AB981,3 15Section 3. 36.11 (1) (d) of the statutes is amended to read:
AB981,3,2016 36.11 (1) (d) All fines imposed and collected under this subsection shall be
17transmitted to the county treasurer for disposition in accordance with s. 59.25 (3) (f)
18and (j). All forfeitures, including forfeitures of posted bail if any, imposed and
19collected under this subsection shall be transmitted to the county treasurer for
20disposition in accordance with ss. 778.13 and 778.17.
AB981,4 21Section 4. 59.52 (27) of the statutes is repealed.
AB981,5
1Section 5. 83.016 (1) of the statutes is amended to read:
AB981,4,152 83.016 (1) The county board, or one of its committees to which it may delegate
3such authority, may appoint traffic officers for the enforcement of laws relating to the
4highways or their use, or the maintenance of order upon or near the highways.
5Traffic officers may arrest without warrant any person who, in their presence,
6violates any law relating to highways or the maintenance of order upon or near
7highways. Any traffic officer, sheriff, constable or other police officer may make such
8arrest without warrant on the request of any other traffic officer, sheriff, constable
9or police officer in whose presence any such offense has been committed. The
10appointment of any traffic officer may be revoked at any time by the county board
11or one of its committees to which it may delegate such authority. No traffic officer
12shall receive or accept from or for any person he or she has arrested , any money or
13other thing of value, as or in lieu of bail or for the person's appearance before a court,
14or
to cover or be applied to the payment of fines or costs, or as a condition of such
15person's release.
AB981,6 16Section 6. 103.60 (1) of the statutes is amended to read:
AB981,4,1817 103.60 (1) The rights to bail release that are accorded to persons accused of a
18crime.
AB981,7 19Section 7. 114.09 (1) (b) 3. of the statutes is amended to read:
AB981,4,2220 114.09 (1) (b) 3. The court shall make a written report of all convictions,
21including bail or appearance money forfeitures,
obtained under this section to the
22department, which shall send the report to the proper federal agency.
AB981,8 23Section 8. 114.105 of the statutes is amended to read:
AB981,5,8 24114.105 Local regulation. Any county, town, city or village may adopt any
25ordinance in strict conformity with the provisions of this chapter and impose the

1same penalty for violation of any of its provisions except that such ordinance shall
2not provide for the suspension or revocation of pilot or aircraft licenses or certificates
3and shall not provide for imprisonment except for failure to pay any fine which may
4be imposed. No local authority shall enact any ordinance governing aircraft or
5aeronautics or spacecraft or astronautics contrary to or inconsistent with the
6provisions of this chapter or federal law. Every court in which a violation of such
7ordinance is prosecuted shall make a written report of any conviction (including bail
8or appearance money forfeiture)
to the federal aviation administration.
AB981,9 9Section 9. 165.755 (5) of the statutes is repealed.
AB981,10 10Section 10. 175.60 (3) (d) of the statutes is amended to read:
AB981,5,1211 175.60 (3) (d) The court has prohibited the individual from possessing a
12dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats.
AB981,11 13Section 11. 175.60 (3) (d) of the statutes is amended to read:
AB981,5,1514 175.60 (3) (d) The court has prohibited the individual from possessing a
15dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c), 2013 stats.
AB981,12 16Section 12. 175.60 (9g) (a) 2. of the statutes is amended to read:
AB981,6,917 175.60 (9g) (a) 2. The department shall conduct a criminal history record
18search and shall search its records and conduct a search in the national instant
19criminal background check system to determine whether the applicant is prohibited
20from possessing a firearm under federal law; whether the applicant is prohibited
21from possessing a firearm under s. 941.29; whether the applicant is prohibited from
22possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
23has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
2454.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
25under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued

1by a court established by any federally recognized Wisconsin Indian tribe or band,
2except the Menominee Indian tribe of Wisconsin, that includes notice to the
3respondent that he or she is subject to the requirements and penalties under s.
4941.29 and that has been filed with the circuit court under s. 806.247 (3); and
5whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m)
6or 813.125 (4m); and to determine if the court has prohibited the applicant from
7possessing a dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats.
8and if the applicant is prohibited from possessing a dangerous weapon as a condition
9of release under s. 969.01.
AB981,13 10Section 13. 175.60 (11) (a) 2. g. of the statutes is amended to read:
AB981,6,1211 175.60 (11) (a) 2. g. A court has prohibited the individual from possessing a
12dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats.
AB981,14 13Section 14. 175.60 (14) (am) of the statutes is amended to read:
AB981,6,2114 175.60 (14) (am) The department shall suspend a license issued under this
15section if a court has prohibited the licensee from possessing a dangerous weapon
16under s. 969.02 (3) (c) or 969.03 (1) (c). If the individual whose license was suspended
17is no longer subject to the prohibition under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013
18stats.
, whichever is applicable, sub. (3) (b), (c), (d), (e), (f), or (g) does not apply to the
19individual, and the suspended license would not have expired under sub. (15) (a) had
20it not been suspended, the department shall restore the license within 5 business
21days of notification that the licensee is no longer subject to the prohibition.
AB981,15 22Section 15. 289.33 (3) (d) of the statutes is amended to read:
AB981,7,1523 289.33 (3) (d) "Local approval" includes any requirement for a permit, license,
24authorization, approval, variance or exception or any restriction, condition of
25approval or other restriction, regulation, requirement or prohibition imposed by a

1charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
2a town, city, village, county or special purpose district, including without limitation
3because of enumeration any ordinance, resolution or regulation adopted under s.
491.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
5(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
6(25), and (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15),
7(19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8),
8(10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3),
9(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
1059.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
11(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
12and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
1361.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
1487.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
15of ch. 91.
AB981,16 16Section 16. 301.03 (7m) of the statutes is amended to read:
AB981,7,2017 301.03 (7m) Supervise criminal defendants accepted into the custody of the
18department under s. 969.02 (3) (a) or s. 969.03 (1) (a), 2013 stats. The department
19shall charge the county that is prosecuting the defendant a fee for providing this
20supervision. The department shall set the fee by rule.
AB981,17 21Section 17. 302.46 (1) (d) of the statutes is repealed.
AB981,18 22Section 18. 321.62 (2) (b) of the statutes is repealed.
AB981,19 23Section 19. 321.62 (2) (c) of the statutes is amended to read:
AB981,8,724 321.62 (2) (c) A surety, guarantor, endorser, or other person subject to the
25obligation, liability, court action, order, writ, or judgment under par. (a) or (b) may

1waive in writing the rights afforded by this subsection, except that the waiver is not
2valid unless the waiver is executed as an instrument separate from the obligation,
3liability, court action, order, writ, or judgment. The waiver under this paragraph is
4not valid after the beginning of the period of state active duty if executed by a service
5member who subsequently is ordered into state active duty. The waiver under this
6paragraph is not valid if executed by a dependent of a service member unless the
7waiver is executed during the period of state active duty.
AB981,20 8Section 20. Subchapter III (title) of chapter 345 [precedes 345.11] of the
9statutes is amended to read:
AB981,8,1010 CHAPTER 345
AB981,8,1111 SUBCHAPTER III
AB981,8,1212 ARRESTS, BAIL, PENALTIES
AB981,21 13Section 21. 345.11 (2) of the statutes is amended to read:
AB981,8,2314 345.11 (2) The uniform traffic citation shall be on a form or in an automated
15format recommended by the council on uniformity of traffic citations and complaints
16and shall consist of a court report, a report of conviction for the department, a police
17record and report of action on the case and a traffic citation. The form or automated
18format shall provide for the name, address, birth date, operator's license number of
19the alleged violator if known, the license number of the vehicle, the offense alleged,
20the time and place of the offense, the section of the statute or ordinance violated, the
21amount of deposit or bail for the offense, a designation of the offense in such manner
22as can be readily understood by a person making a reasonable effort to do so, and any
23other information as may be pertinent to the offense.
AB981,22 24Section 22. 345.20 (2) (b) of the statutes is amended to read:
AB981,9,6
1345.20 (2) (b) The trial of forfeiture actions in municipal court for the violation
2of traffic regulations shall be governed by ch. 800. Provisions relating to the uniform
3traffic citation in s. 345.11, to arrests in ss. 345.21 to 345.24, to deposits and pleas
4of no contest under s. 345.26, and to the authority of the court under ss. 345.37,
5345.47, 345.48 and 345.50 and to guaranteed arrest bonds under s. 345.61 apply to
6violations of ordinances to be tried in municipal court.
AB981,23 7Section 23. 345.23 (2) (d) of the statutes is repealed.
AB981,24 8Section 24. 345.28 (5) (c) 2. of the statutes is amended to read:
AB981,9,259 345.28 (5) (c) 2. If the person who was contacted under par. (b) 2. and who has
10deposited his or her operator's license fails to appear in court at the date specified
11by the officer under par. (b) 2. a. or set under s. 345.32, 345.34 or 345.36 or at any
12subsequent court appearance for the nonmoving traffic violation, the person may be
13deemed to have entered a plea of no contest. The court may accept the plea of no
14contest, find the defendant guilty and, except as limited by sub. (6), proceed under
15s. 345.47. If the court enters judgment under s. 345.47 (1), the court shall give notice
16of the entry of judgment to the defendant by mailing a copy of the judgment to the
17defendant's last-known address. The court shall also mail to the defendant's
18last-known address a statement setting forth the actions the court may take under
19s. 345.47 if the judgment is not paid. In lieu of accepting the plea of no contest, the
20court may issue a warrant commanding that the person be arrested and brought
21before the court. Unless the case is tried immediately with the person's consent, any
22person who is arrested on a warrant issued under this subdivision may shall be
23released on his or her own recognizance or on posting bond or may be released
24without bail and shall be released if the person posts cash bail for his or her
25appearance
. The court may retain the person's license, but the person's operating

1privilege may not be suspended until after judgment is entered under s. 345.47 and
2the judgment is not paid.
AB981,25 3Section 25. 345.28 (7) of the statutes is amended to read:
AB981,10,134 345.28 (7) Nothing in this section prevents a court from issuing a warrant
5under s. 345.36 or 345.37 if the person appears in court in response to a citation for
6a nonmoving traffic violation or after notice by the authority who issued the citation
7or the department under sub. (4) with respect to the citation or on the date specified
8by the officer or the court under sub. (5) and then fails to appear in court at any time
9fixed by subsequent postponement. Unless the case is tried immediately with the
10person's consent, any person who is arrested on a warrant issued under this
11subsection may shall be released on his or her own recognizance or on posting bond
12or may be released without bail and shall be released if the person posts cash bail for
13his or her appearance
.
AB981,26 14Section 26. 345.315 (1) of the statutes is amended to read:
AB981,11,415 345.315 (1) In traffic regulation and nonmoving traffic violation cases a person
16charged with a violation may file a written request for a substitution of a different
17judge for the judge originally assigned to the trial of that case. The written request
18shall be filed not later than 7 days after the initial appearance in person or by an
19attorney. If a new judge is assigned to the trial of a case and the defendant has not
20exercised the right to substitute an assigned judge, a written request for the
21substitution of the new judge may be filed within 10 days of the giving of actual notice
22or sending of the notice of assignment to the defendant or the defendant's attorney.
23If the notification occurs within 10 days of the date set for trial, the request shall be
24filed within 48 hours of the giving of actual notice or sending of the notice of
25assignment to the defendant or the defendant's attorney. If the notification occurs

1within 48 hours of the trial or if there has been no notification, the defendant may
2make an oral or written request for substitution prior to the commencement of the
3proceedings. The judge against whom a request has been filed may set initial bail
4and
accept a plea.
AB981,27 5Section 27. 345.32 of the statutes is amended to read:
AB981,11,14 6345.32 Initial appearance before judge. If a defendant is arrested and
7brought without unreasonable delay before a judge who, or a court which, does not
8have jurisdiction to try the case, the defendant shall be committed to await trial in
9a court with jurisdiction and all papers shall be sent forthwith to that court. In lieu
10of commitment, the judge may or the court to which the case is sent shall release the
11defendant if the defendant posts bond for the defendant's appearance in such court,
12or the judge may release the defendant
on the defendant's recognizance for such
13appearance, or the judge may release the defendant without bail. The court to which
14the case is sent may similarly release the defendant
.
AB981,28 15Section 28. 345.36 (1) of the statutes is amended to read:
AB981,11,2016 345.36 (1) If the defendant pleads not guilty and requests a continuance the
17court shall set a date for trial or advise the defendant that notice will later be sent
18of the date set for trial. The court shall may release the defendant if he or she posts
19an appearance bond, or the court may release the defendant
on recognizance or
20without bail
. A defendant not so released shall be committed to jail to await trial.
AB981,29 21Section 29. 345.61 of the statutes is repealed.
AB981,30 22Section 30. 348.22 of the statutes is amended to read:
AB981,12,4 23348.22 Courts to report weight violation convictions. Whenever any
24owner or operator is convicted of violating ss. 348.15 to 348.17 or any local ordinance
25in conformity with ss. 348.15 to 348.17 or any ordinance enacted under s. 349.15 (3),

1the clerk of the court in which the conviction occurred, or the judge or municipal
2judge, if the court has no clerk, shall, within 48 hours after the conviction, forward
3a record of conviction to the department. Forfeiture of bail or appearance money or
4payment of a fine is a conviction within the meaning of this section.
AB981,31 5Section 31. 753.30 (3) (a) 1. of the statutes is amended to read:
AB981,12,176 753.30 (3) (a) 1. The assistant chief deputy clerk or one of his or her deputies
7shall be present at each session of the circuit court assigned criminal and traffic cases
8and shall perform all ministerial acts required by and under the direction of the
9judges, and when the court is not in session, may take bail for the appearance of any
10person under arrest before the courts for a misdemeanor or a traffic violation, subject
11to revision by the courts; the clerk or one of his or her deputies,
shall issue all
12processes under the clerk's hand and the seal of the court and attest it in the name
13of the judge, signing it by the title of office, and shall tax costs; the clerk or one of his
14or her deputies, may issue warrants upon complaint filed in writing and upon oath
15in all cases. The complaints, warrants, recognizance, commitments, attachments,
16venires, subpoenas and all other writs and papers in the courts shall be in substance
17in the form provided by rules duly adopted and published by the judicial conference.
AB981,32 18Section 32. 755.14 (2) of the statutes is amended to read:
AB981,12,2119 755.14 (2) For any pending or appealable cases, the bail shall be delivered
20along with the case file to the proper clerk of court.
Any other moneys received under
21sub. (1) shall be delivered to the municipal treasurer as provided in s. 800.10 (2).
AB981,33 22Section 33. 757.05 (1) (d) of the statutes is repealed.
AB981,34 23Section 34. 757.26 of the statutes is amended to read:
AB981,13,6 24757.26 Court officers, liability of to arrest. The officers of the several
25courts of record shall be liable to arrest and may be held to bail confined or released

1in the same manner as other persons, except during the actual sitting of any court
2of which they are officers; and when sued with any other person such officers shall
3be liable to arrest and may be held to bail confined or released as other persons during
4the sitting of the court of which they are officers. No attorney or counselor may be
5exempt from arrest during the sitting of a court of which he or she is an officer unless
6he or she is employed in some case pending and then to be heard in the court.
AB981,35 7Section 35. 757.34 of the statutes is repealed.
AB981,36 8Section 36. 757.69 (1) (b) of the statutes is amended to read:
AB981,13,179 757.69 (1) (b) In criminal matters issue summonses, arrest warrants or search
10warrants, determine probable cause to support a warrantless arrest, conduct initial
11appearances of persons arrested, set bail, inform the defendant in accordance with
12s. 970.02 (1), refer the person to the authority for indigency determinations specified
13under s. 977.07 (1), conduct the preliminary examination and arraignment, and,
14with the consent of both the state and the defendant, accept a guilty plea. If a court
15refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court
16commissioner shall conduct the hearing on the matter in accordance with s. 973.20
17(13) (c) 4.
AB981,37 18Section 37. 781.04 (1) of the statutes is amended to read:
AB981,13,2119 781.04 (1) In an action or proceeding seeking the remedy available by habeas
20corpus, the court may admit order the prisoner to bail held or released in accordance
21with ch. 969.
AB981,38 22Section 38. 782.18 of the statutes is amended to read:
AB981,14,4 23782.18 Attachment may issue. In case of attachment an order may be issued
24to the officer or other person to whom such attachment is directed, commanding the
25officer or person to bring, forthwith, before the court or judge, the party for whose

1benefit such writ was allowed, who shall thereafter remain in the custody of such
2officer or other person, until discharged, bailed released on conditions, or remanded.
3In the execution of such attachment or order, the person executing it may call to the
4person's aid the power of the county.
AB981,39 5Section 39. 782.23 of the statutes is amended to read:
AB981,14,11 6782.23 Prisoner, when bailed released. If it appear that the prisoner has
7been legally committed for crime or if the prisoner appears, by the testimony offered
8with the return upon the hearing thereof, to be guilty of crime, although the
9commitment is irregular, the court or judge before whom the prisoner is brought shall
10release the prisoner on bail, if bailable and good bail be offered, or shall remand the
11prisoner.
AB981,40 12Section 40. 782.29 of the statutes is amended to read:
AB981,14,21 13782.29 Proceedings in absence of prisoner; appearance by attorney.
14When from sickness or infirmity the prisoner cannot without danger be brought
15before the court or judge before whom the writ is made returnable the respondent
16may state that fact in the return, verifying the same by oath. If satisfied of the truth
17of such allegation and the return is otherwise sufficient, the court or judge shall
18proceed to dispose of the matter. The prisoner may appear by attorney and plead to
19the return. If it appears that the prisoner is illegally imprisoned the court or judge
20shall order discharge forthwith; but if it appears that the person is legally imprisoned
21and is not entitled to bail release all further proceedings thereon shall cease.
AB981,41 22Section 41. 782.36 of the statutes is amended to read:
AB981,15,2 23782.36 Proceedings for unlawful detention. If the person having such
24prisoner in custody shall be brought before such officer as for a criminal offense the

1person shall be examined, committed, bailed released on conditions, or discharged
2by such officer in like manner as in other criminal cases of the like nature.
AB981,42 3Section 42. 784.05 of the statutes is amended to read:
AB981,15,15 4784.05 When defendant held to bail arrested. If the action is brought
5against a person for usurping an office, the attorney general or person complaining,
6in addition to the statement of the cause of action, may also set forth in the complaint
7the name of the person rightfully entitled to the office, with a statement of the
8person's right to the office. In such case, upon proof by affidavit that the defendant
9has received fees or emoluments belonging to the office and by means of his or her
10usurpation of the office, an order may be granted by a judge of the circuit court, by
11a judge of the court of appeals or by a justice of the supreme court, if the action is
12pending therein, for the arrest of the defendant and holding him or her to bail; and
13thereupon the defendant shall be arrested and held to bail in the manner and with
14the same effect and subject to the same rights and liabilities as in other civil actions
15when the defendant is subject to arrest.
AB981,43 16Section 43. 800.05 (1) of the statutes is amended to read:
AB981,15,2117 800.05 (1) A defendant may file a written request for a substitution of a new
18judge for the municipal judge assigned to the trial of that case. The written request
19shall be filed not later than 7 days after the initial appearance in person or by an
20attorney. The municipal judge against whom a request has been filed may set initial
21bail and
accept a plea of not guilty.
AB981,44 22Section 44. 800.11 (1) (i) of the statutes is repealed.
AB981,45 23Section 45. 808.075 (4) (g) 1. of the statutes is amended to read:
AB981,15,2424 808.075 (4) (g) 1. Release on bond under s. 809.31 or 969.01 (2).
AB981,46 25Section 46. 808.075 (4) (g) 2. of the statutes is amended to read:
AB981,16,2
1808.075 (4) (g) 2. Modification or revocation of bond release or a condition of
2release
under s. 969.01 (2) (e) or 969.08.
AB981,47 3Section 47. 809.31 (6) of the statutes is amended to read:
AB981,16,64 809.31 (6) The court ordering release shall require the defendant to post a bond
5in accordance with s. 969.09 and
may impose other terms and conditions of release.
6The defendant shall file the bond in the trial court.
AB981,48 7Section 48. 895.34 of the statutes is amended to read:
AB981,16,18 8895.34 Renewal of sureties upon becoming insufficient and effects
9thereof.
If any bail bond, recognizance, undertaking or other bond or undertaking
10given in any civil or criminal action or proceeding, becomes at any time insufficient,
11the court or judge thereof, municipal judge or any magistrate before whom such
12action or proceeding is pending, may, upon notice, require the plaintiff or defendant
13to give a new bond, recognizance or undertaking. Every person becoming surety on
14any such new bond, recognizance or undertaking is liable from the time the original
15was given, the same as if he or she had been the original surety. If any person fails
16to comply with the order made in the case the adverse party is entitled to any order,
17judgment, remedy or process to which he or she would have been entitled had no
18bond, recognizance or undertaking been given at any time.
AB981,49 19Section 49. 895.346 of the statutes is amended to read:
AB981,17,2 20895.346 Bail, deposit Deposit in lieu of bond. When any bond or
21undertaking is authorized in any civil or criminal action or proceeding, the would-be
22obligor may, in lieu thereof and with like legal effect, deposit with the proper court
23or officer cash or certified bank checks or U.S. bonds or bank certificates of deposit
24in an amount at least equal to the required security; and the receiver thereof shall

1give a receipt therefor and shall notify the payor bank of any deposits of bank
2certificates of deposit. Section 808.07 shall govern the procedure so far as applicable.
AB981,50 3Section 50. 895.446 (4) of the statutes is amended to read:
AB981,17,64 895.446 (4) Any recovery under this section shall be reduced by the amount
5recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act
6or as recompense under s. 969.13 (5) (a), 2013 stats., for the same act.
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