SB827: Bill Text

LRB-4652/1

MLJ:ahe

2019 - 2020 LEGISLATURE

2019 Senate BILL 827

February 20, 2020 - Introduced by Senators Johnson, L. Taylor and Larson, cosponsored by Representatives Crowley, Sortwell, Bowen, Anderson, Sinicki, Zamarripa and Vining. Referred to Committee on Insurance, Financial Services, Government Oversight and Courts.

SB827,1,3 An Act to repeal 946.49 (1) (a) and (b); to renumber and amend 946.49 (1) (intro.); to amend 946.49 (2); and to create 946.49 (3) of the statutes; relating to: 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:

SB827,1 Section 1 . 946.49 (1) (intro.) of the statutes is renumbered 946.49 (1) and amended to read:

SB827,2,6 946.49 (1) Whoever, having been released from custody under ch. 969, intentionally fails to appear as required or to comply with the terms a term of his or her bond that prohibits contact with another individual or prohibits his or her presence in a specified location is: guilty of a Class B misdemeanor.

SB827,2 Section 2 . 946.49 (1) (a) and (b) of the statutes are repealed.

SB827,3 Section 3. 946.49 (2) of the statutes is amended to read:

SB827,2,10 946.49 (2) A witness for whom bail has been required under s. 969.01 (3) is guilty of a Class I felony B misdemeanor for failure to appear as provided.

SB827,4 Section 4. 946.49 (3) of the statutes is created to read:

SB827,2,13 946.49 (3) A prosecutor may only charge a person for a violation under sub. (1) once per underlying criminal charge for which he or she has been released on bond.

SB827,2,14 (End)