LRB-2721/1
MLJ:ahe
2019 - 2020 LEGISLATURE
December 2, 2019 - Introduced by Representatives Crowley, Sortwell, Bowen,
Anderson, Sinicki, Zamarripa and Vining, cosponsored by Senators Johnson,
L. Taylor and Larson. Referred to Committee on Criminal Justice and Public
Safety.
AB638,1,3
1An Act to repeal 946.49 (1) (a) and (b);
to renumber and amend 946.49 (1)
2(intro.);
to amend 946.49 (2); and
to create 946.49 (3) of the statutes;
relating
3to: bail jumping and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, bail jumping means failure to comply with the terms of a
bond after being released from custody in a pending criminal matter. Bail jumping
for a defendant who has been released on bond after being charged with a crime is
a Class A misdemeanor if the offense with which the defendant is charged is a
misdemeanor and a Class H felony if the offense with which the defendant is charged
is a felony, and bail jumping for a witness for whom bail has been required is a Class
I felony. Under this bill, bail jumping means failure to appear as required or failure
to comply with a term of a bond that prohibits contact with another individual or
prohibits his or her presence in a specified location. Under the bill, any form of bail
jumping is a Class B misdemeanor, regardless of the underlying offense or whether
the person for whom bail is required is a defendant or a witness. In addition, under
this bill, a person may only be charged with bail jumping once per underlying charge
for which he or she has been released on bail.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB638,1
1Section 1
. 946.49 (1) (intro.) of the statutes is renumbered 946.49 (1) and
2amended to read:
AB638,2,63
946.49
(1) Whoever, having been released from custody under ch. 969,
4intentionally fails
to appear as required or to comply with
the terms a term of his or
5her bond
that prohibits contact with another individual or prohibits his or her
6presence in a specified location is
: guilty of a Class B misdemeanor.
AB638,2
7Section 2
. 946.49 (1) (a) and (b) of the statutes are repealed.
AB638,3
8Section
3. 946.49 (2) of the statutes is amended to read:
AB638,2,109
946.49
(2) A witness for whom bail has been required under s. 969.01 (3) is
10guilty of a Class
I felony B misdemeanor for failure to appear as provided.
AB638,4
11Section
4. 946.49 (3) of the statutes is created to read:
AB638,2,1312
946.49
(3) A prosecutor may only charge a person for a violation under sub. (1)
13once per underlying criminal charge for which he or she has been released on bond.
