LRB-0727/1
PJH:cjs:jf
2013 - 2014 LEGISLATURE
March 14, 2013 - Introduced by Representatives J. Ott, Stone, Kooyenga, Jacque,
Spiros, Kerkman, Bies, Stroebel, A. Ott, Strachota, T. Larson, Thiesfeldt
and LeMahieu, cosponsored by Senators Darling, Kedzie and Carpenter.
Referred to Committee on Judiciary.
AB67,1,4 1An Act to renumber and amend 66.0114 (1) (b); to amend 800.035 (5) (a); and
2to create 66.0114 (1) (b) 2., 345.26 (1) (b) 3. and 967.055 (2m) of the statutes;
3relating to: requiring persons accused of violating traffic laws and ordinances
4related to driving while intoxicated to appear in person in court.
Analysis by the Legislative Reference Bureau
Under current law, generally, a first violation of operating a vehicle while under
the influence of an intoxicant, with a detectable amount of a restricted controlled
substance in one's blood, or with a prohibited alcohol concentration (OWI-related
violation), is a traffic violation punishable by a civil forfeiture. Current law allows
local units of government to enact ordinances in conformity with the state traffic law
that punishes most first OWI-related offenses as a civil violation.
Under current law, a person who receives a citation for an OWI-related civil
traffic violation or who receives a citation for an ordinance in conformity with the
OWI-related traffic violation may opt to appear in court to plead not guilty to the
violation or may opt to pay the forfeiture associated with the violation and avoid an
appearance in court. Generally, a person who pays the forfeiture associated with the
violation is considered to have pled guilty or no contest to the charge.
Under this bill, a person who receives a citation for an OWI-related civil traffic
violation or who receives a citation for an ordinance in conformity therewith is
required to appear in court to plead guilty, no contest, or not guilty to the charge.

For further information see the state and 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:
AB67,1 1Section 1. 66.0114 (1) (b) of the statutes is renumbered 66.0114 (1) (b) 1. and
2amended to read:
AB67,2,133 66.0114 (1) (b) 1. Local ordinances, except as provided in this paragraph or ss.
4345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any
5or all violations under those ordinances, may designate the manner in which the
6stipulation is to be made, and may fix the penalty to be paid. When Except as
7provided in subd. 2., when
a person charged with a violation for which stipulation
8of guilt or no contest is authorized makes a timely stipulation and pays the required
9penalty, plus costs, fees, and surcharges imposed under ch. 814, to the designated
10official, the person need not appear in court and no witness fees or other additional
11costs, fees, or surcharges may be imposed under ch. 814 unless the local ordinance
12so provides. A court appearance is required for a violation of a local ordinance in
13conformity with s. 346.63 (1).
AB67,2 14Section 2. 66.0114 (1) (b) 2. of the statutes is created to read:
AB67,2,1715 66.0114 (1) (b) 2. A person who is charged with a violation of a local ordinance
16in conformity with s. 346.63 (1) or (5) shall appear, in person, in court to plead guilty,
17no contest, or not guilty.
AB67,3 18Section 3. 345.26 (1) (b) 3. of the statutes is created to read:
AB67,3,219 345.26 (1) (b) 3. Subdivision 1. does not apply to a person who is charged with
20a violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith and who

1is required to appear in person pursuant to s. 66.0114 (1) (b) 2., 800.035 (5) (a), or
2967.055 (2m).
AB67,4 3Section 4. 800.035 (5) (a) of the statutes is amended to read:
AB67,3,64 800.035 (5) (a) If a defendant is charged with a violation of an ordinance in
5conformity with s. 346.63 (1) or (5), the municipality may shall, by ordinance, require
6the defendant to appear in person before the court.
AB67,5 7Section 5. 967.055 (2m) of the statutes is created to read:
AB67,3,118 967.055 (2m) Personal appearance in court. A person who is charged with a
9civil violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith shall
10appear in person in court to enter a plea of guilty, no contest, or not guilty to the
11charge. In this subsection, "court" may mean a circuit court or a municipal court.
AB67,6 12Section 6. Initial applicability.
AB67,3,1413 (1) This act first applies to violations that occur on the effective date of this
14subsection.
AB67,3,1515 (End)
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