Senate Bill 75
Statutory changes to implement the constitutional amendment relating to conditions of release
Became law
The governor signed it on Apr 6, 2023. It's .
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Introduced, passed
Feb 21, 2023
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Committee, passed
Approved
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Senate vote, passed
Passed Mar 22, 2023
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Assembly vote, passed
Passed 67 to 30
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Governor, passed
Signed
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Law, here now
2023 Wisconsin Act 3
Latest entry in the official record, Apr 6, 2023: “Published 4-6-2023”
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Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it does
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under the Wisconsin Constitution, a person accused of a crime is eligible for release before conviction under reasonable conditions designed to do any of the following: 1) assure that he or she will appear in court; 2) protect members of the community from serious bodily harm; or 3) prevent the intimidation of witnesses.
The conditions of release may include monetary bail only if the court finds that there is a reasonable basis to believe that bail is necessary to assure that the defendant will appear in court. The Wisconsin Statutes relating to preconviction release contain the same language as the constitution.
Read the full summary Show less
A proposed amendment to the Wisconsin Constitution, to be given second consideration by the 2023 legislature for submittal to the voters in April 2023, changes these provisions. This bill changes the statutes relating to preconviction release to conform to the changes in the proposed constitutional amendment. The bill will take effect when the amendment is ratified by the voters and will be void if the amendment is not ratified by the voters.
Conditions of preconviction release The proposed constitutional amendment provides that a defendant is eligible for release before conviction under reasonable conditions designed to protect members of the community from “serious harm as defined by the legislature by law,” not just “serious bodily harm.” The bill defines “serious harm,” as required by the amendment, and harmonizes the statutes with the amended constitutional provision to allow the court to set reasonable conditions designed to protect members of the community from serious harm. Under the bill, “serious harm” is defined as any of the following: 1) personal physical pain or injury, illness, any impairment of physical condition, or death, including mental anguish or emotional harm attendant to the personal physical pain or injury, illness, or death; 2) damage to property over $2,500 in value; or 3) economic loss over $2,500 in value.
When bail may be imposed The proposed constitutional amendment also expands the reasons why a court may impose monetary bail on a defendant as a condition of release. Under current law, monetary bail may be imposed only if the court finds that there is a reasonable basis to believe bail is necessary to assure that the defendant will appear in court.
The proposed constitutional amendment adds that, if the defendant is accused of a violent crime as defined by the legislature by law, monetary bail may be imposed if the court finds that there is a reasonable basis to believe that bail is necessary based on the totality of the circumstances. The proposed amendment provides that, when considering the totality of the circumstances, the court may take into account whether the defendant has a previous conviction for a violent crime as defined by the legislature by law; the probability that the defendant will fail to appear; the need to protect members of the community from serious harm as defined by the legislature by law; the need to prevent the intimidation of witnesses; and the potential affirmative defenses of the defendant. The bill defines “violent crime” for this purpose, and it changes the statutes to incorporate the additional reasons that the court may impose monetary bail as a condition of release. The definition of “violent crime” includes crimes such as homicide, aggravated and special circumstances battery, mayhem, sexual assault, false imprisonment, human trafficking, taking of hostages, kidnapping, stalking, disarming a police officer, arson, felony burglary, and carjacking; crimes to which a domestic abuse or dangerous weapon penalty enhancer may be applied; the violation of a domestic abuse, child abuse, or harassment injunction; or the solicitation, conspiracy, or attempt to commit a Class A felony.
Who's behind it
6 senators are its . All 6 are Republicans.
20 more lawmakers .
See all 26 names Hide the names
Authors (6)
- Julian Bradley · Republican, Senate
- Rob Cowles · Republican, Senate
- Howard Marklein · Republican, Senate
- Duey Stroebel · Republican, Senate
- Cory Tomczyk · Republican, Senate
- Van Wanggaard · Republican, Senate
Signed on in support (20)
- Elijah Behnke · Republican, Assembly
- Rob Brooks · Republican, Assembly
- Barbara Dittrich · Republican, Assembly
- Bob Donovan · Republican, Assembly
- Cindi Duchow · Republican, Assembly
- James Edming · Republican, Assembly
- Joel Kitchens · Republican, Assembly
- Gae Magnafici · Republican, Assembly
- Tom Michalski · Republican, Assembly
- Dave Murphy · Republican, Assembly
- Adam Neylon · Republican, Assembly
- Todd Novak · Republican, Assembly
- Jerry O'Connor · Republican, Assembly
- Nik Rettinger · Republican, Assembly
- Jessie Rodriguez · Republican, Assembly
- Donna Rozar · Republican, Assembly
- John Spiros · Republican, Assembly
- David Steffen · Republican, Assembly
- Chuck Wichgers · Republican, Assembly
- Bob Wittke · Republican, Assembly
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There were 6 votes on this bill.
Senate Committee on Judiciary and Public Safety vote on an amendment
Passed, 5 to 3 · Mar 16, 2023
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3”. Official record · This vote on its own page
Senate Committee on Judiciary and Public Safety vote to recommend it
Passed, 5 to 3 · Mar 16, 2023
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3”. Official record · This vote on its own page
Assembly vote to pass it
Passed, 67 to 30 · Mar 22, 2023 · 2 didn't vote
See how each of the 99 representatives voted Hide the names
D: Democrat, R: Republican
Yes (67)
- Adam Neylon (R, 15)
- Alex Dallman (R, 39)
- Amanda Nedweski (R, 32)
- Amy Binsfeld (R, 27)
- Angie Sapik (R, 73)
- Barbara Dittrich (R, 99)
- Bob Donovan (R, 61)
- Bob Wittke (R, 63)
- Calvin Callahan (R, 35)
- Chanz Green (R, 74)
- Chuck Wichgers (R, 84)
- Cindi Duchow (R, 97)
- Clint Moses (R, 92)
- Dan Knodl (R, 24)
- Dave Armstrong (R, 67)
- Dave Maxey (R, 83)
- Dave Murphy (R, 56)
- David Steffen (R, 4)
- Deb Andraca (D, 23)
- Donna Rozar (R, 69)
- Elijah Behnke (R, 6)
- Ellen Schutt (R, 31)
- Gae Magnafici (R, 28)
- Gus Gustafson (R, 55)
- James Edming (R, 87)
- Janel Brandtjen (R, 22)
- Jeff Mursau (R, 36)
- Jerry O'Connor (R, 60)
- Jessie Rodriguez (R, 21)
- Joel Kitchens (R, 1)
- John Macco (R, 88)
- John Spiros (R, 86)
- Jon Plumer (R, 42)
- Joy Goeben (R, 5)
- Karen Hurd (R, 69)
- Katrina Shankland (D, 71)
- Kevin Petersen (R, 57)
- Lisa Subeck (D, 79)
- Loren Oldenburg (R, 96)
- Mark Born (R, 37)
- Michael Schraa (R, 53)
- Nancy VanderMeer (R, 70)
- Nik Rettinger (R, 83)
- Pat Snyder (R, 85)
- Paul Tittl (R, 25)
- Peter Schmidt (R, 6)
- Rick Gundrum (R, 58)
- Rob Brooks (R, 59)
- Rob Summerfield (R, 68)
- Robin Vos (R, 33)
- Scott Allen (R, 82)
- Scott Johnson (R, 33)
- Scott Krug (R, 72)
- Shae Sortwell (R, 2)
- Shannon Zimmerman (R, 30)
- Steve Doyle (D, 94)
- Sylvia Ortiz-Velez (D, 8)
- Terry Katsma (R, 26)
- Todd Novak (R, 51)
- Tom Michalski (R, 13)
- Tony Kurtz (R, 41)
- Travis Tranel (R, 49)
- Treig Pronschinske (R, 29)
- Ty Bodden (R, 59)
- Tyler August (R, 31)
- Warren Petryk (R, 93)
- Will Penterman (R, 38)
No (30)
- Alex Joers (D, 81)
- Christine Sinicki (D, 20)
- Clint Anderson (D, 45)
- Daniel Riemer (D, 7)
- Darrin Madison (D, 10)
- Dave Considine (D, 81)
- Dora Drake (D, 4)
- Evan Goyke (D, 18)
- Francesca Hong (D, 76)
- Greta Neubauer (D, 66)
- Jenna Jacobson (D, 50)
- Jill Billings (D, 95)
- Jimmy Anderson (D, 47)
- Jodi Emerson (D, 91)
- Kalan Haywood (D, 16)
- Kristina Shelton (D, 90)
- LaKeshia Myers (D, 12)
- Lee Snodgrass (D, 52)
- Lori Palmeri (D, 54)
- Marisabel Cabrera (D, 9)
- Melissa Ratcliff (D, 16)
- Mike Bare (D, 80)
- Robyn Vining (D, 13)
- Ryan Clancy (D, 19)
- Samba Baldeh (D, 48)
- Shelia Stubbs (D, 78)
- Sue Conley (D, 44)
- Supreme Moore Omokunde (D, 17)
- Tip McGuire (D, 64)
- Tod Ohnstad (D, 65)
Didn't vote (2)
- Rob Swearingen (R, 34)
- Ron Tusler (R, 3)
Official motion: “CONCURRENCE”. Official record · This vote on its own page
Assembly vote on an amendment
Passed, 62 to 35 · Mar 22, 2023
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Assembly Amendment 1 laid on table, Ayes 62, Noes 35”. Official record · This vote on its own page
Senate vote on an amendment
Passed, 20 to 11 · Mar 22, 2023
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Senate Amendment 2 rejected, Ayes 20, Noes 11”. Official record · This vote on its own page
Senate vote to pass it
Passed, 21 to 10 · Mar 22, 2023 · 1 didn't vote
See how each of the 32 senators voted Hide the names
D: Democrat, R: Republican
Yes (21)
- Brad Pfaff (D, 32)
- Chris Kapenga (R, 33)
- Cory Tomczyk (R, 29)
- Dan Feyen (R, 20)
- Devin LeMahieu (R, 9)
- Duey Stroebel (R, 20)
- Eric Wimberger (R, 2)
- Howard Marklein (R, 17)
- Jesse James (R, 23)
- Joan Ballweg (R, 14)
- John Jagler (R, 13)
- Julian Bradley (R, 28)
- Mary Felzkowski (R, 12)
- Patrick Testin (R, 24)
- Rachael Cabral-Guevara (R, 19)
- Rob Cowles (R, 2)
- Rob Hutton (R, 5)
- Rob Stafsholt (R, 10)
- Romaine Quinn (R, 25)
- Steve Nass (R, 11)
- Van Wanggaard (R, 21)
No (10)
- Bob Wirch (D, 22)
- Chris Larson (D, 7)
- Dianne Hesselbein (D, 27)
- Jeff Smith (D, 31)
- Kelda Roys (D, 26)
- LaTonya Johnson (D, 6)
- Lena Taylor (D, 4)
- Mark Spreitzer (D, 15)
- Melissa Agard (D, 16)
- Tim Carpenter (D, 3)
Didn't vote (1)
- André Jacque (R, 1)
Official motion: “PASSAGE”. Official record · This vote on its own page
What happened
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Apr 6, 2023
The new law was published.
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Apr 6, 2023
The governor signed it. It became 2023 Wisconsin Act 3.
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Mar 30, 2023
Sent to the governor.
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Mar 22, 2023
The Assembly passed it too, 67 to 30.
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Mar 22, 2023
“Read” (the official wording)
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Mar 22, 2023
The Assembly received it.
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Mar 22, 2023
The Senate passed it, 21 to 10.
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Mar 22, 2023
The Senate adopted it.
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Mar 16, 2023
The committee voted to recommend passing it, 5 to 3.
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Mar 16, 2023
“Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3” (the official wording)
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Mar 7, 2023
The committee held a public hearing.
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Feb 21, 2023
Sent to the Senate Committee on Judiciary and Public Safety.
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Feb 21, 2023
Introduced in the Senate.
See the official record, word for word Hide the official record
- Feb 21, 2023 · Senate
Introduced by Senators Wanggaard, Bradley, Cowles, Marklein, Stroebel and Tomczyk; cosponsored by Representatives Duchow, Behnke, Brooks, Dittrich, Donovan, Edming, Kitchens, Magnafici, Michalski, Murphy, Novak, O'Connor, Rettinger, Rodriguez, Rozar, Spiros, Steffen, Wichgers, Wittke and Neylon
- Feb 21, 2023 · Senate
Read first time and referred to Committee on Judiciary and Public Safety
- Mar 7, 2023 · Senate
Public hearing held
- Mar 14, 2023 · Senate
Senate Amendment 1 offered by Senator Wanggaard
- Mar 16, 2023 · Senate
Executive action taken
- Mar 16, 2023 · Senate
Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3
- Mar 16, 2023 · Senate
Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3
- Mar 16, 2023 · Senate
Available for scheduling
- Mar 20, 2023 · Senate
Placed on calendar 3-22-2023 pursuant to Senate Rule 18(1)
- Mar 22, 2023 · Senate
Senate Amendment 2 offered by Senators Agard, Taylor, Hesselbein, Larson, L. Johnson, Roys and Smith
- Mar 22, 2023 · Senate
Read a second time
- Mar 22, 2023 · Senate
Senate Amendment 1 adopted
- Mar 22, 2023 · Senate
Senate Amendment 2 rejected, Ayes 20, Noes 11
- Mar 22, 2023 · Senate
Ordered to a third reading
- Mar 22, 2023 · Senate
Rules suspended to give bill its third reading
- Mar 22, 2023 · Senate
Read a third time and passed, Ayes 21, Noes 10
- Mar 22, 2023 · Senate
Ordered immediately messaged
- Mar 22, 2023 · Assembly
Received from Senate
- Mar 22, 2023 · Assembly
Read
- Mar 22, 2023 · Assembly
Rules suspended to withdraw from Senate message and take up
- Mar 22, 2023 · Assembly
Read a second time
- Mar 22, 2023 · Assembly
Assembly Amendment 1 offered by Representative Neubauer
- Mar 22, 2023 · Assembly
Assembly Amendment 1 laid on table, Ayes 62, Noes 35
- Mar 22, 2023 · Assembly
Ordered to a third reading
- Mar 22, 2023 · Assembly
Rules suspended
- Mar 22, 2023 · Assembly
Read a third time and concurred in, Ayes 67, Noes 30
- Mar 22, 2023 · Assembly
Ordered immediately messaged
- Mar 23, 2023 · Senate
Received from Assembly concurred in
- Mar 23, 2023 · Senate
Report correctly enrolled
- Mar 30, 2023 · Senate
Presented to the Governor on 3-30-2023 by directive of the Majority Leader
- Apr 6, 2023 · Senate
Report approved by the Governor on 4-5-2023. 2023 Wisconsin Act 3
- Apr 6, 2023 · Senate
Published 4-6-2023
Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote