LRBs0323/1
MPG&MLJ:emw/cjs/klm
2021 - 2022 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE JOINT RESOLUTION 82
January 20, 2022 - Offered by Senator Wanggaard.
SJR82-SSA1,1,2
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 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 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.
SJR82-SSA1,2,1
1Resolved by the
senate, the assembly concurring, That:
SJR82-SSA1,1
2Section 1
. Section 8 (2) of article I of the constitution is amended to read:
SJR82-SSA1,2,163
[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 based on the totality of the circumstances, taking into account
10the seriousness of the offense charged, whether the accused has a previous conviction
11for a violent crime as defined by the legislature by law, the probability that the
12accused will fail to appear in court, the need to protect members of the community
13from serious harm as defined by the legislature by law, the need to prevent the
14intimidation of witnesses, and the potential affirmative defenses of the accused. The
15legislature may authorize, by law, courts to revoke a person's release for a violation
16of a condition of release.
SJR82-SSA1,2,19
17Be it further resolved, That this proposed amendment be referred to the
18legislature to be chosen at the next general election and that it be published for three
19months previous to the time of holding such election.
