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Bills from the 2023–24 session

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 ⁠.

  1. Introduced, passed

    Feb 21, 2023

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Mar 22, 2023

  4. Assembly vote, passed

    Passed 67 to 30

  5. Governor, passed

    Signed

  6. Law, here now

    2023 Wisconsin Act 3

Latest entry in the official record, Apr 6, 2023: “Published 4-6-2023”

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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

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

Authors (6)

Signed on in support (20)

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

D: Democrat, R: Republican

Yes (67)

Didn't vote (2)

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

D: Democrat, R: Republican

Official motion: “PASSAGE”. Official record · This vote on its own page

What happened

  1. Apr 6, 2023

    The new law was published.

  2. Apr 6, 2023

    The governor signed it. It became 2023 Wisconsin Act 3.

  3. Mar 30, 2023

    Sent to the governor.

  4. Mar 22, 2023

    The Assembly passed it too, 67 to 30.

  5. Mar 22, 2023

    “Read” (the official wording)

  6. Mar 22, 2023

    The Assembly received it.

  7. Mar 22, 2023

    The Senate passed it, 21 to 10.

  8. Mar 22, 2023

    The Senate adopted it.

  9. Mar 16, 2023

    The committee voted to recommend passing it, 5 to 3.

  10. Mar 16, 2023

    “Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3” (the official wording)

  11. Mar 7, 2023

    The committee held a public hearing.

  12. Feb 21, 2023

    Sent to the Senate Committee on Judiciary and Public Safety.

  13. Feb 21, 2023

    Introduced in the Senate.

See the official record, word for word
  1. 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

  2. Feb 21, 2023 · Senate

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

  3. Mar 7, 2023 · Senate

    Public hearing held

  4. Mar 14, 2023 · Senate

    Senate Amendment 1 offered by Senator Wanggaard

  5. Mar 16, 2023 · Senate

    Executive action taken

  6. Mar 16, 2023 · Senate

    Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

  7. Mar 16, 2023 · Senate

    Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

  8. Mar 16, 2023 · Senate

    Available for scheduling

  9. Mar 20, 2023 · Senate

    Placed on calendar 3-22-2023 pursuant to Senate Rule 18(1)

  10. Mar 22, 2023 · Senate

    Senate Amendment 2 offered by Senators Agard, Taylor, Hesselbein, Larson, L. Johnson, Roys and Smith

  11. Mar 22, 2023 · Senate

    Read a second time

  12. Mar 22, 2023 · Senate

    Senate Amendment 1 adopted

  13. Mar 22, 2023 · Senate

    Senate Amendment 2 rejected, Ayes 20, Noes 11

  14. Mar 22, 2023 · Senate

    Ordered to a third reading

  15. Mar 22, 2023 · Senate

    Rules suspended to give bill its third reading

  16. Mar 22, 2023 · Senate

    Read a third time and passed, Ayes 21, Noes 10

  17. Mar 22, 2023 · Senate

    Ordered immediately messaged

  18. Mar 22, 2023 · Assembly

    Received from Senate

  19. Mar 22, 2023 · Assembly

    Read

  20. Mar 22, 2023 · Assembly

    Rules suspended to withdraw from Senate message and take up

  21. Mar 22, 2023 · Assembly

    Read a second time

  22. Mar 22, 2023 · Assembly

    Assembly Amendment 1 offered by Representative Neubauer

  23. Mar 22, 2023 · Assembly

    Assembly Amendment 1 laid on table, Ayes 62, Noes 35

  24. Mar 22, 2023 · Assembly

    Ordered to a third reading

  25. Mar 22, 2023 · Assembly

    Rules suspended

  26. Mar 22, 2023 · Assembly

    Read a third time and concurred in, Ayes 67, Noes 30

  27. Mar 22, 2023 · Assembly

    Ordered immediately messaged

  28. Mar 23, 2023 · Senate

    Received from Assembly concurred in

  29. Mar 23, 2023 · Senate

    Report correctly enrolled

  30. Mar 30, 2023 · Senate

    Presented to the Governor on 3-30-2023 by directive of the Majority Leader

  31. Apr 6, 2023 · Senate

    Report approved by the Governor on 4-5-2023. 2023 Wisconsin Act 3

  32. 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

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

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