AB838: Bill Text

MLJ:amn

2021 - 2022 LEGISLATURE

2021 Assembly BILL 838

January 7, 2022 - Introduced by Representatives Wichgers, Knodl, Sanfelippo, Allen, Behnke, Brandtjen, Gundrum, Kuglitsch, Murphy and Skowronski, cosponsored by Senators Bradley, Nass, Jacque, Kooyenga, Stroebel and Testin. Referred to Committee on Judiciary.

AB838,1,3 An Act to amend 969.02 (1), 969.02 (8) and 969.03 (1) (intro.); and to create 969.02 (2g) and 969.03 (1g) of the statutes; relating to: bail for criminal defendants who have a previous conviction for a felony or violent misdemeanor.

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 a previous conviction for a felony or a violent misdemeanor. Such a defendant may be released only if he or she executes a secured bond or deposits cash in lieu of a bond in an amount of at least $10,000.

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:

AB838,1 Section 1. 969.02 (1) of the statutes is amended to read:

AB838,2,3 969.02 (1) A Except as provided in sub. (2g), a judge may release a defendant charged with a misdemeanor without bail or may permit the defendant to execute an unsecured appearance bond in an amount specified by the judge.

AB838,2 Section 2. 969.02 (2g) of the statutes is created to read:

AB838,2,11 969.02 (2g) If a defendant has a previous conviction for a felony, as defined in s. 939.60, or a violent misdemeanor, as defined in s. 941.29 (1g) (b), a judge may release the defendant only if the judge requires the defendant to execute an appearance bond with sufficient solvent sureties, or requires the deposit of cash in lieu of sureties, in an amount not less than $10,000. If the judge requires a deposit of cash in lieu of sureties, the person making the cash deposit shall be given written notice of the requirements of sub. (6).

AB838,3 Section 3. 969.02 (8) of the statutes is amended to read:

AB838,2,14 969.02 (8) In Except as provided in sub. (2g), in all misdemeanors, bail shall not exceed the maximum fine provided for the offense.

AB838,4 Section 4. 969.03 (1) (intro.) of the statutes is amended to read:

AB838,2,20 969.03 (1) (intro.) A Except as provided in sub. (1g), a defendant charged with a felony may be released by the judge without bail or upon the execution of an unsecured appearance bond or the. The judge may in addition to requiring the execution of an appearance bond or in lieu thereof impose one or more of the following conditions which will assure appearance for trial:

AB838,5 Section 5. 969.03 (1g) of the statutes is created to read:

AB838,3,2 969.03 (1g) If a defendant has a previous conviction for a felony, as defined in s. 939.60, or a violent misdemeanor, as defined in s. 941.29 (1g) (b), a judge may release the defendant under sub. (1) only if the judge requires the defendant to execute an appearance bond with sufficient solvent sureties, or requires the deposit of cash in lieu of sureties under sub. (1) (d), in an amount not less than $10,000.

AB838,6 Section 6. Nonstatutory provisions.

AB838,3,9 (1) Legislative intent. The intent of the legislature is to follow the principles relating to bail enumerated in article I, section 8, of the Wisconsin Constitution. The legislature has found that a person with a history of violent crime has an increased flight risk, and therefore further finds that there is a reasonable basis to believe that a minimum amount of monetary bail is necessary to assure the appearance in court of a person who has previously been convicted of a felony or violent misdemeanor.

AB838,3,10 (End)