LRB-5007/1
MPG:kjf
2017 - 2018 LEGISLATURE
January 8, 2018 - Introduced by Representatives Duchow, Hutton, Born, E.
Brooks
, R. Brooks, Horlacher, Jacque, Kerkman, Kitchens, Kuglitsch,
Macco, Mursau, Neylon, Novak, Quinn, Rodriguez, Rohrkaste, Sanfelippo,
Skowronski, Spiros, Thiesfeldt, Tittl, Vorpagel, Weatherston and
Kooyenga, cosponsored by Senator Wanggaard. Referred to Committee on
Constitution and Ethics.
AJR93,1,4 1To amend section 6 of article I, section 8 (2) of article I and section 8 (3) of article I
2of the constitution; relating to: eligibility and conditions for release prior to
3conviction of persons accused of certain crimes and considerations for imposing
4bail (first consideration).
Analysis by the Legislative Reference Bureau
Under the Wisconsin Constitution, all of the following apply:
1. A person accused of a crime is eligible for release before conviction under
reasonable conditions designed to assure the appearance of the accused in court,
protect members of the community from serious bodily harm, or prevent the
intimidation of witnesses.
2. The legislature is authorized to provide by law that a court may deny release
to a person accused of certain serious felonies for specified periods of time only if the
court finds based on clear and convincing evidence that the accused committed the
felony and that available conditions of release will not adequately protect members
of the community from serious bodily harm or prevent the intimidation of witnesses.
3. Monetary bail may be imposed only upon a finding that there is a reasonable
basis to believe that it is necessary to assure the appearance of the accused in court.
This constitutional amendment, proposed to the 2017 legislature on first
consideration, does all of the following:
1. Provides that the accused is eligible for release before conviction under
reasonable conditions designed to protect members of the community from serious
harm, not just serious bodily harm, in addition to the other conditions specified
above.

2. Authorizes the legislature to provide by law that a court may deny release
to a person accused of certain serious felonies if the court finds that available
conditions of release will not adequately protect members of the community from
serious harm, not just serious bodily harm, in addition to the other findings specified
above.
3. Eliminates the requirement that monetary bail may be imposed only upon
a finding that there is a reasonable basis to believe that it is necessary to assure the
appearance of the accused in court. Instead, the constitutional amendment requires
that a court, in fixing the amount of bail, must consider the seriousness of the offense
charged, the previous criminal record of the accused, the probability that the accused
will appear in court, and the need to protect members of the community from serious
harm or prevent the intimidation of witnesses.
A constitutional amendment requires adoption by two successive legislatures,
and ratification by the people, before it can become effective.
AJR93,2,1 1Resolved by the assembly, the senate concurring, That:
AJR93,1 2Section 1. Section 6 of article I of the constitution is amended to read:
AJR93,2,83 [Article I] Section 6. Excessive bail shall not be required, nor shall excessive
4fines be imposed, nor cruel and unusual punishments inflicted. In fixing an amount
5of bail, the court shall take into consideration the seriousness of the offense charged,
6the previous criminal record of the accused, the probability that the accused will
7appear in court, and the need to protect members of the community from serious
8harm or prevent the intimidation of witnesses.
AJR93,2 9Section 2. Section 8 (2) of article I of the constitution is amended to read:
AJR93,3,210 [Article I] Section 8 (2) All persons, before conviction, shall be eligible for
11release under reasonable conditions designed to assure their appearance in court,
12protect members of the community from serious bodily harm or prevent the
13intimidation of witnesses. Monetary conditions of release may be imposed at or after
14the initial appearance only upon a finding that there is a reasonable basis to believe
15that the conditions are necessary to assure appearance in court
. The legislature may

1authorize, by law, courts to revoke a person's release for a violation of a condition of
2release.
AJR93,3 3Section 3. Section 8 (3) of article I of the constitution is amended to read:
AJR93,3,234 [Article I] Section 8 (3) The legislature may by law authorize, but may not
5require, circuit courts to deny release for a period not to exceed 10 days prior to the
6hearing required under this subsection to a person who is accused of committing a
7murder punishable by life imprisonment or a sexual assault punishable by a
8maximum imprisonment of 20 years, or who is accused of committing or attempting
9to commit a felony involving serious bodily harm to another or the threat of serious
10bodily harm to another and who has a previous conviction for committing or
11attempting to commit a felony involving serious bodily harm to another or the threat
12of serious bodily harm to another. The legislature may authorize by law, but may not
13require, circuit courts to continue to deny release to those accused persons for an
14additional period not to exceed 60 days following the hearing required under this
15subsection, if there is a requirement that there be a finding by the court based on
16clear and convincing evidence presented at a hearing that the accused committed the
17felony and a requirement that there be a finding by the court that available
18conditions of release will not adequately protect members of the community from
19serious bodily harm or prevent intimidation of witnesses. Any law enacted under
20this subsection shall be specific, limited and reasonable. In determining the 10-day
21and 60-day periods, the court shall omit any period of time found by the court to
22result from a delay caused by the defendant or a continuance granted which was
23initiated by the defendant.
AJR93,4,3
1Be it further resolved, That this proposed amendment be referred to the
2legislature to be chosen at the next general election and that it be published for three
3months previous to the time of holding such election.
AJR93,4,44 (End)
Loading...
Loading...