2021 - 2022 LEGISLATURE
January 7, 2022 - Introduced by Representatives Wichgers, Knodl, Sanfelippo,
Allen, Behnke, Brandtjen, Gundrum, Kuglitsch, Murphy and Skowronski,
cosponsored by Senators Bradley, Nass, Jacque, Kooyenga, Stroebel and
Testin. Referred to Committee on Judiciary.
1An Act to amend
969.02 (1), 969.02 (8) and 969.03 (1) (intro.); and to create
969.02 (2g) and 969.03 (1g) of the statutes; relating to: bail for criminal
3defendants who have a previous conviction for a felony or violent misdemeanor.
Analysis by the Legislative Reference Bureau
Under current law, a judge may release a person charged with a crime without
bail, or may release the defendant only if he or she executes an unsecured appearance
bond, or may require a defendant to execute a secured bond to be released. Under
this bill, a judge may not release a defendant without bail or on an unsecured bond
if the defendant has a previous conviction for a felony or a violent misdemeanor. Such
a defendant may be released only if he or she executes a secured bond or deposits cash
in lieu of a bond in an amount of at least $10,000.
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:
969.02 (1) of the statutes is amended to read:
969.02 (1) A Except as provided in sub. (2g), a
judge may release a defendant 2
charged with a misdemeanor without bail or may permit the defendant to execute 3
an unsecured appearance bond in an amount specified by the judge.
969.02 (2g) of the statutes is created to read:
If a defendant has a previous conviction for a felony, as defined in 6
s. 939.60, or a violent misdemeanor, as defined in s. 941.29 (1g) (b), a judge may 7
release the defendant only if the judge requires the defendant to execute an 8
appearance bond with sufficient solvent sureties, or requires the deposit of cash in 9
lieu of sureties, in an amount not less than $10,000. If the judge requires a deposit 10
of cash in lieu of sureties, the person making the cash deposit shall be given written 11
notice of the requirements of sub. (6).
969.02 (8) of the statutes is amended to read:
969.02 (8) In Except as provided in sub. (2g), in
all misdemeanors, bail shall 14
not exceed the maximum fine provided for the offense.
969.03 (1) (intro.) of the statutes is amended to read:
(intro.) A Except as provided in sub. (1g), a
defendant charged with 17
a felony may be released by the judge without bail or upon the execution of an 18
unsecured appearance bond or the. The
judge may in addition to requiring the 19
execution of an appearance bond or in lieu thereof impose one or more of the following 20
conditions which will assure appearance for trial:
969.03 (1g) of the statutes is created to read:
If a defendant has a previous conviction for a felony, as defined in 23
s. 939.60, or a violent misdemeanor, as defined in s. 941.29 (1g) (b), a judge may 24
release the defendant under sub. (1) only if the judge requires the defendant to
execute an appearance bond with sufficient solvent sureties, or requires the deposit 2
of cash in lieu of sureties under sub. (1) (d), in an amount not less than $10,000.
(1) Legislative intent.
The intent of the legislature is to follow the principles 5
relating to bail enumerated in article I, section 8, of the Wisconsin Constitution. The 6
legislature has found that a person with a history of violent crime has an increased 7
flight risk, and therefore further finds that there is a reasonable basis to believe that 8
a minimum amount of monetary bail is necessary to assure the appearance in court 9
of a person who has previously been convicted of a felony or violent misdemeanor.