SB99,19 4Section 19. 969.035 (8) of the statutes is renumbered 969.035 (8) (a) and
5amended to read:
SB99,8,96 969.035 (8) (a) If the The court makes the findings may deny release if it finds
7probable cause
under sub. (6) (a) and (b), finds that either the defendant has not
8rebutted the presumption under sub. (6) (am) or that the state has made the required
9showing under sub. (6) (b).
SB99,8,19 10(b) If the court may deny bail denies release to the defendant under par. (a), it
11may be
for an additional period not to exceed 60 days following the hearing if the
12defendant is accused of a misdemeanor or 90 days if the defendant is accused of a
13felony, except that the court may extend the period, upon its own motion or the
14motion of any party, if it finds that the ends of justice are best served by extending
15that period. An extension may not be granted under this paragraph unless the court
16sets forth in the record of the case, either orally or in writing, its reasons for finding
17that the ends of justice are best served by extending the period of confinement
. If the
18time period passes and the defendant is otherwise eligible, he or she shall be released
19from custody with or without conditions in accordance with s. ss. 969.02 and 969.03.
SB99,20 20Section 20 . 969.035 (9) of the statutes is amended to read:
SB99,8,2521 969.035 (9) In computing the 10-day periods under sub. (5) (5m) and the
2260-day period and 90-day periods under sub. (8) (b), the court shall omit any period
23of time found by the court to result from a delay caused by the defendant or a
24continuance granted which that was initiated by the defendant. Delay is caused by
25the defendant only if the delay is expressly requested by the defendant.
SB99,21
1Section 21. 969.035 (10) of the statutes is amended to read:
SB99,9,32 969.035 (10) The defendant may petition the court to be released from custody
3with or without conditions in accordance with s. ss. 969.02 and 969.03 at any time.
SB99,22 4Section 22. 969.035 (12) of the statutes is created to read:
SB99,9,115 969.035 (12) The pretrial detention hearing may be reopened, before or after
6a determination by the court, at any time before trial if the court finds that
7information exists that was not known to the district attorney or the defendant at
8the time of the hearing and that has a material bearing on the issue of whether there
9are conditions of release that adequately protect members of the community from
10serious bodily harm, prevent the intimidation of witnesses, or assure the defendant's
11appearance in court when required.
SB99,23 12Section 23 . Effective date.
SB99,9,1613 (1) This act takes effect only if, on or after the effective date of this subsection,
14an amendment to article I, section 8 (3), of the Wisconsin Constitution is ratified. The
15elections commission shall notify the legislature of the effective date of the
16amendment under s. 7.70 (3) (h).
SB99,9,1717 (End)