Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB54 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-1926/1
2	2	CMH:emw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 54
5	5	February 20, 2023 - Introduced by Representatives DUCHOW, BEHNKE, BROOKS,
6	6	DITTRICH, DONOVAN, EDMING, KITCHENS, MAGNAFICI, MICHALSKI, MURPHY,
7	7	NOVAK, O'CONNOR, RETTINGER, RODRIGUEZ, ROZAR, SPIROS, STEFFEN, WICHGERS
8	8	and WITTKE, cosponsored by Senators WANGGAARD, BRADLEY, STROEBEL,
9	9	COWLES, MARKLEIN and TOMCZYK. Referred to Committee on Judiciary.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber 969.001 (2); to renumber and amend 969.01 (1) and
12	12	969.035 (1); to amend 165.957 (4) (a) 1. and 2. and (c), 969.01 (4), 969.02 (3) (d)
13	13	and 969.03 (1) (e); and to create 969.001 (2m), 969.001 (3) and 969.01 (1) (b)
14	14	2. of the statutes; relating to: statutory changes to implement the
15	15	constitutional amendment relating to conditions of release.
16	16	Analysis by the Legislative Reference Bureau
17	17	Under the Wisconsin Constitution, a person accused of a crime is eligible for
18	18	release before conviction under reasonable conditions designed to do any of the
19	19	following: 1) assure that he or she will appear in court; 2) protect members of the
20	20	community from serious bodily harm; or 3) prevent the intimidation of witnesses.
21	21	The conditions of release may include monetary bail only if the court finds that there
22	22	is a reasonable basis to believe that bail is necessary to assure that the defendant will
23	23	appear in court. The Wisconsin Statutes relating to preconviction release contain the
24	24	same language as the constitution.
25	25	A proposed amendment to the Wisconsin Constitution, to be given second
26	26	consideration by the 2023 legislature for submittal to the voters in April 2023,
27	27	changes these provisions. This bill changes the statutes relating to preconviction
28	28	release to conform to the changes in the proposed constitutional amendment. The bill
29	29	will take effect when the amendment is ratified by the voters and will be void if the
30	30	amendment is not ratified by the voters.
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36	36	CMH:emw
37	37	ASSEMBLY BILL 54
38	38	Conditions of preconviction release
39	39	The proposed constitutional amendment provides that a defendant is eligible
40	40	for release before conviction under reasonable conditions designed to protect
41	41	members of the community from “serious harm as defined by the legislature by law,”
42	42	not just “serious bodily harm.” The bill defines “serious harm,” as required by the
43	43	amendment, and harmonizes the statutes with the amended constitutional
44	44	provision to allow the court to set reasonable conditions designed to protect members
45	45	of the community from serious harm. Under the bill, “serious harm” is defined as any
46	46	of the following: 1) personal physical pain or injury, illness, any impairment of
47	47	physical condition, or death, including mental anguish or emotional harm attendant
48	48	to the personal physical pain or injury, illness, or death; 2) damage to property over
49	49	$2,500 in value; or 3) economic loss over $2,500 in value.
50	50	When bail may be imposed
51	51	The proposed constitutional amendment also expands the reasons why a court
52	52	may impose monetary bail on a defendant as a condition of release. Under current
53	53	law, monetary bail may be imposed only if the court finds that there is a reasonable
54	54	basis to believe bail is necessary to assure that the defendant will appear in court.
55	55	The proposed constitutional amendment adds that, if the defendant is accused of a
56	56	violent crime as defined by the legislature by law, monetary bail may be imposed if
57	57	the court finds that there is a reasonable basis to believe that bail is necessary based
58	58	on the totality of the circumstances. The proposed amendment provides that, when
59	59	considering the totality of the circumstances, the court may take into account
60	60	whether the defendant has a previous conviction for a violent crime as defined by the
61	61	legislature by law; the probability that the defendant will fail to appear; the need to
62	62	protect members of the community from serious harm as defined by the legislature
63	63	by law; the need to prevent the intimidation of witnesses; and the potential
64	64	affirmative defenses of the defendant. The bill defines “violent crime” for this
65	65	purpose, and it changes the statutes to incorporate the additional reasons that the
66	66	court may impose monetary bail as a condition of release. The definition of “violent
67	67	crime” includes crimes such as homicide, aggravated and special circumstances
68	68	battery, mayhem, sexual assault, false imprisonment, human trafficking, taking of
69	69	hostages, kidnapping, stalking, disarming a police officer, arson, felony burglary, and
70	70	carjacking; crimes to which a domestic abuse or dangerous weapon penalty enhancer
71	71	may be applied; the violation of a domestic abuse, child abuse, or harassment
72	72	injunction; or the solicitation, conspiracy, or attempt to commit a Class A felony.
73	73	The people of the state of Wisconsin, represented in senate and assembly, do
74	74	enact as follows:
75	75	SECTION 1. 165.957 (4) (a) 1. and 2. and (c) of the statutes are amended to read:
76	76	165.957 (4) (a) 1. The person is ordered by a judge or by the department of
77	77	corrections as a condition of bond, release under s. 969.01 (1) (a), probation or
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83	83	SECTION 1
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85	85	deferred prosecution, release to parole, or release to extended supervision, to totally
86	86	abstain from using alcohol or a controlled substance, and whose participation in the
87	87	program is ordered by the judge or by the department of corrections as a condition
88	88	of bond, release under s. 969.01 (1) (a), probation, release to parole, or release to
89	89	extended supervision.
90	90	2. The person agrees to totally abstain from using alcohol or a controlled
91	91	substance while he or she is released on bond, on release under s. 969.01 (1) (a), on
92	92	probation, participating in a deferred prosecution agreement, or on parole or
93	93	extended supervision and agrees to participate in the program even though his or her
94	94	participation is not ordered by a judge or by the department of corrections as a
95	95	condition of bond, release pursuant to s. 969.01 (1) (a), probation or deferred
96	96	prosecution, or release to parole or to extended supervision. This subdivision does
97	97	not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who
98	98	is subject to an order under s. 343.301 (1g) (am) 2.
99	99	(c) The program informs a participant that, if he or she fails to appear for a
100	100	scheduled test or if his or her test results indicate that the participant used alcohol
101	101	or a controlled substance, he or she may be placed under immediate arrest and
102	102	referred to the department of corrections and to the appropriate prosecuting agency
103	103	for violating a condition of his or her bond, release under s. 969.01 (1) (a), probation
104	104	or deferred prosecution, or of his or her release to parole or extended supervision.
105	105	SECTION 2. 969.001 (2) of the statutes is renumbered 969.035 (1) (a).
106	106	SECTION 3. 969.001 (2m) of the statutes is created to read:
107	107	969.001 (2m) “Serious harm" means any of the following:
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133	133	(a) Personal physical pain or injury, illness, any impairment of physical
134	134	condition, or death, including mental anguish or emotional harm attendant to the
135	135	personal physical pain or injury, illness, or death.
136	136	(b) Damage to property over $2,500 in value.
137	137	(c) Economic loss over $2,500 in value.
138	138	SECTION 4. 969.001 (3) of the statutes is created to read:
139	139	969.001 (3) “Violent crime” means any of the following:
140	140	(a) A crime specified under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07,
141	141	940.08, 940.09 (1), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.198
142	142	(2) (a) or (c), 940.20, 940.201 (2), 940.203 (2), 940.204, 940.205 (2), 940.207 (2),
143	143	940.208, 940.21, 940.225 (1), (2), or (3), 940.23, 940.235, 940.25, 940.285, 940.30,
144	144	940.302 (2) (a) 1. b., 940.305, 940.31, 940.32, 940.43, 940.45, 941.20, 941.21, 941.28,
145	145	941.2905, 941.292, 941.30, 941.327, 941.38 (3), 941.39, 943.01 (2) (c), 943.011,
146	146	943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.30, 943.32, 943.86,
147	147	943.87, 943.89, 943.90, 946.43, 947.013, 947.015, 948.02 (1) or (2), 948.025, 948.03
148	148	(2) (a), (b), or (c), (3), or (5) (a) 1., 2., 3., or 4., 948.04, 948.05, 948.051, 948.055, 948.06,
149	149	948.07, 948.08, 948.085, 948.095, 948.30 (2), 948.55, 951.02, 951.08, or 951.09.
150	150	(b) A felony violation of s. 941.26.
151	151	(c) A violation of s. 813.12, 813.122, or 813.125.
152	152	(d) The solicitation, conspiracy, or attempt, under s. 939.30, 939.31, or 939.32,
153	153	to commit a Class A felony.
154	154	(e) A violation to which a penalty enhancer specified in s. 939.621 or 939.63 (1)
155	155	may be applied.
156	156	SECTION 5. 969.01 (1) of the statutes is renumbered 969.01 (1) (a) and amended
157	157	to read:
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185	185	SECTION 5
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187	187	969.01 (1) (a) Before conviction, except as provided in ss. 969.035 and 971.14
188	188	(1r), a defendant arrested for a criminal offense is eligible for release under
189	189	reasonable conditions designed to assure his or her appearance in court, protect
190	190	members of the community from serious bodily harm, or and prevent the
191	191	intimidation of witnesses.
192	192	(b) Bail may be imposed at or after the initial appearance only upon a finding
193	193	by the court that there any of the following is true:
194	194	1. There is a reasonable basis to believe that bail is necessary to assure the
195	195	defendant's appearance in court. In determining whether any conditions of release
196	196	are appropriate, the judge shall first consider the likelihood of the defendant
197	197	appearing for trial if released on his or her own recognizance.
198	198	SECTION 6. 969.01 (1) (b) 2. of the statutes is created to read:
199	199	969.01 (1) (b) 2. If the defendant is accused of a violent crime, there is a
200	200	reasonable basis to believe that bail is necessary based on the totality of the
201	201	circumstances. The court, when considering the totality of the circumstances, may
202	202	take into account whether the defendant has a previous conviction for a violent
203	203	crime, the probability that the defendant will fail to appear in court, the need to
204	204	protect members of the community from serious harm, the need to prevent the
205	205	intimidation of witnesses, and the potential affirmative defenses of the defendant.
206	206	SECTION 7. 969.01 (4) of the statutes is amended to read:
207	207	969.01 (4) CONSIDERATIONS IN SETTING CONDITIONS OF RELEASE. If bail is imposed,
208	208	it only due to a finding under sub. (1) (b) 1., the bail amount shall be only in the
209	209	amount found necessary to assure the appearance of the defendant. If bail is imposed
210	210	due to a finding under sub. (1) (b) 2., the bail amount may not be excessive.
211	211	Conditions of release, other than monetary conditions, may be imposed for the
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239	239	purpose of assuring the defendant's appearance in court, protecting members of the
240	240	community from serious bodily harm, or preventing intimidation of witnesses.
241	241	Proper considerations in determining whether to release the defendant without bail,
242	242	fixing a reasonable and not excessive amount of bail or imposing other reasonable
243	243	conditions of release are: the ability of the arrested person to give bail, the nature,
244	244	number and gravity of the offenses and the potential penalty the defendant faces,
245	245	whether the alleged acts were violent in nature, the defendant's prior record of
246	246	criminal convictions and delinquency adjudications, if any, the character, health,
247	247	residence and reputation of the defendant, the character and strength of the evidence
248	248	which has been presented to the judge, whether the defendant is currently on
249	249	probation, extended supervision or parole, whether the defendant is already on bail
250	250	or subject to other release conditions in other pending cases, whether the defendant
251	251	has been bound over for trial after a preliminary examination, whether the
252	252	defendant has in the past forfeited bail or violated a condition of release or was a
253	253	fugitive from justice at the time of arrest, and the policy against unnecessary
254	254	detention of the defendant's pending trial.
255	255	SECTION 8. 969.02 (3) (d) of the statutes is amended to read:
256	256	969.02 (3) (d) Impose any other condition deemed reasonably necessary to
257	257	assure appearance as required bail following a finding under s. 969.01 (1) (b) or
258	258	impose any nonmonetary condition deemed reasonably necessary to secure
259	259	appearance in court as required, protect members of the community from serious
260	260	bodily harm, or prevent intimidation of witnesses, including a condition that the
261	261	defendant return to custody after specified hours. The charges authorized by s.
262	262	303.08 (4) and (5) shall not apply under this section.
263	263	SECTION 9. 969.03 (1) (e) of the statutes is amended to read:
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291	291	SECTION 9
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293	293	969.03 (1) (e) Impose any other condition deemed reasonably necessary to
294	294	assure appearance as required bail following a finding under s. 969.01 (1) (b) or any
295	295	nonmonetary condition deemed reasonably necessary to secure appearance in court
296	296	as required, protect members of the community from serious bodily harm, or prevent
297	297	intimidation of witnesses, including a condition requiring that the defendant return
298	298	to custody after specified hours. The charges authorized by s. 303.08 (4) and (5) shall
299	299	not apply under this section.
300	300	SECTION 10. 969.035 (1) of the statutes is renumbered 969.035 (1) (intro.) and
301	301	amended to read:
302	302	969.035 (1) (intro.) In this section:
303	303	(b) Notwithstanding s. 969.001 (3), “violent crime" means any crime specified
304	304	in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5),
305	305	940.195 (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1), 940.23, 941.327, 948.02 (1) or
306	306	(2), 948.025, 948.03, or 948.085.
307	307	SECTION 11.0Nonstatutory provisions.
308	308	(1) If, at the April 2023 election, only question 1 or question 2 of 2023 Senate
309	309	Joint Resolution 2 or 2023 Assembly Joint Resolution 1 is ratified, the treatments
310	310	in this act that are related to the question that was not ratified are void. If neither
311	311	question is ratified at the April 2023 election, this act is void. The legislative
312	312	reference bureau shall identify and delete voided treatments in enrolling this bill or
313	313	when publishing the statutes.
314	314	SECTION 12.0Effective date.
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338	338	SECTION 12 ASSEMBLY BILL 54
339	339	(1) This act takes effect on the day after publication or on the date that question
340	340	1 or question 2 of 2023 Senate Joint Resolution 2 or 2023 Assembly Joint Resolution
341	341	1 is ratified, whichever is later.
342	342	(END)
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