AB150-SA116,66,20
20"
Section 7141bg. 800.095 (1) (intro.) of the statutes is amended to read:
AB150-SA116,67,521
800.095
(1) Nonpayment or noncompliance. (intro.) If the defendant does not
22comply with the judgment of the court under s. 800.09 (1)
, fails to pay a driver
1improvement surcharge imposed under s. 346.655 or fails to comply with the
2community service work order under s. 800.09 (1) (b), the court shall issue a warrant
3to arrest the defendant and bring him or her before the court or a summons ordering
4the defendant to appear in court, or both. The defendant may be incarcerated prior
5to the court appearance.
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800.095
(4) (b) 1. That the defendant be imprisoned until the forfeiture,
8assessments
, surcharge and costs are paid, except that the defendant reduces the
9amount owed at a rate of at least $25 for each day of imprisonment, including
10imprisonment following an arrest but prior to the findings under this subsection, and
11the maximum period of imprisonment is 90 days.".
AB150-SA116,67,2018
814.635
(2) The clerk shall pay the moneys collected under
sub. subs. (1)
and
19(1m) to the county treasurer under s. 59.395 (5). The county treasurer shall pay those
20moneys to the state treasurer under s. 59.20 (11).".
AB150-SA116,68,3
1946.41
(1) Whoever Subject to sub. (1m), whoever knowingly resists or
2obstructs an officer while such officer is doing any act in an official capacity and with
3lawful authority, is guilty of a Class A misdemeanor.
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946.41
(1m) (a) A person may not be prosecuted under sub. (1) if all of the
6following apply:
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1. The person violates sub. (1) solely by knowingly giving false information to
8an officer.
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2. The person corrects the false information by providing the officer or the
10officer's department with the correct information not later than 48 hours after giving
11the false information to the officer.
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(am) Paragraph (a) does not prohibit a prosecutor from charging a person who
13may not be prosecuted under par. (a) with a violation of a county ordinance if the
14county in which the violation of sub. (1) allegedly occurred has an ordinance that is
15in conformity with or substantially similar to sub. (1).
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(b) If a prosecutor filed a complaint that charges a person with violating sub.
17(1) and par. (a) applies, the prosecutor shall comply with s. 968.03 (4).".
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(a) Specifies in the complaint the penalties, including imprisonment,
23authorized by law for the offense.
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1(b) Specifies in the complaint his or her reasons for seeking imprisonment in
2the case.".
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4"
(2m) A prosecutor has the same discretion to seek imprisonment under sub.
5(2) as he or she has in making other charging decisions. The statement of reasons
6required under sub. (2) (b) is not an element of the offense and a prosecutor is not
7required to present any evidence to support his or her decision to seek imprisonment
8under sub. (2).".
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968.03
(4) (a) If a prosecutor filed a complaint that charges a person with
14violating s. 946.41 (1) and the person may not be prosecuted under s. 946.41 (1m) (a),
15the prosecutor shall move the court to dismiss the complaint or, if the defendant may
16be charged as provided under s. 946.41 (1m) (am), to amend the complaint to charge
17the defendant with violation of a county ordinance. The motion shall be in writing
18and shall state the grounds for dismissing or amending the complaint under s. 946.41
19(1m).
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(b) Upon the filing of a motion to dismiss under par. (a), the court shall dismiss
21the complaint with prejudice. Upon the filing of a motion under par. (a) to amend the
22complaint to charge the defendant with violation of a county ordinance, the court
23shall grant the motion to amend if the defendant may be charged as provided under
1s. 946.41 (1m) (am) or shall deny the motion and dismiss the complaint with prejudice
2if the defendant may not be charged as provided under s. 946.41 (1m) (am).".
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4"977.02
(7r) (am) For any reduction under par. (a), the board".
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8"977.05
(6) (c) The state public defender may not provide legal services or
9assign counsel for an adult in a criminal case if all of the following apply:
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1. The adult is not in custody.
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2. The adult has not yet been charged with a crime.
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977.05
(6) (cm) The state public defender may not provide legal services or
14assign counsel for a child in a juvenile case if all of the following apply:
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1. The child is not in custody.
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2. The child is not yet subject to a proceeding under ch. 48 for which counsel
17is required under s. 48.23 or for which counsel may be appointed under s. 48.23.".
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18491. Page 2455, line 24: after "(b)" insert: "or, if the time limit specified in s.
19809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the
20order enlarging time".
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21492. Page 2456, line 7: after "(b)" insert: "or, if the time limit specified in s.
22809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the
23order enlarging time".
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1493. Page 2456, line 10: delete lines 10 and 11 and substitute: "counsel in a
2proceeding under s. 973.09 (3) to modify the conditions of a probationer's probation
3unless all of the following apply:".
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12"
977.075 Payment for legal representation. (1) The board shall establish
13by rule fixed amounts as flat payments for the cost of representation that a person,
14other than a parent subject to s. 48.275 (2) (b), who is responsible for payment for
15legal representation, may elect to pay. The rule shall require all of the following:
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(a)
If a person elects to pay the applicable fixed amount, the person cannot be
17held liable for any additional payment for counsel.
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(b)
The person may pay the fixed amount only at the beginning of the
19representation.
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20(3) The board shall establish by rule a fee schedule that sets the amount that
21a person, other than a parent subject to s. 48.275 (2) (b), who is responsible for
22payment for legal representation shall pay for the cost of the legal representation.
23The schedule shall establish a fee for a given type of case, and the fee for a given type
1of case shall be based on the average cost, as determined by the board, for
2representation for that type of case.
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3(4) The board may establish by rule a procedure for collecting a nonrefundable
4partial payment within 60 days after the commencement of representation for legal
5services from persons who are responsible for payment for legal representation. This
6subsection does not apply to a parent who is subject to s. 48.275 (2) (b).
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7(5) The rules under subs. (3) and (4) do not apply to a person who has paid under
8sub. (1).".
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11977.077 Deposit of payments received. Payments for services provided by
12the state public defender or other counsel under this chapter that are received
13pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and
14credited to the appropriation under s. 20.550 (1) (L).".
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17"
Section 7284b. 977.08 (3) (f) of the statutes is amended to read:
