. 969.03 ss. 969.31 to 969.33.

SB82-SSA1,170,20 (8) If the court makes the findings under sub. (6) (a) and (b), the court may deny bail to the defendant for an additional period not to exceed 60 days following the hearing. If the time period passes and the defendant is otherwise eligible, he or she shall be released from custody with or without conditions in accordance with s. s. 969.03 ss. 969.31 to 969.33.

SB82-SSA1,170,22 (10) The defendant may petition the court to be released from custody with or without conditions in accordance with s. 969.03 ss. 969.31 to 969.33 at any time.

SB82-SSA1,569 Section 569. 969.04 of the statutes is renumbered 969.40 and amended to read:

SB82-SSA1,171,4 969.40 Surety may satisfy default. Any If a defendant fails to comply with the conditions of his or her bond, any surety may, after default, pay to the clerk of the court the amount for which the surety was bound, or such lesser sum as the court, after notice and hearing, may direct, and thereupon be discharged.

SB82-SSA1,570 Section 570. 969.05 of the statutes is repealed.

SB82-SSA1,571 Section 571. 969.065 of the statutes is renumbered 969.34 and amended to read:

SB82-SSA1,171,12 969.34 Judicial conference; bail alternatives Bail schedule. The judicial conference shall develop guidelines, which the supreme court shall adopt by rule, for cash bail for releasing on bond persons accused of misdemeanors which the supreme court shall adopt by rule. The guidelines shall relate primarily to individuals. The guidelines and may be revised from time to time under this section.

SB82-SSA1,572 Section 572. 969.07 of the statutes is renumbered 969.36 and amended to read:

SB82-SSA1,172,7 969.36 Taking of bail cash deposit by law enforcement officer. When bail has monetary conditions of release have been set before the initial appearance for a particular defendant, any law enforcement officer may take bail in accordance with s. 969.02 a cash deposit and release the defendant to appear at a specified time and place in accordance with the conditions of the appearance stated in the bond. Bail shall not be required of a defendant who has been cited for commission of a misdemeanor in accordance with s. 968.085. The law enforcement officer shall give a receipt to the defendant for the bail so taken deposit and within a reasonable time deposit the bail it with the clerk of the court before whom where the defendant is to appear. Bail taken by a law enforcement officer may be taken A law enforcement officer may take a cash deposit only at a sheriff's office or police station. The receipts shall be numbered serially and shall be in triplicate, one copy for the defendant, one copy to be filed with the clerk and one copy to be filed with the police or sheriff's department which takes the bail. This section does not require the release of a defendant from custody when an officer is of the opinion that the defendant is not in a fit condition to care for his or her own safety or would constitute, because of his or her physical condition, a danger to the safety of others. If a defendant is not released under this section, s. 970.01 971.015 (1) shall apply.

SB82-SSA1,573 Section 573. 969.08 (title) of the statutes is renumbered 969.51 (title) and amended to read:

SB82-SSA1,172,11 969.51 (title) Grant, reduction, increase or revocation Revocations of conditions of defendant's release.

SB82-SSA1,574 Section 574. 969.08 (1), (2), (3) and (4) of the statutes are repealed.

SB82-SSA1,575 Section 575. 969.08 (5) (a) of the statutes is renumbered 969.51 (1) (a).

SB82-SSA1,576 Section 576. 969.08 (5) (b) 1. of the statutes is renumbered 969.51 (1) (b) 1. and amended to read:

SB82-SSA1,173,4 969.51 (1) (b) 1. If the court determines that the state has complied with par. (a), the court may issue a warrant commanding any law enforcement officer to bring the defendant without unnecessary delay before the court. When the defendant is brought before the court, he or she shall be given a copy of the documents specified in par. (a) and informed of his or her rights under s. 970.02 (1) and (6) 971.028. The court may hold the defendant in custody and suspend the previously imposed conditions of release pending a hearing on the alleged breach. The hearing under this paragraph and the preliminary examination under s. 970.03 971.042, if required, shall be a combined hearing, with the court making the separate findings required under this paragraph and s. 970.03 971.042 at the conclusion of the combined hearing. The hearing shall be commenced within 7 days from the date the defendant is taken into custody. The defendant may not be held without setting conditions of release for more than 7 days unless a hearing is held and the findings required by this paragraph are established.

SB82-SSA1,577 Section 577. 969.08 (5) (b) 2. of the statutes is renumbered 969.51 (1) (b) 2.

SB82-SSA1,578 Section 578. 969.08 (5) (b) 3. of the statutes is renumbered 969.51 (1) (b) 3. and amended to read:

SB82-SSA1,173,17 969.51 (1) (b) 3. Upon a finding by the court that the state has established by clear and convincing evidence that the defendant has committed a serious crime while on conditional release, the court may revoke the release of the defendant and hold the defendant for trial without setting conditions of release. No reference may be made during the trial of the offense to the court's finding in the hearing. No reference may be made in the trial to any testimony of the defendant at the hearing, except if the testimony is used for impeachment purposes. If the court does not find that the state has established by clear and convincing evidence that the defendant has committed a serious crime while on conditional release, the defendant shall be released on bail or other conditions deemed appropriate by the court.

SB82-SSA1,579 Section 579. 969.08 (5) (b) 4. of the statutes is renumbered 969.51 (1) (b) 4. and amended to read:

SB82-SSA1,174,3 969.51 (1) (b) 4. If the release of any defendant is revoked under subd. 3., the defendant may demand and shall be entitled to be brought to trial on the offense with respect to which he or she was formerly released on conditions within 60 days after the date on which he or she appeared before the court under subd. 1. If the defendant is not brought to trial within the 60-day period he or she shall not be held longer without setting conditions of release and shall be released on bail or other conditions deemed appropriate by the court. In computing the 60-day period, the court shall omit any period of delay if the court finds that the delay results from a continuance granted at the exclusive request of the defendant.

SB82-SSA1,580 Section 580. 969.08 (5) (b) 5. of the statutes is renumbered 969.51 (1) (b) 5.

SB82-SSA1,581 Section 581. 969.08 (6) of the statutes is renumbered 969.51 (2).

SB82-SSA1,582 Section 582. 969.08 (7) of the statutes is renumbered 969.51 (3) and amended to read:

SB82-SSA1,174,13 969.51 (3) If a person is charged with the commission of a serious crime in a county other than the county in which the person was released on conditions, the district attorney and court may proceed under sub. (6) (1) and certify the findings to the circuit court for the county in which the person was released on conditions. That circuit court shall make the release revocation decision based on the certified findings.

SB82-SSA1,583 Section 583. 969.08 (8) of the statutes is renumbered 969.51 (4) and amended to read:

SB82-SSA1,174,19 969.51 (4) Information stated in, or offered in connection with, any order entered under this chapter setting bail or other conditions of release need not conform to the rules of evidence, except as provided under sub. (5) (1) (b) 2. or s. 901.05.

SB82-SSA1,584 Section 584. 969.08 (9) of the statutes is renumbered 969.51 (5).

SB82-SSA1,585 Section 585. 969.08 (9m) of the statutes is renumbered 969.51 (6) and amended to read:

SB82-SSA1,174,25 969.51 (6) A person who has had bail bond revoked under this section is entitled to placement of his or her case on an expedited trial calendar and his or her trial shall be given priority.

SB82-SSA1,586 Section 586. 969.08 (10) of the statutes is renumbered 969.51 (7).

SB82-SSA1,587 Section 587. 969.09 (title), (1) and (3) of the statutes are repealed.

SB82-SSA1,588 Section 588. 969.09 (2) of the statutes is renumbered 974.09 (2) and amended to read:

SB82-SSA1,175,11 974.09 (2) If the defendant is admitted to bail upon released on conditions pending appeal, the conditions of the bond shall be that the defendant will duly prosecute the defendant's appeal, that the defendant will appear at such the time and place as that the court directs, and that, if the judgment is affirmed or reversed and remanded for a new trial or further proceedings upon notice after remittitur, the defendant will surrender to the sheriff of the county in which the defendant was tried.

SB82-SSA1,589 Section 589. 969.10 of the statutes is amended to read:

SB82-SSA1,175,16 969.10 Notice of change of address. A person who has been released on bail or other conditions shall give written notice to the clerk of any change in his or her address within 48 hours after the change. This requirement shall be printed on all bonds.

SB82-SSA1,590 Section 590. 969.11 of the statutes is renumbered 969.35 and amended to read:

SB82-SSA1,176,3 969.35 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.

SB82-SSA1,176,8 (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.

SB82-SSA1,591 Section 591. 969.12 of the statutes is renumbered 969.39.

SB82-SSA1,592 Section 592. 969.13 of the statutes is renumbered 969.42.

SB82-SSA1,593 Section 593. 969.14 of the statutes is repealed.

SB82-SSA1,594 Section 594. Subchapter I (title) of chapter 969 [precedes 969.15] of the statutes is created to read:

SB82-SSA1,176,14 chapter 969

SB82-SSA1,176,16 subchapter i arrests, summonses, and citations

SB82-SSA1,595 Section 595. 969.15 of the statutes is created to read:

SB82-SSA1,176,20 969.15 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:

SB82-SSA1,176,21 (1) By the person's voluntary appearance.

SB82-SSA1,176,22 (2) By the person's appearance in response to a citation.

SB82-SSA1,176,23 (3) By the person's appearance in response to a summons.

SB82-SSA1,176,24 (4) By the person's arrest, with or without a warrant.

SB82-SSA1,177,2 (5) By the person's appearance in response to a condition of release from custody.

SB82-SSA1,177,4 (6) By the person's appearance in response to a judicial order to produce a person already in custody.

SB82-SSA1,596 Section 596. 969.19 of the statutes is created to read:

SB82-SSA1,177,15 969.19 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. The time limit under this section does not apply to persons in custody as a result of a probation, extended supervision, or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10 (2).

Judicial Council Committee Note, 2015: The intent of this section is to codify the holding in County of Riverside v. McLaughlin, 500 U.S. 44 (1991).

SB82-SSA1,597 Section 597. 969.20 (2) of the statutes is created to read:

SB82-SSA1,177,22 969.20 (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.

SB82-SSA1,598 Section 598. 969.20 (6) of the statutes is created to read: