AB147: Bill Text

AB147, s. 30 Section 30. 778.02 of the statutes is amended to read:

AB147,17,25 778.02 Action in name of state; complaint; attachment. Every such forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, according to the provisions of the statute that imposes it, specifying the statute and for the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the statute imposes a forfeiture for several offenses or delinquencies the complaint shall specify the particular offense or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, penalty assessment, jail assessment and any applicable emergency medical services surcharge or domestic abuse assessment. If the defendant is a nonresident of the state, an attachment may issue.

AB147, s. 31 Section 31. 778.03 of the statutes is amended to read:

AB147,18,8 778.03 Complaint to recover forfeited goods. In an action to recover property forfeited by any statute it shall be sufficient to allege in the complaint that the property has been forfeited, specifying the statute, with a demand of judgment for the delivery of the property, or the value thereof and for payment of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1).

AB147, s. 32 Section 32. 778.06 of the statutes is amended to read:

AB147,18,16 778.06 Action for what sum. When a forfeiture is imposed, not exceeding a specific sum or when it is not less than one sum or more than another, the action may be brought for the highest sum specified and for the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1); and judgment may be rendered for such sum as the court or jury shall assess or determine to be proportionate to the offense.

AB147, s. 33 Section 33. 778.10 of the statutes is amended to read:

AB147,19,10 778.10 Municipal forfeitures, how recovered. All forfeitures imposed by any ordinance or regulation of any county, town, city or village, or of any other domestic corporation may be sued for and recovered, under this chapter, in the name of the county, town, city, village or corporation. It is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, specifying the ordinance or regulation that imposes it and of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the ordinance or regulation imposes a penalty or forfeiture for several offenses or delinquencies the complaint shall specify the particular offenses or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1). All moneys collected on the judgment shall be paid to the treasurer of the county, town, city, village or corporation, except that all jail assessments shall be paid to the county treasurer.

AB147, s. 34 Section 34. 778.105 of the statutes is amended to read:

AB147,19,18 778.105 Disposition of forfeitures. Revenues from forfeitures imposed by any court or any branch thereof for the violation of any municipal or county ordinance shall be paid to the municipality or county. Penalty assessment payments shall be made as provided in s. 165.87. Jail assessment payments shall be made as provided in s. 302.46 (1). Domestic abuse assessments shall be made as provided in s. 973.055. Emergency medical services surcharges shall be made as provided in s. 345.15.

AB147, s. 35 Section 35. 778.13 of the statutes is amended to read:

AB147,20,5 778.13 Forfeitures collected, to whom paid. All moneys collected in favor of the state for forfeiture, except the portion to be paid to any person who sues with the state, shall be paid by the officer who collects the forfeiture to the treasurer of the county within which the forfeiture was incurred within 20 days after its receipt. In case of any failure in the payment the county treasurer may collect the payment of the officer by action, in the name of the office and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid. Penalty assessment payments shall be made as provided in s. 165.87. Jail assessment payments shall be made as provided in s. 302.46 (1). Domestic abuse assessments shall be made as provided in s. 973.055. Emergency medical services surcharge shall be made as provided in s. 345.15.

AB147, s. 36 Section 36. 778.18 of the statutes is amended to read:

AB147,20,21 778.18 Penalty upon municipal judge. If any municipal judge, of his or her own will, dismisses any action brought before the judge under this chapter, unless by order of the district attorney or attorney general or the person joined as plaintiff with the state, or renders a less judgment therein than is prescribed by law, or releases or discharges any such judgment or part thereof without payment or collection, the judge and the judge's sureties shall be liable, in an action upon the judge's bond, for the full amount of the forfeitures imposed by law or of the forfeiture imposed by the judge and for the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1), or for an amount equal to the amount in which any such judgment or any part thereof is released or discharged. If any municipal judge gives time or delay to any person against whom any such judgment is rendered by the judge, or takes any bond or security for its future payment, the judge and the judge's sureties shall also be liable for the payment of the judgment upon the judge's bond.

AB147, s. 37 Section 37. 800.02 (2) (a) 8. of the statutes is amended to read:

AB147,21,4 800.02 (2) (a) 8. Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant is deemed to have tendered a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment and any applicable emergency medical services surcharge or domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1), not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.

AB147, s. 38 Section 38. 800.02 (3) (a) 5. of the statutes is amended to read:

AB147,21,12 800.02 (3) (a) 5. A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the ordinance, resolution or bylaw upon which the cause of action is based and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, the penalty assessment, the jail assessment, any applicable emergency medical services surcharge or domestic abuse assessment and such other relief that is sought by the plaintiff.

AB147, s. 39 Section 39. 800.03 (3) of the statutes is amended to read:

AB147,21,21 800.03 (3) The amount of the deposit shall be set by the municipal judge, but shall not be effective until approved by the governing body of the municipality. The amount shall not exceed the maximum penalty for the offense, including any penalty assessment that would be applicable under s. 165.87, any jail assessment that would be applicable under s. 302.46 (1), any emergency medical services surcharge that would be applicable under s. 345.15 (2) and any domestic abuse assessment that would be applicable under s. 973.055 (1), plus court costs, including the fee prescribed in s. 814.65 (1).

AB147, s. 40 Section 40. 800.04 (2) (c) of the statutes is amended to read:

AB147,22,10 800.04 (2) (c) If the defendant has made a deposit under par. (b) or s. 800.03 and does not appear, he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs, including the fee prescribed in s. 814.65 (1), not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the defendant fails to appear in response to the summons, the court shall issue a warrant under s. 968.09. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.

AB147, s. 41 Section 41. 800.09 (1) of the statutes is amended to read:

AB147,22,22 800.09 (1) Judgment. If a municipal court finds a defendant guilty it may render judgment by ordering restitution under s. 800.093 and payment of a forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs of prosecution, including the fee prescribed in s. 814.65 (1). The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, assessments and, if applicable, emergency medical services surcharge, and costs. If the judgment is not paid, the court may proceed under par. (a), (b) or (c) or any combination of those paragraphs, as follows:

AB147,23,8 (a) The court may defer payment of any judgment or provide for instalment payments. At the time the judgment is rendered, the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, the penalty assessment, the jail assessment and any applicable emergency medical services surcharge or domestic abuse assessment plus costs must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s. 800.095, or suspension of the defendant's motor vehicle operating privilege, as provided in par. (c), if applicable. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. In 1st class cities, all of the written information required by this paragraph shall be printed in English and Spanish and provided to each defendant.

AB147,23,22 (b) If the defendant agrees to perform community service work in lieu of making restitution or paying the forfeiture, assessments, surcharge and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

AB147,24,6 (c) The court may suspend the defendant's operating privilege, as defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments , surcharge and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments or both are to be made under par. (a) and has not notified the court that he or she is unable to comply with the judgment, as provided under s. 800.095 (4) (a), except that the suspension period may not exceed 5 years. The court shall take possession of the suspended license and shall forward the license, along with a notice of the suspension clearly stating that the suspension is for failure to comply with a judgment of the court, to the department of transportation.

AB147, s. 42 Section 42. 800.09 (2) (b) of the statutes is amended to read:

AB147,24,21 800.09 (2) (b) If the person charged fails to appear personally or by an attorney at the time fixed for hearing of the case, the defendant may be deemed to have entered a plea of no contest and the money deposited, if any, or such portion thereof as the court determines to be an adequate penalty, plus the penalty assessment, the jail assessment and any applicable emergency medical services surcharge or domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1), may be declared forfeited by the court or may be ordered applied upon the payment of any penalty which may be imposed, together with the penalty assessment, the jail assessment and any applicable emergency medical services surcharge or domestic abuse assessment plus costs. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. Any money remaining after payment of any penalties, assessments, surcharge, costs and restitution shall be refunded to the person who made the deposit.

AB147, s. 43 Section 43. 800.095 (4) (b) 1. of the statutes is amended to read:

AB147,25,2 800.095 (4) (b) 1. That the defendant be imprisoned until the forfeiture, assessments, surcharge surcharges and costs are paid, except that the defendant reduces the amount owed at a rate of at least $25 for each day of imprisonment, including imprisonment following an arrest but prior to the findings under this subsection, and the maximum period of imprisonment is 90 days.

AB147, s. 44 Section 44. 800.10 (2) of the statutes is amended to read:

AB147,25,15 800.10 (2) All forfeitures, fees, penalty assessments, domestic abuse assessments, emergency medical services surcharges and costs paid to a municipal court under a judgment before a municipal judge shall be paid to the municipal treasurer within 7 days after receipt of the money by a municipal judge or other court personnel. At the time of the payment, the municipal judge shall report to the municipal treasurer the title of the action, the offense for which a forfeiture was imposed and the total amount of the forfeiture, fees, penalty assessments, domestic abuse assessments, emergency medical services surcharges and costs, if any. The treasurer shall disburse the fees as provided in s. 814.65 (1). All jail assessments paid to a municipal court under a judgment before a municipal judge shall be paid to the county treasurer within 7 days after receipt of the money by a municipal judge or other court personnel.

AB147, s. 45 Section 45. 800.12 (2) of the statutes is amended to read:

AB147,25,22 800.12 (2) A municipality may by ordinance provide that a municipal judge may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50 or, upon nonpayment of the forfeiture, penalty assessment under s. 165.87 and jail assessment under s. 302.46, any applicable emergency medical services surcharge under s. 345.15 (2) and any applicable domestic abuse assessment under s. 973.055 (1), a jail sentence not to exceed 7 days.

AB147, s. 46 Section 46. 814.60 (2) (cg) of the statutes is created to read:

AB147,25,24 814.60 (2) (cg) Emergency medical services surcharge imposed by s. 345.15 (2);

AB147, s. 47 Section 47. 814.63 (3) (bg) of the statutes is created to read:

AB147,26,1 814.63 (3) (bg) Emergency medical services surcharge imposed by s. 345.15 (2).

AB147, s. 48 Section 48. 938.237 (2) of the statutes is amended to read:

AB147,26,11 938.237 (2) The procedures for issuance and filing of a citation, and for forfeitures, stipulations and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), 66.119, 778.25, 778.26 and 800.01 to 800.04 except s. 800.04 (2) (b), when the citation is issued by a law enforcement officer, shall be used as appropriate, except that this chapter shall govern taking and holding a juvenile in custody, s. 938.37 shall govern costs, penalty assessments and, jail assessments and emergency medical services surcharges, and a capias shall be substituted for an arrest warrant. Sections 66.119 (3) (c) and (d), 66.12 (1) and 778.10 as they relate to collection of forfeitures do not apply.

AB147, s. 49 Section 49. 938.37 (1) of the statutes is amended to read:

AB147,26,15 938.37 (1) A court assigned to exercise jurisdiction under this chapter and ch. 48 may not assess costs or, assessments or surcharges against a juvenile under 14 years of age but may assess costs against a juvenile 14 years of age or older.

AB147, s. 50 Section 50. 938.37 (3) of the statutes is amended to read:

AB147,26,21 938.37 (3) Notwithstanding sub. (1), courts of civil and criminal jurisdiction exercising jurisdiction under s. 938.17 may assess the same costs, penalty assessments and, jail assessments and emergency medical services surcharges against juveniles as they may assess against adults, except that witness fees may not be charged to the juvenile.

AB147, s. 51 Section 51. 973.05 (1) of the statutes is amended to read:

AB147,27,21 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable emergency medical services surcharge imposed by s. 345.15 (2), any applicable driver improvement surcharge imposed by s. 346.655, any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.9965, any applicable natural resources assessment imposed by s. 29.997 and any applicable natural resources restitution payment imposed by s. 29.998 to be made within a period not to exceed 120 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable emergency medical services surcharge, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

AB147, s. 52 Section 52. 973.05 (2) of the statutes is amended to read:

AB147,29,2 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable emergency medical services surcharge, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the emergency medical services surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full and shall then be applied to payment of the fine.

AB147, s. 53 Section 53. 973.05 (3) (a) of the statutes is amended to read:

AB147,29,14 973.05 (3) (a) In lieu of part or all of a fine imposed by a court, the court may stay the execution of part or all of the sentence and provide that the defendant perform community service work under pars. (b) and (c). The amount of the fine actually paid, if any, shall be used to determine any applicable assessment or surcharge under sub. (1), except that any applicable driver improvement surcharge under s. 346.655, any applicable emergency medical services surcharge or any domestic abuse assessment imposed by s. 973.055 shall be imposed regardless of whether part or all of the sentence has been stayed. If the defendant fails to comply with the community service order, the court shall order the defendant brought before the court for imposition of sentence. If the defendant complies with the community service order, he or she has satisfied that portion of the sentence.

AB147, s. 54 Section 54. 973.07 of the statutes is amended to read:

AB147,30,11 973.07 Failure to pay fine or costs or to comply with certain community service work. If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable emergency medical services surcharge, applicable driver improvement surcharge, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable emergency medical services surcharge, applicable driver improvement surcharge, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.

AB147, s. 55 Section 55. Initial applicability.

AB147,30,14 (1) This act first applies to violations occurring on the effective date of this subsection.

AB147, s. 56 Section 56. Effective date.

AB147,30,17 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB147,30,18 (End)