Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AJR1

Introduced
1/6/23  
Refer
1/6/23  
Refer
1/12/23  

Caption

Conditions for release prior to conviction, including the imposition of bail (second consideration).

Impact

Should AJR1 be ratified, it could significantly alter the landscape of criminal justice in Wisconsin by increasing the state's ability to impose bail and other conditions on individuals accused of violent offenses. This change intends to enhance public safety and facilitate the legal system's efficacy in ensuring that serious offenders are monitored adequately while awaiting trial. Proponents of the bill argue that the current system is insufficient to protect victims and the community, advocating for the need to assess risk more rigorously. The amendment would come into effect following a successful vote by the people in the upcoming election.

Summary

AJR1 is a proposed constitutional amendment set to modify the conditions under which individuals may be released prior to conviction, particularly those accused of violent crimes. The amendment revises Section 8(2) of Article I of the Wisconsin Constitution to allow courts more discretion in imposing conditions of release, including cash bail. The ability to impose such conditions would depend on multiple factors, including the nature of the crime, the accused's criminal history, and their likelihood of appearing in court. The bill aims to increase community safety by allowing for higher standards of monitoring for individuals considered to be dangerous or likely to intimidate witnesses.

Contention

The proposed amendment has sparked discussions and concerns regarding civil rights and the presumption of innocence until proven guilty. Critics argue that the expanded powers granted to judges could lead to the unjust pre-trial detention of individuals based solely on their accusations rather than their proven actions. Issues of fairness and potential biases in the application of these measures are bringing up fears that lower-income individuals could be disproportionately affected. The stakeholders on both sides of the debate reflect a broader conversation about balancing public safety with individual rights in the criminal justice system.

Companion Bills

No companion bills found.

Previously Filed As

WI AJR145

Establishing a presumption that persons accused of crimes are eligible for pretrial release and ending cash bail in Wisconsin (first consideration).

WI SB1723

domestic violence; release conditions

WI SB9

Relating to the confinement or release of defendants before trial or sentencing, including regulating charitable bail organizations, and the conditions of and procedures for setting bail and reviewing bail decisions.

WI SB882

Modifies provisions relating to criminal offenses, including minimum prison terms and conditional release

WI HB3155

Modifies provisions relating to criminal offenses, including minimum prison terms and conditional release

WI HB240

Admission to bail; fixing terms of bail, mental health considerations.

WI S0760

Violations of Pretrial Release Conditions for Violent Crimes

WI A2506

Concerns consideration of factors by court at hearing for pretrial detention or violation of condition of pretrial release.

WI SB894

Modifies provisions relating to criminal offenses, including classification of offenses, minimum prison terms, and conditional release

WI SB1294

Modifies provisions relating to criminal offenses, including classification of offenses, minimum prison terms, and conditional release

Similar Bills

NJ SCR43

Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.

CA SB699

Legislature: constitutional course.

TX SJR54

Applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.

TX HJR98

Applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.

HI SB2265

Proposing Amendments To The Hawaii State Constitution To Enable Legislation By The People.

HI SB1225

Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.

HI SB1225

Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.

HI SB2315

Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii State Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.