Amendment SSA1-SB82

SB82-SSA1,542 Section 542. 968.53 of the statutes is renumbered 968.295 and amended to read:

SB82-SSA1,162,6 968.295 When testimony may be disclosed. Members of the grand jury and any grand jury reporter may be required by any court Notwithstanding any oath or affirmation required under s. 968.165 or 968.185 (2), any court may require grand jurors and grand jury reporters to testify whether the testimony of a witness examined before the jury is consistent with or different from the evidence given by the witness before the court; and they. Notwithstanding any oath or affirmation required under s. 968.165 or 968.185 (2), the court may also be required require grand jurors and grand jury reporters also to disclose the testimony given before the grand jury by any person upon a complaint against the person for perjury , or upon trial for the offense. Any If the court receives in evidence any transcript of testimony taken before the grand jury and certified by a , the grand jury reporter to have reporter's certification that the transcript has been carefully compared by the reporter with his or her minutes of testimony so taken and to be is a true and correct transcript of all or a specified portion of the transcript, may be received in evidence with shall have the same effect as the oral testimony of the reporter to the facts so certified, but the reporter may be cross-examined by any party as to the matter.

SB82-SSA1,543 Section 543. 968.585 (4m) of the statutes is created to read:

SB82-SSA1,162,9 968.585 (4m) Any evidence obtained by a strip search in violation of sub. (2) or (3) is not admissible as evidence at trial.

SB82-SSA1,544 Section 544. 968.585 (7) (cm) of the statutes is created to read:

SB82-SSA1,162,11 968.585 (7) (cm) The person is committed under ch. 980.

SB82-SSA1,545 Section 545. Subchapter VII (title) of chapter 968 [precedes 968.605] of the statutes is created to read:

SB82-SSA1,162,14 chapter 968

SB82-SSA1,162,16 subchapter VII seized property

SB82-SSA1,546 Section 546. Subchapter VIII (title) of chapter 968 [precedes 968.705] of the statutes is created to read:

SB82-SSA1,162,19 chapter 968

SB82-SSA1,162,21 subchapter VIII Miscellaneous

SB82-SSA1,547 Section 547. 968.705 (2), (3) and (6) of the statutes are created to read:

SB82-SSA1,162,24 968.705 (2) (a) The subpoena shall designate that the responsive documents be provided to one of the following:

SB82-SSA1,163,2 1. The law enforcement agency or law enforcement officer named in the subpoena.

SB82-SSA1,163,4 2. The attorney general, the district attorney, the assistant attorney general, or the assistant district attorney, whichever requested the subpoena.

SB82-SSA1,163,5 3. The court.

SB82-SSA1,163,13 (b) If the documents are not returnable to the court, the person who requested the documents shall, within 5 days of receiving the responsive documents, make a return of the subpoena to the issuing court in the form of a written notice to the court that compliance with the subpoena has occurred and including a brief description of the nature and quantity of the documents received under the subpoena. The person designated in the subpoena to receive the documents shall maintain the original documents received and shall produce the documents, or any portion of the documents, to the court upon the court's order.

SB82-SSA1,163,23 (3) A subpoena issued under sub. (1) shall be issued with all practicable secrecy and the request for the subpoena, any affidavit in support of the subpoena, any testimony in support of the request, and any other supporting documents may not be filed with the clerk or made public until the subpoena has been executed and returned to the court. The court that issued the subpoena may issue an order sealing the subpoena and the request for the subpoena, the affidavit in support of the subpoena, any testimony in support of the request, and any supporting documents upon which it is based. The court that issued the subpoena may issue an order prohibiting the person to which the subpoena is directed from disclosing the existence of the subpoena to any person other than the lawyer for the person.

SB82-SSA1,164,3 (6) Documents seized by or delivered to a law enforcement agency or officer under a subpoena under this section are considered seized property for the purposes of ss. 968.615 and 968.625.

SB82-SSA1,548 Section 548. 968.71 of the statutes is created to read:

SB82-SSA1,164,5 968.71 Disclosure of depositor status. (1) In this section:

SB82-SSA1,164,7 (a) "Depository account" includes any monetary interest that a person maintains at a financial institution.

SB82-SSA1,164,8 (b) "Financial institution" has the meaning given in s. 214.01 (1) (jn).

SB82-SSA1,164,15 (2) Upon the request of the district attorney and a showing that the information requested is relevant to a criminal investigation, the court shall issue an order requiring any financial institution to disclose to the district attorney whether the person named in the order has a depository account with the financial institution or whether the person had a depository account with the financial institution at a prior specified time. Any person who unlawfully violates such an order may be compelled to do so under ch. 785.

SB82-SSA1,549 Section 549. Chapter 969 (title) of the statutes is repealed and recreated to read:

SB82-SSA1,164,18 chapter 969

SB82-SSA1,164,20 securing a defendant's appearance; release

SB82-SSA1,550 Section 550. 969.001 (intro.) of the statutes is renumbered 969.30 (intro.) and amended to read:

SB82-SSA1,164,23 969.30 Definitions. (intro.) In this chapter subchapter:

SB82-SSA1,551 Section 551. 969.001 (1) of the statutes is renumbered 967.025 (1) and amended to read:

SB82-SSA1,165,1 967.025 (1) "Bail" means monetary conditions of release on bond.

SB82-SSA1,552 Section 552. 969.001 (2) of the statutes is repealed.

SB82-SSA1,553 Section 553. 969.01 (title) of the statutes is renumbered 969.31 (title).

SB82-SSA1,554 Section 554. 969.01 (1) of the statutes is renumbered 969.31 (1) and amended to read:

SB82-SSA1,165,15 969.31 (1) Before conviction. Before conviction, except Except as provided in ss. 969.035 and 971.14 s. 969.43 or 971.81 (1r), a defendant arrested for a criminal offense crime is eligible for release before conviction under reasonable conditions designed to assure ensure his or her appearance in court, protect members of the community from serious bodily harm, or prevent the intimidation of witnesses. Bail may be imposed at or after the initial appearance only upon a finding by the court that there is a reasonable basis to believe that bail is necessary to assure appearance in court. In determining whether any conditions of release are appropriate, the judge shall first consider the likelihood of the defendant appearing for trial if released on his or her own recognizance.

SB82-SSA1,555 Section 555. 969.01 (2) (title) of the statutes is repealed.

SB82-SSA1,556 Section 556. 969.01 (2) (a) of the statutes is renumbered 969.31 (2) and amended to read:

SB82-SSA1,165,24 969.31 (2) After conviction. Release pursuant to s. 969.02 or 969.03 may be allowed in the discretion of In its discretion the trial court may allow release on conditions after conviction and prior to sentencing or the granting of probation. This paragraph does not apply to a conviction for a 3rd or subsequent violation that is counted as a suspension, revocation, or conviction under s. 343.307, or under s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.

SB82-SSA1,557 Section 557. 969.01 (2) (b) and (c) of the statutes are consolidated, renumbered 974.09 (1) (a) and amended to read:

SB82-SSA1,166,6 974.09 (1) (a) In misdemeanors, release may be allowed upon appeal in the discretion of the trial court. (c) In and felonies, release may be allowed upon appeal in the discretion of the trial court pursuant to ss. 809.31, 969.32, 969.33, 969.37, 969.38, 969.39, 969.40, 969.41, and 969.42.

SB82-SSA1,558 Section 558. 969.01 (2) (d) of the statutes is renumbered 974.09 (1) (b) and amended to read:

SB82-SSA1,166,10 974.09 (1) (b) The supreme court or a justice thereof or the court of appeals or a judge thereof may allow release after conviction pending appeal.

SB82-SSA1,559 Section 559. 969.01 (2) (e) of the statutes is renumbered 974.09 (1) (c) and amended to read:

SB82-SSA1,166,15 974.09 (1) (c) Any court or judge or any justice authorized to grant release after conviction for a misdemeanor or felony may, in addition to the powers granted in s. 969.08 969.51, revoke the order releasing a defendant.

SB82-SSA1,560 Section 560. 969.01 (3) of the statutes is renumbered 969.52 and amended to read:

SB82-SSA1,167,7 969.52 Bail for witness Arrest of a witness and release on bond. If A judge may issue a warrant for the arrest of a person who is not in court, other than the defendant, if it appears by from an affidavit or examination under oath that there is probable cause to believe that the person's testimony of a person is material in any felony a criminal proceeding and that it may become impracticable to secure the person's presence by subpoena, the judge may require such person to give bail for. Upon return of the warrant, the court may set conditions of release to secure the person's appearance as a witness. If the witness is not in court, a warrant for the person's arrest may be issued and upon return thereof the court may require the person to give bail as provided in s. 969.03 for the person's appearance as a witness. If the person fails to give bail, the person may be committed satisfy the conditions of release, the court may commit the person to the custody of the sheriff for a period not to exceed 15 days, within which time the person's deposition shall be taken as provided in, upon notice to the parties under s. 967.04 967.21. After the deposition has been subscribed, the court shall discharge the witness.

SB82-SSA1,561 Section 561. 969.01 (4) of the statutes is renumbered 969.33 (1) (intro.) and amended to read:

SB82-SSA1,167,18 969.33 (1) Considerations in setting conditions of release. (intro.) If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in In determining whether to release the defendant without bail, monetary conditions, in fixing monetary conditions in a reasonable amount of bail or, or in imposing other reasonable conditions of release are: the, the court, judge, or justice may consider, without limitation, any of the following:

SB82-SSA1,167,19 (a) The ability of the arrested person to give bail, the.

SB82-SSA1,167,21 (b) The nature, number, and gravity of the alleged offenses and the potential penalty the defendant faces, whether.

SB82-SSA1,167,22 (c) Whether the alleged acts were violent in nature , the.

SB82-SSA1,167,24 (d) The defendant's prior criminal record of criminal convictions and delinquency adjudications, if any, the.

SB82-SSA1,167,25 (e) The character, health, residence, and reputation of the defendant, the.

SB82-SSA1,168,2 (f) The character and strength of the evidence which has been presented to the judge, whether.

SB82-SSA1,168,4 (g) Whether the defendant is currently on probation, extended supervision or parole, whether.

SB82-SSA1,168,6 (h) Whether the defendant is already on bail or subject to other release conditions in other pending cases, whether.

SB82-SSA1,168,8 (i) Whether the defendant has been bound over for trial after a preliminary examination, whether.

SB82-SSA1,168,10 (j) Whether the defendant has in the past forfeited bail bond or violated a condition of release or was a fugitive from justice at the time of arrest, and the.

SB82-SSA1,168,12 (k) The policy against unnecessary detention of the defendant's a defendant pending trial.

SB82-SSA1,562 Section 562. 969.02 (title), (1), (2), (3) (a), (b), (c) and (d), (4), (4m), (5), (7), (7m) and (8) of the statutes are repealed.

SB82-SSA1,563 Section 563. 969.02 (2m) of the statutes is renumbered 969.33 (8) and amended to read:

SB82-SSA1,168,20 969.33 (8) Credit cards accepted. The If the court imposes monetary conditions of release under this section, the clerk of circuit court may accept, instead of cash, a credit card or debit card, as defined in s. 59.40 (5) (a) and 1. and 2., instead of cash under sub. (2).

SB82-SSA1,564 Section 564. 969.02 (3) (e) of the statutes is renumbered 969.33 (5) (g) and amended to read:

SB82-SSA1,169,3 969.33 (5) (g) If the person defendant is charged with violating a restraining order or injunction issued under s. 813.12 or 813.125, may require the person requiring the defendant to participate in mental health treatment, a batterer's intervention program, or individual counseling. The judge court shall consider a request by the district attorney or the petitioner, as defined in s. 301.49 (1) (c), in determining whether to issue an order under this paragraph.

SB82-SSA1,565 Section 565. 969.02 (6) of the statutes is renumbered 969.38 (1) (a) and amended to read:

SB82-SSA1,169,13 969.38 (1) (a) When a the court enters a judgment of conviction is entered in a prosecution for a fine or costs or both in a case in which a cash deposit had been made in accordance with sub. (2), on a secured appearance bond, the court shall apply the balance of such the deposit, after deduction of deducting the bond costs, shall be applied first to the payment of any restitution ordered under s. 973.20 and then, if ordered restitution is satisfied in full, to the payment of the judgment. The court shall then return any remaining balance of the deposit to the person who made the deposit.

SB82-SSA1,566 Section 566. 969.02 (7m) of the statutes is amended to read:

SB82-SSA1,169,16 969.02 (7m) The restrictions on the application of cash deposits under subs. (6) and (7) do not apply if bail is forfeited under s. 969.13 969.42.

SB82-SSA1,567 Section 567. 969.03 of the statutes is repealed.

SB82-SSA1,568 Section 568. 969.035 of the statutes is renumbered 969.43, and 969.43 (4), (5), (7), (8) and (10), as renumbered, are amended to read:

SB82-SSA1,170,2 969.43 (4) If the court determines that the district attorney has complied with sub. (3), the court may order that the detention of a person who is currently in custody be continued or may issue a warrant commanding any law enforcement officer to bring the defendant without unnecessary delay before the court. When the defendant is brought before the court, he or she shall be given a copy of the documents specified in sub. (3) and informed of his or her rights under this section and s. 970.02 (1) and (6) 971.028.

SB82-SSA1,170,12 (5) A pretrial detention hearing is a hearing before a court for the purpose of determining if the continued detention of the defendant is justified. A pretrial detention hearing may be held in conjunction with a preliminary examination under s. 970.03 971.042 or a conditional release revocation hearing under s. 969.08 (5) (b) 969.51 (1), but separate findings shall be made by the court relating to the pretrial detention, preliminary examination, and conditional release revocation. The pretrial detention hearing shall be commenced within 10 days from the date the defendant is detained or brought before the court under sub. (4). The defendant may not be denied release from custody in accordance with s. 969.03 for more than 10 days prior to the hearing required by this subsection.

SB82-SSA1,170,15 (7) If the court does not make the findings under sub. (6) (a) and (b) and the defendant is otherwise eligible, the defendant shall be released from custody with or without conditions in accordance with s. 969.03 ss. 969.31 to 969.33.

SB82-SSA1,170,20 (8) If the court makes the findings under sub. (6) (a) and (b), the court may deny bail to the defendant for an additional period not to exceed 60 days following the hearing. If the time period passes and the defendant is otherwise eligible, he or she shall be released from custody with or without conditions in accordance with s. s. 969.03 ss. 969.31 to 969.33.

SB82-SSA1,170,22 (10) The defendant may petition the court to be released from custody with or without conditions in accordance with s. 969.03 ss. 969.31 to 969.33 at any time.

SB82-SSA1,569 Section 569. 969.04 of the statutes is renumbered 969.40 and amended to read:

SB82-SSA1,171,4 969.40 Surety may satisfy default. Any If a defendant fails to comply with the conditions of his or her bond, any surety may, after default, pay to the clerk of the court the amount for which the surety was bound, or such lesser sum as the court, after notice and hearing, may direct, and thereupon be discharged.

SB82-SSA1,570 Section 570. 969.05 of the statutes is repealed.

SB82-SSA1,571 Section 571. 969.065 of the statutes is renumbered 969.34 and amended to read:

SB82-SSA1,171,12 969.34 Judicial conference; bail alternatives Bail schedule. The judicial conference shall develop guidelines, which the supreme court shall adopt by rule, for cash bail for releasing on bond persons accused of misdemeanors which the supreme court shall adopt by rule. The guidelines shall relate primarily to individuals. The guidelines and may be revised from time to time under this section.

SB82-SSA1,572 Section 572. 969.07 of the statutes is renumbered 969.36 and amended to read:

SB82-SSA1,172,7 969.36 Taking of bail cash deposit by law enforcement officer. When bail has monetary conditions of release have been set before the initial appearance for a particular defendant, any law enforcement officer may take bail in accordance with s. 969.02 a cash deposit and release the defendant to appear at a specified time and place in accordance with the conditions of the appearance stated in the bond. Bail shall not be required of a defendant who has been cited for commission of a misdemeanor in accordance with s. 968.085. The law enforcement officer shall give a receipt to the defendant for the bail so taken deposit and within a reasonable time deposit the bail it with the clerk of the court before whom where the defendant is to appear. Bail taken by a law enforcement officer may be taken A law enforcement officer may take a cash deposit only at a sheriff's office or police station. The receipts shall be numbered serially and shall be in triplicate, one copy for the defendant, one copy to be filed with the clerk and one copy to be filed with the police or sheriff's department which takes the bail. This section does not require the release of a defendant from custody when an officer is of the opinion that the defendant is not in a fit condition to care for his or her own safety or would constitute, because of his or her physical condition, a danger to the safety of others. If a defendant is not released under this section, s. 970.01 971.015 (1) shall apply.

SB82-SSA1,573 Section 573. 969.08 (title) of the statutes is renumbered 969.51 (title) and amended to read:

SB82-SSA1,172,11 969.51 (title) Grant, reduction, increase or revocation Revocations of conditions of defendant's release.

SB82-SSA1,574 Section 574. 969.08 (1), (2), (3) and (4) of the statutes are repealed.

SB82-SSA1,575 Section 575. 969.08 (5) (a) of the statutes is renumbered 969.51 (1) (a).

SB82-SSA1,576 Section 576. 969.08 (5) (b) 1. of the statutes is renumbered 969.51 (1) (b) 1. and amended to read:

SB82-SSA1,173,4 969.51 (1) (b) 1. If the court determines that the state has complied with par. (a), the court may issue a warrant commanding any law enforcement officer to bring the defendant without unnecessary delay before the court. When the defendant is brought before the court, he or she shall be given a copy of the documents specified in par. (a) and informed of his or her rights under s. 970.02 (1) and (6) 971.028. The court may hold the defendant in custody and suspend the previously imposed conditions of release pending a hearing on the alleged breach. The hearing under this paragraph and the preliminary examination under s. 970.03 971.042, if required, shall be a combined hearing, with the court making the separate findings required under this paragraph and s. 970.03 971.042 at the conclusion of the combined hearing. The hearing shall be commenced within 7 days from the date the defendant is taken into custody. The defendant may not be held without setting conditions of release for more than 7 days unless a hearing is held and the findings required by this paragraph are established.