SB82-SSA1,567 17Section 567. 969.03 of the statutes is repealed.
SB82-SSA1,568 18Section 568. 969.035 of the statutes is renumbered 969.43, and 969.43 (4), (5),
19(7), (8) and (10), as renumbered, are amended to read:
SB82-SSA1,170,220 969.43 (4) If the court determines that the district attorney has complied with
21sub. (3), the court may order that the detention of a person who is currently in custody
22be continued or may issue a warrant commanding any law enforcement officer to
23bring the defendant without unnecessary delay before the court. When the
24defendant is brought before the court, he or she shall be given a copy of the documents

1specified in sub. (3) and informed of his or her rights under this section and s. 970.02
2(1) and (6)
971.028.
SB82-SSA1,170,12 3(5) A pretrial detention hearing is a hearing before a court for the purpose of
4determining if the continued detention of the defendant is justified. A pretrial
5detention hearing may be held in conjunction with a preliminary examination under
6s. 970.03 971.042 or a conditional release revocation hearing under s. 969.08 (5) (b)
7969.51 (1), but separate findings shall be made by the court relating to the pretrial
8detention, preliminary examination, and conditional release revocation. The
9pretrial detention hearing shall be commenced within 10 days from the date the
10defendant is detained or brought before the court under sub. (4). The defendant may
11not be denied release from custody in accordance with s. 969.03 for more than 10 days
12prior to the hearing required by this subsection.
SB82-SSA1,170,15 13(7) If the court does not make the findings under sub. (6) (a) and (b) and the
14defendant is otherwise eligible, the defendant shall be released from custody with or
15without conditions in accordance with s. 969.03 ss. 969.31 to 969.33.
SB82-SSA1,170,20 16(8) If the court makes the findings under sub. (6) (a) and (b), the court may deny
17bail to the defendant for an additional period not to exceed 60 days following the
18hearing. If the time period passes and the defendant is otherwise eligible, he or she
19shall be released from custody with or without conditions in accordance with s. s.
20969.03
ss. 969.31 to 969.33.
SB82-SSA1,170,22 21(10) The defendant may petition the court to be released from custody with or
22without conditions in accordance with s. 969.03 ss. 969.31 to 969.33 at any time.
SB82-SSA1,569 23Section 569. 969.04 of the statutes is renumbered 969.40 and amended to
24read:
SB82-SSA1,171,4
1969.40 Surety may satisfy default. Any If a defendant fails to comply with
2the conditions of his or her bond, any
surety may, after default, pay to the clerk of the
3court
the amount for which the surety was bound, or such lesser sum as the court,
4after notice and hearing, may direct, and thereupon be discharged.
SB82-SSA1,570 5Section 570. 969.05 of the statutes is repealed.
SB82-SSA1,571 6Section 571. 969.065 of the statutes is renumbered 969.34 and amended to
7read:
SB82-SSA1,171,12 8969.34 Judicial conference; bail alternatives Bail schedule. The judicial
9conference shall develop guidelines, which the supreme court shall adopt by rule, for
10cash bail for releasing on bond persons accused of misdemeanors which the supreme
11court shall adopt by rule
. The guidelines shall relate primarily to individuals. The
12guidelines
and may be revised from time to time under this section.
SB82-SSA1,572 13Section 572. 969.07 of the statutes is renumbered 969.36 and amended to
14read:
SB82-SSA1,172,7 15969.36 Taking of bail cash deposit by law enforcement officer. When
16bail has monetary conditions of release have been set before the initial appearance
17for a particular defendant, any law enforcement officer may take bail in accordance
18with s. 969.02
a cash deposit and release the defendant to appear at a specified time
19and place
in accordance with the conditions of the appearance stated in the bond.
20Bail shall not be required of a defendant who has been cited for commission of a
21misdemeanor in accordance with s. 968.085.
The law enforcement officer shall give
22a receipt to the defendant for the bail so taken deposit and within a reasonable time
23deposit the bail it with the clerk of the court before whom where the defendant is to
24appear. Bail taken by a law enforcement officer may be taken A law enforcement
25officer may take a cash deposit
only at a sheriff's office or police station. The receipts

1shall be numbered serially and shall be in triplicate, one copy for the defendant, one
2copy to be filed with the clerk and one copy to be filed with the police or sheriff's
3department which takes the bail.
This section does not require the release of a
4defendant from custody when an officer is of the opinion that the defendant is not in
5a fit condition to care for his or her own safety or would constitute, because of his or
6her physical condition, a danger to the safety of others. If a defendant is not released
7under this section, s. 970.01 971.015 (1) shall apply.
SB82-SSA1,573 8Section 573. 969.08 (title) of the statutes is renumbered 969.51 (title) and
9amended to read:
SB82-SSA1,172,11 10969.51 (title) Grant, reduction, increase or revocation Revocations of
11conditions of defendant's release.
SB82-SSA1,574 12Section 574. 969.08 (1), (2), (3) and (4) of the statutes are repealed.
SB82-SSA1,575 13Section 575. 969.08 (5) (a) of the statutes is renumbered 969.51 (1) (a).
SB82-SSA1,576 14Section 576. 969.08 (5) (b) 1. of the statutes is renumbered 969.51 (1) (b) 1. and
15amended to read:
SB82-SSA1,173,416 969.51 (1) (b) 1. If the court determines that the state has complied with par.
17(a), the court may issue a warrant commanding any law enforcement officer to bring
18the defendant without unnecessary delay before the court. When the defendant is
19brought before the court, he or she shall be given a copy of the documents specified
20in par. (a) and informed of his or her rights under s. 970.02 (1) and (6) 971.028. The
21court may hold the defendant in custody and suspend the previously imposed
22conditions of release pending a hearing on the alleged breach. The hearing under
23this paragraph and the preliminary examination under s. 970.03 971.042, if
24required, shall be a combined hearing, with the court making the separate findings
25required under this paragraph and s. 970.03 971.042 at the conclusion of the

1combined hearing. The hearing shall be commenced within 7 days from the date the
2defendant is taken into custody. The defendant may not be held without setting
3conditions of release for more than 7 days unless a hearing is held and the findings
4required by this paragraph are established.
SB82-SSA1,577 5Section 577. 969.08 (5) (b) 2. of the statutes is renumbered 969.51 (1) (b) 2.
SB82-SSA1,578 6Section 578. 969.08 (5) (b) 3. of the statutes is renumbered 969.51 (1) (b) 3. and
7amended to read:
SB82-SSA1,173,178 969.51 (1) (b) 3. Upon a finding by the court that the state has established by
9clear and convincing evidence that the defendant has committed a serious crime
10while on conditional release, the court may revoke the release of the defendant and
11hold the defendant for trial without setting conditions of release. No reference may
12be made during the trial of the offense to the court's finding in the hearing. No
13reference may be made in the trial to any testimony of the defendant at the hearing,
14except if the testimony is used for impeachment purposes. If the court does not find
15that the state has established by clear and convincing evidence that the defendant
16has committed a serious crime while on conditional release, the defendant shall be
17released on bail or other conditions deemed appropriate by the court.
SB82-SSA1,579 18Section 579. 969.08 (5) (b) 4. of the statutes is renumbered 969.51 (1) (b) 4. and
19amended to read:
SB82-SSA1,174,320 969.51 (1) (b) 4. If the release of any defendant is revoked under subd. 3., the
21defendant may demand and shall be entitled to be brought to trial on the offense with
22respect to which he or she was formerly released on conditions within 60 days after
23the date on which he or she appeared before the court under subd. 1. If the defendant
24is not brought to trial within the 60-day period he or she shall not be held longer
25without setting conditions of release and shall be released on bail or other conditions

1deemed appropriate by the court. In computing the 60-day period, the court shall
2omit any period of delay if the court finds that the delay results from a continuance
3granted at the exclusive request of the defendant.
SB82-SSA1,580 4Section 580. 969.08 (5) (b) 5. of the statutes is renumbered 969.51 (1) (b) 5.
SB82-SSA1,581 5Section 581. 969.08 (6) of the statutes is renumbered 969.51 (2).
SB82-SSA1,582 6Section 582. 969.08 (7) of the statutes is renumbered 969.51 (3) and amended
7to read:
SB82-SSA1,174,138 969.51 (3) If a person is charged with the commission of a serious crime in a
9county other than the county in which the person was released on conditions, the
10district attorney and court may proceed under sub. (6) (1) and certify the findings to
11the circuit court for the county in which the person was released on conditions. That
12circuit court shall make the release revocation decision based on the certified
13findings.
SB82-SSA1,583 14Section 583. 969.08 (8) of the statutes is renumbered 969.51 (4) and amended
15to read:
SB82-SSA1,174,1916 969.51 (4) Information stated in, or offered in connection with, any order
17entered under this chapter setting bail or other conditions of release need not
18conform to the rules of evidence, except as provided under sub. (5) (1) (b) 2. or s.
19901.05.
SB82-SSA1,584 20Section 584. 969.08 (9) of the statutes is renumbered 969.51 (5).
SB82-SSA1,585 21Section 585. 969.08 (9m) of the statutes is renumbered 969.51 (6) and
22amended to read:
SB82-SSA1,174,2523 969.51 (6) A person who has had bail bond revoked under this section is entitled
24to placement of his or her case on an expedited trial calendar and his or her trial shall
25be given priority.
SB82-SSA1,586
1Section 586. 969.08 (10) of the statutes is renumbered 969.51 (7).
SB82-SSA1,587 2Section 587. 969.09 (title), (1) and (3) of the statutes are repealed.
SB82-SSA1,588 3Section 588. 969.09 (2) of the statutes is renumbered 974.09 (2) and amended
4to read:
SB82-SSA1,175,115 974.09 (2) If the defendant is admitted to bail upon released on conditions
6pending
appeal, the conditions of the bond shall be that the defendant will duly
7prosecute the defendant's appeal, that the defendant will appear at such the time
8and place as that the court directs, and that, if the judgment is affirmed or reversed
9and remanded for a new trial or further proceedings upon notice after remittitur, the
10defendant will surrender to the sheriff of the county in which the defendant was
11tried.
SB82-SSA1,589 12Section 589. 969.10 of the statutes is amended to read:
SB82-SSA1,175,16 13969.10 Notice of change of address. A person who has been released on bail
14or other
conditions shall give written notice to the clerk of any change in his or her
15address within 48 hours after the change. This requirement shall be printed on all
16bonds.
SB82-SSA1,590 17Section 590. 969.11 of the statutes is renumbered 969.35 and amended to
18read:
SB82-SSA1,176,3 19969.35 Release upon arrest in another county. (1) If the defendant is
20arrested in a county other than the county in which the offense was committed may
21be tried under s. 970.14
, he or she shall, without unreasonable delay, either be
22brought before a judge of the county in which arrested
and for the purpose of setting
23bail or other conditions of release, be brought before a judge of either the county
24where he or she was arrested
or be returned to the county in which where the offense
25was committed. The may be tried under s. 970.14. If the defendant is brought before

1a judge in the county where he or she was arrested, the
judge shall release him or
2her on conditions imposed in accordance with this chapter to appear before a court
3in the county in which the offense was committed at a specified time and place.
SB82-SSA1,176,8 4(2) If the defendant is released on bail or other conditions pursuant to a judge
5of a county other than the county where the offense may be tried under s. 970.14
6released the defendant under
sub. (1), the judge shall make a record of the
7proceedings and, shall certify his or her minutes thereof of the proceedings, and shall
8forward the bond and bail to the court before whom the defendant is bound to appear.
SB82-SSA1,591 9Section 591. 969.12 of the statutes is renumbered 969.39.
SB82-SSA1,592 10Section 592. 969.13 of the statutes is renumbered 969.42.
SB82-SSA1,593 11Section 593. 969.14 of the statutes is repealed.
SB82-SSA1,594 12Section 594. Subchapter I (title) of chapter 969 [precedes 969.15] of the
13statutes is created to read:
SB82-SSA1,176,1414 chapter 969
SB82-SSA1,176,1615 subchapter i
16 arrests, summonses, and citations
SB82-SSA1,595 17Section 595. 969.15 of the statutes is created to read:
SB82-SSA1,176,20 18969.15 Securing the defendant's initial appearance. The initial
19appearance of a person charged with a crime may be secured in any of the following
20ways:
SB82-SSA1,176,21 21(1) By the person's voluntary appearance.
SB82-SSA1,176,22 22(2) By the person's appearance in response to a citation.
SB82-SSA1,176,23 23(3) By the person's appearance in response to a summons.
SB82-SSA1,176,24 24(4) By the person's arrest, with or without a warrant.
SB82-SSA1,177,2
1(5) By the person's appearance in response to a condition of release from
2custody.
SB82-SSA1,177,4 3(6) By the person's appearance in response to a judicial order to produce a
4person already in custody.
SB82-SSA1,596 5Section 596. 969.19 of the statutes is created to read:
SB82-SSA1,177,15 6969.19 Probable cause determination for warrantless arrests. For any
7person who is arrested without a warrant and not sooner released from custody,
8within 48 hours after the arrest a judge shall determine whether there was probable
9cause to arrest the person. After 48 hours, including weekends and holidays, have
10elapsed from the arrest of the person with no judicial determination of probable
11cause the person shall be released under s. 969.32 (1) unless the delay is excused by
12the existence of a bona fide emergency or other extraordinary circumstance. The
13time limit under this section does not apply to persons in custody as a result of a
14probation, extended supervision, or parole hold under s. 302.113 (8m), 302.114 (8m),
15304.06 (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 16Section 597. 969.20 (2) of the statutes is created to read:
SB82-SSA1,177,2217 969.20 (2) Warrant without a criminal complaint. Upon the request of the
18district attorney and subject to sub. (8), a judge may issue an arrest warrant without
19a criminal complaint if the judge determines, based on an affidavit filed with the
20court or an examination under oath of a person, that there is probable cause to
21believe that an offense has been committed and that the person named in the
22warrant has committed it.
SB82-SSA1,598 23Section 598. 969.20 (6) of the statutes is created to read:
SB82-SSA1,178,2
1969.20 (6) Conditions of release on warrant. A judge issuing a warrant may
2specify conditions of release.
SB82-SSA1,599 3Section 599. 969.20 (7) (title) of the statutes is created to read:
SB82-SSA1,178,44 969.20 (7) (title) Summons in lieu of warrant.
SB82-SSA1,600 5Section 600. 969.21 (title) of the statutes is created to read:
SB82-SSA1,178,6 6969.21 (title) Arrest warrants.
SB82-SSA1,601 7Section 601. 969.24 (2m) of the statutes is created to read:
SB82-SSA1,178,108 969.24 (2m) Release after citation. A law enforcement officer citing a person
9for a misdemeanor shall release the person without a cash bond unless any of the
10following apply:
SB82-SSA1,178,1111 (a) The accused has not given proper identification.
SB82-SSA1,178,1212 (b) The accused is not willing to sign the citation.
SB82-SSA1,178,1413 (c) The accused appears to represent a danger of harm to himself or herself,
14another person or property.
SB82-SSA1,178,1515 (d) The accused cannot show sufficient evidence of ties to the community.
SB82-SSA1,178,1716 (e) The accused has previously failed to appear in response to a citation,
17subpoena, summons, or order of the court.
SB82-SSA1,178,1918 (f) Arrest or further detention appears necessary to carry out legitimate
19investigative action in accordance with law enforcement agency policies.
SB82-SSA1,602 20Section 602. 969.26 (title) of the statutes is created to read:
SB82-SSA1,178,21 21969.26 (title) Forms.
SB82-SSA1,603 22Section 603. 969.26 (3) of the statutes is created to read:
SB82-SSA1,178,2323 969.26 (3) Citation. A citation shall be in substantially the following form:
SB82-SSA1,178,2424 MISDEMEANOR CITATION
SB82-SSA1,96925 Section 969.26 Wis. Stats.
SB82-SSA1,179,1
1Deposit Permitted: $ ....
SB82-SSA1,179,22 Circuit Court for .... County
SB82-SSA1,179,93 The undersigned complains for and on behalf of the State of Wisconsin upon
4information and belief that on or about .... (day), .... (date of violation), at ....
5(time); in .... County, town/ village/ city of ....; .... (defendant's name); .... (date of
6birth), .... (sex), .... (street address, city, state, zip code), .... (race), .... (eye color), ....
7(hair color), .... (weight), .... (height); did the following .... (state facts of violation)
8in violation of section(s) .... of the .... (year) Wisconsin Statutes and requests that
9the defendant may be held to answer for the violation.
SB82-SSA1,179,1010 Dated ...., .... (year)
SB82-SSA1,179,1111 .... (Signature of officer)
SB82-SSA1,179,1212 Signed by .... (Name), .... (Dept./Agency)
SB82-SSA1,179,1313 .... (Title), .... (Badge Number)
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