AB383,201,2524
I have received a copy of this citation. I promise to appear in court at the
25time and place specified. Signing this citation is not an admission of guilt.
AB383,202,1
1.... (Defendant's signature)
AB383,202,22
.... (Defendant's address)
AB383,202,33
.... (Defendant's phone number)
AB383,202,44
ENDORSEMENT BY DISTRICT ATTORNEY
AB383,202,65
I have reviewed this citation and approve its use as a criminal complaint
6under s. 696.10 (6).
AB383,202,77
Dated ...., .... (year)
AB383,202,88
.... (District Attorney's signature)
AB383,202,99
.... (Title)
AB383,637
10Section
637. Subchapter II (title) of chapter 969 [precedes 969.30] of the
11statutes is created to read:
AB383,202,1212
chapter 969
AB383,202,1413
subchapter Ii
14
court-ordered release
AB383,638
15Section
638. 969.30 (3) to (7) of the statutes are created to read:
AB383,202,1716
969.30
(3) "Personal recognizance bond" means a bond without monetary
17conditions of release.
AB383,202,20
18(4) "Secured appearance bond" means a bond with monetary conditions of
19release that require the depositing of cash or the pledging of property as security.
20The court may order that the bond be secured by the defendant or by a surety.
AB383,202,25
21(5) "Serious bodily harm" means bodily injury that causes or contributes to the
22death of a human being; bodily injury that creates a substantial risk of death; bodily
23injury that causes serious permanent disfigurement; bodily injury that causes a
24permanent or protracted loss or impairment of the function of any bodily member or
25organ; or other serious bodily injury.
AB383,203,3
1(6) "Surety" means a person who guarantees payment of the amount specified
2in a monetary condition of release if the defendant does not appear in court as
3required.
AB383,203,6
4(7) "Unsecured appearance bond" means a bond with monetary conditions of
5release that do not require the depositing of cash or the pledging of property as
6security.
AB383,639
7Section
639. 969.31 (3) of the statutes is created to read:
AB383,203,108
969.31
(3) After sentencing. After sentencing and before service of the
9sentence begins, the trial court may continue the conditions of release or impose new
10conditions of release.
AB383,640
11Section
640. 969.31 (4) of the statutes is created to read:
AB383,203,1312
969.31
(4) Pending appeal. Release after sentencing, pending appeal, is
13governed by ss. 809.31 and 974.08.
AB383,641
14Section
641. 969.32 of the statutes is created to read:
AB383,203,16
15969.32 Types of release. In any case where release is allowed, the court shall
16do one of the following:
AB383,203,17
17(1) Release the defendant to return on a
date certain, without conditions.
AB383,203,18
18(2) Release the defendant on a personal recognizance bond.
AB383,203,19
19(3) Release the defendant on an unsecured appearance bond.
AB383,203,20
20(4) Release the defendant on a secured appearance bond.
AB383,642
21Section
642. 969.33 (title) of the statutes is created to read:
AB383,203,22
22969.33 (title)
Conditions of release.
AB383,643
23Section
643. 969.33 (2) of the statutes is created to read:
AB383,204,224
969.33
(2) Rules of evidence do not apply. Information stated in or offered in
25connection with any order entered under this chapter setting conditions of release
1need not conform to the rules of evidence, except as provided under s. 901.05 or
2969.51.
AB383,644
3Section
644. 969.33 (3) of the statutes is created to read:
AB383,204,84
969.33
(3) Monetary conditions. The court may impose monetary conditions
5of release only if it finds that there is a reasonable basis to believe that they are
6necessary to ensure the defendant's appearance in court. In a misdemeanor case the
7amount of money specified in a monetary condition of release may not exceed the
8maximum fine provided for the crime charged.
AB383,645
9Section
645. 969.33 (4) of the statutes is created to read:
AB383,204,1110
969.33
(4) Mandatory conditions. The following conditions shall be imposed
11as terms of any bond under s. 969.32 (2) to (4) and shall be printed on the bond:
AB383,204,1412
(a) The defendant shall appear in the court having jurisdiction on a day certain
13and thereafter as ordered until discharged on final order of the court and shall
14submit to the orders and process of the court.
AB383,204,1615
(b) The defendant shall give written notice to the clerk of any change in his or
16her address within 48 hours after the change.
AB383,204,1717
(c) The defendant may not commit any crime.
AB383,204,1918
(d) The defendant shall not violate, cause any person to violate, or permit any
19person to violate on the defendant's behalf ss. 940.22 to 940.45.
AB383,646
20Section
646. 969.33 (5) to (7) of the statutes are created to read:
AB383,204,2321
969.33
(5) Other conditions. Whenever a defendant is released on bond under
22s. 969.32 (2) to (4), the court may impose reasonable conditions other than those
23required under sub. (4), including conditions doing any of the following:
AB383,204,2524
(a) Prohibiting the defendant from contacting, directly or indirectly, specified
25persons or going to specified places.
AB383,205,1
1(b) Prohibiting the defendant from possessing any dangerous weapon.
AB383,205,22
(c) Prohibiting the defendant from consuming alcohol beverages.
AB383,205,33
(d) Restricting the travel, association, or place of residence of the defendant.
AB383,205,54
(e) Requiring that the defendant return to custody after specified hours. The
5charges authorized by s. 303.08 (4) and (5) do not apply under this paragraph.
AB383,205,76
(f) Placing the defendant under the supervision of a designated person or
7organization agreeing to supervise the defendant.
AB383,205,9
8(6) Copy of bond to defendant. The court shall provide the defendant a copy
9of his or her bond.
AB383,205,13
10(7) Modifying conditions of release. Upon motion by the state or the
11defendant, the court before which the action is pending may, following a hearing,
12modify conditions of release or grant release if it has been previously revoked under
13s. 969.51. Reasonable notice of the hearing shall be given to all parties.
AB383,647
14Section
647. 969.37 of the statutes is created to read:
AB383,205,21
15969.37 Return of cash deposit to a 3rd party. A person other than the
16defendant who has deposited cash to obtain the release of the defendant on a secured
17appearance bond, may, prior to the entry of a judgment of conviction or a judgment
18of forfeiture under s. 969.42, apply to the court for an order returning the deposit.
19After notice to the parties, the court shall hold a hearing at which the defendant must
20be present. The court shall determine whether to remit the cash deposit in whole or
21in part and may review and modify the conditions of release.
AB383,648
22Section
648. 969.38 of the statutes is created to read:
AB383,205,23
23969.38 Disposition of cash deposits. (1) Deposit applied to fine or costs.
AB383,205,2524
(b) All secured appearance bonds shall include notice of the requirements of
25par. (a).
AB383,206,4
1(2) Return of deposit. If the complaint against the defendant is dismissed or
2the defendant is acquitted in a case in which a cash deposit has been made on a
3secured appearance bond, the entire sum deposited shall be returned. A deposit by
4a surety shall be returned to the person who made the deposit.
AB383,206,6
5(3) Forfeiture exception. Subsections (1) (a) and (2) do not apply if a cash
6deposit is forfeited under s. 969.42.
AB383,649
7Section
649. 969.41 of the statutes is created to read:
AB383,206,12
8969.41 Discharge of surety. When a surety desires to be discharged from the
9obligations of his or her bond, he or she may apply to the court for an order to that
10effect. After notice to the parties, the court shall hold a hearing at which the
11defendant must be present. The court shall determine whether to discharge the
12surety and may review and modify the conditions of release.
AB383,650
13Section
650. 969.42 of the statutes is created to read:
AB383,206,18
14969.42 Forfeiture. (1) If the defendant does not comply with the conditions
15of the bond, the court may order the bail forfeited and a judgment of bail forfeiture
16entered. Immediately after the order is entered, the clerk shall mail notice of the
17order of judgment of bail forfeiture to the defendant and the defendant's sureties.
18No other notice is required.
AB383,206,22
19(2) By entering into a bond, the defendant and any sureties submit to the
20jurisdiction of the court for the purposes of determining their liability under the
21bond. Their obligations under the bond may be enforced without the necessity of an
22independent action.
AB383,207,2
23(3) If the court enters a judgment of bail forfeiture, any cash deposit made with
24the clerk pursuant to this subchapter shall be applied to the payment of costs. If any
1amount of the deposit remains after the payment of costs, it shall be applied to the
2payment of the judgment of bail forfeiture.
AB383,207,5
3(4) Within 30 days after the entry of a judgment of bail forfeiture, the court may
4order the judgment set aside upon such conditions as the court imposes if it appears
5that justice does not require the enforcement of the judgment of bail forfeiture.
AB383,651
6Section
651. Subchapter III (title) of chapter 969 [precedes 969.50] of the
7statutes is created to read:
AB383,207,99
subchapter iii
AB383,207,1210
enforcement of appearance
11
requirements and conditions of
12
release
AB383,652
13Section
652. 969.50 (2) and (3) of the statutes are created to read:
AB383,207,1514
969.50
(2) A court issuing a bench warrant under this section may specify
15monetary conditions of release on the warrant.
AB383,207,18
16(3) If monetary conditions of release are not specified on the bench warrant,
17a defendant or witness arrested pursuant to the warrant is not eligible for release
18before appearing in court.
AB383,653
19Section
653. Chapter 970 (title) of the statutes is repealed and recreated to
20read:
AB383,207,2221
CHAPTER 970
22
commencement of prosecution
AB383,654
23Section
654. 970.01 (title) of the statutes is repealed.
AB383,655
24Section
655. 970.01 (1) of the statutes is renumbered 971.015 (1) (a) and
25amended to read:
AB383,208,8
1971.015
(1) (a)
Any Except as provided in par. (b), any person who is arrested
2and not sooner released from custody shall be
taken within a reasonable time before
3a judge in brought before the court for the county in which the offense
was alleged
4to have been committed. The may be tried under s. 970.14 for an initial appearance
5may be conducted on the record by telephone or live audiovisual means under s.
6967.08. If the within a reasonable time after the day of arrest. In no event shall an
7arrested person be held for more than 96 hours, including weekends and holidays,
8without a court determination regarding conditions of release under s. 969.33.
AB383,208,16
9(3) Telephone proceedings. When an initial appearance is conducted by
10telephone
or live audiovisual means under s. 967.14 or video conferencing under
11subch. III of ch. 885, the
person may waive physical appearance. Waiver of physical
12appearance shall be placed on the record of the initial appearance and does not waive
13other grounds for challenging the court's personal jurisdiction. If the person does not
14waive physical appearance, conducting the initial appearance by telephone or live
15audiovisual means under s. 967.08 defendant does not waive any
grounds ground 16that the
person defendant has for challenging the court's personal jurisdiction.
AB383,656
17Section
656. 970.01 (2) of the statutes is repealed.
AB383,657
18Section
657. 970.02 (title) of the statutes is repealed.
AB383,658
19Section
658. 970.02 (1) (intro.) of the statutes is repealed.
AB383,659
20Section
659. 970.02 (1) (a) of the statutes is renumbered 971.027 (3) and
21amended to read:
AB383,209,422
971.027
(3) Notice of the charges and penalties. Of the charge against the
23defendant and shall furnish The court shall ensure that the district attorney has
24furnished the defendant with a copy of the complaint
which shall contain the possible
25penalties for the offenses set forth therein. In the case of a felony, the judge shall also
1inform the defendant of the and ensure that the defendant has been informed of the
2nature of the charge and the penalties for
the felony each crime with which the
3defendant is charged.
The district attorney shall read the complaint to the defendant
4at the defendant's request.
AB383,660
5Section
660. 970.02 (1) (b) and (6) of the statutes are consolidated,
6renumbered 971.027 (1) and amended to read:
AB383,209,177
971.027
(1) Right to counsel.
Of If the defendant is not represented by
8counsel, the court shall inform the defendant of his or her right to counsel
and, in any
9case required by the U.S. or Wisconsin constitution, that an attorney will be
10appointed to represent him or her if he or she is financially unable to employ counsel.
11(6) In all cases in which the defendant is entitled to legal representation under the
12constitution or laws of the United States or this state
, the judge or magistrate shall
13inform the defendant of his or her right to counsel and, if the defendant claims or
14appears to be indigent, shall refer the
person defendant to the authority for indigency
15determinations specified under s. 977.07 (1).
Unless the defendant knowingly and
16voluntarily waives the right to counsel, the court may not permit an unrepresented
17defendant to enter a plea other than not guilty.
AB383,661
18Section
661. 970.02 (1) (c) of the statutes is repealed.
AB383,662
19Section
662. 970.02 (2) of the statutes is renumbered 971.027 (5) and amended
20to read:
AB383,209,2321
971.027
(5) Conditions of release.
The judge At the initial appearance, the
22court shall
admit the defendant to bail in accordance with establish, modify, or
23continue the conditions of the defendant's release under ch. 969.
AB383,663
24Section
663. 970.02 (3) of the statutes is repealed.
AB383,664
25Section
664. 970.02 (4) of the statutes is repealed.