Relating to: establishing a presumption that persons accused of crimes are eligible for pretrial release and ending cash bail in Wisconsin (first consideration).
This bill proposes amending the Wisconsin Constitution to establish a presumption that people accused of crimes are eligible for pretrial release under reasonable conditions, rather than requiring them to pay cash bail. It would allow courts to deny release only if there is a reasonable basis to believe monetary conditions are necessary to ensure court appearance or protect the community, with stricter rules for violent crimes. The amendment also sets specific time limits for denying release before and after hearings for serious offenses like murder or sexual assault, while requiring courts to use clear and convincing evidence to justify keeping someone detained. This measure would shift the legal standard from requiring proof of dangerousness to prove release is unsafe, placing the burden on prosecutors to overcome the presumption of eligibility.
Bill status
failed
1 of 4 stages cleared
Introduction
Mar 2026
Committee Review
Floor Vote
Governor
Introduced Mar 19, 2026
Last action Mar 23, 2026
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
3
Key actions
0
Committee
0
Amendments
1
Mar 23, 2026
Amended
Failed to adopt pursuant to Senate Joint Resolution 1
lower
Mar 19, 2026
Introduced
Introduced by Representatives Clancy, Madison, Phelps, Tenorio, Moore Omokunde and Hong
lower
6 primary · 0 co-sponsors
Sponsors
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