Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SJR2 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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	3	+	2023 - 2024 LEGISLATURE
1	4		2023 SENATE JOINT RESOLUTIO N 2
2		-
3		-	ENROLLED JOINT RESOLUTION
4		-
5		-	To amend section 8 (2) of article I of the constitution; relating to: conditions for release prior to
6		-	conviction, including the imposition of bail (second consideration).
7		-	Whereas, the 2021 legislature in regular session considered a proposed amendment to the
8		-	constitution in 2021 Assembly Joint Resolution 107, which became 2021 Enrolled Joint Resolution 6,
9		-	and agreed to it by a majority of the members elected to each of the two houses, which proposed
10		-	amendment reads as follows:
11		-	SECTION 1. Section 8 (2) of article I of the constitution is amended to read:
12		-	[Article I] Section 8 (2) All persons, before conviction, shall be eligible for release
13		-	under reasonable conditions designed to assure their appearance in court, protect members
14		-	of the community from serious bodily harm as defined by the legislature by law, or prevent
15		-	the intimidation of witnesses. Monetary conditions of release may be imposed at or after
16		-	the initial appearance only upon a finding that there is a reasonable basis to believe that the
17		-	conditions are necessary to assure appearance in court, or if the person is accused of a
18		-	violent crime as defined by the legislature by law, only upon a finding that there is a
19		-	reasonable basis to believe that the conditions are necessary based on the totality of the
20		-	circumstances, taking into account whether the accused has a previous conviction for a
21		-	violent crime as defined by the legislature by law, the probability that the accused will fail
22		-	to appear in court, the need to protect members of the community from serious harm as
23		-	defined by the legislature by law, the need to prevent the intimidation of witnesses, and the
24		-	potential affirmative defenses of the accused. The legislature may authorize, by law, courts
25		-	to revoke a person’s release for a violation of a condition of release.
26		-	Now, therefore, be it resolved by the senate, the assembly concurring, That the foregoing
27		-	proposed amendment to the constitution is agreed to by the 2023 legislature; and, be it further
28		-	Resolved, That the foregoing proposed amendment to the constitution be submitted to a vote of
29		-	the people at the election to be held on the first Tuesday of April, 2023; and, be it further
30		-	Resolved, That the question concerning ratification of the foregoing proposed amendment to the
31		-	constitution be stated on the ballot as follows:
32		-	QUESTION 1: “Conditions of release before conviction. Shall section 8 (2) of article I of the
33		-	constitution be amended to allow a court to impose on an accused person being released before
34		-	conviction conditions that are designed to protect the community from serious harm?”
35		-	QUESTION 2: “Cash bail before conviction. Shall section 8 (2) of article I of the constitution be
36		-	amended to allow a court to impose cash bail on a person accused of a violent crime based on the totality
37		-	of the circumstances, including the accused’s previous convictions for a violent crime, the probability
38		-	that the accused will fail to appear, the need to protect the community from serious harm and prevent
39		-	witness intimidation, and potential affirmative defenses?”
40		-	Representative Robin J. Vos
41		-	Speaker of the Assembly
42		-	Senator Chris Kapenga
43		-	President of the Senate
44		-	Date
45		-	Michael J. Queensland
46		-	Senate Chief Clerk
	5	+	January 5, 2023 - Introduced by Senators WANGGAARD, BRADLEY, TESTIN, STROEBEL,
	6	+	JAMES, QUINN and FEYEN, cosponsored by Representatives DUCHOW, NEYLON,
	7	+	ALLEN, BRANDTJEN, DITTRICH, EDMING, GUNDRUM, KITCHENS, KNODL, KRUG,
	8	+	KURTZ, MACCO, MAGNAFICI, MICHALSKI, MOSES, MURPHY, NOVAK, ORTIZ-VELEZ,
	9	+	PENTERMAN, RETTINGER, ROZAR, SNYDER, SORTWELL, STEFFEN, TITTL, WICHGERS
	10	+	and WITTKE. Referred to Committee on Judiciary and Public Safety.
	11	+	*AUTHORS SUBJECT TO CHANGE*
	12	+	To amend section 8 (2) of article I of the constitution; relating to: conditions for
	13	+	release prior to conviction, including the imposition of bail (second
	14	+	consideration).
	15	+	Analysis by the Legislative Reference Bureau
	16	+	EXPLANATION OF PROPOSAL
	17	+	This proposed constitutional amendment, to be given second consideration by
	18	+	the 2023 legislature for submittal to the voters in April 2023, was first considered by
	19	+	the 2021 legislature in 2021 Assembly Joint Resolution 107, which became 2021
	20	+	Enrolled Joint Resolution 6.
	21	+	Under the Wisconsin Constitution, a person accused of a crime is eligible for
	22	+	release before conviction under reasonable conditions designed to assure the
	23	+	appearance of the accused in court, protect members of the community from serious
	24	+	bodily harm, or prevent the intimidation of witnesses. Such conditions of release
	25	+	may include monetary bail only upon a finding that there is a reasonable basis to
	26	+	believe that bail is necessary to assure the appearance of the accused in court.
	27	+	This constitutional amendment provides that the accused is eligible for release
	28	+	before conviction under reasonable conditions designed to protect members of the
	29	+	community from serious harm as defined by the legislature by law, not just serious
	30	+	bodily harm, in addition to the other conditions specified above.
	31	+	The constitutional amendment also eliminates, only with respect to violent
	32	+	crimes as defined by the legislature by law, the requirement that monetary bail may
	33	+	be imposed as a condition of release before conviction only upon a finding that there
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	40	+	is a reasonable basis to believe that it is necessary to assure the appearance of the
	41	+	accused in court. Instead, the constitutional amendment authorizes the imposition
	42	+	of bail as a condition of release for persons accused of violent crimes only upon a
	43	+	finding that there is a reasonable basis to believe that it is necessary based on the
	44	+	totality of the circumstances, taking into account the seriousness of the offense
	45	+	charged; whether the accused has a previous conviction for a violent crime as defined
	46	+	by the legislature by law; the probability that the accused will fail to appear in court;
	47	+	the need to protect members of the community from serious harm as defined by the
	48	+	legislature by law; the need to prevent the intimidation of witnesses; and the
	49	+	potential affirmative defenses of the accused.
	50	+	PROCEDURE FOR SECOND CONSIDERA TION
	51	+	When a proposed constitutional amendment is before the legislature on second
	52	+	consideration, any change in the text approved by the preceding legislature causes
	53	+	the proposed constitutional amendment to revert to first consideration status so that
	54	+	second consideration approval would have to be given by the next legislature before
	55	+	the proposal may be submitted to the people for ratification [see joint rule 57 (2)].
	56	+	If the legislature approves a proposed constitutional amendment on second
	57	+	consideration, it must also set the date for submitting the proposed constitutional
	58	+	amendment to the people for ratification and must determine the question or
	59	+	questions to appear on the ballot.
	60	+	Whereas, the 2021 legislature in regular session considered a proposed
	61	+	amendment to the constitution in 2021 Assembly Joint Resolution 107, which
	62	+	became 2021 Enrolled Joint Resolution 6, and agreed to it by a majority of the
	63	+	members elected to each of the two houses, which proposed amendment reads as
	64	+	follows:
	65	+	SECTION 1. Section 8 (2) of article I of the constitution is amended
	66	+	to read:
	67	+	[Article I] Section 8 (2) All persons, before conviction, shall be
	68	+	eligible for release under reasonable conditions designed to assure their
	69	+	appearance in court, protect members of the community from serious
	70	+	bodily harm as defined by the legislature by law, or prevent the
	71	+	intimidation of witnesses. Monetary conditions of release may be imposed
	72	+	at or after the initial appearance only upon a finding that there is a
	73	+	reasonable basis to believe that the conditions are necessary to assure
	74	+	appearance in court, or if the person is accused of a violent crime as
	75	+	defined by the legislature by law, only upon a finding that there is a
	76	+	reasonable basis to believe that the conditions are necessary based on the
	77	+	totality of the circumstances, taking into account whether the accused has
	78	+	a previous conviction for a violent crime as defined by the legislature by
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	86	+	SECTION 1
	87	+	2023 - 2024 Legislature
	88	+	law, the probability that the accused will fail to appear in court, the need
	89	+	to protect members of the community from serious harm as defined by the
	90	+	legislature by law, the need to prevent the intimidation of witnesses, and
	91	+	the potential affirmative defenses of the accused. The legislature may
	92	+	authorize, by law, courts to revoke a person's release for a violation of a
	93	+	condition of release.
	94	+	Now, therefore, be it resolved by the senate, the assembly concurring,
	95	+	That the foregoing proposed amendment to the constitution is agreed to by the 2023
	96	+	legislature; and, be it further
	97	+	Resolved, That the foregoing proposed amendment to the constitution be
	98	+	submitted to a vote of the people at the election to be held on the first Tuesday of April,
	99	+	2023; and, be it further
	100	+	Resolved, That the question concerning ratification of the foregoing proposed
	101	+	amendment to the constitution be stated on the ballot as follows:
	102	+	QUESTION 1: “Conditions of release before conviction. Shall section 8 (2)
	103	+	of article I of the constitution be amended to allow a court to impose on an accused
	104	+	person being released before conviction conditions that are designed to protect the
	105	+	community from serious harm?”
	106	+	QUESTION 2: “Cash bail before conviction. Shall section 8 (2) of article I of
	107	+	the constitution be amended to allow a court to impose cash bail on a person accused
	108	+	of a violent crime based on the totality of the circumstances, including the
	109	+	seriousness of the crime, previous convictions of the accused, the probability that the
	110	+	accused will fail to appear, the need to protect the community from serious harm and
	111	+	prevent witness intimidation, and potential affirmative defenses?"
	112	+	(END)
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