LRB-0852/1
MLJ:emw&kjf
2019 - 2020 LEGISLATURE
March 15, 2019 - Introduced by
Joint Legislative Council. Referred to Committee
on Insurance, Financial Services, Government Oversight and Courts.
SB99,1,6
1An Act to repeal 969.035 (3) (b) and 969.035 (6) (c);
to renumber and amend
2969.035 (3) (a), 969.035 (3) (c) and 969.035 (8);
to amend 757.69 (1) (b), 969.035
3(2) (intro.), 969.035 (2) (a), 969.035 (2) (b), 969.035 (3) (intro.), 969.035 (4),
4969.035 (5), 969.035 (6) (a), 969.035 (6) (b), 969.035 (7), 969.035 (9) and 969.035
5(10); and
to create 969.035 (2) (c), 969.035 (3) (bm), 969.035 (6) (am), 969.035
6(6) (cm) and 969.035 (12) of the statutes;
relating to: pretrial detention.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council Prefatory note: This bill was prepared for the Joint
Legislative Council's Study Committee on Bail and Conditions of Pretrial Release. Under
current law, a court may deny release to a defendant prior to trial under a procedure
prescribed by statute if the defendant is accused of committing one of certain specified
crimes or is accused of committing a violent crime, as defined by statute, and has
previously been convicted of a violent crime. The statutory pretrial detention procedure
is authorized by Article I, Section 8 (3), of the Wisconsin Constitution, which also
prescribes many of the requirements that a statutory pretrial detention procedure must
contain.
This bill makes a variety of changes to the pretrial detention procedure. These
changes are described below. This bill takes effect only if an amendment to Article I,
Section 8 (3), of the Wisconsin Constitution is ratified.
Court commissioners authorized to conduct pretrial detention hearings