SB82: Bill Text

SB82,198,21 .... (Title), .... (Badge Number)

SB82,198,22 You are hereby notified to appear in the

SB82,198,23 ( ) Circuit Court named above

SB82,198,24 ( ) District Attorney's Office

SB82,198,25 located at .... (street address, city)

SB82,199,1 on .... (date), at .... (time).

SB82,199,9 The maximum penalty for this violation is: ( ) Fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both (Class A Misdemeanor). ( ) Fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both (Class B Misdemeanor). ( ) Fine not to exceed $500 or imprisonment not to exceed 30 days, or both (Class C Misdemeanor). ( ) Other

SB82,199,10 PROMISE TO APPEAR

SB82,199,12 I have received a copy of this citation. I promise to appear in court at the time and place specified. Signing this citation is not an admission of guilt.

SB82,199,13 .... (Defendant's signature)

SB82,199,14 .... (Defendant's address)

SB82,199,15 .... (Defendant's phone number)

SB82,199,16 ENDORSEMENT BY DISTRICT ATTORNEY

SB82,199,18 I have reviewed this citation and approve its use as a criminal complaint under s. 969.24 (5).

SB82,199,19 Dated ...., .... (year)

SB82,199,20 .... (District Attorney's signature)

SB82,199,21 .... (Title)

SB82,633 Section 633. Subchapter II (title) of chapter 969 [precedes 969.30] of the statutes is created to read:

SB82,199,24 chapter 969

SB82,200,2 subchapter Ii court-ordered release

SB82,634 Section 634. 969.30 (3) to (7) of the statutes are created to read:

SB82,200,5 969.30 (3) "Personal recognizance bond" means a bond without monetary conditions of release.

SB82,200,8 (4) "Secured appearance bond" means a bond with monetary conditions of release that require the depositing of cash or the pledging of property as security. The court may order that the bond be secured by the defendant or by a surety.

SB82,200,13 (5) "Serious bodily harm" means bodily injury that causes or contributes to the death of a human being; bodily injury that creates a substantial risk of death; bodily injury that causes serious permanent disfigurement; bodily injury that causes a permanent or protracted loss or impairment of the function of any bodily member or organ; or other serious bodily injury.

SB82,200,16 (6) "Surety" means a person who guarantees payment of the amount specified in a monetary condition of release if the defendant does not appear in court as required.

SB82,200,19 (7) "Unsecured appearance bond" means a bond with monetary conditions of release that do not require the depositing of cash or the pledging of property as security.

SB82,635 Section 635. 969.31 (3) of the statutes is created to read:

SB82,200,23 969.31 (3) After sentencing. After sentencing and before service of the sentence begins, the trial court may continue the conditions of release or impose new conditions of release.

SB82,636 Section 636. 969.31 (4) of the statutes is created to read:

SB82,201,2 969.31 (4) Pending appeal. Release after sentencing, pending appeal, is governed by ss. 809.31 and 974.08.

SB82,637 Section 637. 969.32 of the statutes is created to read:

SB82,201,5 969.32 Types of release. In any case where release is allowed, the court shall do one of the following:

SB82,201,6 (1) Release the defendant to return on a date certain, without conditions.

SB82,201,7 (2) Release the defendant on a personal recognizance bond.

SB82,201,8 (3) Release the defendant on an unsecured appearance bond.

SB82,201,9 (4) Release the defendant on a secured appearance bond.

SB82,638 Section 638. 969.33 (title) of the statutes is created to read:

SB82,201,11 969.33 (title) Conditions of release.

SB82,639 Section 639. 969.33 (1) (L) of the statutes is created to read:

SB82,201,13 969.33 (1) (L) The results of a validated risk assessment.

SB82,640 Section 640. 969.33 (2) of the statutes is created to read:

SB82,201,18 969.33 (2) Rules of evidence do not apply. Information stated in or offered in connection with any order entered under this chapter setting conditions of release need not conform to the rules of evidence, except as provided under s. 901.05 or 969.51.

SB82,641 Section 641. 969.33 (3) of the statutes is created to read:

SB82,201,24 969.33 (3) Monetary conditions. The court may impose monetary conditions of release only if it finds that there is a reasonable basis to believe that they are necessary to ensure the defendant's appearance in court. In a misdemeanor case the amount of money specified in a monetary condition of release may not exceed the maximum fine provided for the crime charged.

SB82,642 Section 642. 969.33 (4) of the statutes is created to read:

SB82,202,2 969.33 (4) Mandatory conditions. The following conditions shall be imposed as terms of any bond under s. 969.32 (2) to (4) and shall be printed on the bond:

SB82,202,5 (a) The defendant shall appear in the court having jurisdiction on a day certain and thereafter as ordered until discharged on final order of the court and shall submit to the orders and process of the court.

SB82,202,7 (b) The defendant shall give written notice to the clerk of any change in his or her address within 48 hours after the change.

SB82,202,8 (c) The defendant may not commit any crime.

SB82,202,10 (d) The defendant shall not violate, cause any person to violate, or permit any person to violate on the defendant's behalf ss. 940.22 to 940.45.

SB82,643 Section 643. 969.33 (5) to (7) of the statutes are created to read:

SB82,202,14 969.33 (5) Other conditions. Whenever a defendant is released on bond under s. 969.32 (2) to (4), the court may impose reasonable conditions other than those required under sub. (4), including conditions doing any of the following:

SB82,202,16 (a) Prohibiting the defendant from contacting, directly or indirectly, specified persons or going to specified places.

SB82,202,17 (b) Prohibiting the defendant from possessing any dangerous weapon.

SB82,202,18 (c) Prohibiting the defendant from consuming alcohol beverages.

SB82,202,19 (d) Restricting the travel, association, or place of residence of the defendant.

SB82,202,21 (e) Requiring that the defendant return to custody after specified hours. The charges authorized by s. 303.08 (4) and (5) do not apply under this paragraph.

SB82,202,23 (f) Placing the defendant under the supervision of a designated person or organization agreeing to supervise the defendant.

SB82,202,25 (6) Copy of bond to defendant. The court shall provide the defendant a copy of his or her bond.

SB82,203,4 (7) Modifying conditions of release. Upon motion by the state or the defendant, the court before which the action is pending may, following a hearing, modify conditions of release or grant release if it has been previously revoked under s. 969.51. Reasonable notice of the hearing shall be given to all parties.

SB82,644 Section 644. 969.37 of the statutes is created to read:

SB82,203,12 969.37 Return of cash deposit to a 3rd party. A person other than the defendant who has deposited cash to obtain the release of the defendant on a secured appearance bond, may, prior to the entry of a judgment of conviction or a judgment of forfeiture under s. 969.42, apply to the court for an order returning the deposit. After notice to the parties, the court shall hold a hearing at which the defendant must be present. The court shall determine whether to remit the cash deposit in whole or in part and may review and modify the conditions of release.

SB82,645 Section 645. 969.38 of the statutes is created to read:

SB82,203,14 969.38 Disposition of cash deposits. (1) Deposit applied to fine or costs.

SB82,203,16 (b) All secured appearance bonds shall include notice of the requirements of par. (a).

SB82,203,20 (2) Return of deposit. If the complaint against the defendant is dismissed or the defendant is acquitted in a case in which a cash deposit has been made on a secured appearance bond, the entire sum deposited shall be returned. A deposit by a surety shall be returned to the person who made the deposit.

SB82,203,22 (3) Forfeiture exception. Subsections (1) (a) and (2) do not apply if a cash deposit is forfeited under s. 969.42.

SB82,646 Section 646. 969.41 of the statutes is created to read:

SB82,204,3 969.41 Discharge of surety. When a surety desires to be discharged from the obligations of his or her bond, he or she may apply to the court for an order to that effect. After notice to the parties, the court shall hold a hearing at which the defendant must be present. The court shall determine whether to discharge the surety and may review and modify the conditions of release.

SB82,647 Section 647. 969.42 of the statutes is created to read:

SB82,204,9 969.42 Forfeiture. (1) If the defendant does not comply with the conditions of the bond, the court may order the bail forfeited and a judgment of bail forfeiture entered. Immediately after the order is entered, the clerk shall mail notice of the order of judgment of bail forfeiture to the defendant and the defendant's sureties. No other notice is required.

SB82,204,13 (2) By entering into a bond, the defendant and any sureties submit to the jurisdiction of the court for the purposes of determining their liability under the bond. Their obligations under the bond may be enforced without the necessity of an independent action.

SB82,204,17 (3) If the court enters a judgment of bail forfeiture, any cash deposit made with the clerk pursuant to this subchapter shall be applied to the payment of costs. If any amount of the deposit remains after the payment of costs, it shall be applied to the payment of the judgment of bail forfeiture.

SB82,204,20 (4) Within 30 days after the entry of a judgment of bail forfeiture, the court may order the judgment set aside upon such conditions as the court imposes if it appears that justice does not require the enforcement of the judgment of bail forfeiture.

SB82,648 Section 648. Subchapter III (title) of chapter 969 [precedes 969.50] of the statutes is created to read:

SB82,204,23 chapter 969

SB82,204,24 subchapter iii

SB82,205,3 enforcement of appearance requirements and conditions of release

SB82,649 Section 649. 969.50 (2) and (3) of the statutes are created to read:

SB82,205,6 969.50 (2) A court issuing a bench warrant under this section may specify monetary conditions of release on the warrant.

SB82,205,9 (3) If monetary conditions of release are not specified on the bench warrant, a defendant or witness arrested pursuant to the warrant is not eligible for release before appearing in court.

SB82,650 Section 650. Chapter 970 (title) of the statutes is repealed and recreated to read:

SB82,205,13 CHAPTER 970 commencement of prosecution

SB82,651 Section 651. 970.01 (title) of the statutes is repealed.

SB82,652 Section 652. 970.01 (1) of the statutes is renumbered 971.015 (1) (a) and amended to read:

SB82,205,24 971.015 (1) (a) Any Except as provided in par. (b), any person who is arrested and not sooner released from custody shall be taken within a reasonable time before a judge in brought before the court for the county in which the offense was alleged to have been committed. The may be tried under s. 970.14 for an initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. If the within a reasonable time after the day of arrest. In no event shall an arrested person be held for more than 96 hours, including weekends and holidays, without a court determination regarding conditions of release under s. 969.33.

SB82,206,8 (3) Telephone proceedings. When an initial appearance is conducted by telephone or live audiovisual means under s. 967.14 or video conferencing under subch. III of ch. 885, the person may waive physical appearance. Waiver of physical appearance shall be placed on the record of the initial appearance and does not waive other grounds for challenging the court's personal jurisdiction. If the person does not waive physical appearance, conducting the initial appearance by telephone or live audiovisual means under s. 967.08 defendant does not waive any grounds ground that the person defendant has for challenging the court's personal jurisdiction.

SB82,653 Section 653. 970.01 (2) of the statutes is repealed.

SB82,654 Section 654. 970.02 (title) of the statutes is repealed.