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LRB-4583/1
PJH:amn&wlj
2015 - 2016 LEGISLATURE
March 10, 2016 - Introduced by Representatives Goyke, Barnes, Bowen, Brostoff,
Kessler, Berceau, Considine and Zamarripa, cosponsored by Senators C.
Larson
and L. Taylor. Referred to Committee on Judiciary.
AB981,2,8 1An Act to repeal 59.52 (27), 165.755 (5), 302.46 (1) (d), 321.62 (2) (b), 345.23 (2)
2(d), 345.61, 757.05 (1) (d), 757.34, 800.11 (1) (i), 946.49 (2), 950.04 (1v) (qm),
3967.02 (3), 969.001 (intro.), 969.001 (1), 969.01 (3), 969.02 (1), 969.02 (2), 969.02
4(2m), 969.02 (6), 969.02 (7), 969.02 (7m), 969.02 (8), 969.03, 969.04, 969.05,
5969.065, 969.07, 969.12, 969.13, 969.14 and 973.20 (9m); to renumber and
6amend
946.49 (1), 969.001 (2), 969.01 (1) and 969.01 (4); and to amend 16.846
7(3), 29.03 (2) (d), 36.11 (1) (d), 83.016 (1), 103.60 (1), 114.09 (1) (b) 3., 114.105,
8175.60 (3) (d), 175.60 (3) (d), 175.60 (9g) (a) 2., 175.60 (11) (a) 2. g., 175.60 (14)
9(am), 289.33 (3) (d), 301.03 (7m), 321.62 (2) (c), subchapter III (title) of chapter
10345 [precedes 345.11], 345.11 (2), 345.20 (2) (b), 345.28 (5) (c) 2., 345.28 (7),
11345.315 (1), 345.32, 345.36 (1), 348.22, 753.30 (3) (a) 1., 755.14 (2), 757.26,
12757.69 (1) (b), 781.04 (1), 782.18, 782.23, 782.29, 782.36, 784.05, 800.05 (1),
13808.075 (4) (g) 1., 808.075 (4) (g) 2., 809.31 (6), 895.34, 895.346, 895.446 (4),
14911.01 (4) (c), 938.18 (8), 938.35 (1) (cm), 940.48 (3), 940.49, 943.245 (3m),

1943.51 (3r), 946.87 (2) (am), 967.04 (1), 967.08 (1), 967.08 (3) (a), 968.075 (2m),
2chapter 969 (title), 969.01 (2) (a), 969.02 (title), 969.02 (3) (intro.), 969.02 (4m),
3969.02 (5), 969.035 (5), 969.035 (7), 969.035 (8), 969.035 (10), 969.08 (title),
4969.08 (1), 969.08 (2), 969.08 (5) (b) 3., 969.08 (5) (b) 4., 969.08 (8), 969.08 (9m),
5969.09, 969.10, 969.11 (1), 969.11 (2), 970.02 (2), 970.03 (1), 970.03 (2), 971.14
6(2) (am), 971.14 (2) (b), 971.14 (2) (d), 971.20 (9), 971.31 (6), 972.08 (2) and
7973.15 (1) of the statutes; relating to: eliminating monetary bail as a condition
8of release in criminal proceedings.
Analysis by the Legislative Reference Bureau
This bill eliminates monetary bail as a condition of release for a defendant
charged with, or convicted of, a crime.
Under current law, a defendant who has been arrested for a criminal offense or
a defendant who has been convicted of a crime and is awaiting sentencing may be
released with monetary bail as a condition of release. Monetary bail may be satisfied
by the execution of a bail bond with sufficient sureties or by payment of the indicated
amount in cash. Current law allows a court to impose other conditions of release,
including limitations on travel and requirements for the defendant to avoid alcohol
or controlled substances, to avoid contact with certain persons, and to participate in
certain programs. If the defendant fails to appear in subsequent proceedings or
violates a condition of release, he or she forfeits the monetary bail.
Under the bill, a court is required to release a defendant before trial unless it
finds, by clear and convincing evidence, that there is a substantial risk that the
defendant will not appear for trial or will cause serious bodily harm to a member of
the community or intimidate a witness if he or she is released. Under the bill, the
court may not use the nature, number, and gravity of the offenses as the sole
sufficient reason for refusing to release the defendant.
The bill also eliminates the practice of imposing a monetary bail on a witness
to ensure the witness's appearance at trial, eliminates the use of monetary bail to
compensate victims of crimes, and eliminates the use of monetary bail as a means
of securing a person's appearance in a civil forfeiture action.
The bill allows the court to set nonmonetary conditions of release for defendants
and for persons convicted of a crime but not sentenced or ordered to release upon or
pending appeal.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB981,1 1Section 1. 16.846 (3) of the statutes is amended to read:
AB981,3,62 16.846 (3) All fines imposed and collected under this section shall be
3transmitted to the county treasurer for disposition in accordance with s. 59.25 (3) (f)
4and (j). All forfeitures, including forfeitures of posted bail, if any, imposed and
5collected under this section shall be transmitted to the county treasurer for
6disposition in accordance with ss. 778.13 and 778.17.
AB981,2 7Section 2. 29.03 (2) (d) of the statutes is amended to read:
AB981,3,148 29.03 (2) (d) "Conviction" means a conviction, including any court conviction,
9for any offense related to the preservation, protection, management, or restoration
10of wildlife that is prohibited by state law, regulation, ordinance, resolution, or
11administrative rule. "Conviction" shall also include the forfeiture of any bail, bond,
12or other security deposited to secure appearance by a person charged with having
13committed the offense,
the payment of a penalty assessment or surcharge, a plea of
14no contest, and the imposition of a deferred or suspended sentence by a court.
AB981,3 15Section 3. 36.11 (1) (d) of the statutes is amended to read:
AB981,3,2016 36.11 (1) (d) All fines imposed and collected under this subsection shall be
17transmitted to the county treasurer for disposition in accordance with s. 59.25 (3) (f)
18and (j). All forfeitures, including forfeitures of posted bail if any, imposed and
19collected under this subsection shall be transmitted to the county treasurer for
20disposition in accordance with ss. 778.13 and 778.17.
AB981,4 21Section 4. 59.52 (27) of the statutes is repealed.
AB981,5
1Section 5. 83.016 (1) of the statutes is amended to read:
AB981,4,152 83.016 (1) The county board, or one of its committees to which it may delegate
3such authority, may appoint traffic officers for the enforcement of laws relating to the
4highways or their use, or the maintenance of order upon or near the highways.
5Traffic officers may arrest without warrant any person who, in their presence,
6violates any law relating to highways or the maintenance of order upon or near
7highways. Any traffic officer, sheriff, constable or other police officer may make such
8arrest without warrant on the request of any other traffic officer, sheriff, constable
9or police officer in whose presence any such offense has been committed. The
10appointment of any traffic officer may be revoked at any time by the county board
11or one of its committees to which it may delegate such authority. No traffic officer
12shall receive or accept from or for any person he or she has arrested , any money or
13other thing of value, as or in lieu of bail or for the person's appearance before a court,
14or
to cover or be applied to the payment of fines or costs, or as a condition of such
15person's release.
AB981,6 16Section 6. 103.60 (1) of the statutes is amended to read:
AB981,4,1817 103.60 (1) The rights to bail release that are accorded to persons accused of a
18crime.
AB981,7 19Section 7. 114.09 (1) (b) 3. of the statutes is amended to read:
AB981,4,2220 114.09 (1) (b) 3. The court shall make a written report of all convictions,
21including bail or appearance money forfeitures,
obtained under this section to the
22department, which shall send the report to the proper federal agency.
AB981,8 23Section 8. 114.105 of the statutes is amended to read:
AB981,5,8 24114.105 Local regulation. Any county, town, city or village may adopt any
25ordinance in strict conformity with the provisions of this chapter and impose the

1same penalty for violation of any of its provisions except that such ordinance shall
2not provide for the suspension or revocation of pilot or aircraft licenses or certificates
3and shall not provide for imprisonment except for failure to pay any fine which may
4be imposed. No local authority shall enact any ordinance governing aircraft or
5aeronautics or spacecraft or astronautics contrary to or inconsistent with the
6provisions of this chapter or federal law. Every court in which a violation of such
7ordinance is prosecuted shall make a written report of any conviction (including bail
8or appearance money forfeiture)
to the federal aviation administration.
AB981,9 9Section 9. 165.755 (5) of the statutes is repealed.
AB981,10 10Section 10. 175.60 (3) (d) of the statutes is amended to read:
AB981,5,1211 175.60 (3) (d) The court has prohibited the individual from possessing a
12dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats.
AB981,11 13Section 11. 175.60 (3) (d) of the statutes is amended to read:
AB981,5,1514 175.60 (3) (d) The court has prohibited the individual from possessing a
15dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c), 2013 stats.
AB981,12 16Section 12. 175.60 (9g) (a) 2. of the statutes is amended to read:
AB981,6,917 175.60 (9g) (a) 2. The department shall conduct a criminal history record
18search and shall search its records and conduct a search in the national instant
19criminal background check system to determine whether the applicant is prohibited
20from possessing a firearm under federal law; whether the applicant is prohibited
21from possessing a firearm under s. 941.29; whether the applicant is prohibited from
22possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
23has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
2454.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
25under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued

1by a court established by any federally recognized Wisconsin Indian tribe or band,
2except the Menominee Indian tribe of Wisconsin, that includes notice to the
3respondent that he or she is subject to the requirements and penalties under s.
4941.29 and that has been filed with the circuit court under s. 806.247 (3); and
5whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m)
6or 813.125 (4m); and to determine if the court has prohibited the applicant from
7possessing a dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats.
8and if the applicant is prohibited from possessing a dangerous weapon as a condition
9of release under s. 969.01.
AB981,13 10Section 13. 175.60 (11) (a) 2. g. of the statutes is amended to read:
AB981,6,1211 175.60 (11) (a) 2. g. A court has prohibited the individual from possessing a
12dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats.
AB981,14 13Section 14. 175.60 (14) (am) of the statutes is amended to read:
AB981,6,2114 175.60 (14) (am) The department shall suspend a license issued under this
15section if a court has prohibited the licensee from possessing a dangerous weapon
16under s. 969.02 (3) (c) or 969.03 (1) (c). If the individual whose license was suspended
17is no longer subject to the prohibition under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013
18stats.
, whichever is applicable, sub. (3) (b), (c), (d), (e), (f), or (g) does not apply to the
19individual, and the suspended license would not have expired under sub. (15) (a) had
20it not been suspended, the department shall restore the license within 5 business
21days of notification that the licensee is no longer subject to the prohibition.
AB981,15 22Section 15. 289.33 (3) (d) of the statutes is amended to read:
AB981,7,1523 289.33 (3) (d) "Local approval" includes any requirement for a permit, license,
24authorization, approval, variance or exception or any restriction, condition of
25approval or other restriction, regulation, requirement or prohibition imposed by a

1charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
2a town, city, village, county or special purpose district, including without limitation
3because of enumeration any ordinance, resolution or regulation adopted under s.
491.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
5(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
6(25), and (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15),
7(19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8),
8(10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3),
9(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
1059.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
11(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
12and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
1361.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
1487.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
15of ch. 91.
AB981,16 16Section 16. 301.03 (7m) of the statutes is amended to read:
AB981,7,2017 301.03 (7m) Supervise criminal defendants accepted into the custody of the
18department under s. 969.02 (3) (a) or s. 969.03 (1) (a), 2013 stats. The department
19shall charge the county that is prosecuting the defendant a fee for providing this
20supervision. The department shall set the fee by rule.
AB981,17 21Section 17. 302.46 (1) (d) of the statutes is repealed.
AB981,18 22Section 18. 321.62 (2) (b) of the statutes is repealed.
AB981,19 23Section 19. 321.62 (2) (c) of the statutes is amended to read:
AB981,8,724 321.62 (2) (c) A surety, guarantor, endorser, or other person subject to the
25obligation, liability, court action, order, writ, or judgment under par. (a) or (b) may

1waive in writing the rights afforded by this subsection, except that the waiver is not
2valid unless the waiver is executed as an instrument separate from the obligation,
3liability, court action, order, writ, or judgment. The waiver under this paragraph is
4not valid after the beginning of the period of state active duty if executed by a service
5member who subsequently is ordered into state active duty. The waiver under this
6paragraph is not valid if executed by a dependent of a service member unless the
7waiver is executed during the period of state active duty.
AB981,20 8Section 20. Subchapter III (title) of chapter 345 [precedes 345.11] of the
9statutes is amended to read:
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