AB981: Bill Text

AB981,19,12 946.87 (2) (am) Notwithstanding par. (a), property described in par. (a) is subject to forfeiture if the person who violated s. 946.83 or 946.85 has not been convicted, but he or she is a defendant in a criminal proceeding, is released, pending trial, on bail, as defined in s. 969.001 pursuant to ch. 969, and fails to appear in court regarding the criminal proceeding. However, before making the final determination of any action under this section, the court must determine that the party bringing the action can prove the person committed the violation of s. 946.83 or 946.85.

AB981,61 Section 61. 950.04 (1v) (qm) of the statutes is repealed.

AB981,62 Section 62. 967.02 (3) of the statutes is repealed.

AB981,63 Section 63. 967.04 (1) of the statutes is amended to read:

AB981,19,25 967.04 (1) If it appears that a prospective witness may be unable to attend or prevented from attending a criminal trial or hearing, that the prospective witness's testimony is material and that it is necessary to take the prospective witness's deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment or information may upon motion and notice to the parties order that the prospective witness's testimony be taken by deposition and that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place. If a witness is committed pursuant to s. 969.01 (3), the court shall direct that the witness's deposition be taken upon notice to the parties. After the deposition has been subscribed, the court shall discharge the witness.

AB981,64 Section 64. 967.08 (1) of the statutes is amended to read:

AB981,20,14 967.08 (1) Unless good cause to the contrary is shown, proceedings referred to in this section may be conducted by telephone or live audiovisual means, if available. If the proceeding is required to be reported under SCR 71.01 (2), the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, setting, review, modification of bail and other conditions of release under ch. 969, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge.

AB981,65 Section 65. 967.08 (3) (a) of the statutes is amended to read:

AB981,20,17 967.08 (3) (a) Setting, review and modification of bail and other conditions of release under ch. 969.

AB981,66 Section 66. 968.075 (2m) of the statutes is amended to read:

AB981,20,22 968.075 (2m) Immediate release prohibited. Unless s. 968.08 applies, a law enforcement officer may not release a person whose arrest was required under sub. (2) until the person posts bail under s. 969.07 or appears before a judge under s. 970.01 (1).

AB981,67 Section 67. Chapter 969 (title) of the statutes is amended to read:

AB981,20,24 CHAPTER 969

AB981,21,2 bail and other conditions of pretrial release

AB981,68 Section 68. 969.001 (intro.) of the statutes is repealed.

AB981,69 Section 69. 969.001 (1) of the statutes is repealed.

AB981,70 Section 70. 969.001 (2) of the statutes is renumbered 969.01 (1g) and amended to read:

AB981,21,11 969.01 (1g) Definition. "Serious In this chapter, "serious bodily harm" means bodily injury which causes or contributes to the death of a human being or which creates a substantial risk of death or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

AB981,71 Section 71. 969.01 (1) of the statutes is renumbered 969.01 (1m) and amended to read:

AB981,21,22 969.01 (1m) Before conviction. Before conviction, except as provided in ss. 969.035 and 971.14 (1r), a defendant arrested for a criminal offense is eligible for release under reasonable conditions designed to assure his or her appearance in court, protect members of the community from serious bodily harm, or prevent the intimidation of witnesses. Bail may be imposed at or after the initial appearance only upon a finding by the court that there is a reasonable basis to believe that bail is necessary to assure appearance in court. In determining whether any conditions of release are appropriate, the judge shall first consider the likelihood of the defendant appearing for trial if released on his or her own recognizance.

AB981,72 Section 72. 969.01 (2) (a) of the statutes is amended to read:

AB981,22,3 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the discretion of the trial court after conviction and prior to sentencing or the granting of probation. This paragraph does not apply to a conviction for a 3rd or subsequent violation that is counted as a suspension, revocation, or conviction under s. 343.307, or under s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.

AB981,73 Section 73. 969.01 (3) of the statutes is repealed.

AB981,74 Section 74. 969.01 (4) of the statutes is renumbered 969.01 (4) (a) and amended to read:

AB981,22,13 969.01 (4) (a) If bail is imposed, it shall be only in the amount found necessary to assure the appearance of The court shall release the defendant. unless it finds, by clear and convincing evidence, that there is a substantial risk that the defendant will not appear for trial, will cause serious bodily harm to a member of the community, or intimidate a witness if he or she is released. The nature, number, and gravity of the offenses may not solely constitute sufficient reason for refusing to release the defendant.

AB981,23,6 (b) 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 determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior record of criminal convictions and delinquency adjudications, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation, extended supervision or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail, as defined in s. 969.001 (1), 2013 stats., or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial. No judge may find that any monetary condition is necessary to assure the defendant's appearance in court.

AB981,75 Section 75. 969.02 (title) of the statutes is amended to read:

AB981,23,9 969.02 (title) Release Pretrial release of defendants charged with misdemeanors.

AB981,76 Section 76. 969.02 (1) of the statutes is repealed.

AB981,77 Section 77. 969.02 (2) of the statutes is repealed.

AB981,78 Section 78. 969.02 (2m) of the statutes is repealed.

AB981,79 Section 79. 969.02 (3) (intro.) of the statutes is amended to read:

AB981,23,16 969.02 (3) (intro.) In addition to or in lieu of the alternatives under subs. (1) and (2), the Upon determining that a defendant is eligible for pretrial release, a judge may:

AB981,80 Section 80. 969.02 (4m) of the statutes is amended to read:

AB981,23,20 969.02 (4m) Any person who is charged with a misdemeanor crime and released under this section shall comply with s. 940.49. The person shall be given written notice of this requirement.

AB981,81 Section 81. 969.02 (5) of the statutes is amended to read:

AB981,23,24 969.02 (5) Once bail has been given conditions of release are set and a charge is pending or is thereafter filed or transferred to another court, the latter court shall continue the original bail conditions in that court subject to s. 969.08.

AB981,82 Section 82. 969.02 (6) of the statutes is repealed.

AB981,83 Section 83. 969.02 (7) of the statutes is repealed.

AB981,84 Section 84. 969.02 (7m) of the statutes is repealed.

AB981,85 Section 85. 969.02 (8) of the statutes is repealed.

AB981,86 Section 86. 969.03 of the statutes is repealed.

AB981,87 Section 87. 969.035 (5) of the statutes is amended to read:

AB981,24,15 969.035 (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 or a conditional release revocation hearing under s. 969.08 (5) (b), 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. 969.03 969.02 for more than 10 days prior to the hearing required by this subsection.

AB981,88 Section 88. 969.035 (7) of the statutes is amended to read:

AB981,24,19 969.035 (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. 969.03 969.02.

AB981,89 Section 89. 969.035 (8) of the statutes is amended to read:

AB981,24,25 969.035 (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. 969.03 969.02.

AB981,90 Section 90. 969.035 (10) of the statutes is amended to read:

AB981,25,3 969.035 (10) The defendant may petition the court to be released from custody with or without conditions in accordance with s. 969.03 969.02 at any time.

AB981,91 Section 91. 969.04 of the statutes is repealed.

AB981,92 Section 92. 969.05 of the statutes is repealed.

AB981,93 Section 93. 969.065 of the statutes is repealed.

AB981,94 Section 94. 969.07 of the statutes is repealed.

AB981,95 Section 95. 969.08 (title) of the statutes is amended to read:

AB981,25,10 969.08 (title) Grant, reduction, increase or revocation of Amending conditions of release; revocation of release.

AB981,96 Section 96. 969.08 (1) of the statutes is amended to read:

AB981,26,2 969.08 (1) Upon petition by the state or the defendant, the court before which the action is pending may increase or reduce the amount of bail or may alter other conditions any condition of release or the bail bond or grant bail if it has been previously revoked. Except as provided in sub. (5), a defendant for whom conditions of release are imposed and who after 72 hours from the time of initial appearance before a judge continues to be detained in custody as a result of the defendant's inability to meet the conditions of release, upon application, is entitled to have the conditions reviewed by the judge of the court before whom the action against the defendant is pending. Unless the conditions of release are amended and the defendant is thereupon released, the judge shall set forth on the record the reasons for requiring the continuation of the conditions imposed. A defendant who is ordered released on a condition which requires that he or she return to custody after specified hours, upon application, is entitled to a review by the judge of the court before whom the action is pending. Unless the requirement is removed and the defendant thereupon released on another condition, the judge shall set forth on the record the reasons for continuing the requirement.

AB981,97 Section 97. 969.08 (2) of the statutes is amended to read:

AB981,26,8 969.08 (2) Violation of the conditions of release or the bail bond constitutes grounds for the court to increase the amount of bail or otherwise alter the conditions of release or, if the alleged violation is the commission of a serious crime, revoke release under this section. No court may increase an amount of monetary bail set before the effective date of this subsection .... [LRB inserts date].

AB981,98 Section 98. 969.08 (5) (b) 3. of the statutes is amended to read:

AB981,26,19 969.08 (5) (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.

AB981,99 Section 99. 969.08 (5) (b) 4. of the statutes is amended to read:

AB981,27,4 969.08 (5) (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.

AB981,100 Section 100. 969.08 (8) of the statutes is amended to read:

AB981,27,8 969.08 (8) 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) (b) 2. or s. 901.05.

AB981,101 Section 101. 969.08 (9m) of the statutes is amended to read:

AB981,27,12 969.08 (9m) A person who has had bail his or her release 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.

AB981,102 Section 102. 969.09 of the statutes is amended to read:

AB981,27,18 969.09 Conditions of bond release. (1) If a defendant is admitted to bail released before sentencing, the conditions of the bond release shall include, without limitation, the requirements that the defendant will appear in the court having jurisdiction on a day certain and thereafter as ordered until discharged on final order of the court and that the defendant will submit to the orders and process of the court.

AB981,27,24 (2) If the defendant is admitted to bail released upon appeal, the conditions of the bond release shall be that the defendant will duly prosecute the defendant's appeal, that the defendant will appear at such time and place as 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.

AB981,28,2 (3) A defendant shall receive a copy of the bond which the defendant executes pursuant to this chapter conditions of release set pursuant to this chapter.

AB981,103 Section 103. 969.10 of the statutes is amended to read:

AB981,28,7 969.10 Notice of change of address. A person who has been released on bail or other conditions under this chapter 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.

AB981,104 Section 104. 969.11 (1) of the statutes is amended to read:

AB981,28,15 969.11 (1) If the defendant is arrested in a county other than the county in which the offense was committed, he or she shall, without unreasonable delay, either be brought before a judge of the county in which arrested for the purpose of setting bail or other conditions of release or be returned to the county in which the offense was committed. 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.

AB981,105 Section 105. 969.11 (2) of the statutes is amended to read:

AB981,28,20 969.11 (2) If the defendant is released on bail or other conditions pursuant to sub. (1), the judge shall make a record of the proceedings and shall certify his or her minutes thereof and shall forward the bond and bail to the court before whom the defendant is bound to appear.

AB981,106 Section 106. 969.12 of the statutes is repealed.

AB981,107 Section 107. 969.13 of the statutes is repealed.

AB981,108 Section 108. 969.14 of the statutes is repealed.

AB981,109 Section 109. 970.02 (2) of the statutes is amended to read:

AB981,29,3 970.02 (2) The judge shall admit the defendant to bail release the defendant and set conditions of release or refuse to release the defendant in accordance with ch. 969.

AB981,110 Section 110. 970.03 (1) of the statutes is amended to read:

AB981,29,9 970.03 (1) A preliminary examination is a hearing before a court for the purpose of determining if there is probable cause to believe a felony has been committed by the defendant. A preliminary examination may be held in conjunction with a bail revocation hearing under s. 969.08 (5) (b), but separate findings shall be made by the judge relating to the preliminary examination and to the bail revocation.

AB981,111 Section 111. 970.03 (2) of the statutes is amended to read:

AB981,29,15 970.03 (2) The preliminary examination shall be commenced within 20 days after the initial appearance of the defendant if the defendant has been released from custody or within 10 days if the defendant is in custody and bail has been fixed in excess of $500. On stipulation of the parties or on motion and for cause, the court may extend such time.

AB981,112 Section 112. 971.14 (2) (am) of the statutes is amended to read:

AB981,30,3 971.14 (2) (am) Notwithstanding par. (a), if the court orders the defendant to be examined by the department or a department facility, the department shall determine where the examination will be conducted, who will conduct the examination and whether the examination will be conducted on an inpatient or outpatient basis. Any such outpatient examination shall be conducted in a jail or a locked unit of a facility. In any case under this paragraph in which the department determines that an inpatient examination is necessary, the 15-day period under par. (c) begins upon the arrival of the defendant at the inpatient facility. If an outpatient examination is begun by or through the department, and the department later determines that an inpatient examination is necessary, the sheriff shall transport the defendant to the inpatient facility designated by the department, unless the defendant has been released on bail.