LRB-4095/1
CMH:amn
2017 - 2018 LEGISLATURE
November 8, 2017 - Introduced by Senators Vukmir, Craig, Nass and Wanggaard,
cosponsored by Representatives Hutton, Kooyenga, Allen, Brandtjen, E.
Brooks
, R. Brooks, Horlacher, Jacque, Loudenbeck, Rohrkaste,
Sanfelippo, Skowronski, Weatherston and Ott. Referred to Committee on
Judiciary and Public Safety.
SB522,1,3 1An Act to amend 969.035 (1), 969.08 (2), 969.08 (5) (a) 2., 969.08 (5) (a) 3., 969.08
2(5) (b) 3., 969.08 (5) (b) 5. and 969.08 (7) of the statutes; relating to: pretrial
3detention and denial and revocation of release.
Analysis by the Legislative Reference Bureau
Current law allows a court to deny pretrial release from custody to persons
accused of first-degree intentional homicide, first-degree sexual assault, and sexual
assault of a child or to persons accused of committing or attempting to commit a
violent crime if the person had been previously convicted of committing or
attempting to commit a violent crime. “Violent crime” is defined to include
first-degree and second-degree intentional and reckless homicide, felony murder,
aggravated battery, mayhem, first-degree sexual assault, and child abuse. This bill
expands the definition of “violent crime” for this purpose to include taking hostages,
kidnapping, arson, second-degree sexual assault, carjacking, robbery, abuse of
individuals at risk under circumstances that cause death, child abduction, homicide
by intoxicated use of a firearm or vehicle, strangulation and suffocation, and
aggravated burglary.
Under current law, a court may revoke the release of a person who has been
charged with a serious crime and released on bail if the person violates the conditions
of the release and the alleged violation is also a serious crime. Under this bill, the
court may revoke the release of the person if the alleged violation is any crime.

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:
SB522,1 1Section 1. 969.035 (1) of the statutes is amended to read:
SB522,2,62 969.035 (1) In this section, “violent crime" means any crime specified in s.
3940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19 (5),
4940.195 (5), 940.21, 940.225 (1) or (2), 940.23, 940.235, 940.285 (2) (b) 1g., 940.305,
5940.31,
941.327, 943.02, 943.10 (2), 943.23 (1g), 943.32, 943.87, 948.02 (1) or (2),
6948.025, 948.03, or 948.085, or 948.30 (2).
SB522,2 7Section 2. 969.08 (2) of the statutes is amended to read:
SB522,2,118 969.08 (2) Violation of the conditions of release or the bail bond constitutes
9grounds for the court to increase the amount of bail or otherwise alter the conditions
10of release or, if the alleged violation is the commission of a serious crime, revoke
11release under this section.
SB522,3 12Section 3. 969.08 (5) (a) 2. of the statutes is amended to read:
SB522,2,1413 969.08 (5) (a) 2. Alleges that the defendant has violated the conditions of
14release by having committed a serious crime; and
SB522,4 15Section 4. 969.08 (5) (a) 3. of the statutes is amended to read:
SB522,2,1716 969.08 (5) (a) 3. Provides a copy of the complaint charging the commission of
17the serious crime specified in subd. 2.
SB522,5 18Section 5. 969.08 (5) (b) 3. of the statutes is amended to read:
SB522,3,719 969.08 (5) (b) 3. Upon a finding by the court that the state has established by
20clear and convincing evidence that the defendant has committed a serious crime
21while on conditional release, the court may revoke the release of the defendant and

1hold the defendant for trial without setting conditions of release. No reference may
2be made during the trial of the offense to the court's finding in the hearing. No
3reference may be made in the trial to any testimony of the defendant at the hearing,
4except if the testimony is used for impeachment purposes. If the court does not find
5that the state has established by clear and convincing evidence that the defendant
6has committed a serious crime while on conditional release, the defendant shall be
7released on bail or other conditions deemed appropriate by the court.
SB522,6 8Section 6. 969.08 (5) (b) 5. of the statutes is amended to read:
SB522,3,139 969.08 (5) (b) 5. The defendant may petition the court for reinstatement of
10conditions of release if any of the circumstances authorizing the revocation of release
11is altered. The altered conditions include, but are not limited to, the facts that the
12original complaint is dismissed, or the defendant is found not guilty of that offense
13or the defendant is found guilty of a crime which is not a serious crime.
SB522,7 14Section 7. 969.08 (7) of the statutes is amended to read:
SB522,3,2015 969.08 (7) If a person is charged with the commission of a serious crime in a
16county other than the county in which the person was released on conditions, the
17district attorney and court may proceed under sub. (6) and certify the findings to the
18circuit court for the county in which the person was released on conditions. That
19circuit court shall make the release revocation decision based on the certified
20findings.
SB522,3,2121 (End)
Loading...
Loading...