AB981: Bill Text

LRB-4583/1

PJH:amn&wlj

2015 - 2016 LEGISLATURE

2015 Assembly BILL 981

March 10, 2016 - Introduced by Representatives Goyke, Barnes, Bowen, Brostoff, Kessler, Berceau, Considine and Zamarripa, cosponsored by Senators C. Larson and L. Taylor. Referred to Committee on Judiciary.

AB981,2,8 An Act to repeal 59.52 (27), 165.755 (5), 302.46 (1) (d), 321.62 (2) (b), 345.23 (2) (d), 345.61, 757.05 (1) (d), 757.34, 800.11 (1) (i), 946.49 (2), 950.04 (1v) (qm), 967.02 (3), 969.001 (intro.), 969.001 (1), 969.01 (3), 969.02 (1), 969.02 (2), 969.02 (2m), 969.02 (6), 969.02 (7), 969.02 (7m), 969.02 (8), 969.03, 969.04, 969.05, 969.065, 969.07, 969.12, 969.13, 969.14 and 973.20 (9m); to renumber and amend 946.49 (1), 969.001 (2), 969.01 (1) and 969.01 (4); and to amend 16.846 (3), 29.03 (2) (d), 36.11 (1) (d), 83.016 (1), 103.60 (1), 114.09 (1) (b) 3., 114.105, 175.60 (3) (d), 175.60 (3) (d), 175.60 (9g) (a) 2., 175.60 (11) (a) 2. g., 175.60 (14) (am), 289.33 (3) (d), 301.03 (7m), 321.62 (2) (c), subchapter III (title) of chapter 345 [precedes 345.11], 345.11 (2), 345.20 (2) (b), 345.28 (5) (c) 2., 345.28 (7), 345.315 (1), 345.32, 345.36 (1), 348.22, 753.30 (3) (a) 1., 755.14 (2), 757.26, 757.69 (1) (b), 781.04 (1), 782.18, 782.23, 782.29, 782.36, 784.05, 800.05 (1), 808.075 (4) (g) 1., 808.075 (4) (g) 2., 809.31 (6), 895.34, 895.346, 895.446 (4), 911.01 (4) (c), 938.18 (8), 938.35 (1) (cm), 940.48 (3), 940.49, 943.245 (3m), 943.51 (3r), 946.87 (2) (am), 967.04 (1), 967.08 (1), 967.08 (3) (a), 968.075 (2m), chapter 969 (title), 969.01 (2) (a), 969.02 (title), 969.02 (3) (intro.), 969.02 (4m), 969.02 (5), 969.035 (5), 969.035 (7), 969.035 (8), 969.035 (10), 969.08 (title), 969.08 (1), 969.08 (2), 969.08 (5) (b) 3., 969.08 (5) (b) 4., 969.08 (8), 969.08 (9m), 969.09, 969.10, 969.11 (1), 969.11 (2), 970.02 (2), 970.03 (1), 970.03 (2), 971.14 (2) (am), 971.14 (2) (b), 971.14 (2) (d), 971.20 (9), 971.31 (6), 972.08 (2) and 973.15 (1) of the statutes; relating to: eliminating monetary bail as a condition of release in criminal proceedings.

Analysis by the Legislative Reference Bureau

This bill eliminates monetary bail as a condition of release for a defendant charged with, or convicted of, a crime.

Under current law, a defendant who has been arrested for a criminal offense or a defendant who has been convicted of a crime and is awaiting sentencing may be released with monetary bail as a condition of release. Monetary bail may be satisfied by the execution of a bail bond with sufficient sureties or by payment of the indicated amount in cash. Current law allows a court to impose other conditions of release, including limitations on travel and requirements for the defendant to avoid alcohol or controlled substances, to avoid contact with certain persons, and to participate in certain programs. If the defendant fails to appear in subsequent proceedings or violates a condition of release, he or she forfeits the monetary bail.

Under the bill, a court is required to release a defendant before trial unless it finds, by clear and convincing evidence, that there is a substantial risk that the defendant will not appear for trial or will cause serious bodily harm to a member of the community or intimidate a witness if he or she is released. Under the bill, the court may not use the nature, number, and gravity of the offenses as the sole sufficient reason for refusing to release the defendant.

The bill also eliminates the practice of imposing a monetary bail on a witness to ensure the witness's appearance at trial, eliminates the use of monetary bail to compensate victims of crimes, and eliminates the use of monetary bail as a means of securing a person's appearance in a civil forfeiture action.

The bill allows the court to set nonmonetary conditions of release for defendants and for persons convicted of a crime but not sentenced or ordered to release upon or pending appeal.

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:

AB981,1 Section 1. 16.846 (3) of the statutes is amended to read:

AB981,3,6 16.846 (3) All fines imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with s. 59.25 (3) (f) and (j). All forfeitures, including forfeitures of posted bail, if any, imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with ss. 778.13 and 778.17.

AB981,2 Section 2. 29.03 (2) (d) of the statutes is amended to read:

AB981,3,14 29.03 (2) (d) "Conviction" means a conviction, including any court conviction, for any offense related to the preservation, protection, management, or restoration of wildlife that is prohibited by state law, regulation, ordinance, resolution, or administrative rule. "Conviction" shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with having committed the offense, the payment of a penalty assessment or surcharge, a plea of no contest, and the imposition of a deferred or suspended sentence by a court.

AB981,3 Section 3. 36.11 (1) (d) of the statutes is amended to read:

AB981,3,20 36.11 (1) (d) All fines imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with s. 59.25 (3) (f) and (j). All forfeitures, including forfeitures of posted bail if any, imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with ss. 778.13 and 778.17.

AB981,4 Section 4. 59.52 (27) of the statutes is repealed.

AB981,5 Section 5. 83.016 (1) of the statutes is amended to read:

AB981,4,15 83.016 (1) The county board, or one of its committees to which it may delegate such authority, may appoint traffic officers for the enforcement of laws relating to the highways or their use, or the maintenance of order upon or near the highways. Traffic officers may arrest without warrant any person who, in their presence, violates any law relating to highways or the maintenance of order upon or near highways. Any traffic officer, sheriff, constable or other police officer may make such arrest without warrant on the request of any other traffic officer, sheriff, constable or police officer in whose presence any such offense has been committed. The appointment of any traffic officer may be revoked at any time by the county board or one of its committees to which it may delegate such authority. No traffic officer shall receive or accept from or for any person he or she has arrested , any money or other thing of value, as or in lieu of bail or for the person's appearance before a court, or to cover or be applied to the payment of fines or costs, or as a condition of such person's release.

AB981,6 Section 6. 103.60 (1) of the statutes is amended to read:

AB981,4,18 103.60 (1) The rights to bail release that are accorded to persons accused of a crime.

AB981,7 Section 7. 114.09 (1) (b) 3. of the statutes is amended to read:

AB981,4,22 114.09 (1) (b) 3. The court shall make a written report of all convictions, including bail or appearance money forfeitures, obtained under this section to the department, which shall send the report to the proper federal agency.

AB981,8 Section 8. 114.105 of the statutes is amended to read:

AB981,5,8 114.105 Local regulation. Any county, town, city or village may adopt any ordinance in strict conformity with the provisions of this chapter and impose the same penalty for violation of any of its provisions except that such ordinance shall not provide for the suspension or revocation of pilot or aircraft licenses or certificates and shall not provide for imprisonment except for failure to pay any fine which may be imposed. No local authority shall enact any ordinance governing aircraft or aeronautics or spacecraft or astronautics contrary to or inconsistent with the provisions of this chapter or federal law. Every court in which a violation of such ordinance is prosecuted shall make a written report of any conviction (including bail or appearance money forfeiture) to the federal aviation administration.

AB981,9 Section 9. 165.755 (5) of the statutes is repealed.

AB981,10 Section 10. 175.60 (3) (d) of the statutes is amended to read:

AB981,5,12 175.60 (3) (d) The court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats.

AB981,11 Section 11. 175.60 (3) (d) of the statutes is amended to read:

AB981,5,15 175.60 (3) (d) The court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c), 2013 stats.

AB981,12 Section 12. 175.60 (9g) (a) 2. of the statutes is amended to read:

AB981,6,9 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 806.247 (3); and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats. and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

AB981,13 Section 13. 175.60 (11) (a) 2. g. of the statutes is amended to read:

AB981,6,12 175.60 (11) (a) 2. g. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats.

AB981,14 Section 14. 175.60 (14) (am) of the statutes is amended to read:

AB981,6,21 175.60 (14) (am) The department shall suspend a license issued under this section if a court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c). If the individual whose license was suspended is no longer subject to the prohibition under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats., whichever is applicable, sub. (3) (b), (c), (d), (e), (f), or (g) does not apply to the individual, and the suspended license would not have expired under sub. (15) (a) had it not been suspended, the department shall restore the license within 5 business days of notification that the licensee is no longer subject to the prohibition.

AB981,15 Section 15. 289.33 (3) (d) of the statutes is amended to read:

AB981,7,15 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), and (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

AB981,16 Section 16. 301.03 (7m) of the statutes is amended to read:

AB981,7,20 301.03 (7m) Supervise criminal defendants accepted into the custody of the department under s. 969.02 (3) (a) or s. 969.03 (1) (a), 2013 stats. The department shall charge the county that is prosecuting the defendant a fee for providing this supervision. The department shall set the fee by rule.

AB981,17 Section 17. 302.46 (1) (d) of the statutes is repealed.

AB981,18 Section 18. 321.62 (2) (b) of the statutes is repealed.

AB981,19 Section 19. 321.62 (2) (c) of the statutes is amended to read:

AB981,8,7 321.62 (2) (c) A surety, guarantor, endorser, or other person subject to the obligation, liability, court action, order, writ, or judgment under par. (a) or (b) may waive in writing the rights afforded by this subsection, except that the waiver is not valid unless the waiver is executed as an instrument separate from the obligation, liability, court action, order, writ, or judgment. The waiver under this paragraph is not valid after the beginning of the period of state active duty if executed by a service member who subsequently is ordered into state active duty. The waiver under this paragraph is not valid if executed by a dependent of a service member unless the waiver is executed during the period of state active duty.

AB981,20 Section 20. Subchapter III (title) of chapter 345 [precedes 345.11] of the statutes is amended to read:

AB981,8,10 CHAPTER 345

AB981,8,11 SUBCHAPTER III

AB981,8,12 ARRESTS, BAIL, PENALTIES

AB981,21 Section 21. 345.11 (2) of the statutes is amended to read:

AB981,8,23 345.11 (2) The uniform traffic citation shall be on a form or in an automated format recommended by the council on uniformity of traffic citations and complaints and shall consist of a court report, a report of conviction for the department, a police record and report of action on the case and a traffic citation. The form or automated format shall provide for the name, address, birth date, operator's license number of the alleged violator if known, the license number of the vehicle, the offense alleged, the time and place of the offense, the section of the statute or ordinance violated, the amount of deposit or bail for the offense, a designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so, and any other information as may be pertinent to the offense.

AB981,22 Section 22. 345.20 (2) (b) of the statutes is amended to read:

AB981,9,6 345.20 (2) (b) The trial of forfeiture actions in municipal court for the violation of traffic regulations shall be governed by ch. 800. Provisions relating to the uniform traffic citation in s. 345.11, to arrests in ss. 345.21 to 345.24, to deposits and pleas of no contest under s. 345.26, and to the authority of the court under ss. 345.37, 345.47, 345.48 and 345.50 and to guaranteed arrest bonds under s. 345.61 apply to violations of ordinances to be tried in municipal court.

AB981,23 Section 23. 345.23 (2) (d) of the statutes is repealed.

AB981,24 Section 24. 345.28 (5) (c) 2. of the statutes is amended to read:

AB981,9,25 345.28 (5) (c) 2. If the person who was contacted under par. (b) 2. and who has deposited his or her operator's license fails to appear in court at the date specified by the officer under par. (b) 2. a. or set under s. 345.32, 345.34 or 345.36 or at any subsequent court appearance for the nonmoving traffic violation, the person may be deemed to have entered a plea of no contest. The court may accept the plea of no contest, find the defendant guilty and, except as limited by sub. (6), proceed under s. 345.47. If the court enters judgment under s. 345.47 (1), the court shall give notice of the entry of judgment to the defendant by mailing a copy of the judgment to the defendant's last-known address. The court shall also mail to the defendant's last-known address a statement setting forth the actions the court may take under s. 345.47 if the judgment is not paid. In lieu of accepting the plea of no contest, the court may issue a warrant commanding that the person be arrested and brought before the court. Unless the case is tried immediately with the person's consent, any person who is arrested on a warrant issued under this subdivision may shall be released on his or her own recognizance or on posting bond or may be released without bail and shall be released if the person posts cash bail for his or her appearance. The court may retain the person's license, but the person's operating privilege may not be suspended until after judgment is entered under s. 345.47 and the judgment is not paid.

AB981,25 Section 25. 345.28 (7) of the statutes is amended to read:

AB981,10,13 345.28 (7) Nothing in this section prevents a court from issuing a warrant under s. 345.36 or 345.37 if the person appears in court in response to a citation for a nonmoving traffic violation or after notice by the authority who issued the citation or the department under sub. (4) with respect to the citation or on the date specified by the officer or the court under sub. (5) and then fails to appear in court at any time fixed by subsequent postponement. Unless the case is tried immediately with the person's consent, any person who is arrested on a warrant issued under this subsection may shall be released on his or her own recognizance or on posting bond or may be released without bail and shall be released if the person posts cash bail for his or her appearance.

AB981,26 Section 26. 345.315 (1) of the statutes is amended to read:

AB981,11,4 345.315 (1) In traffic regulation and nonmoving traffic violation cases a person charged with a violation may file a written request for a substitution of a different judge for the judge originally assigned to the trial of that case. The written request shall be filed not later than 7 days after the initial appearance in person or by an attorney. If a new judge is assigned to the trial of a case and the defendant has not exercised the right to substitute an assigned judge, a written request for the substitution of the new judge may be filed within 10 days of the giving of actual notice or sending of the notice of assignment to the defendant or the defendant's attorney. If the notification occurs within 10 days of the date set for trial, the request shall be filed within 48 hours of the giving of actual notice or sending of the notice of assignment to the defendant or the defendant's attorney. If the notification occurs within 48 hours of the trial or if there has been no notification, the defendant may make an oral or written request for substitution prior to the commencement of the proceedings. The judge against whom a request has been filed may set initial bail and accept a plea.

AB981,27 Section 27. 345.32 of the statutes is amended to read:

AB981,11,14 345.32 Initial appearance before judge. If a defendant is arrested and brought without unreasonable delay before a judge who, or a court which, does not have jurisdiction to try the case, the defendant shall be committed to await trial in a court with jurisdiction and all papers shall be sent forthwith to that court. In lieu of commitment, the judge may or the court to which the case is sent shall release the defendant if the defendant posts bond for the defendant's appearance in such court, or the judge may release the defendant on the defendant's recognizance for such appearance, or the judge may release the defendant without bail. The court to which the case is sent may similarly release the defendant.

AB981,28 Section 28. 345.36 (1) of the statutes is amended to read:

AB981,11,20 345.36 (1) If the defendant pleads not guilty and requests a continuance the court shall set a date for trial or advise the defendant that notice will later be sent of the date set for trial. The court shall may release the defendant if he or she posts an appearance bond, or the court may release the defendant on recognizance or without bail. A defendant not so released shall be committed to jail to await trial.

AB981,29 Section 29. 345.61 of the statutes is repealed.

AB981,30 Section 30. 348.22 of the statutes is amended to read:

AB981,12,4 348.22 Courts to report weight violation convictions. Whenever any owner or operator is convicted of violating ss. 348.15 to 348.17 or any local ordinance in conformity with ss. 348.15 to 348.17 or any ordinance enacted under s. 349.15 (3), the clerk of the court in which the conviction occurred, or the judge or municipal judge, if the court has no clerk, shall, within 48 hours after the conviction, forward a record of conviction to the department. Forfeiture of bail or appearance money or payment of a fine is a conviction within the meaning of this section.

AB981,31 Section 31. 753.30 (3) (a) 1. of the statutes is amended to read:

AB981,12,17 753.30 (3) (a) 1. The assistant chief deputy clerk or one of his or her deputies shall be present at each session of the circuit court assigned criminal and traffic cases and shall perform all ministerial acts required by and under the direction of the judges, and when the court is not in session, may take bail for the appearance of any person under arrest before the courts for a misdemeanor or a traffic violation, subject to revision by the courts; the clerk or one of his or her deputies, shall issue all processes under the clerk's hand and the seal of the court and attest it in the name of the judge, signing it by the title of office, and shall tax costs; the clerk or one of his or her deputies, may issue warrants upon complaint filed in writing and upon oath in all cases. The complaints, warrants, recognizance, commitments, attachments, venires, subpoenas and all other writs and papers in the courts shall be in substance in the form provided by rules duly adopted and published by the judicial conference.

AB981,32 Section 32. 755.14 (2) of the statutes is amended to read:

AB981,12,21 755.14 (2) For any pending or appealable cases, the bail shall be delivered along with the case file to the proper clerk of court. Any other moneys received under sub. (1) shall be delivered to the municipal treasurer as provided in s. 800.10 (2).