2013 - 2014 LEGISLATURE
March 4, 2013 - Introduced by Senators Darling,
Kedzie and Carpenter,
cosponsored by Representatives
J. Ott, Stone, Bies, Jacque, Kerkman,
Kooyenga, T. Larson, LeMahieu, A. Ott, Spiros, Strachota, Stroebel and
Thiesfeldt. Referred to Committee on Transportation, Public Safety, and
Veterans and Military Affairs.
1An Act to renumber and amend
66.0114 (1) (b); to amend
800.035 (5) (a); and 2to create
66.0114 (1) (b) 2., 345.26 (1) (b) 3. and 967.055 (2m) of the statutes; 3relating to: requiring persons accused of violating traffic laws and ordinances
4related to driving while intoxicated to appear in person in court.
Analysis by the Legislative Reference Bureau
Under current law, generally, a first violation of operating a vehicle while under
the influence of an intoxicant, with a detectable amount of a restricted controlled
substance in one's blood, or with a prohibited alcohol concentration (OWI-related
violation), is a traffic violation punishable by a civil forfeiture. Current law allows
local units of government to enact ordinances in conformity with the state traffic law
that punishes most first OWI-related offenses as a civil violation.
Under current law, a person who receives a citation for an OWI-related civil
traffic violation or who receives a citation for an ordinance in conformity with the
OWI-related traffic violation may opt to appear in court to plead not guilty to the
violation or may opt to pay the forfeiture associated with the violation and avoid an
appearance in court. Generally, a person who pays the forfeiture associated with the
violation is considered to have pled guilty or no contest to the charge.
Under this bill, a person who receives a citation for an OWI-related civil traffic
violation or who receives a citation for an ordinance in conformity therewith is
required to appear in court to plead guilty, no contest, or not guilty to the charge.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
66.0114 (1) (b) of the statutes is renumbered 66.0114 (1) (b) 1. and 2
amended to read:
(b) 1. Local ordinances, except as provided in this paragraph or
345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any 5
or all violations under those ordinances, may designate the manner in which the 6
stipulation is to be made, and may fix the penalty to be paid. When Except as
7provided in subd. 2., when
a person charged with a violation for which stipulation 8
of guilt or no contest is authorized makes a timely stipulation and pays the required 9
penalty, plus costs, fees, and surcharges imposed under ch. 814, to the designated 10
official, the person need not appear in court and no witness fees or other additional 11
costs, fees, or surcharges may be imposed under ch. 814 unless the local ordinance 12
so provides. A court appearance is required for a violation of a local ordinance in
13conformity with s. 346.63 (1).
66.0114 (1) (b) 2. of the statutes is created to read:
(b) 2. A person who is charged with a violation of a local ordinance 16
in conformity with s. 346.63 (1) or (5) shall appear, in person, in court to plead guilty, 17
no contest, or not guilty.
345.26 (1) (b) 3. of the statutes is created to read:
(b) 3. Subdivision 1. does not apply to a person who is charged with 20
a violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith and who
is required to appear in person pursuant to s. 66.0114 (1) (b) 2., 800.035 (5) (a), or 2
800.035 (5) (a) of the statutes is amended to read:
(a) If a defendant is charged with a violation of an ordinance in 5
conformity with s. 346.63 (1) or (5), the municipality may shall
, by ordinance, require 6
the defendant to appear in person before the court.
967.055 (2m) of the statutes is created to read:
967.055 (2m) Personal appearance in court.
A person who is charged with a 9
civil violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith shall 10
appear in person in court to enter a plea of guilty, no contest, or not guilty to the 11
charge. In this subsection, "court" may mean a circuit court or a municipal court.
(1) This act first applies to violations that occur on the effective date of this 14