LRBs0149/1
PJH:amn
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 352
October 27, 2015 - Offered by Representative J. Ott.
AB352-ASA1,1,5 1An Act to renumber and amend 66.0114 (1) (b); to amend 800.035 (5) (a); and
2to create 66.0114 (1) (b) 2., 66.0114 (1) (b) 3., 345.26 (1) (b) 3., 800.035 (5) (am)
3and 967.055 (2m) of the statutes; relating to: requiring persons accused of
4violating traffic laws and ordinances related to driving while intoxicated to
5appear in person in court.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB352-ASA1,1 6Section 1. 66.0114 (1) (b) of the statutes is renumbered 66.0114 (1) (b) 1. and
7amended to read:
AB352-ASA1,2,78 66.0114 (1) (b) 1. Local ordinances, except as provided in this paragraph or ss.
9345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any
10or all violations under those ordinances, may designate the manner in which the
11stipulation is to be made, and may fix the penalty to be paid. When Except as

1provided in subd. 2., when
a person charged with a violation for which stipulation
2of guilt or no contest is authorized makes a timely stipulation and pays the required
3penalty, plus costs, fees, and surcharges imposed under ch. 814, to the designated
4official, the person need not appear in court and no witness fees or other additional
5costs, fees, or surcharges may be imposed under ch. 814 unless the local ordinance
6so provides. A court appearance is required for a violation of a local ordinance in
7conformity with s. 346.63 (1).
AB352-ASA1,2 8Section 2. 66.0114 (1) (b) 2. of the statutes is created to read:
AB352-ASA1,2,129 66.0114 (1) (b) 2. A person who is charged with a violation of a local ordinance
10in conformity with s. 346.63 (1) or (5) shall appear, in person, in court to plead guilty,
11no contest, or not guilty. A person who fails to appear, in person, in court is subject
12to a $300 surcharge pursuant to subd. 3.
AB352-ASA1,3 13Section 3. 66.0114 (1) (b) 3. of the statutes is created to read:
AB352-ASA1,2,1514 66.0114 (1) (b) 3. If a person who is required under subd. 2. to appear, in person,
15in court to enter a plea fails to appear in court, the court shall do all of the following:
AB352-ASA1,2,1716 a. Enter a default judgment against the person and impose the applicable
17penalties.
AB352-ASA1,2,1818 b. Impose a $300 surcharge on the person for his or her failure to appear.
AB352-ASA1,4 19Section 4. 345.26 (1) (b) 3. of the statutes is created to read:
AB352-ASA1,2,2320 345.26 (1) (b) 3. Subdivision 1. does not apply to a person who is charged with
21a violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith and who
22is required to appear in person pursuant to s. 66.0114 (1) (b) 2., 800.035 (5) (a), or
23967.055 (2m).
AB352-ASA1,5 24Section 5. 800.035 (5) (a) of the statutes is amended to read:
AB352-ASA1,3,5
1800.035 (5) (a) If a defendant is charged with a violation of an ordinance in
2conformity with s. 346.63 (1) or (5), the municipality may shall, by ordinance, require
3the defendant to appear in person before the court. The ordinance shall specify that
4a person who fails to appear in person before the court is subject to a $300 surcharge
5pursuant to par. (am).
AB352-ASA1,6 6Section 6. 800.035 (5) (am) of the statutes is created to read:
AB352-ASA1,3,97 800.035 (5) (am) If a person who is required under par. (a) to appear in person
8before the court to enter a plea fails to appear in court, the court shall do all of the
9following:
AB352-ASA1,3,1110 1. Enter a default judgment against the person and impose the applicable
11penalties.
AB352-ASA1,3,1212 2. Impose a $300 surcharge on the person for his or her failure to appear.
AB352-ASA1,7 13Section 7. 967.055 (2m) of the statutes is created to read:
AB352-ASA1,3,1914 967.055 (2m) Personal appearance in court. (a) A person who is charged with
15a civil violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith shall
16appear in person in court to enter a plea of guilty, no contest, or not guilty to the
17charge. A person who fails to appear in person in court is subject to a $300 surcharge
18pursuant to par. (b). In this subsection, "court" may mean a circuit court or a
19municipal court.
AB352-ASA1,3,2120 (b) If a person who is required under par. (a) to appear in person in court to enter
21a plea fails to appear in court, the court shall do all of the following:
AB352-ASA1,3,2322 1. Enter a default judgment against the person and impose the applicable
23penalties.
AB352-ASA1,3,2424 2. Impose a $300 surcharge on the person for his or her failure to appear.
AB352-ASA1,8 25Section 8. Initial applicability.
AB352-ASA1,4,2
1(1) This act first applies to violations that occur on the effective date of this
2subsection.
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