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MLJ:amn
2021 - 2022 LEGISLATURE
January 31, 2022 - Introduced by Representatives Duchow, Dittrich, Sanfelippo,
Allen, Kuglitsch and Wichgers, cosponsored by Senators Kooyenga and
Jagler. Referred to Committee on Judiciary.
AB933,1,4 1An Act to amend 969.02 (1), 969.02 (2) and 969.03 (1) (intro.); and to create
2969.02 (1m) and 969.03 (1g) of the statutes; relating to: bail for criminal
3defendants who have previously failed to comply with a condition of his or her
4release for the present offense.
Analysis by the Legislative Reference Bureau
Under current law, a judge may release a person charged with a crime without
bail, or may release the defendant only if he or she executes an unsecured appearance
bond, or may require a defendant to execute a secured bond to be released. Under
this bill, a judge may not release a defendant without bail or on an unsecured bond
if the defendant has previously failed to comply with a condition of his or her release
for the present offense. Such a defendant may be released only if he or she executes
a secured bond or deposits cash in lieu of a bond.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB933,1 5Section 1 . 969.02 (1) of the statutes is amended to read:
AB933,2,3
1969.02 (1) A Except as provided in sub. (1m), a judge may release a defendant
2charged with a misdemeanor without bail or may permit the defendant to execute
3an unsecured appearance bond in an amount specified by the judge.
AB933,2 4Section 2 . 969.02 (1m) of the statutes is created to read:
AB933,2,75 969.02 (1m) A judge may not release a defendant under sub. (1) if the defendant
6has previously failed to comply with a condition of his or her release for the present
7offense.
AB933,3 8Section 3. 969.02 (2) of the statutes is amended to read:
AB933,2,139 969.02 (2) In lieu of release pursuant to sub. (1), or if sub. (1m) applies, the
10judge may require the execution of an appearance bond with sufficient solvent
11sureties, or the deposit of cash in lieu of sureties. If the judge requires a deposit of
12cash in lieu of sureties, the person making the cash deposit shall be given written
13notice of the requirements of sub. (6).
AB933,4 14Section 4 . 969.03 (1) (intro.) of the statutes is amended to read:
AB933,2,1915 969.03 (1) (intro.) A Except as provided in sub. (1g), a defendant charged with
16a felony may be released by the judge without bail or upon the execution of an
17unsecured appearance bond or the. The judge may in addition to requiring the
18execution of an appearance bond or in lieu thereof impose one or more of the following
19conditions which will assure appearance for trial:
AB933,5 20Section 5 . 969.03 (1g) of the statutes is created to read:
AB933,3,221 969.03 (1g) If a defendant has previously failed to comply with a condition of
22his or her release for the present offense, a judge may release the defendant under
23sub. (1) only if the judge requires the defendant to execute an appearance bond with

1sufficient solvent sureties, or requires the deposit of cash in lieu of sureties under
2sub. (1) (d).
AB933,3,33 (End)
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