Republicans on Thursday advanced legislation to define what offenses constitute “violent crimes” in preparation for the anticipated passage of a state constitutional amendment that would allow judges to consider defendants’ past convictions in setting cash bail.
If passed and signed into law by Democratic Gov. Tony Evers, the measure would clarify that judges can consider dozens of defendants’ past “violent crime” convictions, from reckless homicide to intimidating a witness by use of force, when they set cash bail.
Democrats in the Senate judiciary committee Thursday criticized the bill as too expansive, pointing out that just spectating at a cockfight, dog fight or bullfight would also be considered a violent crime under the proposal.
The measure passed 5-3, along party lines.
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If enacted, the measure would only become active if voters approve ballot questions in the April 4 election to allow judges to consider more elements in setting cash bail.
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Currently, judges may only use cash bail to ensure defendants appear in court, not to keep defendants from engaging in criminal activity by keeping them locked up. Judges may, however, add conditions to a person’s bail that seek to address public safety concerns.
The state Constitution also says defendants shall be eligible for release under reasonable conditions aimed at protecting community members from “serious bodily harm.” The proposal would change that standard to “serious harm.”
Because state law is inconsistent about what constitutes a violent crime, the amendment authors in January said they were working on a measure to clarify the definition. Unlike the amendment, which would be enacted if voters approve it in April, the bill to define violent crime would need Evers’ approval.
Evers’ spokesperson did not respond to a request for comment.
Supporters of the proposed constitutional amendment maintain the change would fix Wisconsin’s bail system, which they say lags behind other states’ cash bail standards. Opponents have said the amendment would lead to some defendants being stuck in jail for longer periods of time without being able to pay bail, something they say could raise constitutional issues.
The measure to put the constitutional amendment on the April 4 ballot, alongside the Wisconsin Supreme Court race, was passed by the Legislature with bipartisan support, though most Democrats opposed the change.
Each of the original four Wisconsin Supreme Court candidates said they support the change.
Inside the battle over the upcoming 2-year Wisconsin budget
Over the next several months, the Republican-led Legislature and Democratic Gov. Tony Evers will battle their way through the the 2023-25 biennial budget process as the state has a projected surplus of more than $7 billion.
Evers has called for a 10% tax cut for individuals earning $100,000 or less a year and married filers making $150,000 or less.
The governor's budget proposal is all but certain to receive pushback from legislative Republicans, who have championed the need to implement a flat income tax in Wisconsin.
Evers on Tuesday also unveiled proposals to cut taxes, increase local government funding, spend more than $100 million to deal with PFAS contamination and support child care providers.
Around a third of students across Wisconsin feel sad and hopeless almost every day, according to the Office of Children's Mental Health.
Wisconsin's latest fiscal outlook projects the state will wrap up the current fiscal year with about half a billion dollars more than previous projections.
The two top options being discussed are adjusting the state's income tax to benefit middle class earners or eliminating the current tax and creating a 3.25% flat tax.
Evers will unveil his formal budget request on Feb. 15. From there, the Republican-controlled budget committee will rewrite the document before sending it back to the governor.
Of the more than 4.2 million licensed drivers in Wisconsin, 770,000 had at least one OWI citation or conviction as of the end of 2021.
