AB981: Bill Text

AB981,14,21 782.29 Proceedings in absence of prisoner; appearance by attorney. When from sickness or infirmity the prisoner cannot without danger be brought before the court or judge before whom the writ is made returnable the respondent may state that fact in the return, verifying the same by oath. If satisfied of the truth of such allegation and the return is otherwise sufficient, the court or judge shall proceed to dispose of the matter. The prisoner may appear by attorney and plead to the return. If it appears that the prisoner is illegally imprisoned the court or judge shall order discharge forthwith; but if it appears that the person is legally imprisoned and is not entitled to bail release all further proceedings thereon shall cease.

AB981,41 Section 41. 782.36 of the statutes is amended to read:

AB981,15,2 782.36 Proceedings for unlawful detention. If the person having such prisoner in custody shall be brought before such officer as for a criminal offense the person shall be examined, committed, bailed released on conditions, or discharged by such officer in like manner as in other criminal cases of the like nature.

AB981,42 Section 42. 784.05 of the statutes is amended to read:

AB981,15,15 784.05 When defendant held to bail arrested. If the action is brought against a person for usurping an office, the attorney general or person complaining, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightfully entitled to the office, with a statement of the person's right to the office. In such case, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office and by means of his or her usurpation of the office, an order may be granted by a judge of the circuit court, by a judge of the court of appeals or by a justice of the supreme court, if the action is pending therein, for the arrest of the defendant and holding him or her to bail; and thereupon the defendant shall be arrested and held to bail in the manner and with the same effect and subject to the same rights and liabilities as in other civil actions when the defendant is subject to arrest.

AB981,43 Section 43. 800.05 (1) of the statutes is amended to read:

AB981,15,21 800.05 (1) A defendant may file a written request for a substitution of a new judge for the municipal judge 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. The municipal judge against whom a request has been filed may set initial bail and accept a plea of not guilty.

AB981,44 Section 44. 800.11 (1) (i) of the statutes is repealed.

AB981,45 Section 45. 808.075 (4) (g) 1. of the statutes is amended to read:

AB981,15,24 808.075 (4) (g) 1. Release on bond under s. 809.31 or 969.01 (2).

AB981,46 Section 46. 808.075 (4) (g) 2. of the statutes is amended to read:

AB981,16,2 808.075 (4) (g) 2. Modification or revocation of bond release or a condition of release under s. 969.01 (2) (e) or 969.08.

AB981,47 Section 47. 809.31 (6) of the statutes is amended to read:

AB981,16,6 809.31 (6) The court ordering release shall require the defendant to post a bond in accordance with s. 969.09 and may impose other terms and conditions of release. The defendant shall file the bond in the trial court.

AB981,48 Section 48. 895.34 of the statutes is amended to read:

AB981,16,18 895.34 Renewal of sureties upon becoming insufficient and effects thereof. If any bail bond, recognizance, undertaking or other bond or undertaking given in any civil or criminal action or proceeding, becomes at any time insufficient, the court or judge thereof, municipal judge or any magistrate before whom such action or proceeding is pending, may, upon notice, require the plaintiff or defendant to give a new bond, recognizance or undertaking. Every person becoming surety on any such new bond, recognizance or undertaking is liable from the time the original was given, the same as if he or she had been the original surety. If any person fails to comply with the order made in the case the adverse party is entitled to any order, judgment, remedy or process to which he or she would have been entitled had no bond, recognizance or undertaking been given at any time.

AB981,49 Section 49. 895.346 of the statutes is amended to read:

AB981,17,2 895.346 Bail, deposit Deposit in lieu of bond. When any bond or undertaking is authorized in any civil or criminal action or proceeding, the would-be obligor may, in lieu thereof and with like legal effect, deposit with the proper court or officer cash or certified bank checks or U.S. bonds or bank certificates of deposit in an amount at least equal to the required security; and the receiver thereof shall give a receipt therefor and shall notify the payor bank of any deposits of bank certificates of deposit. Section 808.07 shall govern the procedure so far as applicable.

AB981,50 Section 50. 895.446 (4) of the statutes is amended to read:

AB981,17,6 895.446 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act or as recompense under s. 969.13 (5) (a), 2013 stats., for the same act.

AB981,51 Section 51. 911.01 (4) (c) of the statutes is amended to read:

AB981,17,16 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise as provided in ch. 969; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

AB981,52 Section 52. 938.18 (8) of the statutes is amended to read:

AB981,17,21 938.18 (8) Transfer to adult facility; bail release. When waiver is granted, the juvenile, if held in secure custody, shall be transferred to an appropriate officer or adult facility and shall be eligible for bail release in accordance with chs. 968 and 969.

AB981,53 Section 53. 938.35 (1) (cm) of the statutes is amended to read:

AB981,17,24 938.35 (1) (cm) In a court of civil or criminal jurisdiction for purposes of setting bail conditions of release under ch. 969 or impeaching a witness under s. 906.09.

AB981,54 Section 54. 940.48 (3) of the statutes is amended to read:

AB981,18,6 940.48 (3) By the revocation of any form of pretrial release or forfeiture of bail and the issuance of a bench warrant for the defendant's arrest or remanding the defendant to custody. After hearing and on substantial evidence, the revocation may be made whether the violation of order complained of has been committed by the defendant personally or was caused or encouraged to have been committed by the defendant.

AB981,55 Section 55. 940.49 of the statutes is amended to read:

AB981,18,13 940.49 Pretrial release. Any pretrial release of any defendant whether on bail or under any other form of recognizance shall be deemed to include a condition that the defendant neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by ss. 940.42 to 940.45 and any willful violation of the condition is subject to punishment as prescribed in s. 940.48 (3) whether or not the defendant was the subject of an order under s. 940.47.

AB981,56 Section 56. 943.245 (3m) of the statutes is amended to read:

AB981,18,19 943.245 (3m) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a), 2013 stats., for the same act and by any amount collected in connection with the act and paid to the plaintiff under a deferred prosecution agreement under s. 971.41.

AB981,57 Section 57. 943.51 (3r) of the statutes is amended to read:

AB981,18,23 943.51 (3r) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a), 2013 stats., for the same act.

AB981,58 Section 58. 946.49 (1) of the statutes is renumbered 946.49, and 946.49 (intro.), as renumbered, is amended to read:

AB981,19,3 946.49 Bail jumping Violations of conditions of release. (intro.) Whoever, having been released from custody under ch. 969, intentionally fails to comply with the terms of his or her bond conditions of his or her release is:

AB981,59 Section 59. 946.49 (2) of the statutes is repealed.

AB981,60 Section 60. 946.87 (2) (am) of the statutes is amended to read:

AB981,19,12 946.87 (2) (am) Notwithstanding par. (a), property described in par. (a) is subject to forfeiture if the person who violated s. 946.83 or 946.85 has not been convicted, but he or she is a defendant in a criminal proceeding, is released, pending trial, on bail, as defined in s. 969.001 pursuant to ch. 969, and fails to appear in court regarding the criminal proceeding. However, before making the final determination of any action under this section, the court must determine that the party bringing the action can prove the person committed the violation of s. 946.83 or 946.85.

AB981,61 Section 61. 950.04 (1v) (qm) of the statutes is repealed.

AB981,62 Section 62. 967.02 (3) of the statutes is repealed.

AB981,63 Section 63. 967.04 (1) of the statutes is amended to read:

AB981,19,25 967.04 (1) If it appears that a prospective witness may be unable to attend or prevented from attending a criminal trial or hearing, that the prospective witness's testimony is material and that it is necessary to take the prospective witness's deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment or information may upon motion and notice to the parties order that the prospective witness's testimony be taken by deposition and that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place. If a witness is committed pursuant to s. 969.01 (3), the court shall direct that the witness's deposition be taken upon notice to the parties. After the deposition has been subscribed, the court shall discharge the witness.

AB981,64 Section 64. 967.08 (1) of the statutes is amended to read:

AB981,20,14 967.08 (1) Unless good cause to the contrary is shown, proceedings referred to in this section may be conducted by telephone or live audiovisual means, if available. If the proceeding is required to be reported under SCR 71.01 (2), the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, setting, review, modification of bail and other conditions of release under ch. 969, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge.

AB981,65 Section 65. 967.08 (3) (a) of the statutes is amended to read:

AB981,20,17 967.08 (3) (a) Setting, review and modification of bail and other conditions of release under ch. 969.

AB981,66 Section 66. 968.075 (2m) of the statutes is amended to read:

AB981,20,22 968.075 (2m) Immediate release prohibited. Unless s. 968.08 applies, a law enforcement officer may not release a person whose arrest was required under sub. (2) until the person posts bail under s. 969.07 or appears before a judge under s. 970.01 (1).

AB981,67 Section 67. Chapter 969 (title) of the statutes is amended to read:

AB981,20,24 CHAPTER 969

AB981,21,2 bail and other conditions of pretrial release

AB981,68 Section 68. 969.001 (intro.) of the statutes is repealed.

AB981,69 Section 69. 969.001 (1) of the statutes is repealed.

AB981,70 Section 70. 969.001 (2) of the statutes is renumbered 969.01 (1g) and amended to read:

AB981,21,11 969.01 (1g) Definition. "Serious In this chapter, "serious bodily harm" means bodily injury which causes or contributes to the death of a human being or which creates a substantial risk of death or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

AB981,71 Section 71. 969.01 (1) of the statutes is renumbered 969.01 (1m) and amended to read:

AB981,21,22 969.01 (1m) Before conviction. Before conviction, except as provided in ss. 969.035 and 971.14 (1r), a defendant arrested for a criminal offense is eligible for release under reasonable conditions designed to assure his or her appearance in court, protect members of the community from serious bodily harm, or prevent the intimidation of witnesses. Bail may be imposed at or after the initial appearance only upon a finding by the court that there is a reasonable basis to believe that bail is necessary to assure appearance in court. In determining whether any conditions of release are appropriate, the judge shall first consider the likelihood of the defendant appearing for trial if released on his or her own recognizance.

AB981,72 Section 72. 969.01 (2) (a) of the statutes is amended to read:

AB981,22,3 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the discretion of the trial court after conviction and prior to sentencing or the granting of probation. This paragraph does not apply to a conviction for a 3rd or subsequent violation that is counted as a suspension, revocation, or conviction under s. 343.307, or under s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.

AB981,73 Section 73. 969.01 (3) of the statutes is repealed.

AB981,74 Section 74. 969.01 (4) of the statutes is renumbered 969.01 (4) (a) and amended to read:

AB981,22,13 969.01 (4) (a) If bail is imposed, it shall be only in the amount found necessary to assure the appearance of The court shall release the defendant. unless it finds, by clear and convincing evidence, that there is a substantial risk that the defendant will not appear for trial, will cause serious bodily harm to a member of the community, or intimidate a witness if he or she is released. The nature, number, and gravity of the offenses may not solely constitute sufficient reason for refusing to release the defendant.

AB981,23,6 (b) Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior record of criminal convictions and delinquency adjudications, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation, extended supervision or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail, as defined in s. 969.001 (1), 2013 stats., or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial. No judge may find that any monetary condition is necessary to assure the defendant's appearance in court.

AB981,75 Section 75. 969.02 (title) of the statutes is amended to read:

AB981,23,9 969.02 (title) Release Pretrial release of defendants charged with misdemeanors.

AB981,76 Section 76. 969.02 (1) of the statutes is repealed.

AB981,77 Section 77. 969.02 (2) of the statutes is repealed.

AB981,78 Section 78. 969.02 (2m) of the statutes is repealed.

AB981,79 Section 79. 969.02 (3) (intro.) of the statutes is amended to read:

AB981,23,16 969.02 (3) (intro.) In addition to or in lieu of the alternatives under subs. (1) and (2), the Upon determining that a defendant is eligible for pretrial release, a judge may:

AB981,80 Section 80. 969.02 (4m) of the statutes is amended to read:

AB981,23,20 969.02 (4m) Any person who is charged with a misdemeanor crime and released under this section shall comply with s. 940.49. The person shall be given written notice of this requirement.

AB981,81 Section 81. 969.02 (5) of the statutes is amended to read:

AB981,23,24 969.02 (5) Once bail has been given conditions of release are set and a charge is pending or is thereafter filed or transferred to another court, the latter court shall continue the original bail conditions in that court subject to s. 969.08.

AB981,82 Section 82. 969.02 (6) of the statutes is repealed.

AB981,83 Section 83. 969.02 (7) of the statutes is repealed.

AB981,84 Section 84. 969.02 (7m) of the statutes is repealed.

AB981,85 Section 85. 969.02 (8) of the statutes is repealed.

AB981,86 Section 86. 969.03 of the statutes is repealed.

AB981,87 Section 87. 969.035 (5) of the statutes is amended to read:

AB981,24,15 969.035 (5) A pretrial detention hearing is a hearing before a court for the purpose of determining if the continued detention of the defendant is justified. A pretrial detention hearing may be held in conjunction with a preliminary examination under s. 970.03 or a conditional release revocation hearing under s. 969.08 (5) (b), but separate findings shall be made by the court relating to the pretrial detention, preliminary examination and conditional release revocation. The pretrial detention hearing shall be commenced within 10 days from the date the defendant is detained or brought before the court under sub. (4). The defendant may not be denied release from custody in accordance with s. 969.03 969.02 for more than 10 days prior to the hearing required by this subsection.

AB981,88 Section 88. 969.035 (7) of the statutes is amended to read:

AB981,24,19 969.035 (7) If the court does not make the findings under sub. (6) (a) and (b) and the defendant is otherwise eligible, the defendant shall be released from custody with or without conditions in accordance with s. 969.03 969.02.

AB981,89 Section 89. 969.035 (8) of the statutes is amended to read:

AB981,24,25 969.035 (8) If the court makes the findings under sub. (6) (a) and (b), the court may deny bail to the defendant for an additional period not to exceed 60 days following the hearing. If the time period passes and the defendant is otherwise eligible, he or she shall be released from custody with or without conditions in accordance with s. 969.03 969.02.

AB981,90 Section 90. 969.035 (10) of the statutes is amended to read:

AB981,25,3 969.035 (10) The defendant may petition the court to be released from custody with or without conditions in accordance with s. 969.03 969.02 at any time.

AB981,91 Section 91. 969.04 of the statutes is repealed.