LRB-5644/1
MLJ:amn
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.
AB838,1,3 1An Act to amend 969.02 (1), 969.02 (8) and 969.03 (1) (intro.); and to create
2969.02 (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:
AB838,1 4Section 1. 969.02 (1) of the statutes is amended to read:
AB838,2,3
1969.02 (1) A Except as provided in sub. (2g), a judge may release a defendant
2charged with a misdemeanor without bail or may permit the defendant to execute
3an unsecured appearance bond in an amount specified by the judge.
AB838,2 4Section 2. 969.02 (2g) of the statutes is created to read:
AB838,2,115 969.02 (2g) If a defendant has a previous conviction for a felony, as defined in
6s. 939.60, or a violent misdemeanor, as defined in s. 941.29 (1g) (b), a judge may
7release the defendant only if the judge requires the defendant to execute an
8appearance bond with sufficient solvent sureties, or requires the deposit of cash in
9lieu of sureties, in an amount not less than $10,000. If the judge requires a deposit
10of cash in lieu of sureties, the person making the cash deposit shall be given written
11notice of the requirements of sub. (6).
AB838,3 12Section 3. 969.02 (8) of the statutes is amended to read:
AB838,2,1413 969.02 (8) In Except as provided in sub. (2g), in all misdemeanors, bail shall
14not exceed the maximum fine provided for the offense.
AB838,4 15Section 4. 969.03 (1) (intro.) of the statutes is amended to read:
AB838,2,2016 969.03 (1) (intro.) A Except as provided in sub. (1g), a defendant charged with
17a felony may be released by the judge without bail or upon the execution of an
18unsecured appearance bond or the. The judge may in addition to requiring the
19execution of an appearance bond or in lieu thereof impose one or more of the following
20conditions which will assure appearance for trial:
AB838,5 21Section 5. 969.03 (1g) of the statutes is created to read:
AB838,3,222 969.03 (1g) If a defendant has a previous conviction for a felony, as defined in
23s. 939.60, or a violent misdemeanor, as defined in s. 941.29 (1g) (b), a judge may
24release the defendant under sub. (1) only if the judge requires the defendant to

1execute an appearance bond with sufficient solvent sureties, or requires the deposit
2of cash in lieu of sureties under sub. (1) (d), in an amount not less than $10,000.
AB838,6 3Section 6. Nonstatutory provisions.
AB838,3,94 (1) Legislative intent. The intent of the legislature is to follow the principles
5relating to bail enumerated in article I, section 8, of the Wisconsin Constitution. The
6legislature has found that a person with a history of violent crime has an increased
7flight risk, and therefore further finds that there is a reasonable basis to believe that
8a minimum amount of monetary bail is necessary to assure the appearance in court
9of a person who has previously been convicted of a felony or violent misdemeanor.
AB838,3,1010 (End)
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