Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB75 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: ~~April 5, 2023~~
2		-	2023 Senate Bill 75 Date of publication*: ~~April 6, 2023~~
3		-	2023 WISCONSIN ACT 3
	1	+	Date of enactment:
	2	+	2023 Senate Bill 75 Date of publication*:
	3	+	2023 WISCONSIN ACT
4	4		AN ACT to renumber 969.001 (2); to renumber and amend 969.01 (1) and 969.035 (1); to amend 165.957 (4) (a)
5	5		1. and 2. and (c), 969.01 (4), 969.02 (3) (d) and 969.03 (1) (e); and to create 969.001 (2m), 969.001 (3) and 969.01
6	6		(1) (b) 2. of the statutes; relating to: statutory changes to implement the constitutional amendment relating to condi-
7	7		tions of release.
8	8		The people of the state of Wisconsin, represented in
9	9		senate and assembly, do enact as follows:
10	10		SECTION 1. 165.957 (4) (a) 1. and 2. and (c) of the
11	11		statutes are amended to read:
12	12		165.957 (4) (a) 1. The person is ordered by a judge
13	13		or by the department of corrections as a condition of
14	14		bond, release under s. 969.01 (1) (a), probation or
15	15		deferred prosecution, release to parole, or release to
16	16		extended supervision, to totally abstain from using alco-
17	17		hol or a controlled substance, and whose participation in
18	18		the program is ordered by the judge or by the department
19	19		of corrections as a condition of bond, release under s.
20	20		969.01 (1) (a), probation, release to parole, or release to
21	21		extended supervision.
22	22		2. The person agrees to totally abstain from using
23	23		alcohol or a controlled substance while he or she is
24	24		released on bond, on release under s. 969.01 (1) (a), on
25	25		probation, participating in a deferred prosecution agree-
26	26		ment, or on parole or extended supervision and agrees to
27	27		participate in the program even though his or her partici-
28	28		pation is not ordered by a judge or by the department of
29	29		corrections as a condition of bond, release pursuant to s.
30	30		969.01 (1) (a), probation or deferred prosecution, or
31	31		release to parole or to extended supervision. This subdi-
32	32		vision does not apply to any person who meets the criteria
33	33		under s. 343.301 (1g) (a) 2. b. and who is subject to an
34	34		order under s. 343.301 (1g) (am) 2.
35	35		(c) The program informs a participant that, if he or
36	36		she fails to appear for a scheduled test or if his or her test
37	37		results indicate that the participant used alcohol or a con-
38	38		trolled substance, he or she may be placed under immedi-
39	39		ate arrest and referred to the department of corrections
40	40		and to the appropriate prosecuting agency for violating a
41	41		condition of his or her bond, release under s. 969.01 (1)
42	42		(a), probation or deferred prosecution, or of his or her
43	43		release to parole or extended supervision.
44	44		SECTION 2. 969.001 (2) of the statutes is renumbered
45	45		969.035 (1) (a).
46	46		SECTION 3. 969.001 (2m) of the statutes is created to
47	47		read:
48	48		969.001 (2m) “Serious harm” means any of the fol-
49	49		lowing:
50	50		(a) Personal physical pain or injury, illness, any
51	51		impairment of physical condition, or death, including
52	52		mental anguish or emotional harm attendant to the per-
53	53		sonal physical pain or injury, illness, or death.
54	54		(b) Damage to property over $2,500 in value.
55	55		(c) Economic loss over $2,500 in value.
56	56		* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
57		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 3 2023 Senate Bill 75
	57	+	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 75
58	58		SECTION 4. 969.001 (3) of the statutes is created to
59	59		read:
60	60		969.001 (3) “Violent crime” means any of the follow-
61	61		ing:
62	62		(a) A crime specified under s. 940.01, 940.02,
63	63		940.03, 940.05, 940.06, 940.07, 940.08, 940.09 (1),
64	64		940.10, 940.11, 940.12, 940.19 (1), (2), (4), (5), or (6),
65	65		940.195 (1), (2), (4), (5), or (6), 940.198 (2) or (3),
66	66		940.20, 940.201 (2), 940.203 (2), 940.204, 940.205 (2),
67	67		940.207 (2), 940.208, 940.21, 940.225 (1), (2), or (3),
68	68		940.23, 940.235, 940.24, 940.25, 940.285, 940.29,
69	69		940.30, 940.302 (2), 940.305, 940.31, 940.32, 940.43,
70	70		940.45, 941.20, 941.21, 941.28, 941.2905, 941.292,
71	71		941.30, 941.327, 941.38 (2) or (3), 941.39, 943.01 (2) (c),
72	72		943.011, 943.013, 943.02, 943.04, 943.06, 943.10,
73	73		943.23 (1g) or (1r), 943.30, 943.32, 943.87, 946.43,
74	74		947.013, 947.015, 948.02 (1) or (2), 948.025, 948.03 (2),
75	75		(3), or (5), 948.04, 948.05, 948.051, 948.055, 948.06,
76	76		948.07, 948.08, 948.085, 948.095, 948.30 (2), 948.55,
77	77		951.02, 951.08, or 951.09.
78	78		(b) A felony violation of s. 941.26.
79	79		(c) A violation of s. 813.12, 813.122, or 813.125.
80	80		(d) The solicitation, conspiracy, or attempt, under s.
81	81		939.30, 939.31, or 939.32, to commit a Class A felony.
82	82		(e) A violation to which a penalty enhancer specified
83	83		in s. 939.621 or 939.63 (1) may be applied.
84	84		SECTION 5. 969.01 (1) of the statutes is renumbered
85	85		969.01 (1) (a) and amended to read:
86	86		969.01 (1) (a) Before conviction, except as provided
87	87		in ss. 969.035 and 971.14 (1r), a defendant arrested for a
88	88		criminal offense is eligible for release under reasonable
89	89		conditions designed to assure his or her appearance in
90	90		court, protect members of the community from serious
91	91		bodily harm, or and prevent the intimidation of wit-
92	92		nesses.
93	93		(b) Bail may be imposed at or after the initial appear-
94	94		ance only upon a finding by the court that there any of the
95	95		following is true:
96	96		1. There is a reasonable basis to believe that bail is
97	97		necessary to assure the defendant’s appearance in court.
98	98		In determining whether any conditions of release are
99	99		appropriate, the judge shall first consider the likelihood
100	100		of the defendant appearing for trial if released on his or
101	101		her own recognizance.
102	102		SECTION 6. 969.01 (1) (b) 2. of the statutes is created
103	103		to read:
104	104		969.01 (1) (b) 2. If the defendant is accused of a vio-
105	105		lent crime, there is a reasonable basis to believe that bail
106	106		is necessary based on the totality of the circumstances.
107	107		The court, when considering the totality of the circum-
108	108		stances, may take into account whether the defendant has
109	109		a previous conviction for a violent crime, the probability
110	110		that the defendant will fail to appear in court, the need to
111	111		protect members of the community from serious harm,
112	112		the need to prevent the intimidation of witnesses, and the
113	113		potential affirmative defenses of the defendant.
114	114		SECTION 7. 969.01 (4) of the statutes is amended to
115	115		read:
116	116		969.01 (4) CONSIDERATIONS IN SETTING CONDITIONS
117	117		OF RELEASE. If bail is imposed, it only due to a finding
118	118		under sub. (1) (b) 1., the bail amount shall be only in the
119	119		amount found necessary to assure the appearance of the
120	120		defendant. If bail is imposed due to a finding under sub.
121	121		(1) (b) 2., the bail amount may not be excessive. Condi-
122	122		tions of release, other than monetary conditions, may be
123	123		imposed for the purpose of assuring the defendant’s
124	124		appearance in court, protecting members of the commu-
125	125		nity from serious bodily harm, or preventing intimidation
126	126		of witnesses. Proper considerations in determining
127	127		whether to release the defendant without bail, fixing a
128	128		reasonable and not excessive amount of bail or imposing
129	129		other reasonable conditions of release are: the ability of
130	130		the arrested person to give bail, the nature, number and
131	131		gravity of the offenses and the potential penalty the
132	132		defendant faces, whether the alleged acts were violent in
133	133		nature, the defendant’s prior record of criminal convic-
134	134		tions and delinquency adjudications, if any, the character,
135	135		health, residence and reputation of the defendant, the
136	136		character and strength of the evidence which has been
137	137		presented to the judge, whether the defendant is currently
138	138		on probation, extended supervision or parole, whether
139	139		the defendant is already on bail or subject to other release
140	140		conditions in other pending cases, whether the defendant
141	141		has been bound over for trial after a preliminary examina-
142	142		tion, whether the defendant has in the past forfeited bail
143	143		or violated a condition of release or was a fugitive from
144	144		justice at the time of arrest, and the policy against unnec-
145	145		essary detention of the defendant’s pending trial.
146	146		SECTION 8. 969.02 (3) (d) of the statutes is amended
147	147		to read:
148	148		969.02 (3) (d) Impose any other condition deemed
149	149		reasonably necessary to assure appearance as required
150	150		bail following a finding under s. 969.01 (1) (b) or impose
151	151		any nonmonetary condition deemed reasonably neces-
152	152		sary to secure appearance in court as required, protect
153	153		members of the community from serious bodily harm, or
154	154		prevent intimidation of witnesses, including a condition
155	155		that the defendant return to custody after specified hours.
156	156		The charges authorized by s. 303.08 (4) and (5) shall not
157	157		apply under this section.
158	158		SECTION 9. 969.03 (1) (e) of the statutes is amended
159	159		to read:
160	160		969.03 (1) (e) Impose any other condition deemed
161	161		reasonably necessary to assure appearance as required
162	162		bail following a finding under s. 969.01 (1) (b) or any
163	163		nonmonetary condition deemed reasonably necessary to
164	164		secure appearance in court as required, protect members
165	165		of the community from serious bodily harm, or prevent
166	166		intimidation of witnesses, including a condition requir-
167	167		ing that the defendant return to custody after specified
168	168		hours. The charges authorized by s. 303.08 (4) and (5)
169		-	shall not apply under this section. − 3 − 2023 Wisconsin Act 3 2023 Senate Bill 75
	169	+	shall not apply under this section. − 3 − 2023 Wisconsin Act 2023 Senate Bill 75
170	170		SECTION 10. 969.035 (1) of the statutes is renum-
171	171		bered 969.035 (1) (intro.) and amended to read:
172	172		969.035 (1) (intro.) In this section:
173	173		(b) Notwithstanding s. 969.001 (3), “violent crime”
174	174		means any crime specified in s. 940.01, 940.02, 940.03,
175	175		940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5),
176	176		940.195 (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1),
177	177		940.23, 941.327, 948.02 (1) or (2), 948.025, 948.03, or
178	178		948.085.
179	179		SECTION 11.0Nonstatutory provisions.
180	180		(1) If, at the April 2023 election, only question 1 or
181	181		question 2 of 2023 Senate Joint Resolution 2 or 2023
182	182		Assembly Joint Resolution 1 is ratified, the treatments in
183	183		this act that are related to the question that was not ratified
184	184		are void. If neither question is ratified at the April 2023
185	185		election, this act is void. The legislative reference bureau
186	186		shall identify and delete voided treatments in enrolling
187	187		this bill or when publishing the statutes.
188	188		SECTION 12. 0Effective date.
189	189		(1) This act takes effect on the day after publication
190	190		or on the date that question 1 or question 2 of 2023 Senate
191	191		Joint Resolution 2 or 2023 Assembly Joint Resolution 1
192	192		is ratified, whichever is later.