Wisconsin Assembly Bill AB54

Wisconsin 2023-2024 Regular Session

• Introduced: 2/20/23
• Refer: 2/20/23
• Report Pass: 3/13/23
• Refer: 3/13/23
• Failed: 4/15/24

Caption

Statutory changes to implement the constitutional amendment relating to conditions of release.

Impact

If ratified, Assembly Bill 54 would significantly influence the current legal framework concerning bail and preconviction release in Wisconsin. The bill specifies that monetary bail can be imposed based on the totality of circumstances if a defendant is accused of a violent crime. This legislative change responds to growing concerns about community safety and the need for stringent measures regarding individuals accused of serious offenses. It ensures that bail settings take into account not only defendants' court appearances but also risks posed to community welfare.

Summary

Assembly Bill 54 aims to amend existing statutes related to preconviction release procedures in alignment with a proposed constitutional amendment. This legislation allows courts to impose certain conditions on the release of defendants accused of violent crimes and defines 'serious harm' to broaden the conditions under which preconviction release can be granted. Specifically, it expands the scope from protecting against 'serious bodily harm' to including 'serious harm' as defined by the legislation, which encompasses various types of physical and economic damages.

Contention

This bill has elicited debate, particularly around the definitions and implications set forth regarding 'violent crime.' Critics argue that the expanded definition and the conditions allowing for monetary bail could lead to increased pretrial detention, disproportionately affecting marginalized communities. Supporters, however, maintain that these changes are essential for safeguarding public safety and ensuring that victims' rights are prioritized in the legal process. The outcome of the proposed constitutional amendment will ultimately determine whether this bill takes effect, highlighting the contentious interplay between legislative action and voter sentiments.