LRB-2117/3
RPN:jld:rs
2007 - 2008 LEGISLATURE
January 7, 2008 - Introduced by Representatives Krusick, Gottlieb, Ballweg,
Jeskewitz, Petrowski, Strachota and Zepnick, cosponsored by Senators
Plale, Darling, Lassa and Olsen, by request of Wisconsin Alliance of Cities,
League of Wisconsin Municipalities and the City of Milwaukee. Referred to
Committee on Urban and Local Affairs.
AB669,1,3
1An Act to amend 778.30 (1) (intro.) and 800.09 (1) (intro.); and
to create 800.09
2(1) (d) of the statutes;
relating to: assignment of income and earnings to pay
3a municipal court judgment.
Analysis by the Legislative Reference Bureau
Under current law, if a person fails to pay a judgment ordered by a municipal
court, the court may do any of the following:
1. Defer any payment of the judgment for a period of time.
2. Allow the person to pay the judgment by making installment payments.
3. Order the person to perform community service work in lieu of paying the
judgment.
4. Suspend the person's driving privileges until the judgment is paid, including
taking possession of the person's license to drive.
This bill includes municipal court judgments to those which may be collected
by these methods and adds another option to the court, allowing the court to issue
an order assigning not more than 25 percent of the person's earnings, worker's
compensation, pension, and other money due to the person, such as lottery prizes,
to pay an unpaid judgment.
For further information see the 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:
AB669, s. 1
1Section
1. 778.30 (1) (intro.) of the statutes is amended to read:
AB669,2,72
778.30
(1) (intro.) In addition to the procedures under s. 23.795 or 345.47 or
3under this chapter for the collection of forfeitures, costs, assessments, surcharges
,
4municipal court judgments, or restitution payments if a defendant fails to pay the
5forfeiture, costs, assessment, surcharge
, municipal court judgments, or restitution
6payment within the period specified by the circuit court, the court may do any of the
7following:
AB669, s. 2
8Section
2. 800.09 (1) (intro.) of the statutes is amended to read:
AB669,2,159
800.09
(1) Judgment. (intro.) If a municipal court finds a defendant guilty, it
10may render judgment by ordering restitution under s. 800.093 and payment of a
11forfeiture, plus costs, fees, and surcharges imposed under ch. 814. The court shall
12apply any payment received on a judgment that includes restitution to first satisfy
13any payment of restitution ordered, then to pay the forfeiture, costs, fees, and
14surcharges. If the judgment is not paid, the court may proceed under par. (a), (b),
or 15(c)
, or (d) or any combination of those paragraphs, as follows:
AB669, s. 3
16Section
3. 800.09 (1) (d) of the statutes is created to read:
AB669,2,2117
800.09
(1) (d) The court may issue an order assigning not more than 25 percent
18of the defendant's commissions, earnings, salaries, wages, pension benefits, benefits
19under ch. 102, and other money due or to be due in the future, including lottery
20prizes, to the municipal court for payment of the unpaid restitution, forfeiture, costs,
21fees, or surcharges.
AB669,2,2423
(1) This act first applies to judgments entered on the effective date of this
24subsection.
AB669,3,2
1(1)
This act takes effect on the first day of the 4th month beginning after
2publication.
