Date of enactment: April 5, 2023
2023 Senate Bill 75 Date of publication*: April 6, 2023
2023 WISCONSIN ACT 3
AN ACT to renumber 969.001 (2); to renumber and amend 969.01 (1) and 969.035 (1); to amend 165.957 (4) (a)
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
(1) (b) 2. of the statutes; relating to: statutory changes to implement the constitutional amendment relating to condi-
tions of release.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 165.957 (4) (a) 1. and 2. and (c) of the
statutes are amended to read:
165.957 (4) (a) 1. The person is ordered by a judge
or by the department of corrections as a condition of
bond, release under s. 969.01 (1) (a), probation or
deferred prosecution, release to parole, or release to
extended supervision, to totally abstain from using alco-
hol or a controlled substance, and whose participation in
the program is ordered by the judge or by the department
of corrections as a condition of bond, release under s.
969.01 (1) (a), probation, release to parole, or release to
extended supervision.
2. The person agrees to totally abstain from using
alcohol or a controlled substance while he or she is
released on bond, on release under s. 969.01 (1) (a), on
probation, participating in a deferred prosecution agree-
ment, or on parole or extended supervision and agrees to
participate in the program even though his or her partici-
pation is not ordered by a judge or by the department of
corrections as a condition of bond, release pursuant to s.
969.01 (1) (a), probation or deferred prosecution, or
release to parole or to extended supervision. This subdi-
vision does not apply to any person who meets the criteria
under s. 343.301 (1g) (a) 2. b. and who is subject to an
order under s. 343.301 (1g) (am) 2.
(c) The program informs a participant that, if he or
she fails to appear for a scheduled test or if his or her test
results indicate that the participant used alcohol or a con-
trolled substance, he or she may be placed under immedi-
ate arrest and referred to the department of corrections
and to the appropriate prosecuting agency for violating a
condition of his or her bond, release under s. 969.01 (1)
(a), probation or deferred prosecution, or of his or her
release to parole or extended supervision.
SECTION 2. 969.001 (2) of the statutes is renumbered
969.035 (1) (a).
SECTION 3. 969.001 (2m) of the statutes is created to
read:
969.001 (2m) “Serious harm” means any of the fol-
lowing:
(a) Personal physical pain or injury, illness, any
impairment of physical condition, or death, including
mental anguish or emotional harm attendant to the per-
sonal physical pain or injury, illness, or death.
(b) Damage to property over $2,500 in value.
(c) Economic loss over $2,500 in value.
* 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
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
SECTION 4. 969.001 (3) of the statutes is created to
read:
969.001 (3) “Violent crime” means any of the follow-
ing:
(a) A crime specified under s. 940.01, 940.02,
940.03, 940.05, 940.06, 940.07, 940.08, 940.09 (1),
940.10, 940.11, 940.12, 940.19 (1), (2), (4), (5), or (6),
940.195 (1), (2), (4), (5), or (6), 940.198 (2) or (3),
940.20, 940.201 (2), 940.203 (2), 940.204, 940.205 (2),
940.207 (2), 940.208, 940.21, 940.225 (1), (2), or (3),
940.23, 940.235, 940.24, 940.25, 940.285, 940.29,
940.30, 940.302 (2), 940.305, 940.31, 940.32, 940.43,
940.45, 941.20, 941.21, 941.28, 941.2905, 941.292,
941.30, 941.327, 941.38 (2) or (3), 941.39, 943.01 (2) (c),
943.011, 943.013, 943.02, 943.04, 943.06, 943.10,
943.23 (1g) or (1r), 943.30, 943.32, 943.87, 946.43,
947.013, 947.015, 948.02 (1) or (2), 948.025, 948.03 (2),
(3), or (5), 948.04, 948.05, 948.051, 948.055, 948.06,
948.07, 948.08, 948.085, 948.095, 948.30 (2), 948.55,
951.02, 951.08, or 951.09.
(b) A felony violation of s. 941.26.
(c) A violation of s. 813.12, 813.122, or 813.125.
(d) The solicitation, conspiracy, or attempt, under s.
939.30, 939.31, or 939.32, to commit a Class A felony.
(e) A violation to which a penalty enhancer specified
in s. 939.621 or 939.63 (1) may be applied.
SECTION 5. 969.01 (1) of the statutes is renumbered
969.01 (1) (a) and amended to read:
969.01 (1) (a) Before conviction, except as provided
in ss. 969.035 and 971.14 (1r), a defendant arrested for a
criminal offense is eligible for release under reasonable
conditions designed to assure his or her appearance in
court, protect members of the community from serious
bodily harm, or and prevent the intimidation of wit-
nesses.
(b) Bail may be imposed at or after the initial appear-
ance only upon a finding by the court that there any of the
following is true:
1. There is a reasonable basis to believe that bail is
necessary to assure the defendant’s appearance in court.
In determining whether any conditions of release are
appropriate, the judge shall first consider the likelihood
of the defendant appearing for trial if released on his or
her own recognizance.
SECTION 6. 969.01 (1) (b) 2. of the statutes is created
to read:
969.01 (1) (b) 2. If the defendant is accused of a vio-
lent crime, there is a reasonable basis to believe that bail
is necessary based on the totality of the circumstances.
The court, when considering the totality of the circum-
stances, may take into account whether the defendant has
a previous conviction for a violent crime, the probability
that the defendant will fail to appear in court, the need to
protect members of the community from serious harm,
the need to prevent the intimidation of witnesses, and the
potential affirmative defenses of the defendant.
SECTION 7. 969.01 (4) of the statutes is amended to
read:
969.01 (4) CONSIDERATIONS IN SETTING CONDITIONS
OF RELEASE. If bail is imposed, it only due to a finding
under sub. (1) (b) 1., the bail amount shall be only in the
amount found necessary to assure the appearance of the
defendant. If bail is imposed due to a finding under sub.
(1) (b) 2., the bail amount may not be excessive. Condi-
tions of release, other than monetary conditions, may be
imposed for the purpose of assuring the defendant’s
appearance in court, protecting members of the commu-
nity from serious bodily harm, or preventing intimidation
of witnesses. Proper considerations in determining
whether to release the defendant without bail, fixing a
reasonable and not excessive amount of bail or imposing
other reasonable conditions of release are: the ability of
the arrested person to give bail, the nature, number and
gravity of the offenses and the potential penalty the
defendant faces, whether the alleged acts were violent in
nature, the defendant’s prior record of criminal convic-
tions and delinquency adjudications, if any, the character,
health, residence and reputation of the defendant, the
character and strength of the evidence which has been
presented to the judge, whether the defendant is currently
on probation, extended supervision or parole, whether
the defendant is already on bail or subject to other release
conditions in other pending cases, whether the defendant
has been bound over for trial after a preliminary examina-
tion, whether the defendant has in the past forfeited bail
or violated a condition of release or was a fugitive from
justice at the time of arrest, and the policy against unnec-
essary detention of the defendant’s pending trial.
SECTION 8. 969.02 (3) (d) of the statutes is amended
to read:
969.02 (3) (d) Impose any other condition deemed
reasonably necessary to assure appearance as required
bail following a finding under s. 969.01 (1) (b) or impose
any nonmonetary condition deemed reasonably neces-
sary to secure appearance in court as required, protect
members of the community from serious bodily harm, or
prevent intimidation of witnesses, including a condition
that the defendant return to custody after specified hours.
The charges authorized by s. 303.08 (4) and (5) shall not
apply under this section.
SECTION 9. 969.03 (1) (e) of the statutes is amended
to read:
969.03 (1) (e) Impose any other condition deemed
reasonably necessary to assure appearance as required
bail following a finding under s. 969.01 (1) (b) or any
nonmonetary condition deemed reasonably necessary to
secure appearance in court as required, protect members
of the community from serious bodily harm, or prevent
intimidation of witnesses, including a condition requir-
ing that the defendant return to custody after specified
hours. The charges authorized by s. 303.08 (4) and (5)
shall not apply under this section. − 3 − 2023 Wisconsin Act 3 2023 Senate Bill 75
SECTION 10. 969.035 (1) of the statutes is renum-
bered 969.035 (1) (intro.) and amended to read:
969.035 (1) (intro.) In this section:
(b) Notwithstanding s. 969.001 (3), “violent crime”
means any crime specified in s. 940.01, 940.02, 940.03,
940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5),
940.195 (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1),
940.23, 941.327, 948.02 (1) or (2), 948.025, 948.03, or
948.085.
SECTION 11.0Nonstatutory provisions.
(1) If, at the April 2023 election, only question 1 or
question 2 of 2023 Senate Joint Resolution 2 or 2023
Assembly Joint Resolution 1 is ratified, the treatments in
this act that are related to the question that was not ratified
are void. If neither question is ratified at the April 2023
election, this act is void. The legislative reference bureau
shall identify and delete voided treatments in enrolling
this bill or when publishing the statutes.
SECTION 12. 0Effective date.
(1) This act takes effect on the day after publication
or on the date that question 1 or question 2 of 2023 Senate
Joint Resolution 2 or 2023 Assembly Joint Resolution 1
is ratified, whichever is later.