LRB-2035/3
CMH:jld&kjf:pg
2005 - 2006 LEGISLATURE
February 2, 2006 - Introduced by Representatives Suder, Wood, Gronemus,
Musser, Townsend, Hines, Owens, LeMahieu, Albers, Petrowski
and Van
Roy
, cosponsored by Senators Zien and Roessler. Referred to Committee on
Criminal Justice and Homeland Security.
AB969,1,5 1An Act to renumber and amend 969.13 (5); to amend 895.80 (4), 943.245 (3m),
2943.51 (3r), 949.15 (1), 969.02 (2), 969.02 (6), 969.03 (1) (d) and 969.03 (4); and
3to create 950.04 (1v) (qm), 969.13 (5) (b) and 973.20 (9m) of the statutes;
4relating to: applying cash deposited for bail to restitution payments or to
5recompense ordered in criminal cases.
Analysis by the Legislative Reference Bureau
Under current law, a judge may set conditions of release for a person charged
with a crime (defendant) that are designed to assure the defendant's appearance in
court. A judge may require the defendant to execute an unsecured appearance bond
in a specified amount or, as an alternative to an unsecured appearance bond, a judge
may require the defendant to execute an appearance bond in a specified amount. The
amount specified in an appearance bond must be either posted as a cash deposit or
guaranteed by solvent sureties. If the person does not comply with the conditions of
the bond, any cash deposited for an appearance bond is forfeited and used to pay costs
and the judgment of forfeiture. If the defendant is convicted and ordered to pay a fine
or court costs or both, any cash deposited for an appearance bond is used to pay the
fine and costs, with any remaining amount returned to the defendant.
The bill provides also that, if a person forfeits bail by not complying with the
conditions of bond, an amount determined by the court will be distributed to the
victim of the crime for which the bond conditions were imposed as recompense for
that crime. This bill provides also that, if a defendant is convicted, ordered to pay

a fine or court costs or both, and ordered to pay restitution to the victim of the crime,
any cash deposited for an appearance bond must be applied first to the payment of
the restitution and then, if restitution is fully satisfied, to the payment of the fine and
costs imposed on the defendant, with any amount remaining after the payment of
restitution, fines, and costs returned to the defendant. If a defendant is not ordered
to pay restitution, any cash deposited for an appearance bond would, as under
current law, be applied to pay any fine and costs imposed on the defendant. The bill
also requires that a person who deposits cash for an appearance bond must be
notified that, if the defendant does not comply with the bond conditions or is
convicted, the money will be applied to the payment of any recompense, restitution,
fines, and costs that are ordered in the case in which the cash deposit was made.
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:
AB969, s. 1 1Section 1. 895.80 (4) of the statutes is amended to read:
AB969,2,42 895.80 (4) Any recovery under this section shall be reduced by the amount
3recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act
4or as recompense under s. 939.13 (5) (a) for the same act
.
AB969, s. 2 5Section 2. 943.245 (3m) of the statutes is amended to read:
AB969,2,86 943.245 (3m) Any recovery under this section shall be reduced by the amount
7recovered as restitution for the same act under ss. 800.093 and 973.20 or as
8recompense under s. 969.13 (5) (a) for the same act
.
AB969, s. 3 9Section 3. 943.51 (3r) of the statutes is amended to read:
AB969,2,1210 943.51 (3r) Any recovery under this section shall be reduced by the amount
11recovered as restitution for the same act under ss. 800.093 and 973.20 or as
12recompense under s. 969.13 (5) (a) for the same act
.
AB969, s. 4 13Section 4. 949.15 (1) of the statutes is amended to read:
AB969,3,914 949.15 (1) Whenever the department orders the payment of an award under
15this chapter as a result of the occurrence of an event that creates a cause of action

1on the part of a claimant against any person, the department is subrogated to the
2rights of the claimant and may bring an action against the person for the amount of
3the damages sustained by the claimant. If an amount greater than that paid under
4the award order is recovered and collected in any such action, the department shall
5pay the balance to the claimant. If the person responsible for the injury or death has
6previously made restitution payments to the general fund under s. 973.20 or paid
7recompense under s. 969.13 (5) (a)
, any judgment obtained by the department under
8this section shall be reduced by the amount of the restitution payments to the general
9fund.
AB969, s. 5 10Section 5. 950.04 (1v) (qm) of the statutes is created to read:
AB969,3,1111 950.04 (1v) (qm) To recompense as provided under s. 969.13 (5) (a).
AB969, s. 6 12Section 6. 969.02 (2) of the statutes is amended to read:
AB969,3,1713 969.02 (2) In lieu of release pursuant to sub. (1), the judge may require the
14execution of an appearance bond with sufficient solvent sureties, or the deposit of
15cash in lieu thereof of sureties. If the judge requires a deposit of cash in lieu of
16sureties, the person making the cash deposit shall be given written notice of the
17requirements of sub. (6)
.
AB969, s. 7 18Section 7. 969.02 (6) of the statutes is amended to read:
AB969,3,2319 969.02 (6) When a judgment for a fine or costs or both of conviction is entered
20in a prosecution in which a deposit had been made in accordance with sub. (2), the
21balance of such deposit, after deduction of the bond costs, shall be applied first to the
22payment of any restitution ordered under s. 973.20 and then, if ordered restitution
23is satisfied in full,
to the payment of the judgment.
AB969, s. 8 24Section 8. 969.03 (1) (d) of the statutes is amended to read:
AB969,4,4
1969.03 (1) (d) Require the execution of an appearance bond with sufficient
2solvent sureties, or the deposit of cash in lieu of sureties. If the judge requires a
3deposit of cash in lieu of sureties, the person making the cash deposit shall be given
4written notice of the requirements of sub. (4).
AB969, s. 9 5Section 9. 969.03 (4) of the statutes is amended to read:
AB969,4,106 969.03 (4) If a judgment for a fine or costs or both of conviction is entered in
7a prosecution in which a deposit had been made in accordance with sub. (1) (d), the
8balance of the deposit, after deduction of the bond costs, shall be applied first to the
9payment of any restitution ordered under s. 973.20 and then, if ordered restitution
10is satisfied in full,
to the payment of the judgment.
AB969, s. 10 11Section 10. 969.13 (5) of the statutes is renumbered 969.13 (5) (a) and
12amended to read:
AB969,4,1813 969.13 (5) (a) A cash deposit made with the clerk pursuant to this chapter shall
14be applied first to the payment of any recompense determined under par. (b) and
15then, if the recompense is paid in full,
to the payment of costs. If any amount of such
16deposit remains after the payment of costs, it shall be applied to payment of the
17judgment of forfeiture. The person making the cash deposit shall be given written
18notice of the requirements of this paragraph.
AB969, s. 11 19Section 11. 969.13 (5) (b) of the statutes is created to read:
AB969,4,2520 969.13 (5) (b) The court shall determine a recompense amount for any victim,
21or if the victim is deceased, for his or her estate, of the crime for which the bond was
22entered into unless the court finds substantial reason not to do so and states the
23reason on the record. The court shall determine the recompense amount in the same
24manner as the court would have determined the restitution amount under s. 973.20
25(2), (3), (4), (4m), (5), and (7) had the person been convicted.
AB969, s. 12
1Section 12. 973.20 (9m) of the statutes is created to read:
AB969,5,92 973.20 (9m) When restitution is ordered, the court shall inquire to see if
3recompense has been made under s. 969.13 (5) (a). If recompense has been made and
4the restitution ordered is less than or equal to the recompense, the restitution shall
5be paid only to the general fund. If recompense has been made and the restitution
6ordered is greater than the recompense, the general fund shall receive an amount
7equal to the recompense and the balance shall be paid to the victim. This subsection
8applies without regard to whether the person who paid the recompense is the person
9who is convicted of the crime.
AB969, s. 13 10Section 13. Initial applicability.
AB969,5,1211 (1) This act first applies to cash deposits made on the effective date of this
12subsection.
AB969,5,1313 (End)
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