LRBa1659/1
TNF:jlg:lp
1997 - 1998 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 39
February 12, 1998 - Offered by Senators Rude and
Drzewiecki.
SB39-SSA1-SA1,2,25
345.26
(1) (b) 1. If the person makes a deposit for a violation of a traffic
6regulation, the person need not appear in court at the time fixed in the citation, and
7the person will be deemed to have tendered a plea of no contest and submitted to a
8forfeiture and a penalty assessment, if required by s. 165.87, a jail assessment, if
9required by s. 302.46 (1),
a railroad crossing improvement assessment, if required
10by s. 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement
11assessment, if required by s. 165.755, plus any applicable fees prescribed in ch. 814,
1not to exceed the amount of the deposit that the court may accept as provided in s.
2345.37; and
SB39-SSA1-SA1,2,95
345.26
(2) (b) In addition to the amount in par. (a), the deposit shall include
6court costs, including any applicable fees prescribed in ch. 814, any applicable
7penalty assessment, any applicable jail assessment
, any applicable railroad crossing
8improvement assessment and any applicable crime laboratories and drug law
9enforcement assessment.
SB39-SSA1-SA1,2,2412
345.36
(2) (b) Deem the nonappearance a plea of no contest and enter judgment
13accordingly. If the defendant has posted bond for appearance at that date, the court
14may also order the bond forfeited. The court shall promptly mail a copy of the
15judgment to the defendant. The judgment shall allow not less than 20 days from the
16date thereof for payment of any forfeiture, penalty assessment, jail assessment,
17railroad crossing improvement assessment, crime laboratories and drug law
18enforcement assessment and costs imposed. If the defendant moves to open the
19judgment within 20 days after the date set for trial, and shows to the satisfaction of
20the court that the failure to appear was due to mistake, inadvertence, surprise or
21excusable neglect, the court shall open the judgment, reinstate the not guilty plea
22and set a new trial date. The court may impose costs under s. 814.07. The court shall
23immediately notify the department to delete the record of conviction based upon the
24original judgment.
SB39-SSA1-SA1,3,173
345.37
(1) (b) Deem the nonappearance a plea of no contest and enter judgment
4accordingly. If the defendant has posted bond for appearance at that date, the court
5may also order the bond forfeited. The court shall promptly mail a copy or notice of
6the judgment to the defendant. The judgment shall allow not less than 20 days from
7the date thereof for payment of any forfeiture, penalty assessment,
railroad crossing
8improvement assessment, crime laboratories and drug law enforcement assessment
9and costs imposed. If the defendant moves to open the judgment within 6 months
10after the court appearance date fixed in the citation, and shows to the satisfaction
11of the court that the failure to appear was due to mistake, inadvertence, surprise or
12excusable neglect, the court shall open the judgment, accept a not guilty plea and set
13a trial date. The court may impose costs under s. 814.07. The court shall
14immediately notify the department to delete the record of conviction based upon the
15original judgment. If the offense involved is a nonmoving traffic violation and the
16defendant is subject to s. 345.28 (5) (c), a default judgment may be entered and
17opened as provided in s. 345.28 (5) (c).
SB39-SSA1-SA1,4,1120
345.37
(2) If the defendant has made a deposit under s. 345.26, the citation may
21serve as the initial pleading and the defendant shall be deemed to have tendered a
22plea of no contest and submitted to a forfeiture and a penalty assessment, if required
23by s. 165.87, a jail assessment, if required by s. 302.46 (1),
a railroad crossing
24improvement assessment, if required by s. 346.495 or 346.65 (4r), and a crime
25laboratories and drug law enforcement assessment, if required by s. 165.755, plus
1costs, including any applicable fees prescribed in ch. 814, not exceeding the amount
2of the deposit. The court may either accept the plea of no contest and enter judgment
3accordingly, or reject the plea and issue a summons under ch. 968. If the defendant
4fails to appear in response to the summons, the court shall issue a warrant under ch.
5968. If the court accepts the plea of no contest, the defendant may move within 6
6months after the date set for the appearance to withdraw the plea of no contest, open
7the judgment and enter a plea of not guilty upon a showing to the satisfaction of the
8court that the failure to appear was due to mistake, inadvertence, surprise or
9excusable neglect. If on reopening the defendant is found not guilty, the court shall
10immediately notify the department to delete the record of conviction based on the
11original proceeding and shall order the defendant's deposit returned.
SB39-SSA1-SA1,4,2014
345.37
(5) Within 5 working days after forfeiture of deposit or entry of default
15judgment, the official receiving the forfeiture, the penalty assessment, if required by
16s. 165.87, the jail assessment, if required by s. 302.46 (1),
the railroad crossing
17improvement assessment, if required by s. 346.495 or 346.65 (4r), and the crime
18laboratories and drug law enforcement assessment, if required by s. 165.755, shall
19forward to the department a certification of the entry of default judgment or a
20judgment of forfeiture.
SB39-SSA1-SA1,5,523
345.47
(1) (intro.) If the defendant is found guilty, the court may enter
24judgment against the defendant for a monetary amount not to exceed the maximum
25forfeiture, penalty assessment, if required by s. 165.87, the jail assessment, if
1required by s. 302.46 (1),
the railroad crossing improvement assessment, if required
2by s. 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement
3assessment, if required by s. 165.755, provided for the violation and for costs under
4s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under
5s. 343.30. If the judgment is not paid, the court shall order:
SB39-SSA1-SA1,5,168
345.47
(1) (b) In lieu of imprisonment and in addition to any other suspension
9or revocation, that the defendant's operating privilege be suspended for 30 days or
10until the person pays the forfeiture, the penalty assessment, if required by s. 165.87,
11the jail assessment, if required by s. 302.46 (1),
the railroad crossing improvement
12assessment, if required by s. 346.495 or 346.65 (4r), and the crime laboratories and
13drug law enforcement assessment, if required by s. 165.755, but not to exceed 5 years.
14Suspension under this paragraph shall not affect the power of the court to suspend
15or revoke under s. 343.30 or the power of the secretary to suspend or revoke the
16operating privilege.
SB39-SSA1-SA1,6,819
345.47
(1) (c) If a court or judge suspends an operating privilege under this
20section, the court or judge shall immediately take possession of the suspended license
21and shall forward it to the department together with the notice of suspension, which
22shall clearly state that the suspension was for failure to pay a forfeiture, a penalty
23assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1),
24a railroad crossing improvement assessment, if required by s. 346.495 or 346.65 (4r), 25and a crime laboratories and drug law enforcement assessment, if required by s.
1165.755, imposed by the court. The notice of suspension and the suspended license,
2if it is available, shall be forwarded to the department within 48 hours after the order
3of suspension. If the forfeiture, penalty assessment, jail assessment
, railroad
4crossing improvement assessment and crime laboratories and drug law enforcement
5assessment are paid during a period of suspension, the court or judge shall
6immediately notify the department. Upon receipt of the notice and payment of the
7reinstatement fee under s. 343.21 (1) (j), the department shall return the
8surrendered license.
SB39-SSA1-SA1,6,1611
345.47
(2) The payment of any judgment may be suspended or deferred for not
12more than 60 days in the discretion of the court. In cases where a deposit has been
13made, any forfeitures, penalty assessments, jail assessments,
railroad crossing
14improvement assessments, crime laboratories and drug law enforcement
15assessments and costs shall be taken out of the deposit and the balance, if any,
16returned to the defendant.
SB39-SSA1-SA1,6,2319
345.47
(3) When a defendant is imprisoned for nonpayment of a forfeiture, a
20penalty assessment, a jail assessment
, a railroad crossing improvement assessment 21or a crime laboratories and drug law enforcement assessment for an action brought
22by a municipality located in more than one county, any commitment to a county
23institution shall be to the county in which the action was tried.
SB39-SSA1-SA1,7,10
1345.49
(1) Any person imprisoned under s. 345.47 for nonpayment of a
2forfeiture, a penalty assessment, if required by s. 165.87, a jail assessment, if
3required by s. 302.46 (1),
a railroad crossing improvement assessment, if required
4by s. 346.495 or 346.65 (4r), or a crime laboratories and drug law enforcement
5assessment, if required by s. 165.755, may, on request, be allowed to work under s.
6303.08. If the person does work, earnings shall be applied on the unpaid forfeiture,
7penalty assessment, jail assessment
, railroad crossing improvement assessment or
8crime laboratories and drug law enforcement assessment after payment of personal
9board and expenses and support of personal dependents to the extent directed by the
10court.
SB39-SSA1-SA1,8,213
345.49
(2) Any person who is subject to imprisonment under s. 345.47 for
14nonpayment of a forfeiture, penalty assessment, jail assessment
, railroad crossing
15improvement assessment or crime laboratories and drug law enforcement
16assessment may be placed on probation to some person satisfactory to the court for
17not more than 90 days or until the forfeiture, penalty assessment, jail assessment
,
18railroad crossing improvement assessment or crime laboratories and drug law
19enforcement assessment is paid if that is done before expiration of the 90-day period.
20The payment of the forfeiture, penalty assessment, jail assessment
, railroad crossing
21improvement assessment or crime laboratories and drug law enforcement
22assessment during that period shall be a condition of the probation. If the forfeiture,
23penalty assessment, jail assessment
, railroad crossing improvement assessment or
24crime laboratories and drug law enforcement assessment is not paid or the court
1deems that the interests of justice require, probation may be terminated and the
2defendant imprisoned as provided in sub. (1) or s. 345.47.
SB39-SSA1-SA1,8,185
345.61
(2) (c) "Guaranteed arrest bond certificate" as used in this section means
6any printed card or other certificate issued by an automobile club, association or
7insurance company to any of its members or insureds, which card or certificate is
8signed by the member or insureds and contains a printed statement that the
9automobile club, association or insurance company and a surety company, or an
10insurance company authorized to transact both automobile liability insurance and
11surety business, guarantee the appearance of the persons whose signature appears
12on the card or certificate and that they will in the event of failure of the person to
13appear in court at the time of trial, pay any fine or forfeiture imposed on the person,
14including the penalty assessment required by s. 165.87, the jail assessment required
15by s. 302.46 (1)
, the railroad crossing improvement assessment required by s.
16346.495 or 346.65 (4r) and the crime laboratories and drug law enforcement
17assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as
18provided in sub. (1) (b).".
SB39-SSA1-SA1,9,3
214. Page 6, line 12: after "
(3)" insert "If any deposit is made for an offense to
22which this section applies, the person making the deposit shall also deposit a
23sufficient amount to include the railroad crossing improvement assessment under
24this section. If the deposit is forfeited, the amount of the railroad crossing
1improvement assessment shall be transmitted to the state treasurer under sub. (4).
2If the deposit is returned, the amount of the railroad crossing improvement
3assessment shall also be returned.
SB39-SSA1-SA1,9,13
77. Page 7, line 9: after "(c)" insert "If any deposit is made for an offense to which
8this subsection applies, the person making the deposit shall also deposit a sufficient
9amount to include the railroad crossing improvement assessment under this
10subsection. If the deposit is forfeited, the amount of the railroad crossing
11improvement assessment shall be transmitted to the state treasurer under par. (d).
12If the deposit is returned, the amount of the railroad crossing improvement
13assessment shall also be returned.