2001 - 2002 LEGISLATURE
April 12, 2001 - Introduced by Representatives Powers, La Fave, Ainsworth, M.
Lehman, Hundertmark, Albers, Olsen, Nass, Musser, D. Meyer, Townsend,
Ward, Jeskewitz and
Petrowski, cosponsored by Senators Erpenbach,
Huelsman and Schultz. Referred to Committee on Judiciary.
1An Act to repeal
898.14; and to amend
818.05 of the statutes; relating to:
2payment of the jail costs of a jailed debtor.
Analysis by the Legislative Reference Bureau
Under current law, a debtor may be committed to jail as the result of the
execution of a judgment recovered in a civil action, such as for contempt of court for
failure to appear before the court regarding a debt, or as the result of an arrest in a
civil action, such as in an action to recover personal property that has been concealed
from execution by the sheriff. If a debtor is committed to jail under one of these
situations, the creditor, agent, or attorney involved in the underlying civil action is
required to advance to the jailer, within 24 hours of the imprisonment, an amount
sufficient to pay for the debtor's costs while in jail, including any medical and
hospital costs. Under current law, this requirement to make an advance payment
to the jailer for the debtor's jail costs does not apply if the debtor is jailed for failure
to pay maintenance payments in a divorce or legal separation action.
This bill repeals the requirement that the creditor, agent, or attorney involved
in the underlying civil action advance to the jailer, within 24 hours of the debtor's
imprisonment, an amount sufficient to pay for the debtor's costs while in jail.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB308, s. 1
818.05 of the statutes is amended to read:
1818.05 Bond, liability of plaintiff for support.
Before making the order for 2
arrest the court or judge shall require a bond of the plaintiff, with or without sureties, 3
to the effect that if the plaintiff fails to recover, the plaintiff will pay all costs that may 4
be awarded to the defendant and all damages which the defendant may sustain by 5
reason of the arrest, not exceeding the sum specified in the bond, which shall be at 6
least $100. If the bond be executed by the plaintiff without sureties the plaintiff shall 7
annex thereto an affidavit that the plaintiff is a resident and householder or 8
freeholder within the state and worth double the sum specified in the bond above all 9
of the plaintiff's debts and liabilities in property in this state not exempt from 10
execution. The plaintiff shall be liable for support of the defendant while the
11defendant is in jail, as specified in s. 898.14 (1).
This section does not apply to an 12
order for arrest in an action to determine paternity or to any action under ch. 767 13
brought by the state or its designee.
AB308, s. 2
898.14 of the statutes is repealed.