Wisconsin 2021-2022 Regular Session Status: To Executive 7 R cosponsors

SB 857 — Relating to: Department of Justice collection of data on the use of appearance bonds and cash in lieu of appearance bonds. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

70 added · 26 removed

Plain-language change summary

The amendments to SB 857 change the language regarding who makes decisions about bail and release in criminal cases. Instead of repeatedly referring to "the judge," the bill now uses the broader term "court official," which could include other roles such as clerks or magistrates. This is significant because it acknowledges that various officials play a role in these decisions, potentially increasing transparency around how release conditions are determined. Overall, the changes aim to better capture the range of individuals involved in the judicial process.

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- 2022 LEGISLATURE LRBa1212/1 MLJ:emw SENATE AMENDMENT 1, TO SENATE BILL 857 February 15, 2022 - Offered by SenatRADLEY.
CORRECTED COPY - 2022 LEGISLATURE LRB-5360/1 MLJ:cdc SENATE BILL 857 January 13, 2022 - Introduced by Senators B RADLEY, W IMBERGER , NASS, ACQUE , KAPENGA , KOOYENGA , STROEBEL, TESTIN and F ELZKOWSKI , cosponsored by Representatives W ICHGERS, KNODL , ANFELIPPO, ALLEN , EHNKE , BRANDTJEN , GUNDRUM , KUGLITSCH, MURPHY and S KOWRONSKI .
At the locations indicated, amend the bill as follows:
Referred to Committee on Judiciary and Public Safety.
1.
A N A CT to create 165.845 (1r) (a) 3., 165.845 (1r) (e) and 758.19 (8) of the statutes;
Page 2, line 2:
relating to:
after “every" insert “case involving a".
Department of Justice collection of data on the use of appearance bonds and cash in lieu of appearance bonds.
2.
Analysis by the Legislative Reference Bureau This bill requires the Department of Justice to collect from the Director of State Courts all of the following information for each crime charged:
Page 2, line 4:
1) the county in which charges were filed;
delete “charges were" and substitute “the case was".
2) the name of the prosecuting attorney assigned to the case;
3.
3) the name of the judge assigned to the case;
Page 2, line 6:
4) the criminal charge filed;
delete “judge" and substitute “court official".
5) for each criminal charge filed, whether the judge released the defendant without bail, upon the execution of an unsecured appearance bond, upon the execution of an appearance bond with sufficient solvent sureties, or upon the deposit of cash in lieu of sureties, or denied release under s.
4.
969.035;
Page 2, line 8:
6) for each criminal charge for which a judge required the execution of an appearance bond with sufficient solvent sureties, the monetary amount of the bond;
delete “criminal charge filed, whether the judge" and substitute “case, whether the court official".
7) for each criminal charge for which a judge required the deposit of cash in lieu of sureties, the monetary amount of cash required;
5.
and 8) for each criminal charge filed, any other conditions of release imposed on the defendant.
Page 2, line 11:
Under the bill, DOJ must publish an annual report using the data collected on its Internet site in an interactive format, and also submit a report on the data to the chief clerk of each house of the legislature for distribution to the appropriate standing committees.
delete “969.035" and substitute “969.035, and the name of the court official who made the decision".
- 2022 Legislature - 2 - LRB-5360/1 MLJ:cdc SENATE BILL 857 For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
6.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Page 2, line 12:
SECTION 1.
delete “criminal charge for which a judge" and substitute “case for which a court official".
165.845 (1r) (a) 3.
7.
of the statutes is created to read:
Page 2, line 13:
165.845 (1r) (a) 3.
after “of the bond" insert “and the name of the court official who made the decision".
For every crime, as defined in s.
LRBa1212/1 - 2022 Legislature - 2 - MLJ:emw 8.
939.12, that resulted in charges being filed in any circuit court, all of the following information:
Page 2, line 14:
a.
delete “criminal charge for which a judge" and substitute “case for which a court official".
The county in which charges were filed.
9.
b.
Page 2, line 15:
The name of the prosecuting attorney assigned to the case.
after “required" insert “and the name of the court official who made the decision".
c.
10.
The name of the judge assigned to the case.
Page 2, line 16:
d.
delete “criminal charge filed," and substitute “case,".
The criminal charge filed.
11.
e.
Page 2, line 17:
For each criminal charge filed, whether the judge released the defendant without bail, upon the execution of an unsecured appearance bond, upon the execution of an appearance bond with sufficient solvent sureties, or upon the deposit of cash in lieu of sureties, or denied release under s.
after “defendant" insert “and the name of the court official who made the decision".
969.035.
f.
For each criminal charge for which a judge required the execution of an appearance bond with sufficient solvent sureties, the monetary amount of the bond.
g.
For each criminal charge for which a judge required the deposit of cash in lieu of sureties, the monetary amount of cash required.
h.
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For each criminal charge filed, any other conditions of release imposed on the defendant.
SECTION 2.
165.845 (1r) (f) of the statutes is created to read:
165.845(1r) (f) Publish an annual report using the information collected under par.
(a) 3.
The report shall be published electronically on the department of justice's Internet site in an interactive format and shall be submitted in a static version to the LRB-5360/1 - 2022 Legislature - 3 - MLJ:cdc SECTION 2 SENATE BILL 857 chief clerk of each house of the legislature for distribution to the appropriate standing committees under s.
13.172 (3).
The report shall include, at a minimum, all information that is reported to the department by the director of state courts under par.
(a) 3.
SECTION 3.
758.19 (8) of the statutes is created to read:
758.19(8) The director of state courts shall provide to the department of justice all information required for reporting under s.
165.845 (1r) (a) 3.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Read first time and referred to committee on Rules

  3. Received from Senate

  4. Ordered immediately messaged

  5. Read a third time and passed, Ayes 24, Noes 9

  6. Rules suspended

  7. Ordered to a third reading

  8. Senate Amendment 1 adopted

  9. Read a second time

  10. Placed on calendar 2-22-2022 pursuant to Senate Rule 18(1)

  11. Available for scheduling

  12. Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 2

  13. Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 2

  14. Executive action taken

  15. Senate Amendment 1 offered by Senator Bradley

  16. Fiscal estimate received

  17. Fiscal estimate received

  18. Public hearing held

  19. Read first time and referred to Committee on Judiciary and Public Safety

  20. Introduced by Senators Bradley, Wimberger, Nass, Jacque, Kapenga, Kooyenga, Stroebel, Testin and Felzkowski; cosponsored by Representatives Wichgers, Knodl, Sanfelippo, Allen, Behnke, Brandtjen, Gundrum, Kuglitsch, Murphy and Skowronski

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 123 not signed on · 7 voted No

Sponsors (9)

Co-sponsors (0)

None.

Not signed on (123)

123 members have not signed on to this bill.

Show all 123 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 24 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10200
Republican 13000
Democrat 1700
Total 24900
% of votes cast 73%27%0%0%
How each member voted (33)
Member Party Vote
AGARD — Yea
BALLWEG — Yea
RINGHAND — Yea
BERNIER — Yea
ROTH — Yea
KOOYENGA — Yea
COWLES — Yea
STROEBEL — Yea
DARLING — Yea
PETROWSKI — Yea
BEWLEY — Nay
ERPENBACH — Nay
Carpenter, Tim Democrat Nay
Johnson, LaTonya Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Yea
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

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Subjects

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Frequently asked questions

Who sponsors SB 857?
SB 857 is sponsored by Felzkowski, Mary (Republican), Testin, Patrick (Republican), Stroebel, Kooyenga, Kapenga, Chris (Republican), Jacque, André (Republican), Nass, Steve (Republican), Wimberger, Eric (Republican), and Bradley, Julian (Republican).
What is the current status of SB 857?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 857?
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Last checked for changes 3 months ago · updated continuously

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