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MLJ:amn
2021 - 2022 LEGISLATURE
January 13, 2022 - Introduced by Senators Bradley, Nass, Jacque, Kapenga,
Kooyenga, Stroebel, Testin and Felzkowski, cosponsored by
Representatives Wichgers, Knodl, Sanfelippo, Allen, Behnke, Brandtjen,
Gundrum, Kuglitsch, Murphy and Skowronski. Referred to Committee on
Judiciary and Public Safety.
SB858,1,3 1An Act to amend 969.02 (1), 969.02 (8) and 969.03 (1) (intro.); and to create
2969.02 (2g) and 969.03 (1g) of the statutes; relating to: bail for criminal
3defendants who have a previous conviction for bail jumping.
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 bail jumping. 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 $5,000.
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:
SB858,1 4Section 1. 969.02 (1) of the statutes is amended to read:
SB858,2,3
1969.02 (1) A Except as provided in sub. (2g), 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.
SB858,2 4Section 2. 969.02 (2g) of the statutes is created to read:
SB858,2,105 969.02 (2g) If a defendant has a previous conviction for bail jumping under s.
6946.49, a judge may release the defendant only if the judge requires the defendant
7to execute an appearance bond with sufficient solvent sureties, or requires the
8deposit of cash in lieu of sureties, in an amount not less than $5,000. If the judge
9requires a deposit of cash in lieu of sureties, the person making the cash deposit shall
10be given written notice of the requirements of sub. (6).
SB858,3 11Section 3. 969.02 (8) of the statutes is amended to read:
SB858,2,1312 969.02 (8) In Except as provided in sub. (2g), in all misdemeanors, bail shall
13not exceed the maximum fine provided for the offense.
SB858,4 14Section 4. 969.03 (1) (intro.) of the statutes is amended to read:
SB858,2,1915 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:
SB858,5 20Section 5. 969.03 (1g) of the statutes is created to read:
SB858,3,221 969.03 (1g) If a defendant has a previous conviction for bail jumping under s.
22946.49, a judge may release the defendant under sub. (1) only if the judge requires
23the defendant to execute an appearance bond with sufficient solvent sureties, or

1requires the deposit of cash in lieu of sureties under sub. (1) (d), in an amount not
2less than $5,000.
SB858,3,33 (End)
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