MLJ:cjs
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.
AB27,1,3 1An Act to amend 304.074 (3m), 893.40, 973.20 (1r) and 973.20 (10) (b) (intro.);
2and 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:
AB27,1 1Section 1. 71.935 (3) (c) of the statutes is created to read:
AB27,2,52 71.935 (3) (c) If a debtor owes a debt related to victim restitution and other debt
3certified under sub. (2), the department shall apply amounts collected under this
4section to debt under s. 49.855 (1) and then to the debt related to victim restitution
5before any other debt certified under sub. (2).
AB27,2 6Section 2. 304.074 (3m) of the statutes is amended to read:
AB27,2,107 304.074 (3m) The department may not collect a fee charged under this section
8until all restitution payments debt in any form due pursuant to any court order under
9s. 973.20
from the probationer, parolee, or person on extended supervision have has
10been paid.
AB27,3 11Section 3. 758.20 (3) of the statutes is created to read:
AB27,2,1812 758.20 (3) The director of state courts shall ensure that the Wisconsin Circuit
13Court Access Internet site organizes restitution owed under s. 973.20 by the
14individual who owes restitution, and not by the case in which restitution is owed.
15The director of state courts shall ensure that the Wisconsin Circuit Court Access
16Internet site allocates any payment made through the Internet site first to
17restitution owed by the individual and allocates any payment proportionately to all
18victims to whom the individual owes restitution.
AB27,4
1Section 4. 893.40 of the statutes is amended to read:
AB27,3,5 2893.40 Action on judgment or decree; court of record. Except as provided
3in ss. 846.04 (2) and (3) and, 893.415, and 973.20 (1r), action upon a judgment or
4decree of a court of record of any state or of the United States shall be commenced
5within 20 years after the judgment or decree is entered or be barred.
AB27,5 6Section 5. 973.20 (1r) of the statutes is amended to read:
AB27,4,37 973.20 (1r) When imposing sentence or ordering probation for any crime, other
8than 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
10to any other penalty authorized by law, shall order the defendant to make full or
11partial restitution under this section to any victim of a crime considered at
12sentencing or, if the victim is deceased, to his or her estate, unless the court finds
13substantial reason not to do so and states the reason on the record. When imposing
14sentence or ordering probation for a crime involving conduct that constitutes
15domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a) for which the defendant was
16convicted or that was considered at sentencing, the court, in addition to any other
17penalty authorized by law, shall order the defendant to make full or partial
18restitution under this section to any victim of a crime or, if the victim is deceased, to
19his or her estate, unless the court finds that imposing full or partial restitution will
20create an undue hardship on the defendant or victim and describes the undue
21hardship on the record. Restitution ordered under this section is a condition of
22probation, extended supervision, or parole served by the defendant for a crime for
23which the defendant was convicted. After the termination of probation, extended
24supervision, or parole, or if the defendant is not placed on probation, extended
25supervision, or parole, restitution ordered under this section is enforceable in the

1same manner as a judgment in a civil action by the victim named in the order to
2receive restitution, except that an enforcement action may be commenced at any
3time,
or restitution may be enforced under ch. 785.
AB27,6 4Section 6. 973.20 (10) (b) (intro.) of the statutes is amended to read:
AB27,4,85 973.20 (10) (b) (intro.) The department or the clerk of court may shall certify
6an 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
8collection efforts
if any of the following apply:
AB27,7 9Section 7. Initial applicability.
AB27,4,1310 (1) The treatment of s. 758.20 (3) first applies to restitution ordered before the
11effective date of this subsection if information regarding the restitution is available
12on the Wisconsin Circuit Court Access Internet site, as defined in s. 758.20 (1), on the
13effective date of this subsection.
AB27,4,1614 (2) Notwithstanding s. 990.06, the treatment of s. 893.40 first applies to an act
15for which the time limit under s. 893.40 for commencement of the action has not
16expired as of the effective date of this subsection.
AB27,4,1717 (End)
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