2019 - 2020 LEGISLATURE
February 22, 2019 - Introduced by Representatives Horlacher, Brandtjen,
Hutton, Knodl, Kuglitsch, Kulp, Murphy, Ramthun, Skowronski,
Sortwell, Steffen, Tittl and Tusler, cosponsored by Senators Jacque, Nass,
Olsen and Darling. Referred to Committee on Corrections.
1An Act to amend
304.074 (3m), 893.40, 973.20 (1r) and 973.20 (10) (b) (intro.); 2
and to create
71.935 (3) (c) and 758.20 (3) of the statutes; relating to: the
3collection of victim restitution.
Analysis by the Legislative Reference Bureau
This bill prohibits the Department of Corrections from collecting supervision
fees from an individual who is or was previously on probation, parole, or supervised
release until all restitution owed by that individual has been paid. Under current
law, DOC may not collect supervision fees from an individual who owes restitution
debt while that person is on probation, parole, or supervised release, but current law
is silent as to whether supervision fees may be collected once that individual is no
longer on probation, parole, or supervised release if a civil judgment has been entered
for that individual's restitution debt.
This bill also directs the director of state courts to ensure that the court system
website organizes restitution debt by the individual who owes restitution, not by the
case in which restitution is owed, and that it apportions all payments made by an
individual across all victims to whom he or she owes restitution. Currently, the court
system website organizes restitution debt by the case in which restitution debt is
owed, which allows an individual making a payment through the website to select
which case to pay restitution towards.
This bill changes the statute of limitations for a civil action to enforce a
restitution order so that such an action may be filed at any time. Under current law,
a civil action to enforce a restitution order must be filed within 20 years.
The bill requires that DOC or clerks of courts certify outstanding restitution
debt to the Department of Revenue unless the victim requests that the debt not be
certified. Under current law, clerks of courts may certify restitution debt but are not
required to do so. This bill also requires DOR to begin collection efforts at the time
of certification. Under current law, there is no required time frame in which DOR
must begin collection efforts. The bill also requires DOR to apply collected amounts
to outstanding child support and restitution debt before any other debt.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
71.935 (3) (c) of the statutes is created to read:
(c) If a debtor owes a debt related to victim restitution and other debt 3
certified under sub. (2), the department shall apply amounts collected under this 4
section to debt under s. 49.855 (1) and then to the debt related to victim restitution 5
before any other debt certified under sub. (2).
304.074 (3m) of the statutes is amended to read:
The department may not collect a fee charged under this section 8
until all restitution payments debt in any form
due pursuant to any court
from the probationer, parolee, or person on extended supervision have has 10
758.20 (3) of the statutes is created to read:
The director of state courts shall ensure that the Wisconsin Circuit 13
Court Access Internet site organizes restitution owed under s. 973.20 by the 14
individual who owes restitution, and not by the case in which restitution is owed. 15
The director of state courts shall ensure that the Wisconsin Circuit Court Access 16
Internet site allocates any payment made through the Internet site first to 17
restitution owed by the individual and allocates any payment proportionately to all 18
victims to whom the individual owes restitution.
893.40 of the statutes is amended to read:
2893.40 Action on judgment or decree; court of record.
Except as provided 3
in ss. 846.04 (2) and (3) and,
893.415, and 973.20 (1r),
action upon a judgment or 4
decree of a court of record of any state or of the United States shall be commenced 5
within 20 years after the judgment or decree is entered or be barred.
973.20 (1r) of the statutes is amended to read:
When imposing sentence or ordering probation for any crime, other 8
than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) 9
(am) or 968.075 (1) (a), for which the defendant was convicted, the court, in addition 10
to any other penalty authorized by law, shall order the defendant to make full or 11
partial restitution under this section to any victim of a crime considered at 12
sentencing or, if the victim is deceased, to his or her estate, unless the court finds 13
substantial reason not to do so and states the reason on the record. When imposing 14
sentence or ordering probation for a crime involving conduct that constitutes 15
domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a) for which the defendant was 16
convicted or that was considered at sentencing, the court, in addition to any other 17
penalty authorized by law, shall order the defendant to make full or partial 18
restitution under this section to any victim of a crime or, if the victim is deceased, to 19
his or her estate, unless the court finds that imposing full or partial restitution will 20
create an undue hardship on the defendant or victim and describes the undue 21
hardship on the record. Restitution ordered under this section is a condition of 22
probation, extended supervision, or parole served by the defendant for a crime for 23
which the defendant was convicted. After the termination of probation, extended 24
supervision, or parole, or if the defendant is not placed on probation, extended 25
supervision, or parole, restitution ordered under this section is enforceable in the
same manner as a judgment in a civil action by the victim named in the order to 2
receive restitution, except that an enforcement action may be commenced at any
or restitution may be
enforced under ch. 785.
973.20 (10) (b) (intro.) of the statutes is amended to read:
(b) (intro.) The department or the clerk of court may shall
an amount owed under par. (a) to the department of revenue unless the victim
7requests that the debt not be certified, and the department of revenue shall begin
if any of the following apply:
(1) The treatment of s. 758.20 (3) first applies to restitution ordered before the 11
effective date of this subsection if information regarding the restitution is available 12
on the Wisconsin Circuit Court Access Internet site, as defined in s. 758.20 (1), on the 13
effective date of this subsection.
(2) Notwithstanding s. 990.06, the treatment of s. 893.40 first applies to an act 15
for which the time limit under s. 893.40 for commencement of the action has not 16
expired as of the effective date of this subsection.