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2019 - 2020 LEGISLATURE
March 15, 2019 - Introduced by Joint Legislative Council. Referred to Committee
on Insurance, Financial Services, Government Oversight and Courts.
SB98,1,2 1An Act to amend 757.69 (1) (b); and to create 969.095 of the statutes; relating
modification of bail in a criminal action.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council Prefatory note: This bill was prepared for the Joint
Legislative Council's Study Committee on Bail and Conditions of Pretrial Release. The
bill requires a court to review the bail of a defendant within 72 hours of initial appearance
if the defendant remains in custody as a result of his or her inability to meet the bail.
Thereafter, the court must review the bail every 7 days. The bill requires the court to set
forth the reasons for requiring the continuation of the bail, unless the bail is adjusted and
the defendant is released. The bail review requirement only becomes effective if an
amendment to Article I, section 8 (3) of the Wisconsin Constitution, the provision relating
to pretrial detention, is ratified.
SB98,1 3Section 1 . 757.69 (1) (b) of the statutes is amended to read:
SB98,2,74 757.69 (1) (b) In criminal matters issue summonses, arrest warrants or search
5warrants, determine probable cause to support a warrantless arrest, conduct initial

1appearances of persons arrested, set bail, inform the defendant in accordance with
2s. 970.02 (1), conduct bail review hearings under s. 969.095, refer the person to the
3authority for indigency determinations specified under s. 977.07 (1), conduct the
4preliminary examination and arraignment, and, with the consent of both the state
5and the defendant, accept a guilty plea. If a court refers a disputed restitution issue
6under s. 973.20 (13) (c) 4., the circuit court commissioner shall conduct the hearing
7on the matter in accordance with s. 973.20 (13) (c) 4.
SB98,2 8Section 2 . 969.095 of the statutes is created to read:
SB98,2,16 9969.095 Review and adjustment of bail. (1) The court shall review the bail
10of a defendant for whom bail is imposed and who continues to be detained in custody
11as a result of his or her inability to meet the bail. The court shall conduct this review
12within 72 hours from the time of initial appearance before the court and every 7 days
13thereafter for as long as the defendant continues to be detained in custody as a result
14of his or her inability to meet bail. Unless the bail is adjusted and the defendant is
15thereupon released, the court shall set forth the reasons for requiring the
16continuation of the bail imposed.
SB98,2,20 17(2) Subsection (1) applies only if, on or after the effective date of this subsection
18.... [LRB inserts date], an amendment to article I, section 8 (3) of the constitution is
19ratified. The elections commission shall notify the legislature of the effective date
20of the amendment under s. 7.70 (3) (h).
SB98,2,2121 (End)