Wisconsin Republicans seek higher bails after Waukesha Christmas parade deaths

Wisconsin Republicans are pushing to amend the state constitution to make it harder for criminal defendants to get out on bail, following the killing of six people by a driver who was out on bail when authorities say he plowed into a Christmas parade near Milwaukee.

The Wisconsin Constitution states that court officials can set bail only to assure that a defendant appears in court. The amendment proposed by state Rep. Cindi Duchow and state Sen. Van Wanggaard would require courts to consider the totality of the circumstances, specifically the threat the defendant poses, the seriousness of the charges, the probability the defendant won’t reappear in court, the need to protect the community from harm and whether the defendant might intimidate witnesses.

The proposal is a long way from being included in the constitution. To amend the document, a proposal would have to be passed during two consecutive legislative sessions and in a statewide referendum. The governor plays no role in authorizing constitutional amendments.

Duchow and Wanggaard have proposed the bail amendment in each of the last two legislative sessions to no avail, but they have momentum now because of the parade deaths.