2019 - 2020 LEGISLATURE
December 2, 2019 - Introduced by Representatives Crowley, Sortwell, Bowen,
Anderson, Sinicki, Zamarripa and Vining, cosponsored by Senators Johnson,
L. Taylor and Larson. Referred to Committee on Criminal Justice and Public
1An Act to repeal
946.49 (1) (a) and (b); to renumber and amend
946.49 (1) 2
(intro.); to amend
946.49 (2); and to create
946.49 (3) of the statutes;
3to: bail jumping and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, bail jumping means failure to comply with the terms of a
bond after being released from custody in a pending criminal matter. Bail jumping
for a defendant who has been released on bond after being charged with a crime is
a Class A misdemeanor if the offense with which the defendant is charged is a
misdemeanor and a Class H felony if the offense with which the defendant is charged
is a felony, and bail jumping for a witness for whom bail has been required is a Class
I felony. Under this bill, bail jumping means failure to appear as required or failure
to comply with a term of a bond that prohibits contact with another individual or
prohibits his or her presence in a specified location. Under the bill, any form of bail
jumping is a Class B misdemeanor, regardless of the underlying offense or whether
the person for whom bail is required is a defendant or a witness. In addition, under
this bill, a person may only be charged with bail jumping once per underlying charge
for which he or she has been released on bail.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
946.49 (1) (intro.) of the statutes is renumbered 946.49 (1) and 2
amended to read:
Whoever, having been released from custody under ch. 969, 4
intentionally fails to appear as required or
to comply with the terms a term
of his or 5
her bond that prohibits contact with another individual or prohibits his or her
6presence in a specified location
is: guilty of a Class B misdemeanor.
946.49 (1) (a) and (b) of the statutes are repealed.
946.49 (2) of the statutes is amended to read:
A witness for whom bail has been required under s. 969.01 (3) is 10
guilty of a Class I felony B misdemeanor
for failure to appear as provided.
946.49 (3) of the statutes is created to read:
A prosecutor may only charge a person for a violation under sub. (1) 13
once per underlying criminal charge for which he or she has been released on bond.