AB981,14,21 13782.29 Proceedings in absence of prisoner; appearance by attorney.
14When from sickness or infirmity the prisoner cannot without danger be brought
15before the court or judge before whom the writ is made returnable the respondent
16may state that fact in the return, verifying the same by oath. If satisfied of the truth
17of such allegation and the return is otherwise sufficient, the court or judge shall
18proceed to dispose of the matter. The prisoner may appear by attorney and plead to
19the return. If it appears that the prisoner is illegally imprisoned the court or judge
20shall order discharge forthwith; but if it appears that the person is legally imprisoned
21and is not entitled to bail release all further proceedings thereon shall cease.
AB981,41 22Section 41. 782.36 of the statutes is amended to read:
AB981,15,2 23782.36 Proceedings for unlawful detention. If the person having such
24prisoner in custody shall be brought before such officer as for a criminal offense the

1person shall be examined, committed, bailed released on conditions, or discharged
2by such officer in like manner as in other criminal cases of the like nature.
AB981,42 3Section 42. 784.05 of the statutes is amended to read:
AB981,15,15 4784.05 When defendant held to bail arrested. If the action is brought
5against a person for usurping an office, the attorney general or person complaining,
6in addition to the statement of the cause of action, may also set forth in the complaint
7the name of the person rightfully entitled to the office, with a statement of the
8person's right to the office. In such case, upon proof by affidavit that the defendant
9has received fees or emoluments belonging to the office and by means of his or her
10usurpation of the office, an order may be granted by a judge of the circuit court, by
11a judge of the court of appeals or by a justice of the supreme court, if the action is
12pending therein, for the arrest of the defendant and holding him or her to bail; and
13thereupon the defendant shall be arrested and held to bail in the manner and with
14the same effect and subject to the same rights and liabilities as in other civil actions
15when the defendant is subject to arrest.
AB981,43 16Section 43. 800.05 (1) of the statutes is amended to read:
AB981,15,2117 800.05 (1) A defendant may file a written request for a substitution of a new
18judge for the municipal judge assigned to the trial of that case. The written request
19shall be filed not later than 7 days after the initial appearance in person or by an
20attorney. The municipal judge against whom a request has been filed may set initial
21bail and
accept a plea of not guilty.
AB981,44 22Section 44. 800.11 (1) (i) of the statutes is repealed.
AB981,45 23Section 45. 808.075 (4) (g) 1. of the statutes is amended to read:
AB981,15,2424 808.075 (4) (g) 1. Release on bond under s. 809.31 or 969.01 (2).
AB981,46 25Section 46. 808.075 (4) (g) 2. of the statutes is amended to read:
AB981,16,2
1808.075 (4) (g) 2. Modification or revocation of bond release or a condition of
2release
under s. 969.01 (2) (e) or 969.08.
AB981,47 3Section 47. 809.31 (6) of the statutes is amended to read:
AB981,16,64 809.31 (6) The court ordering release shall require the defendant to post a bond
5in accordance with s. 969.09 and
may impose other terms and conditions of release.
6The defendant shall file the bond in the trial court.
AB981,48 7Section 48. 895.34 of the statutes is amended to read:
AB981,16,18 8895.34 Renewal of sureties upon becoming insufficient and effects
9thereof.
If any bail bond, recognizance, undertaking or other bond or undertaking
10given in any civil or criminal action or proceeding, becomes at any time insufficient,
11the court or judge thereof, municipal judge or any magistrate before whom such
12action or proceeding is pending, may, upon notice, require the plaintiff or defendant
13to give a new bond, recognizance or undertaking. Every person becoming surety on
14any such new bond, recognizance or undertaking is liable from the time the original
15was given, the same as if he or she had been the original surety. If any person fails
16to comply with the order made in the case the adverse party is entitled to any order,
17judgment, remedy or process to which he or she would have been entitled had no
18bond, recognizance or undertaking been given at any time.
AB981,49 19Section 49. 895.346 of the statutes is amended to read:
AB981,17,2 20895.346 Bail, deposit Deposit in lieu of bond. When any bond or
21undertaking is authorized in any civil or criminal action or proceeding, the would-be
22obligor may, in lieu thereof and with like legal effect, deposit with the proper court
23or officer cash or certified bank checks or U.S. bonds or bank certificates of deposit
24in an amount at least equal to the required security; and the receiver thereof shall

1give a receipt therefor and shall notify the payor bank of any deposits of bank
2certificates of deposit. Section 808.07 shall govern the procedure so far as applicable.
AB981,50 3Section 50. 895.446 (4) of the statutes is amended to read:
AB981,17,64 895.446 (4) Any recovery under this section shall be reduced by the amount
5recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act
6or as recompense under s. 969.13 (5) (a), 2013 stats., for the same act.
AB981,51 7Section 51. 911.01 (4) (c) of the statutes is amended to read:
AB981,17,168 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
9rendition; sentencing, granting or revoking probation, modification of a bifurcated
10sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s.
11973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest
12warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2);
13proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release
14under ch. 969 except where habeas corpus is utilized with respect to release on bail
15or as otherwise as provided in ch. 969; or proceedings under s. 165.76 (6) to compel
16provision of a biological specimen for deoxyribonucleic acid analysis.
AB981,52 17Section 52. 938.18 (8) of the statutes is amended to read:
AB981,17,2118 938.18 (8) Transfer to adult facility; bail release. When waiver is granted,
19the juvenile, if held in secure custody, shall be transferred to an appropriate officer
20or adult facility and shall be eligible for bail release in accordance with chs. 968 and
21969.
AB981,53 22Section 53. 938.35 (1) (cm) of the statutes is amended to read:
AB981,17,2423 938.35 (1) (cm) In a court of civil or criminal jurisdiction for purposes of setting
24bail conditions of release under ch. 969 or impeaching a witness under s. 906.09.
AB981,54 25Section 54. 940.48 (3) of the statutes is amended to read:
AB981,18,6
1940.48 (3) By the revocation of any form of pretrial release or forfeiture of bail
2and the issuance of a bench warrant for the defendant's arrest or remanding the
3defendant to custody. After hearing and on substantial evidence, the revocation may
4be made whether the violation of order complained of has been committed by the
5defendant personally or was caused or encouraged to have been committed by the
6defendant.
AB981,55 7Section 55. 940.49 of the statutes is amended to read:
AB981,18,13 8940.49 Pretrial release. Any pretrial release of any defendant whether on
9bail or under any other form of recognizance
shall be deemed to include a condition
10that the defendant neither do, nor cause to be done, nor permit to be done on his or
11her behalf, any act proscribed by ss. 940.42 to 940.45 and any willful violation of the
12condition is subject to punishment as prescribed in s. 940.48 (3) whether or not the
13defendant was the subject of an order under s. 940.47.
AB981,56 14Section 56. 943.245 (3m) of the statutes is amended to read:
AB981,18,1915 943.245 (3m) Any recovery under this section shall be reduced by the amount
16recovered as restitution for the same act under ss. 800.093 and 973.20 or as
17recompense under s. 969.13 (5) (a), 2013 stats., for the same act and by any amount
18collected in connection with the act and paid to the plaintiff under a deferred
19prosecution agreement under s. 971.41.
AB981,57 20Section 57. 943.51 (3r) of the statutes is amended to read:
AB981,18,2321 943.51 (3r) Any recovery under this section shall be reduced by the amount
22recovered as restitution for the same act under ss. 800.093 and 973.20 or as
23recompense under s. 969.13 (5) (a), 2013 stats., for the same act.
AB981,58 24Section 58. 946.49 (1) of the statutes is renumbered 946.49, and 946.49
25(intro.), as renumbered, is amended to read:
AB981,19,3
1946.49 Bail jumping Violations of conditions of release. (intro.)
2Whoever, having been released from custody under ch. 969, intentionally fails to
3comply with the terms of his or her bond conditions of his or her release is:
AB981,59 4Section 59. 946.49 (2) of the statutes is repealed.
AB981,60 5Section 60. 946.87 (2) (am) of the statutes is amended to read:
AB981,19,126 946.87 (2) (am) Notwithstanding par. (a), property described in par. (a) is
7subject to forfeiture if the person who violated s. 946.83 or 946.85 has not been
8convicted, but he or she is a defendant in a criminal proceeding, is released, pending
9trial, on bail, as defined in s. 969.001 pursuant to ch. 969, and fails to appear in court
10regarding the criminal proceeding. However, before making the final determination
11of any action under this section, the court must determine that the party bringing
12the action can prove the person committed the violation of s. 946.83 or 946.85.
AB981,61 13Section 61. 950.04 (1v) (qm) of the statutes is repealed.
AB981,62 14Section 62. 967.02 (3) of the statutes is repealed.
AB981,63 15Section 63. 967.04 (1) of the statutes is amended to read:
AB981,19,2516 967.04 (1) If it appears that a prospective witness may be unable to attend or
17prevented from attending a criminal trial or hearing, that the prospective witness's
18testimony is material and that it is necessary to take the prospective witness's
19deposition in order to prevent a failure of justice, the court at any time after the filing
20of an indictment or information may upon motion and notice to the parties order that
21the prospective witness's testimony be taken by deposition and that any designated
22books, papers, documents or tangible objects, not privileged, be produced at the same
23time and place. If a witness is committed pursuant to s. 969.01 (3), the court shall
24direct that the witness's deposition be taken upon notice to the parties.
After the
25deposition has been subscribed, the court shall discharge the witness.
AB981,64
1Section 64. 967.08 (1) of the statutes is amended to read:
AB981,20,142 967.08 (1) Unless good cause to the contrary is shown, proceedings referred to
3in this section may be conducted by telephone or live audiovisual means, if available.
4If the proceeding is required to be reported under SCR 71.01 (2), the proceeding shall
5be reported by a court reporter who is in simultaneous voice communication with all
6parties to the proceeding. Regardless of the physical location of any party to the call,
7any plea, waiver, stipulation, motion, objection, decision, order or other action taken
8by the court or any party shall have the same effect as if made in open court. With
9the exceptions of scheduling conferences, pretrial conferences, and, during hours the
10court is not in session, setting, review, modification of bail and other conditions of
11release under ch. 969, the proceeding shall be conducted in a courtroom or other place
12reasonably accessible to the public. Simultaneous access to the proceeding shall be
13provided to persons entitled to attend by means of a loudspeaker or, upon request to
14the court, by making a person party to the telephone call without charge.
AB981,65 15Section 65. 967.08 (3) (a) of the statutes is amended to read:
AB981,20,1716 967.08 (3) (a) Setting, review and modification of bail and other conditions of
17release under ch. 969.
AB981,66 18Section 66. 968.075 (2m) of the statutes is amended to read:
AB981,20,2219 968.075 (2m) Immediate release prohibited. Unless s. 968.08 applies, a law
20enforcement officer may not release a person whose arrest was required under sub.
21(2) until the person posts bail under s. 969.07 or appears before a judge under s.
22970.01 (1).
AB981,67 23Section 67. Chapter 969 (title) of the statutes is amended to read:
AB981,20,2424 CHAPTER 969
AB981,21,2
1bail and other conditions of
2 pretrial
release
AB981,68 3Section 68. 969.001 (intro.) of the statutes is repealed.
AB981,69 4Section 69. 969.001 (1) of the statutes is repealed.
AB981,70 5Section 70. 969.001 (2) of the statutes is renumbered 969.01 (1g) and amended
6to read:
AB981,21,117 969.01 (1g) Definition. "Serious In this chapter, "serious bodily harm" means
8bodily injury which causes or contributes to the death of a human being or which
9creates a substantial risk of death or which causes serious permanent disfigurement,
10or which causes a permanent or protracted loss or impairment of the function of any
11bodily member or organ or other serious bodily injury.
AB981,71 12Section 71. 969.01 (1) of the statutes is renumbered 969.01 (1m) and amended
13to read:
AB981,21,2214 969.01 (1m) Before conviction. Before conviction, except as provided in ss.
15969.035 and 971.14 (1r), a defendant arrested for a criminal offense is eligible for
16release under reasonable conditions designed to assure his or her appearance in
17court, protect members of the community from serious bodily harm, or prevent the
18intimidation of witnesses. Bail may be imposed at or after the initial appearance
19only upon a finding by the court that there is a reasonable basis to believe that bail
20is necessary to assure appearance in court. In determining whether any conditions
21of release are appropriate, the judge shall first consider the likelihood of the
22defendant appearing for trial if released on his or her own recognizance.
AB981,72 23Section 72. 969.01 (2) (a) of the statutes is amended to read:
AB981,22,324 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the
25discretion of the trial court after conviction and prior to sentencing or the granting

1of probation. This paragraph does not apply to a conviction for a 3rd or subsequent
2violation that is counted as a suspension, revocation, or conviction under s. 343.307,
3or under s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.
AB981,73 4Section 73. 969.01 (3) of the statutes is repealed.
AB981,74 5Section 74. 969.01 (4) of the statutes is renumbered 969.01 (4) (a) and
6amended to read:
AB981,22,137 969.01 (4) (a) If bail is imposed, it shall be only in the amount found necessary
8to assure the appearance of
The court shall release the defendant. unless it finds, by
9clear and convincing evidence, that there is a substantial risk that the defendant will
10not appear for trial, will cause serious bodily harm to a member of the community,
11or intimidate a witness if he or she is released. The nature, number, and gravity of
12the offenses may not solely constitute sufficient reason for refusing to release the
13defendant.
AB981,23,6 14(b) Conditions of release, other than monetary conditions, may be imposed for
15the purpose of protecting members of the community from serious bodily harm or
16preventing intimidation of witnesses. Proper considerations in determining
17whether to release the defendant without bail, fixing a reasonable amount of bail or
18imposing other
reasonable conditions of release are: the ability of the arrested person
19to give bail,
the nature, number and gravity of the offenses and the potential penalty
20the defendant faces, whether the alleged acts were violent in nature, the defendant's
21prior record of criminal convictions and delinquency adjudications, if any, the
22character, health, residence and reputation of the defendant, the character and
23strength of the evidence which has been presented to the judge, whether the
24defendant is currently on probation, extended supervision or parole, whether the
25defendant is already on bail or subject to other release conditions in other pending

1cases, whether the defendant has been bound over for trial after a preliminary
2examination, whether the defendant has in the past forfeited bail, as defined in s.
3969.001 (1), 2013 stats.,
or violated a condition of release or was a fugitive from
4justice at the time of arrest, and the policy against unnecessary detention of the
5defendant's pending trial. No judge may find that any monetary condition is
6necessary to assure the defendant's appearance in court.
AB981,75 7Section 75. 969.02 (title) of the statutes is amended to read:
AB981,23,9 8969.02 (title) Release Pretrial release of defendants charged with
9misdemeanors
.
AB981,76 10Section 76. 969.02 (1) of the statutes is repealed.
AB981,77 11Section 77. 969.02 (2) of the statutes is repealed.
AB981,78 12Section 78. 969.02 (2m) of the statutes is repealed.
AB981,79 13Section 79. 969.02 (3) (intro.) of the statutes is amended to read:
AB981,23,1614 969.02 (3) (intro.) In addition to or in lieu of the alternatives under subs. (1)
15and (2), the
Upon determining that a defendant is eligible for pretrial release, a judge
16may:
AB981,80 17Section 80. 969.02 (4m) of the statutes is amended to read:
AB981,23,2018 969.02 (4m) Any person who is charged with a misdemeanor crime and
19released under this section shall comply with s. 940.49. The person shall be given
20written notice of this requirement.
AB981,81 21Section 81. 969.02 (5) of the statutes is amended to read:
AB981,23,2422 969.02 (5) Once bail has been given conditions of release are set and a charge
23is pending or is thereafter filed or transferred to another court, the latter court shall
24continue the original bail conditions in that court subject to s. 969.08.
AB981,82 25Section 82. 969.02 (6) of the statutes is repealed.
AB981,83
1Section 83. 969.02 (7) of the statutes is repealed.
AB981,84 2Section 84. 969.02 (7m) of the statutes is repealed.
AB981,85 3Section 85. 969.02 (8) of the statutes is repealed.
AB981,86 4Section 86. 969.03 of the statutes is repealed.
AB981,87 5Section 87. 969.035 (5) of the statutes is amended to read:
AB981,24,156 969.035 (5) A pretrial detention hearing is a hearing before a court for the
7purpose of determining if the continued detention of the defendant is justified. A
8pretrial detention hearing may be held in conjunction with a preliminary
9examination under s. 970.03 or a conditional release revocation hearing under s.
10969.08 (5) (b), but separate findings shall be made by the court relating to the pretrial
11detention, preliminary examination and conditional release revocation. The pretrial
12detention hearing shall be commenced within 10 days from the date the defendant
13is detained or brought before the court under sub. (4). The defendant may not be
14denied release from custody in accordance with s. 969.03 969.02 for more than 10
15days prior to the hearing required by this subsection.
AB981,88 16Section 88. 969.035 (7) of the statutes is amended to read:
AB981,24,1917 969.035 (7) If the court does not make the findings under sub. (6) (a) and (b)
18and the defendant is otherwise eligible, the defendant shall be released from custody
19with or without conditions in accordance with s. 969.03 969.02.
AB981,89 20Section 89. 969.035 (8) of the statutes is amended to read:
AB981,24,2521 969.035 (8) If the court makes the findings under sub. (6) (a) and (b), the court
22may deny bail to the defendant for an additional period not to exceed 60 days
23following the hearing. If the time period passes and the defendant is otherwise
24eligible, he or she shall be released from custody with or without conditions in
25accordance with s. 969.03 969.02.
AB981,90
1Section 90. 969.035 (10) of the statutes is amended to read:
AB981,25,32 969.035 (10) The defendant may petition the court to be released from custody
3with or without conditions in accordance with s. 969.03 969.02 at any time.
AB981,91 4Section 91. 969.04 of the statutes is repealed.
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