Amendment SSA1-SB82

SB82-SSA1,594 Section 594. Subchapter I (title) of chapter 969 [precedes 969.15] of the statutes is created to read:

SB82-SSA1,176,14 chapter 969

SB82-SSA1,176,16 subchapter i arrests, summonses, and citations

SB82-SSA1,595 Section 595. 969.15 of the statutes is created to read:

SB82-SSA1,176,20 969.15 Securing the defendant's initial appearance. The initial appearance of a person charged with a crime may be secured in any of the following ways:

SB82-SSA1,176,21 (1) By the person's voluntary appearance.

SB82-SSA1,176,22 (2) By the person's appearance in response to a citation.

SB82-SSA1,176,23 (3) By the person's appearance in response to a summons.

SB82-SSA1,176,24 (4) By the person's arrest, with or without a warrant.

SB82-SSA1,177,2 (5) By the person's appearance in response to a condition of release from custody.

SB82-SSA1,177,4 (6) By the person's appearance in response to a judicial order to produce a person already in custody.

SB82-SSA1,596 Section 596. 969.19 of the statutes is created to read:

SB82-SSA1,177,15 969.19 Probable cause determination for warrantless arrests. For any person who is arrested without a warrant and not sooner released from custody, within 48 hours after the arrest a judge shall determine whether there was probable cause to arrest the person. After 48 hours, including weekends and holidays, have elapsed from the arrest of the person with no judicial determination of probable cause the person shall be released under s. 969.32 (1) unless the delay is excused by the existence of a bona fide emergency or other extraordinary circumstance. The time limit under this section does not apply to persons in custody as a result of a probation, extended supervision, or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10 (2).

Judicial Council Committee Note, 2015: The intent of this section is to codify the holding in County of Riverside v. McLaughlin, 500 U.S. 44 (1991).

SB82-SSA1,597 Section 597. 969.20 (2) of the statutes is created to read:

SB82-SSA1,177,22 969.20 (2) Warrant without a criminal complaint. Upon the request of the district attorney and subject to sub. (8), a judge may issue an arrest warrant without a criminal complaint if the judge determines, based on an affidavit filed with the court or an examination under oath of a person, that there is probable cause to believe that an offense has been committed and that the person named in the warrant has committed it.

SB82-SSA1,598 Section 598. 969.20 (6) of the statutes is created to read:

SB82-SSA1,178,2 969.20 (6) Conditions of release on warrant. A judge issuing a warrant may specify conditions of release.

SB82-SSA1,599 Section 599. 969.20 (7) (title) of the statutes is created to read:

SB82-SSA1,178,4 969.20 (7) (title) Summons in lieu of warrant.

SB82-SSA1,600 Section 600. 969.21 (title) of the statutes is created to read:

SB82-SSA1,178,6 969.21 (title) Arrest warrants.

SB82-SSA1,601 Section 601. 969.24 (2m) of the statutes is created to read:

SB82-SSA1,178,10 969.24 (2m) Release after citation. A law enforcement officer citing a person for a misdemeanor shall release the person without a cash bond unless any of the following apply:

SB82-SSA1,178,11 (a) The accused has not given proper identification.

SB82-SSA1,178,12 (b) The accused is not willing to sign the citation.

SB82-SSA1,178,14 (c) The accused appears to represent a danger of harm to himself or herself, another person or property.

SB82-SSA1,178,15 (d) The accused cannot show sufficient evidence of ties to the community.

SB82-SSA1,178,17 (e) The accused has previously failed to appear in response to a citation, subpoena, summons, or order of the court.

SB82-SSA1,178,19 (f) Arrest or further detention appears necessary to carry out legitimate investigative action in accordance with law enforcement agency policies.

SB82-SSA1,602 Section 602. 969.26 (title) of the statutes is created to read:

SB82-SSA1,178,21 969.26 (title) Forms.

SB82-SSA1,603 Section 603. 969.26 (3) of the statutes is created to read:

SB82-SSA1,178,23 969.26 (3) Citation. A citation shall be in substantially the following form:

SB82-SSA1,178,24 MISDEMEANOR CITATION

SB82-SSA1,969 Section 969.26 Wis. Stats.

SB82-SSA1,179,1 Deposit Permitted: $ ....

SB82-SSA1,179,2 Circuit Court for .... County

SB82-SSA1,179,9 The undersigned complains for and on behalf of the State of Wisconsin upon information and belief that on or about .... (day), .... (date of violation), at .... (time); in .... County, town/ village/ city of ....; .... (defendant's name); .... (date of birth), .... (sex), .... (street address, city, state, zip code), .... (race), .... (eye color), .... (hair color), .... (weight), .... (height); did the following .... (state facts of violation) in violation of section(s) .... of the .... (year) Wisconsin Statutes and requests that the defendant may be held to answer for the violation.

SB82-SSA1,179,10 Dated ...., .... (year)

SB82-SSA1,179,11 .... (Signature of officer)

SB82-SSA1,179,12 Signed by .... (Name), .... (Dept./Agency)

SB82-SSA1,179,13 .... (Title), .... (Badge Number)

SB82-SSA1,179,14 You are hereby notified to appear in the

SB82-SSA1,179,15 ( ) Circuit Court named above

SB82-SSA1,179,16 ( ) District Attorney's Office

SB82-SSA1,179,17 located at .... (street address, city)

SB82-SSA1,179,18 on .... (date), at .... (time).

SB82-SSA1,180,2 The maximum penalty for this violation is: ( ) Fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both (Class A Misdemeanor). ( ) Fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both (Class B Misdemeanor). ( ) Fine not to exceed $500 or imprisonment not to exceed 30 days, or both (Class C Misdemeanor). ( ) Other

SB82-SSA1,180,3 PROMISE TO APPEAR

SB82-SSA1,180,5 I have received a copy of this citation. I promise to appear in court at the time and place specified. Signing this citation is not an admission of guilt.

SB82-SSA1,180,6 .... (Defendant's signature)

SB82-SSA1,180,7 .... (Defendant's address)

SB82-SSA1,180,8 .... (Defendant's phone number)

SB82-SSA1,180,9 ENDORSEMENT BY DISTRICT ATTORNEY

SB82-SSA1,180,11 I have reviewed this citation and approve its use as a criminal complaint under s. 969.24 (5).

SB82-SSA1,180,12 Dated ...., .... (year)

SB82-SSA1,180,13 .... (District Attorney's signature)

SB82-SSA1,180,14 .... (Title)

SB82-SSA1,604 Section 604. Subchapter II (title) of chapter 969 [precedes 969.30] of the statutes is created to read:

SB82-SSA1,180,17 chapter 969

SB82-SSA1,180,19 subchapter Ii court-ordered release

SB82-SSA1,605 Section 605. 969.30 (3) to (7) of the statutes are created to read:

SB82-SSA1,180,22 969.30 (3) "Personal recognizance bond" means a bond without monetary conditions of release.

SB82-SSA1,180,25 (4) "Secured appearance bond" means a bond with monetary conditions of release that require the depositing of cash or the pledging of property as security. The court may order that the bond be secured by the defendant or by a surety.

SB82-SSA1,181,5 (5) "Serious bodily harm" means bodily injury that causes or contributes to the death of a human being; bodily injury that creates a substantial risk of death; bodily injury that causes serious permanent disfigurement; bodily injury that causes a permanent or protracted loss or impairment of the function of any bodily member or organ; or other serious bodily injury.

SB82-SSA1,181,8 (6) "Surety" means a person who guarantees payment of the amount specified in a monetary condition of release if the defendant does not appear in court as required.

SB82-SSA1,181,11 (7) "Unsecured appearance bond" means a bond with monetary conditions of release that do not require the depositing of cash or the pledging of property as security.

SB82-SSA1,606 Section 606. 969.31 (3) of the statutes is created to read:

SB82-SSA1,181,15 969.31 (3) After sentencing. After sentencing and before service of the sentence begins, the trial court may continue the conditions of release or impose new conditions of release.

SB82-SSA1,607 Section 607. 969.31 (4) of the statutes is created to read:

SB82-SSA1,181,18 969.31 (4) Pending appeal. Release after sentencing, pending appeal, is governed by ss. 809.31 and 974.08.

SB82-SSA1,608 Section 608. 969.32 of the statutes is created to read:

SB82-SSA1,181,21 969.32 Types of release. In any case where release is allowed, the court shall do one of the following:

SB82-SSA1,181,22 (1) Release the defendant to return on a date certain, without conditions.

SB82-SSA1,181,23 (2) Release the defendant on a personal recognizance bond.

SB82-SSA1,181,24 (3) Release the defendant on an unsecured appearance bond.

SB82-SSA1,181,25 (4) Release the defendant on a secured appearance bond.

SB82-SSA1,609 Section 609. 969.33 (title) of the statutes is created to read:

SB82-SSA1,182,2 969.33 (title) Conditions of release.

SB82-SSA1,610 Section 610. 969.33 (1) (L) of the statutes is created to read:

SB82-SSA1,182,4 969.33 (1) (L) The results of a validated risk assessment.

SB82-SSA1,611 Section 611. 969.33 (2) of the statutes is created to read:

SB82-SSA1,182,9 969.33 (2) Rules of evidence do not apply. Information stated in or offered in connection with any order entered under this chapter setting conditions of release need not conform to the rules of evidence, except as provided under s. 901.05 or 969.51.

SB82-SSA1,612 Section 612. 969.33 (3) of the statutes is created to read:

SB82-SSA1,182,15 969.33 (3) Monetary conditions. The court may impose monetary conditions of release only if it finds that there is a reasonable basis to believe that they are necessary to ensure the defendant's appearance in court. In a misdemeanor case the amount of money specified in a monetary condition of release may not exceed the maximum fine provided for the crime charged.

SB82-SSA1,613 Section 613. 969.33 (4) of the statutes is created to read:

SB82-SSA1,182,18 969.33 (4) Mandatory conditions. The following conditions shall be imposed as terms of any bond under s. 969.32 (2) to (4) and shall be printed on the bond:

SB82-SSA1,182,21 (a) The defendant shall appear in the court having jurisdiction on a day certain and thereafter as ordered until discharged on final order of the court and shall submit to the orders and process of the court.