AB100, s. 5140
21Section
5140. 778.10 of the statutes is amended to read:
AB100,1909,13
22778.10 Municipal forfeitures, how recovered. All forfeitures imposed by
23any ordinance or regulation of any county, town, city or village, or of any other
24domestic corporation may be sued for and recovered, under this chapter, in the name
25of the county, town, city, village or corporation. It is sufficient to allege in the
1complaint that the defendant is indebted to the plaintiff in the amount of the
2forfeiture claimed, specifying the ordinance or regulation that imposes it and of the
3penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
4(1)
, the crime laboratories assessment imposed by s. 165.755 and any applicable
5domestic abuse assessment imposed by s. 973.055 (1). If the ordinance or regulation
6imposes a penalty or forfeiture for several offenses or delinquencies the complaint
7shall specify the particular offenses or delinquency for which the action is brought,
8with a demand for judgment for the amount of the forfeiture, the penalty assessment
9imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1)
, the crime
10laboratories assessment imposed by s. 165.755 and any applicable domestic abuse
11assessment imposed by s. 973.055 (1). All moneys collected on the judgment shall
12be paid to the treasurer of the county, town, city, village or corporation, except that
13all jail assessments shall be paid to the county treasurer.
AB100, s. 5141
14Section
5141. 778.105 of the statutes is amended to read:
AB100,1909,21
15778.105 Disposition of forfeitures. Revenues from forfeitures imposed by
16any court or any branch thereof for the violation of any municipal or county
17ordinance shall be paid to the municipality or county. Penalty assessment payments
18shall be made as provided in s. 165.87. Jail assessment payments shall be made as
19provided in s. 302.46 (1).
Crime laboratories assessment payments shall be paid as
20provided in s. 165.755. Domestic abuse assessments shall be made as provided in s.
21973.055.
AB100, s. 5142
22Section
5142. 778.13 of the statutes is amended to read:
AB100,1910,9
23778.13 Forfeitures collected, to whom paid. All moneys collected in favor
24of the state for forfeiture, except the portion to be paid to any person who sues with
25the state, shall be paid by the officer who collects the forfeiture to the treasurer of the
1county within which the forfeiture was incurred within 20 days after its receipt. In
2case of any failure in the payment the county treasurer may collect the payment of
3the officer by action, in the name of the office and upon the official bond of the officer,
4with interest at the rate of 12% per year from the time when it should have been paid.
5Penalty assessment payments shall be made as provided in s. 165.87. Jail
6assessment payments shall be made as provided in s. 302.46 (1).
Crime laboratories
7assessment payments shall be paid as provided in s. 165.755. Domestic abuse
8assessments shall be made as provided in s. 973.055.
Enforcement assessments
9shall be made as provided in s. 253.06 (4) (c).
AB100, s. 5143
10Section
5143. 778.18 of the statutes is amended to read:
AB100,1910,25
11778.18 Penalty upon municipal judge. If any municipal judge, of his or her
12own will, dismisses any action brought before the judge under this chapter, unless
13by order of the district attorney or attorney general or the person joined as plaintiff
14with the state, or renders a less judgment therein than is prescribed by law, or
15releases or discharges any such judgment or part thereof without payment or
16collection, the judge and the judge's sureties shall be liable, in an action upon the
17judge's bond, for the full amount of the forfeitures imposed by law or of the forfeiture
18imposed by the judge and for the penalty assessment imposed by s. 165.87, the jail
19assessment imposed by s. 302.46 (1)
, the crime laboratories assessment imposed by
20s. 165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1),
21or for an amount equal to the amount in which any such judgment or any part thereof
22is released or discharged. If any municipal judge gives time or delay to any person
23against whom any such judgment is rendered by the judge, or takes any bond or
24security for its future payment, the judge and the judge's sureties shall also be liable
25for the payment of the judgment upon the judge's bond.
AB100, s. 5144
1Section
5144. 778.25 (2) (g) of the statutes is amended to read:
AB100,1911,92
778.25
(2) (g) Notice that if the defendant makes a deposit and fails to appear
3in court at the time fixed in the citation, the failure to appear will be considered
4tender of a plea of no contest and submission to a forfeiture, penalty assessment
and 5, jail assessment
and crime laboratories assessment plus costs, including any
6applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The
7notice shall also state that the court may decide to summon the defendant or, if the
8defendant is an adult, issue an arrest warrant for the defendant rather than accept
9the deposit and plea.
AB100, s. 5145
10Section
5145. 778.25 (2) (h) of the statutes is amended to read:
AB100,1911,1911
778.25
(2) (h) Notice that if the defendant makes a deposit and signs the
12stipulation, the stipulation is treated as a plea of no contest and submission to a
13forfeiture, penalty assessment
and, jail assessment
and crime laboratories
14assessment plus costs, including any applicable fees prescribed in ch. 814, not to
15exceed the amount of the deposit. The notice shall also state that the court may
16decide to summon the defendant or, if the defendant is an adult, issue an arrest
17warrant for the defendant rather than accept the deposit and stipulation, and that
18the defendant may, at any time prior to or at the time of the court appearance date,
19move the court for relief from the effect of the stipulation.
AB100, s. 5146
20Section
5146. 778.25 (3) of the statutes is amended to read:
AB100,1912,521
778.25
(3) If a person is issued a citation under this section the person may
22deposit the amount of money the issuing officer directs by mailing or delivering the
23deposit and a copy of the citation to the clerk of court of the county where the violation
24occurred or the sheriff's office or police headquarters of the officer who issued the
25citation prior to the court appearance date. The basic amount of the deposit shall be
1determined under a deposit schedule established by the judicial conference. The
2judicial conference shall annually review and revise the schedule. In addition to the
3basic amount determined by the schedule the deposit shall include costs, including
4any applicable fees prescribed in ch. 814, penalty assessment
and, jail assessment
5and crime laboratories assessment.
AB100, s. 5147
6Section
5147. 778.25 (4) of the statutes is amended to read:
AB100,1912,117
778.25
(4) A person may make a stipulation of no contest by submitting a
8deposit and a stipulation in the manner provided by sub. (3) prior to the court
9appearance date. The signed stipulation is a plea of no contest and submission to a
10forfeiture plus costs and a penalty assessment
and, jail assessment
and crime
11laboratories assessment not exceeding the amount of the deposit.
AB100, s. 5148
12Section
5148. 778.25 (5) of the statutes is amended to read:
AB100,1912,2213
778.25
(5) Except as provided by sub. (6) a person receiving a deposit shall
14prepare a receipt in triplicate showing the purpose for which the deposit is made,
15stating that the defendant may inquire at the office of the clerk of court regarding
16the disposition of the deposit, and notifying the defendant that if he or she fails to
17appear in court at the time fixed in the citation he or she will be deemed to have
18tendered a plea of no contest and submitted to a forfeiture, penalty assessment
and, 19jail assessment
and crime laboratories assessment plus costs, including any
20applicable fees prescribed in ch. 814, not to exceed the amount of the deposit which
21the court may accept. The original of the receipt shall be delivered to the defendant
22in person or by mail. If the defendant pays by check, the check is the receipt.
AB100, s. 5149
23Section
5149. 778.25 (6) of the statutes is amended to read:
AB100,1913,724
778.25
(6) The person receiving a deposit and stipulation of no contest shall
25prepare a receipt in triplicate showing the purpose for which the deposit is made,
1stating that the defendant may inquire at the office of the clerk of court regarding
2the disposition of the deposit, and notifying the defendant that if the stipulation of
3no contest is accepted by the court the defendant will be considered to have submitted
4to a forfeiture, penalty assessment
and, jail assessment
and crime laboratories
5assessment plus costs, including any applicable fees prescribed in ch. 814, not to
6exceed the amount of the deposit. Delivery of the receipt shall be made in the same
7manner as in sub. (5).
AB100, s. 5150
8Section
5150. 778.25 (8) (b) of the statutes is amended to read:
AB100,1913,249
778.25
(8) (b) If the defendant has made a deposit, the citation may serve as
10the initial pleading and the defendant shall be considered to have tendered a plea
11of no contest and submitted to a forfeiture, penalty assessment
and, jail assessment
12and crime laboratories assessment plus costs, including any applicable fees
13prescribed in ch. 814, not exceeding the amount of the deposit. The court may either
14accept the plea of no contest and enter judgment accordingly, or reject the plea and
15issue a summons or arrest warrant, except if the defendant is a minor the court shall
16proceed under s. 938.28. Chapter 938 governs taking and holding a minor in custody.
17If the court accepts the plea of no contest, the defendant may move within 90 days
18after the date set for appearance to withdraw the plea of no contest, open the
19judgment and enter a plea of not guilty if the defendant shows to the satisfaction of
20the court that failure to appear was due to mistake, inadvertence, surprise or
21excusable neglect. If a party is relieved from the plea of no contest, the court or judge
22may order a written complaint or petition to be filed. If on reopening the defendant
23is found not guilty, the court shall delete the record of conviction and shall order the
24defendant's deposit returned.
AB100, s. 5151
25Section
5151. 778.25 (8) (c) of the statutes is amended to read:
AB100,1914,13
1778.25
(8) (c) If the defendant has made a deposit and stipulation of no contest,
2the citation serves as the initial pleading and the defendant shall be considered to
3have tendered a plea of no contest and submitted to a forfeiture, penalty assessment
4and, jail assessment
and crime laboratories assessment plus costs, including any
5applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The
6court may either accept the plea of no contest and enter judgment accordingly, or
7reject the plea and issue a summons or arrest warrant, except if the defendant is a
8minor the court shall proceed under s. 938.28. Chapter 938 governs taking and
9holding a minor in custody. After signing a stipulation of no contest, the defendant
10may, at any time prior to or at the time of the court appearance date, move the court
11for relief from the effect of the stipulation. The court may act on the motion, with or
12without notice, for cause shown by affidavit and upon just terms, and relieve the
13defendant from the stipulation and the effects of the stipulation.
AB100, s. 5152
14Section
5152. 778.25 (10) of the statutes is amended to read:
AB100,1914,2215
778.25
(10) An officer collecting moneys for a forfeiture, penalty assessment,
16jail assessment
, crime laboratories assessment and costs under this section shall pay
17the same to the appropriate municipal or county treasurer within 20 days after its
18receipt by the officer, except that all jail assessments shall be paid to the county
19treasurer. If the officer fails to make timely payment, the municipal or county
20treasurer may collect the payment from the officer by an action in the treasurer's
21name of office and upon the official bond of the officer, with interest at the rate of 12%
22per year from the time when it should have been paid.
AB100, s. 5153
23Section
5153. 778.26 (2) (e) of the statutes is amended to read:
AB100,1914,2524
778.26
(2) (e) The maximum forfeiture, penalty assessment
and, jail
25assessment
and crime laboratories assessment for which the defendant is liable.
AB100, s. 5154
1Section
5154. 778.26 (2) (g) of the statutes is amended to read:
AB100,1915,82
778.26
(2) (g) Notice that if the defendant makes a deposit and fails to appear
3in court at the time specified in the citation, the failure to appear will be considered
4tender of a plea of no contest and submission to a forfeiture, penalty assessment
and, 5jail assessment
and crime laboratories assessment plus costs not to exceed the
6amount of the deposit. The notice shall also state that the court, instead of accepting
7the deposit and plea, may decide to summon the defendant or may issue an arrest
8warrant for the defendant upon failure to respond to a summons.
AB100, s. 5155
9Section
5155. 778.26 (2) (h) of the statutes is amended to read:
AB100,1915,1810
778.26
(2) (h) Notice that if the defendant makes a deposit and signs the
11stipulation, the stipulation will be treated as a plea of no contest and submission to
12a forfeiture, penalty assessment
and, jail assessment
and crime laboratories
13assessment plus costs not to exceed the amount of the deposit. The notice shall also
14state that the court, instead of accepting the deposit and stipulation, may decide to
15summon the defendant or issue an arrest warrant for the defendant upon failure to
16respond to a summons, and that the defendant may, at any time prior to or at the time
17of the court appearance date, move the court for relief from the effect of the
18stipulation.
AB100, s. 5156
19Section
5156. 778.26 (3) of the statutes is amended to read:
AB100,1916,320
778.26
(3) A defendant issued a citation under this section may deposit the
21amount of money the issuing officer directs by mailing or delivering the deposit and
22a copy of the citation prior to the court appearance date to the clerk of the circuit court
23in the county where the violation occurred or to the sheriff's office or police
24headquarters of the officer who issued the citation. The basic amount of the deposit
25shall be determined under a deposit schedule established by the judicial conference.
1The judicial conference shall annually review and revise the schedule. In addition
2to the basic amount determined by the schedule the deposit shall include the penalty
3assessment, jail assessment
, crime laboratories assessment and costs.
AB100, s. 5157
4Section
5157. 778.26 (4) of the statutes is amended to read:
AB100,1916,95
778.26
(4) A defendant may make a stipulation of no contest by submitting a
6deposit and a stipulation in the manner provided by sub. (3) prior to the court
7appearance date. The signed stipulation is a plea of no contest and submission to a
8forfeiture plus the penalty assessment, jail assessment
, crime laboratories
9assessment and costs not to exceed the amount of the deposit.
AB100, s. 5158
10Section
5158. 778.26 (5) of the statutes is amended to read:
AB100,1916,2011
778.26
(5) Except as provided by sub. (6), a person receiving a deposit shall
12prepare a receipt in triplicate showing the purpose for which the deposit is made,
13stating that the defendant may inquire at the office of the clerk of the circuit court
14regarding the disposition of the deposit, and notifying the defendant that if he or she
15fails to appear in court at the time specified in the citation he or she shall be
16considered to have tendered a plea of no contest and submitted to a forfeiture,
17penalty assessment
and, jail assessment
and crime laboratories assessment plus
18costs not to exceed the amount of the deposit and that the court may accept the plea.
19The original of the receipt shall be delivered to the defendant in person or by mail.
20If the defendant pays by check, the canceled check is the receipt.
AB100, s. 5159
21Section
5159. 778.26 (6) of the statutes is amended to read:
AB100,1917,422
778.26
(6) The person receiving a deposit and stipulation of no contest shall
23prepare a receipt in triplicate showing the purpose for which the deposit is made,
24stating that the defendant may inquire at the office of the clerk of the circuit court
25regarding the disposition of the deposit, and notifying the defendant that if the
1stipulation of no contest is accepted by the court the defendant will be considered to
2have submitted to a forfeiture, penalty assessment
and
, jail assessment
and crime
3laboratories assessment plus costs not to exceed the amount of the deposit. Delivery
4of the receipt shall be made in the same manner as provided in sub. (5).
AB100, s. 5160
5Section
5160. 778.26 (7) (b) of the statutes is amended to read:
AB100,1917,196
778.26
(7) (b) If the defendant has made a deposit, the citation may serve as
7the initial pleading and the defendant shall be considered to have tendered a plea
8of no contest and submitted to a forfeiture, penalty assessment
and, jail assessment
9and crime laboratories assessment plus costs not to exceed the amount of the deposit.
10The court may either accept the plea of no contest and enter judgment accordingly,
11or reject the plea and issue a summons. If the defendant fails to appear in response
12to the summons, the court shall issue an arrest warrant. If the court accepts the plea
13of no contest, the defendant may, within 90 days after the date set for appearance,
14move to withdraw the plea of no contest, open the judgment and enter a plea of not
15guilty if the defendant shows to the satisfaction of the court that failure to appear
16was due to mistake, inadvertence, surprise or excusable neglect. If a defendant is
17relieved from the plea of no contest, the court may order a written complaint or
18petition to be filed. If on reopening the defendant is found not guilty, the court shall
19delete the record of conviction and shall order the defendant's deposit returned.
AB100, s. 5161
20Section
5161. 778.26 (7) (c) of the statutes is amended to read:
AB100,1918,621
778.26
(7) (c) If the defendant has made a deposit and stipulation of no contest,
22the citation serves as the initial pleading and the defendant shall be considered to
23have tendered a plea of no contest and submitted to a forfeiture, penalty assessment
24and, jail assessment
and crime laboratories assessment plus costs not to exceed the
25amount of the deposit. The court may either accept the plea of no contest and enter
1judgment accordingly, or reject the plea and issue a summons or an arrest warrant.
2After signing a stipulation of no contest, the defendant may, at any time prior to or
3at the time of the court appearance date, move the court for relief from the effect of
4the stipulation. The court may act on the motion, with or without notice, for cause
5shown by affidavit and upon just terms, and relieve the defendant from the
6stipulation and the effects of the stipulation.
AB100, s. 5162
7Section
5162. 778.26 (9) of the statutes is amended to read:
AB100,1918,148
778.26
(9) An officer who collects a forfeiture, penalty assessment, jail
9assessment
and crime laboratories assessment and costs under this section shall pay
10the money to the county treasurer within 20 days after its receipt. If the officer fails
11to make timely payment, the county treasurer may collect the payment from the
12officer by an action in the treasurer's name of office and upon the official bond of the
13officer, with interest at the rate of 12% per year from the time when it should have
14been paid.
AB100, s. 5163
15Section
5163. 779.01 (4) of the statutes is amended to read:
AB100,1919,716
779.01
(4) Priority of construction lien. The lien provided in sub. (3) shall
17be prior to any lien which originates subsequent to the visible commencement in
18place of the work of improvement, except as otherwise provided by ss. 215.21 (4) (a),
19292.31 (8) (i)
, 144.77 292.41 (6) (d), 292.81 and 706.11 (1). When new construction
20is the principal improvement involved, commencement is deemed to occur no earlier
21than the beginning of substantial excavation for the foundations, footings or base of
22the new construction, except where the new construction is to be added to a
23substantial existing structure, in which case the commencement is the time of the
24beginning of substantial excavation or the time of the beginning of substantial
25preparation of the existing structure to receive the added new construction,
1whichever is earlier. The lien also shall be prior to any unrecorded mortgage given
2prior to the commencement of the work of improvement, if the lien claimant has no
3actual notice of the mortgage before the commencement. Lien claimants who
4perform work or procure its performance or furnish any labor or materials or plans
5or specifications for an improvement prior to the visible commencement of the work
6of improvement shall have lien rights, but shall have only the priority accorded to
7other lien claimants.
AB100, s. 5164
8Section
5164. 779.35 of the statutes is amended to read:
AB100,1919,23
9779.35 Mining liens. Any person who shall perform any labor or services for
10any person or corporation engaged in or organized for the purpose of mining,
11smelting or manufacturing iron, copper, silver or other ores or minerals, and any
12bona fide holder of any draft, time check or order for the payment of money due for
13any such labor, issued or drawn by any such person or corporation, shall have a lien
14for the wages due for the amount due on such draft, check or order upon all the
15personal property connected with such mining, smelting or manufacturing industry
16belonging to such person or corporation, including the ores or products of such mine
17or manufactory, together with the machinery and other personal property used in the
18operation of such mine or manufactory and all the interest of such person or
19corporation in any real estate belonging thereto and connected with such business,
20which said lien shall take precedence of all other debts, judgments, decrees, liens or
21mortgages against such person or corporation, except liens accruing for taxes, fines
22or penalties and liens under ss. 292.31 (8) (i)
, 292.41 (6) (d) and 292.81, subject to the
23exceptions and limitations hereinafter set forth.
AB100, s. 5165
24Section
5165. 779.40 (1) of the statutes is amended to read:
AB100,1920,13
1779.40
(1) Any person who shall perform any labor for an employer not the
2owner of the real estate, engaged in quarrying, crushing, cutting or otherwise
3preparing stone for use or for manufacturing lime and any bona fide holder of any
4draft, time check or order for the payment of money due for any such labor issued by
5such employer, shall have a lien for wages owed and for the amount due on such draft,
6check or order upon the personal property connected with such industry owned by
7such employer, including interest in the product of such quarry or factory and
8machinery and other personal property used in the operation of such quarry or
9factory, and all interest in any lease of the real estate connected with such business,
10which lien shall take precedence of all other debts, judgments, decrees, liens or
11mortgages against such employer, except taxes, fines or penalties and mortgages or
12judgments recorded or entered before such labor is performed and except liens under
13ss. 292.31 (8) (i)
, 144.77 292.41 (6) (d) and 292.81.
AB100, s. 5166
14Section
5166. 800.02 (2) (a) 8. of the statutes is amended to read:
AB100,1920,2115
800.02
(2) (a) 8. Notice that if the defendant makes a deposit and fails to appear
16in court at the time fixed in the citation, the defendant is deemed to have tendered
17a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment
18and crime laboratories assessment and any applicable domestic abuse assessment
19plus costs, including the fee prescribed in s. 814.65 (1), not to exceed the amount of
20the deposit. The notice shall also state that the court may decide to summon the
21defendant rather than accept the deposit and plea.
AB100, s. 5167
22Section
5167. 800.02 (3) (a) 5. of the statutes is amended to read:
AB100,1921,423
800.02
(3) (a) 5. A plain and concise statement of the violation identifying the
24event or occurrence from which the violation arose and showing that the plaintiff is
25entitled to relief, the ordinance, resolution or bylaw upon which the cause of action
1is based and a demand for a forfeiture, the amount of which shall not exceed the
2maximum set by the statute involved, the penalty assessment, the jail assessment,
3the crime laboratories assessment, any applicable domestic abuse assessment and
4such other relief that is sought by the plaintiff.
AB100, s. 5168
5Section
5168. 800.03 (3) of the statutes is amended to read:
AB100,1921,136
800.03
(3) The amount of the deposit shall be set by the municipal judge, but
7shall not be effective until approved by the governing body of the municipality. The
8amount shall not exceed the maximum penalty for the offense, including any penalty
9assessment that would be applicable under s. 165.87, any jail assessment that would
10be applicable under s. 302.46 (1)
, any crime laboratories assessment that would be
11applicable under s. 165.755 and any domestic abuse assessment that would be
12applicable under s. 973.055 (1), plus court costs, including the fee prescribed in s.
13814.65 (1).
AB100, s. 5169
14Section
5169. 800.04 (2) (b) of the statutes is amended to read:
AB100,1922,615
800.04
(2) (b) If the municipal judge determines that the defendant should not
16be released under par. (a) and the defendant is charged with a traffic or boating
17violation, the municipal judge shall release the defendant on a deposit in the amount
18established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66.
19For other violations, the municipal judge shall establish a deposit in an amount not
20to exceed the maximum penalty for the offense, including any penalty assessment
21that would be applicable under s. 165.87, any jail assessment that would be
22applicable under s. 302.46 (1)
, any crime laboratories assessment that would be
23applicable under s. 165.755 and any domestic abuse assessment that would be
24applicable under s. 973.055 (1). If the judge in a 1st class city determines that a
25defendant appearing before the judge through interactive video and audio
1transmission should not be released under par. (a), the judge shall inform the
2defendant that he or she has the right to appear personally before a judge for a
3determination, not prejudiced by the first appearance, as to whether he or she should
4be released without a deposit. On failure of the defendant to make a deposit under
5this paragraph, he or she may be committed to jail pending trial only if the judge finds
6that there is a reasonable basis to believe the person will not appear in court.
AB100, s. 5170
7Section
5170. 800.04 (2) (c) of the statutes is amended to read:
AB100,1922,208
800.04
(2) (c) If the defendant has made a deposit under par. (b) or s. 800.03
9and does not appear, he or she is deemed to have tendered a plea of no contest and
10submits to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment
11imposed by s. 302.46 (1)
, a crime laboratories assessment imposed by s. 165.755 and
12any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs,
13including the fee prescribed in s. 814.65 (1), not exceeding the amount of the deposit.
14The court may either accept the plea of no contest and enter judgment accordingly,
15or reject the plea and issue a summons. If the court finds that the violation meets
16the conditions in s. 800.093 (1), the court may summon the alleged violator into court
17to determine if restitution shall be ordered under s. 800.093. If the defendant fails
18to appear in response to the summons, the court shall issue a warrant under s.
19968.09. If the defendant has made a deposit but does appear, the court shall allow
20the defendant to withdraw the plea of no contest.
AB100, s. 5171
21Section
5171. 800.09 (1) (intro.) of the statutes is amended to read:
AB100,1923,622
800.09
(1) Judgment. (intro.) If a municipal court finds a defendant guilty it
23may render judgment by ordering restitution under s. 800.093 and payment of a
24forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed
25by s. 302.46 (1)
, the crime laboratories assessment imposed by s. 165.755 and any
1applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs of
2prosecution, including the fee prescribed in s. 814.65 (1). The court shall apply any
3payment received on a judgment that includes restitution to first satisfy any
4payment of restitution ordered, then to pay the forfeiture, assessments and costs.
5If the judgment is not paid, the court may proceed under par. (a), (b) or (c) or any
6combination of those paragraphs, as follows:
AB100, s. 5172
7Section
5172. 800.09 (1) (a) of the statutes is amended to read:
AB100,1923,188
800.09
(1) (a) The court may defer payment of any judgment or provide for
9instalment payments. At the time the judgment is rendered, the court shall inform
10the defendant, orally and in writing, of the date by which restitution and the
11payment of the forfeiture, the penalty assessment, the jail assessment
, the crime
12laboratories assessment and any applicable domestic abuse assessment plus costs
13must be made, and of the possible consequences of failure to do so in timely fashion,
14including imprisonment, as provided in s. 800.095, or suspension of the defendant's
15motor vehicle operating privilege, as provided in par. (c), if applicable. If the
16defendant is not present, the court shall ensure that the information is sent to the
17defendant by mail. In 1st class cities, all of the written information required by this
18paragraph shall be printed in English and Spanish and provided to each defendant.
AB100, s. 5173
19Section
5173. 800.09 (2) (b) of the statutes is amended to read:
AB100,1924,820
800.09
(2) (b) If the person charged fails to appear personally or by an attorney
21at the time fixed for hearing of the case, the defendant may be deemed to have
22entered a plea of no contest and the money deposited, if any, or such portion thereof
23as the court determines to be an adequate penalty, plus the penalty assessment, the
24jail assessment
, the crime laboratories assessment and any applicable domestic
25abuse assessment plus costs, including the fee prescribed in s. 814.65 (1), may be
1declared forfeited by the court or may be ordered applied upon the payment of any
2penalty which may be imposed, together with the penalty assessment, the jail
3assessment
, the crime laboratories assessment and any applicable domestic abuse
4assessment plus costs. If the court finds that the violation meets the conditions in
5s. 800.093 (1), the court may summon the alleged violator into court to determine if
6restitution shall be ordered under s. 800.093. Any money remaining after payment
7of any penalties, assessments, costs and restitution shall be refunded to the person
8who made the deposit.
AB100, s. 5174
9Section
5174. 800.12 (2) of the statutes is amended to read:
AB100,1924,1510
800.12
(2) A municipality may by ordinance provide that a municipal judge
11may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50
12or, upon nonpayment of the forfeiture, penalty assessment under s. 165.87
and, jail
13assessment under s. 302.46
and crime laboratories assessment under s. 165.755 and
14any applicable domestic abuse assessment under s. 973.055 (1), a jail sentence not
15to exceed 7 days.
AB100, s. 5175
16Section
5175. 801.50 (5) of the statutes is amended to read:
AB100,1924,2017
801.50
(5) Venue of an action to review a probation
, community supervision or
18parole revocation or a refusal of parole by certiorari shall be the county in which the
19relator was last convicted of an offense for which the relator was on probation
,
20community supervision or parole or for which the relator is currently incarcerated.
AB100, s. 5176
21Section
5176. 802.12 (3) (d) 1. of the statutes is amended to read:
AB100,1924,2322
802.12
(3) (d) 1. Custody and physical placement under s. 767.24
, 767.458 (3),
23767.51 (3) or 767.62 (4) (a).
AB100, s. 5177
24Section
5177. 802.12 (3) (d) 3. of the statutes is amended to read:
AB100,1925,2
1802.12
(3) (d) 3. Child support under s. 767.25
or s., 767.458 (3), 767.51
or
2767.62 (4) (a).
AB100, s. 5178
3Section
5178. 803.03 (2) (b) of the statutes is amended to read:
AB100,1925,214
803.03
(2) (b)
Options after joinder. Any party joined pursuant to par. (a) may
51. participate in the prosecution of the action, 2. agree to have his or her interest
6represented by the party who caused the joinder, or 3. move for dismissal with or
7without prejudice. If the party joined chooses to participate in the prosecution of the
8action, the party joined shall have an equal voice with other claimants in such
9prosecution.
If Except as provided in par. (bm), if the party joined chooses to have
10his or her interest represented by the party who caused the joinder, the party joined
11shall sign a written waiver of the right to participate which shall express consent to
12be bound by the judgment in the action. Such waiver shall become binding when filed
13with the court, but a party may withdraw the waiver upon timely motion to the judge
14to whom the case has been assigned with notice to the other parties. A party who
15represents the interest of another party and who obtains a judgment favorable to
16such other party may be awarded reasonable attorneys fees by the court. If the party
17joined moves for dismissal without prejudice as to his or her claim, the party shall
18demonstrate to the court that it would be unjust to require the party to prosecute the
19claim with the principal claim. In determining whether to grant the motion to
20dismiss, the court shall weigh the possible prejudice to the movant against the state's
21interest in economy of judicial effort.
AB100, s. 5179
22Section
5179. 803.03 (2) (bm) of the statutes is created to read:
AB100,1926,1023
803.03
(2) (bm)
Joinders because of implication of medical assistance. If the
24department of health and family services is joined as a plaintiff pursuant to par. (a)
25and s. 49.89 (2) because of the provision of benefits under subch. IV of ch. 49, the
1department of health and family services need not sign a waiver of the right to
2participate in order to have its interests represented by the party that caused the
3joinder. If the department of health and family services makes no selection under
4par. (b), the party causing the joinder shall represent the interests of the department
5of health and family services and the department of health and family services shall
6be bound by the judgment in the action. Regardless of whether the department of
7health and family services joins in prosecuting the claim, the portion of the proceeds
8of the claim that represents benefits paid under subch. IV of ch. 49 as a result of the
9occurrence of injury, sickness or death for which the claim arose shall be paid to the
10department of health and family services pursuant to s. 49.89 (5).
AB100, s. 5180
11Section
5180. 808.075 (4) (d) 9. of the statutes is amended to read:
AB100,1926,1312
808.075
(4) (d) 9. Enforcement of payments under s. 767.30
or, 767.51
or 767.62
13(4).
AB100, s. 5181
14Section
5181. 808.075 (4) (d) 10. of the statutes is amended to read:
AB100,1926,1615
808.075
(4) (d) 10. Enforcement of orders under s. 767.305
or, 767.51
or 767.62
16(4).
AB100, s. 5182
17Section
5182. 808.075 (4) (d) 11. of the statutes is amended to read:
AB100,1926,1918
808.075
(4) (d) 11. Enforcement or modification of assignments under s. 767.25
19(4m), 767.265
or, 767.51 (3m)
or 767.62 (4) (b) 3.
AB100, s. 5183
20Section
5183. 813.16 (7) of the statutes is amended to read:
AB100,1927,221
813.16
(7) If the person seeking the appointment of a receiver under sub. (1)
22is a corporation supervised by the division of savings
and loan institutions, home
23loan bank board, U.S. office of thrift supervision, federal deposit insurance
24corporation or resolution trust corporation, the court, unless the opposing party
1objects, shall appoint an officer of such corporation as receiver to act without
2compensation and to give such bond as the court requires.