AB651, s. 32 4Section 32. 895.80 (3) (c) of the statutes is created to read:
AB651,14,75 895.80 (3) (c) Exemplary damages of not more than 3 times the amount
6awarded under par. (a). No additional proof is required under this section for an
7award of exemplary damages under this paragraph.
AB651, s. 33 8Section 33. 895.80 (4) of the statutes is repealed and recreated to read:
AB651,14,109 895.80 (4) Any recovery under this section shall be reduced by the amount
10recovered as restitution under ss. 800.093 and 973.20 and ch. 938.
AB651, s. 34 11Section 34. 895.80 (6) of the statutes is created to read:
AB651,14,1312 895.80 (6) A person is not criminally liable under s. 943.30 for any action
13brought in good faith under this section.
AB651, s. 35 14Section 35. 938.245 (2) (a) 5. am. of the statutes is amended to read:
AB651,15,215 938.245 (2) (a) 5. am. That the parent who has custody, as defined in s. 895.035
16(1), of the juvenile make reasonable restitution for any damage to the property of
17another, or for any actual physical injury to another excluding pain and suffering,
18resulting from the act for which the deferred prosecution agreement is being entered
19into. Except for recovery for retail theft under s. 943.51, the maximum amount of any
20restitution ordered under this subd. 5. am. for damage or injury resulting from any
21one act of a juvenile or from the same act committed by 2 or more juveniles in the
22custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d)
23$5,000. Any order under this subd. 5. am. shall include a finding that the parent who
24has custody of the juvenile is financially able to pay the amount ordered and may
25allow up to the date of the expiration of the deferred prosecution agreement for the

1payment. Any recovery under this subd. 5. am. shall be reduced by the amount
2recovered as restitution for the same act under subd. 5. a.
AB651, s. 36 3Section 36. 938.32 (1t) (a) 1m. of the statutes is amended to read:
AB651,15,204 938.32 (1t) (a) 1m. If the petition alleges that the juvenile has committed a
5delinquent act that has resulted in damage to the property of another, or in actual
6physical injury to another excluding pain and suffering, the judge or circuit court
7commissioner may require a parent who has custody, as defined in s. 895.035 (1), of
8the juvenile, as a condition of the consent decree, to make reasonable restitution for
9the damage or injury. Except for recovery for retail theft under s. 943.51, the
10maximum amount of any restitution ordered under this subdivision for damage or
11injury resulting from any one act of a juvenile or from the same act committed by 2
12or more juveniles in the custody of the same parent may not exceed the amount
13specified in s. 799.01 (1) (d)
$5,000. Any consent decree that includes a condition of
14restitution by a parent who has custody of the juvenile shall include a finding that
15the parent who has custody of the juvenile is financially able to pay the amount
16ordered and may allow up to the date of the expiration of the consent decree for the
17payment. Objection by the parent to the amount of damages claimed shall entitle the
18parent to a hearing on the question of damages before the amount of restitution is
19made part of the consent decree. Any recovery under this subdivision shall be
20reduced by the amount recovered as restitution for the same act under subd. 1.
AB651, s. 37 21Section 37. 938.45 (1r) (a) of the statutes is amended to read:
AB651,16,1022 938.45 (1r) (a) In a proceeding in which a juvenile has been found to have
23committed a delinquent act or a civil law or ordinance violation that has resulted in
24damage to the property of another, or in actual physical injury to another excluding
25pain and suffering, the court may order a parent who has custody, as defined in s.

1895.035 (1), of the juvenile to make reasonable restitution for the damage or injury.
2Except for recovery for retail theft under s. 943.51, the maximum amount of any
3restitution ordered under this paragraph for damage or injury resulting from any
4one act of a juvenile or from the same act committed by 2 or more juveniles in the
5custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d)
6$5,000. Any order under this paragraph shall include a finding that the parent who
7has custody of the juvenile is financially able to pay the amount ordered and may
8allow up to the date of expiration of the order for the payment. Any recovery under
9this paragraph shall be reduced by the amount recovered as restitution for the same
10act under s. 938.34 (5) or 938.343 (4).
AB651, s. 38 11Section 38. 938.45 (1r) (b) of the statutes is amended to read:
AB651,16,2112 938.45 (1r) (b) In a proceeding in which the court has determined under s.
13938.34 (8) or 938.343 (2) that the imposition of a forfeiture would be in the best
14interest of the juvenile and in aid of rehabilitation, the court may order a parent who
15has custody, as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. The
16amount of any forfeiture ordered under this paragraph may not exceed the amount
17specified in s. 799.01 (1) (d)
$5,000. Any order under this paragraph shall include
18a finding that the parent who has custody of the juvenile is financially able to pay
19the amount ordered and shall allow up to 12 months after the date of the order for
20the payment. Any recovery under this paragraph shall be reduced by the amount
21recovered as a forfeiture for the same act under s. 938.34 (8) or 938.343 (2).
AB651, s. 39 22Section 39. 943.212 (7) of the statutes is amended to read:
AB651,16,2523 943.212 (7) Nothing in this section precludes a plaintiff from bringing the
24action under ch. 799 if the amount claimed is within the jurisdictional limits of s.
25799.01 (1) (d) or, if the claim is based on negligence, s. 799.01 (1) (e).
AB651, s. 40
1Section 40. 943.24 (3) (b) of the statutes is amended to read:
AB651,17,62 943.24 (3) (b) Proof that, at the time of issuance, the person did not have
3sufficient funds or credit with the drawee and that the person failed within 5 days
4after receiving written notice of nonpayment or dishonor to pay the check or other
5order, delivered by regular mail to either the person's last-known address or the
6address provided on the check or other order
; or
AB651, s. 41 7Section 41. 943.24 (3) (c) of the statutes is amended to read:
AB651,17,128 943.24 (3) (c) Proof that, when presentment was made within a reasonable
9time, the person did not have sufficient funds or credit with the drawee and the
10person failed within 5 days after receiving written notice of nonpayment or dishonor
11to pay the check or other order, delivered by regular mail to either the person's
12last-known address or the address provided on the check or other order
.
AB651, s. 42 13Section 42. 943.245 (3) of the statutes is amended to read:
AB651,17,1614 943.245 (3) Notwithstanding sub. (2) (c) and (d), the total amount awarded for
15exemplary damages and reasonable attorney fees may not exceed $500 for each
16violation
.
AB651, s. 43 17Section 43. 943.245 (4) of the statutes is amended to read:
AB651,18,218 943.245 (4) At least 20 days prior to commencing an action, as specified in s.
19801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or
20her intent to bring the action. Notice of nonpayment or dishonor shall be sent by the
21payee or holder of the check or order to the drawer by regular mail supported by an
22affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post
23office from which the mailing was made
. The plaintiff shall mail the notice to the
24defendant's last-known address or to the address provided on the check or order. If

1the defendant pays the check or order prior to the commencement of the action, he
2or she is not liable under this section.
AB651, s. 44 3Section 44. 943.245 (8) of the statutes is amended to read:
AB651,18,64 943.245 (8) Nothing in this section precludes a plaintiff from bringing the
5action under ch. 799 if the amount claimed is within the jurisdictional limits of s.
6799.01 (1) (d) or, if the claim is based on negligence, s. 799.01 (1) (e).
AB651, s. 45 7Section 45. 943.51 (3) of the statutes is amended to read:
AB651,18,108 943.51 (3) Notwithstanding sub. (2) and except as provided in sub. (3m), the
9total amount awarded for exemplary damages and reasonable attorney fees may not
10exceed $500 for each violation.
AB651, s. 46 11Section 46. 943.51 (3m) of the statutes is amended to read:
AB651,18,1512 943.51 (3m) Notwithstanding sub. (2), the total amount awarded for
13exemplary damages and reasonable attorney fees may not exceed $300 for each
14violation
if the action is brought against a minor or against the parent who has
15custody of their minor child for the loss caused by the minor.
AB651, s. 47 16Section 47. 943.51 (6) of the statutes is amended to read:
AB651,18,1917 943.51 (6) Nothing in this section precludes a plaintiff from bringing the action
18under ch. 799 if the amount claimed is within the jurisdictional limits of s. 799.01 (1)
19(d) or, if the claim is based on negligence, s. 799.01 (1) (e).
AB651, s. 48 20Section 48. Initial applicability.
AB651,18,2221 (1) Except as provided in subsection (2), this act first applies to actions
22commenced or claims made on the effective date of this subsection.
AB651,19,223 (2) The treatment of sections 895.035 (2) and (4), 895.80 (1), (2), (3) (a), (b), and
24(c), (4), and (6), 938.245 (2) (a) 5. am., 938.32 (1t) (a) 1m., 938.45 (1r) (a) and (b),
25943.212 (7), 943.24 (3) (b) and (c), 943.245 (3), (4), and (8), and 943.51 (3), (3m), and

1(6) of the statutes first applies to violations committed on the effective date of this
2subsection.
AB651, s. 49 3Section 49. Effective date.
AB651,19,54 (1) This act takes effect on the first day of the 4th month beginning after
5publication.
AB651,19,66 (End)
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