AB981: Bill Text

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AB981,29 Section 29. 345.61 of the statutes is repealed.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

AB981,33 Section 33. 757.05 (1) (d) of the statutes is repealed.

AB981,34 Section 34. 757.26 of the statutes is amended to read:

AB981,13,6 757.26 Court officers, liability of to arrest. The officers of the several courts of record shall be liable to arrest and may be held to bail confined or released in the same manner as other persons, except during the actual sitting of any court of which they are officers; and when sued with any other person such officers shall be liable to arrest and may be held to bail confined or released as other persons during the sitting of the court of which they are officers. No attorney or counselor may be exempt from arrest during the sitting of a court of which he or she is an officer unless he or she is employed in some case pending and then to be heard in the court.

AB981,35 Section 35. 757.34 of the statutes is repealed.

AB981,36 Section 36. 757.69 (1) (b) of the statutes is amended to read:

AB981,13,17 757.69 (1) (b) In criminal matters issue summonses, arrest warrants or search warrants, determine probable cause to support a warrantless arrest, conduct initial appearances of persons arrested, set bail, inform the defendant in accordance with s. 970.02 (1), refer the person to the authority for indigency determinations specified under s. 977.07 (1), conduct the preliminary examination and arraignment, and, with the consent of both the state and the defendant, accept a guilty plea. If a court refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court commissioner shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.

AB981,37 Section 37. 781.04 (1) of the statutes is amended to read:

AB981,13,21 781.04 (1) In an action or proceeding seeking the remedy available by habeas corpus, the court may admit order the prisoner to bail held or released in accordance with ch. 969.

AB981,38 Section 38. 782.18 of the statutes is amended to read:

AB981,14,4 782.18 Attachment may issue. In case of attachment an order may be issued to the officer or other person to whom such attachment is directed, commanding the officer or person to bring, forthwith, before the court or judge, the party for whose benefit such writ was allowed, who shall thereafter remain in the custody of such officer or other person, until discharged, bailed released on conditions, or remanded. In the execution of such attachment or order, the person executing it may call to the person's aid the power of the county.

AB981,39 Section 39. 782.23 of the statutes is amended to read:

AB981,14,11 782.23 Prisoner, when bailed released. If it appear that the prisoner has been legally committed for crime or if the prisoner appears, by the testimony offered with the return upon the hearing thereof, to be guilty of crime, although the commitment is irregular, the court or judge before whom the prisoner is brought shall release the prisoner on bail, if bailable and good bail be offered, or shall remand the prisoner.

AB981,40 Section 40. 782.29 of the statutes is amended to read:

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.