SB82-SSA1,181,8 6(6) "Surety" means a person who guarantees payment of the amount specified
7in a monetary condition of release if the defendant does not appear in court as
8required.
SB82-SSA1,181,11 9(7) "Unsecured appearance bond" means a bond with monetary conditions of
10release that do not require the depositing of cash or the pledging of property as
11security.
SB82-SSA1,606 12Section 606. 969.31 (3) of the statutes is created to read:
SB82-SSA1,181,1513 969.31 (3) After sentencing. After sentencing and before service of the
14sentence begins, the trial court may continue the conditions of release or impose new
15conditions of release.
SB82-SSA1,607 16Section 607. 969.31 (4) of the statutes is created to read:
SB82-SSA1,181,1817 969.31 (4) Pending appeal. Release after sentencing, pending appeal, is
18governed by ss. 809.31 and 974.08.
SB82-SSA1,608 19Section 608. 969.32 of the statutes is created to read:
SB82-SSA1,181,21 20969.32 Types of release. In any case where release is allowed, the court shall
21do one of the following:
SB82-SSA1,181,22 22(1) Release the defendant to return on a date certain, without conditions.
SB82-SSA1,181,23 23(2) Release the defendant on a personal recognizance bond.
SB82-SSA1,181,24 24(3) Release the defendant on an unsecured appearance bond.
SB82-SSA1,181,25 25(4) Release the defendant on a secured appearance bond.
SB82-SSA1,609
1Section 609. 969.33 (title) of the statutes is created to read:
SB82-SSA1,182,2 2969.33 (title) Conditions of release.
SB82-SSA1,610 3Section 610. 969.33 (1) (L) of the statutes is created to read:
SB82-SSA1,182,44 969.33 (1) (L) The results of a validated risk assessment.
SB82-SSA1,611 5Section 611. 969.33 (2) of the statutes is created to read:
SB82-SSA1,182,96 969.33 (2) Rules of evidence do not apply. Information stated in or offered in
7connection with any order entered under this chapter setting conditions of release
8need not conform to the rules of evidence, except as provided under s. 901.05 or
9969.51.
SB82-SSA1,612 10Section 612. 969.33 (3) of the statutes is created to read:
SB82-SSA1,182,1511 969.33 (3) Monetary conditions. The court may impose monetary conditions
12of release only if it finds that there is a reasonable basis to believe that they are
13necessary to ensure the defendant's appearance in court. In a misdemeanor case the
14amount of money specified in a monetary condition of release may not exceed the
15maximum fine provided for the crime charged.
SB82-SSA1,613 16Section 613. 969.33 (4) of the statutes is created to read:
SB82-SSA1,182,1817 969.33 (4) Mandatory conditions. The following conditions shall be imposed
18as terms of any bond under s. 969.32 (2) to (4) and shall be printed on the bond:
SB82-SSA1,182,2119 (a) The defendant shall appear in the court having jurisdiction on a day certain
20and thereafter as ordered until discharged on final order of the court and shall
21submit to the orders and process of the court.
SB82-SSA1,182,2322 (b) The defendant shall give written notice to the clerk of any change in his or
23her address within 48 hours after the change.
SB82-SSA1,182,2424 (c) The defendant may not commit any crime.
SB82-SSA1,183,2
1(d) The defendant shall not violate, cause any person to violate, or permit any
2person to violate on the defendant's behalf ss. 940.22 to 940.45.
SB82-SSA1,614 3Section 614. 969.33 (5) to (7) of the statutes are created to read:
SB82-SSA1,183,64 969.33 (5) Other conditions. Whenever a defendant is released on bond under
5s. 969.32 (2) to (4), the court may impose reasonable conditions other than those
6required under sub. (4), including conditions doing any of the following:
SB82-SSA1,183,87 (a) Prohibiting the defendant from contacting, directly or indirectly, specified
8persons or going to specified places.
SB82-SSA1,183,99 (b) Prohibiting the defendant from possessing any dangerous weapon.
SB82-SSA1,183,1010 (c) Prohibiting the defendant from consuming alcohol beverages.
SB82-SSA1,183,1111 (d) Restricting the travel, association, or place of residence of the defendant.
SB82-SSA1,183,1312 (e) Requiring that the defendant return to custody after specified hours. The
13charges authorized by s. 303.08 (4) and (5) do not apply under this paragraph.
SB82-SSA1,183,1514 (f) Placing the defendant under the supervision of a designated person or
15organization agreeing to supervise the defendant.
SB82-SSA1,183,17 16(6) Copy of bond to defendant. The court shall provide the defendant a copy
17of his or her bond.
SB82-SSA1,183,21 18(7) Modifying conditions of release. Upon motion by the state or the
19defendant, the court before which the action is pending may, following a hearing,
20modify conditions of release or grant release if it has been previously revoked under
21s. 969.51. Reasonable notice of the hearing shall be given to all parties.
SB82-SSA1,615 22Section 615. 969.37 of the statutes is created to read:
SB82-SSA1,184,4 23969.37 Return of cash deposit to a 3rd party. A person other than the
24defendant who has deposited cash to obtain the release of the defendant on a secured
25appearance bond, may, prior to the entry of a judgment of conviction or a judgment

1of forfeiture under s. 969.42, apply to the court for an order returning the deposit.
2After notice to the parties, the court shall hold a hearing at which the defendant must
3be present. The court shall determine whether to remit the cash deposit in whole or
4in part and may review and modify the conditions of release.
SB82-SSA1,616 5Section 616. 969.38 of the statutes is created to read:
SB82-SSA1,184,6 6969.38 Disposition of cash deposits. (1) Deposit applied to fine or costs.
SB82-SSA1,184,87 (b) All secured appearance bonds shall include notice of the requirements of
8par. (a).
SB82-SSA1,184,12 9(2) Return of deposit. If the complaint against the defendant is dismissed or
10the defendant is acquitted in a case in which a cash deposit has been made on a
11secured appearance bond, the entire sum deposited shall be returned. A deposit by
12a surety shall be returned to the person who made the deposit.
SB82-SSA1,184,14 13(3) Forfeiture exception. Subsections (1) (a) and (2) do not apply if a cash
14deposit is forfeited under s. 969.42.
SB82-SSA1,617 15Section 617. 969.41 of the statutes is created to read:
SB82-SSA1,184,20 16969.41 Discharge of surety. When a surety desires to be discharged from the
17obligations of his or her bond, he or she may apply to the court for an order to that
18effect. After notice to the parties, the court shall hold a hearing at which the
19defendant must be present. The court shall determine whether to discharge the
20surety and may review and modify the conditions of release.
SB82-SSA1,618 21Section 618. Subchapter III (title) of chapter 969 [precedes 969.50] of the
22statutes is created to read:
SB82-SSA1,184,2323 chapter 969
SB82-SSA1,184,2424 subchapter iii
SB82-SSA1,185,3
1enforcement of appearance
2 requirements and conditions of
3 release
SB82-SSA1,619 4Section 619. 969.50 (2) and (3) of the statutes are created to read:
SB82-SSA1,185,65 969.50 (2) A court issuing a bench warrant under this section may specify
6monetary conditions of release on the warrant.
SB82-SSA1,185,9 7(3) If monetary conditions of release are not specified on the bench warrant,
8a defendant or witness arrested pursuant to the warrant is not eligible for release
9before appearing in court.
SB82-SSA1,620 10Section 620. Chapter 970 (title) of the statutes is repealed and recreated to
11read:
SB82-SSA1,185,1312 CHAPTER 970
13 commencement of prosecution
SB82-SSA1,621 14Section 621. 970.01 (title) of the statutes is repealed.
SB82-SSA1,622 15Section 622. 970.01 (1) of the statutes is renumbered 971.015 (1) (a) and
16amended to read:
SB82-SSA1,185,2417 971.015 (1) (a) Any Except as provided in par. (b), any person who is arrested
18and not sooner released from custody shall be taken within a reasonable time before
19a judge in
brought before the court for the county in which the offense was alleged
20to have been committed. The
may be tried under s. 970.14 for an initial appearance
21may be conducted on the record by telephone or live audiovisual means under s.
22967.08. If the
within a reasonable time after the day of arrest. In no event shall an
23arrested person be held for more than 96 hours, including weekends and holidays,
24without a court determination regarding conditions of release under s. 969.33.
SB82-SSA1,186,8
1(3) Telephone proceedings. When an initial appearance is conducted by
2telephone or live audiovisual means under s. 967.14 or video conferencing under
3subch. III of ch. 885
, the person may waive physical appearance. Waiver of physical
4appearance shall be placed on the record of the initial appearance and does not waive
5other grounds for challenging the court's personal jurisdiction. If the person does not
6waive physical appearance, conducting the initial appearance by telephone or live
7audiovisual means under s. 967.08
defendant does not waive any grounds ground
8that the person defendant has for challenging the court's personal jurisdiction.
SB82-SSA1,623 9Section 623. 970.01 (2) of the statutes is repealed.
SB82-SSA1,624 10Section 624. 970.02 (title) of the statutes is repealed.
SB82-SSA1,625 11Section 625. 970.02 (1) (intro.) of the statutes is repealed.
SB82-SSA1,626 12Section 626. 970.02 (1) (a) of the statutes is renumbered 971.028 (3) and
13amended to read:
SB82-SSA1,186,2314 971.028 (3) Notice of the charges and penalties. Of the charge against the
15defendant and shall furnish
The court shall ensure that the district attorney has
16furnished
the defendant with a copy of the complaint which shall contain the possible
17penalties for the offenses set forth therein. In the case of a felony, the judge shall also
18inform the defendant of the
and ensure that the defendant has been informed of the
19nature of the charge and the
penalties for the felony each crime with which the
20defendant is charged. The district attorney shall read the complaint to the defendant
21at the defendant's request. If no criminal complaint is filed at the initial appearance,
22the defendant shall be released without monetary conditions unless the court
23excuses the delay due to the existence of extraordinary circumstances.
SB82-SSA1,627 24Section 627. 970.02 (1) (b) and (6) of the statutes are consolidated,
25renumbered 971.028 (1) and amended to read:
SB82-SSA1,187,11
1971.028 (1) Right to counsel. Of If the defendant is not represented by
2counsel, the court shall inform the defendant of
his or her right to counsel and, in any
3case required by the U.S. or Wisconsin constitution, that an attorney will be
4appointed to represent him or her if he or she is financially unable to employ counsel.
5(6) In all cases in which the defendant is entitled to legal representation under the
6constitution or laws of the United States or this state, the judge or magistrate shall
7inform the defendant of his or her right to counsel
and, if the defendant claims or
8appears to be indigent, shall refer the person defendant to the authority for indigency
9determinations specified under s. 977.07 (1). Unless the defendant knowingly and
10voluntarily waives the right to counsel, the court may not permit an unrepresented
11defendant to enter a plea other than not guilty.
SB82-SSA1,628 12Section 628. 970.02 (1) (c) and (5) of the statutes are consolidated, renumbered
13971.028 (2) and amended to read:
SB82-SSA1,187,2214 971.028 (2) Right to a preliminary examination. That The court shall inform
15the defendant that he or she is entitled to a preliminary examination if when the
16defendant is
charged with a felony in any complaint, including a complaint issued
17under s. 968.26, or when the defendant has been returned to this state for
18prosecution through extradition proceedings under ch. 976, or any indictment,
19unless waived in writing or in open court, or unless the defendant is a corporation
20or limited liability company. (5) If the defendant does not waive preliminary
21examination, the judge court shall forthwith set the action for a preliminary
22examination under s. 970.03 971.042.
SB82-SSA1,629 23Section 629. 970.02 (2) of the statutes is renumbered 971.028 (5) and amended
24to read:
SB82-SSA1,188,3
1971.028 (5) Conditions of release. The judge court shall admit the defendant
2to bail in accordance with
establish, modify, or continue the conditions of the
3defendant's release under
ch. 969.
SB82-SSA1,630 4Section 630. 970.02 (3) of the statutes is repealed.
SB82-SSA1,631 5Section 631. 970.02 (4) of the statutes is repealed.
SB82-SSA1,632 6Section 632. 970.02 (7) of the statutes is renumbered 971.028 (6) and amended
7to read:
SB82-SSA1,188,118 971.028 (6) Obtaining identification data. If the offense charged is one
9specified under s. 165.83 (2) (a), the judge court shall determine if the defendant's
10fingerprints, photographs and other identifying data have been taken and, if not, the
11judge court shall direct that this information be obtained.
SB82-SSA1,633 12Section 633. 970.02 (8) of the statutes, as affected by 2013 Wisconsin Act 214,
13is renumbered 971.028 (7) and amended to read:
SB82-SSA1,188,2314 971.028 (7) Obtaining biological specimen. If the offense charged is a violent
15crime, as defined in s. 165.84 (7) (ab), the judge court shall determine if a biological
16specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the
17judge court shall direct that a law enforcement agency or tribal law enforcement
18agency obtain a biological specimen from the defendant and submit it to the state
19crime laboratories as specified in rules promulgated by the department of justice
20under s. 165.76 (4). If the judge court requires the defendant to provide a specimen
21under this subsection or if a biological specimen has already been obtained from the
22defendant, the judge court shall inform the defendant that he or she may request
23expungement under s. 165.77 (4).
SB82-SSA1,634 24Section 634. 970.03 (title) of the statutes is renumbered 971.042 (title).
SB82-SSA1,635
1Section 635. 970.03 (1) of the statutes is renumbered 971.042 (1) and amended
2to read:
SB82-SSA1,189,83 971.042 (1) A preliminary examination is a hearing before a court for the
4purpose of determining if there is probable cause to believe a felony has been
5committed by the defendant. A preliminary examination may be held in conjunction
6with a bail revocation hearing under s. 969.08 (5) 969.51 (1) (b), but separate findings
7shall be made by the judge relating to the preliminary examination and to the bail
8revocation.
SB82-SSA1,636 9Section 636. 970.03 (2), (3), (4), (5) and (6) of the statutes are renumbered
10971.042 (2), (3), (4), (5) and (6).
SB82-SSA1,637 11Section 637 . 970.03 (7), (8) and (9) of the statutes are renumbered 971.042 (7)
12(a), (b) and (c) and amended to read:
SB82-SSA1,189,1413 971.042 (7) (a) If the court finds probable cause to believe that a felony has been
14committed by the defendant, it shall bind the defendant over for trial.
SB82-SSA1,189,1715 (b) If the court finds that it is probable that only a misdemeanor has been
16committed by the defendant, it shall amend the complaint to conform to the evidence.
17The action shall then proceed as though it had originated as a misdemeanor action.
SB82-SSA1,189,2018 (c) If the court does not find probable cause to believe that a crime has been
19committed by the defendant, it shall order the defendant discharged forthwith
20immediately.
SB82-SSA1,638 21Section 638. 970.03 (10), (12), (13) and (14) of the statutes are renumbered
22971.042 (8), (9), (10) and (11), and 971.042 (8) and (9) (a) 1., as renumbered, are
23amended to read:
SB82-SSA1,190,324 971.042 (8) In multiple count complaints, the court shall order dismissed any
25count for which it finds there is no probable cause. The facts arising out of any count

1ordered dismissed shall not be the basis for a count in any information filed pursuant
2to ch. 971. Section 970.04
under this chapter. Subsection (13) shall apply to any
3dismissed count.
SB82-SSA1,190,4 4(9) (a) 1. "Hospital" has the meaning designated given in s. 50.33 (2).
SB82-SSA1,639 5Section 639. 970.032 (title) of the statutes is repealed.
SB82-SSA1,640 6Section 640 . 970.032 (1) of the statutes is renumbered 971.75 (1) and amended
7to read:
SB82-SSA1,190,148 971.75 (1) Probable cause hearing. Notwithstanding s. 970.03 971.042, if a
9preliminary examination is held regarding a juvenile who is subject to the original
10jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall
11first conduct an evidentiary hearing to determine whether if there is probable cause
12to believe that the juvenile has committed the violation of which he or she is accused
13under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever
14is applicable.
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