LRBs0346/1
MPG:all
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY JOINT RESOLUTION 107
February 4, 2022 - Offered by Representative Duchow.
AJR107-ASA2,1,2
1To amend section 8 (2) of article I of the constitution;
relating to: conditions for
2release prior to conviction, including the imposition of bail (first consideration).
Analysis by the Legislative Reference Bureau
Under the Wisconsin Constitution, a person accused of a crime is eligible for
release before conviction under reasonable conditions designed to assure the
appearance of the accused in court, protect members of the community from serious
bodily harm, or prevent the intimidation of witnesses. Such conditions of release
may include monetary bail only upon a finding that there is a reasonable basis to
believe that bail is necessary to assure the appearance of the accused in court.
This constitutional amendment, proposed to the 2021 legislature on first
consideration, provides that the accused is eligible for release before conviction
under reasonable conditions designed to protect members of the community from
serious harm, as defined by the legislature by law, not just serious bodily harm, in
addition to the other conditions specified above.
The constitutional amendment also eliminates, only with respect to violent
crimes as defined by the legislature by law, the requirement that monetary bail may
be imposed as a condition of release before conviction only upon a finding that there
is a reasonable basis to believe that it is necessary to assure the appearance of the
accused in court. Instead, the constitutional amendment authorizes the imposition
of bail as a condition of release for persons accused of violent crimes only upon a
finding that there is a reasonable basis to believe that it is necessary based on the
totality of the circumstances, taking into account the seriousness of the offense
charged; whether the accused has a previous conviction for a violent crime, as defined
by the legislature by law; the probability that the accused will fail to appear in court;
the need to protect members of the community from serious harm, as defined by the
legislature by law; the need to prevent the intimidation of witnesses; and the
potential affirmative defenses of the accused.
A constitutional amendment requires adoption by two successive legislatures,
and ratification by the people, before it can become effective.
AJR107-ASA2,1
2Section 1
. Section 8 (2) of article I of the constitution is amended to read:
AJR107-ASA2,2,173
[Article I] Section 8 (2) All persons, before conviction, shall be eligible for
4release under reasonable conditions designed to assure their appearance in court,
5protect members of the community from serious
bodily harm
as defined by the
6legislature by law, or prevent the intimidation of witnesses. Monetary conditions of
7release may be imposed at or after the initial appearance only upon a finding that
8there is a reasonable basis to believe that the conditions are necessary to assure
9appearance in court
, or if the person is accused of a violent crime as defined by the
10legislature by law, only upon a finding that there is a reasonable basis to believe that
11the conditions are necessary based on the totality of the circumstances, taking into
12account whether the accused has a previous conviction for a violent crime as defined
13by the legislature by law, the probability that the accused will fail to appear in court,
14the need to protect members of the community from serious harm as defined by the
15legislature by law, the need to prevent the intimidation of witnesses, and the
16potential affirmative defenses of the accused. The legislature may authorize, by law,
17courts to revoke a person's release for a violation of a condition of release.
AJR107-ASA2,3,3
1Be it further resolved, That this proposed amendment be referred to the
2legislature to be chosen at the next general election and that it be published for three
3months previous to the time of holding such election.
