AB147,18,8 2778.03 Complaint to recover forfeited goods. In an action to recover
3property forfeited by any statute it shall be sufficient to allege in the complaint that
4the property has been forfeited, specifying the statute, with a demand of judgment
5for the delivery of the property, or the value thereof and for payment of the penalty
6assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any
7applicable emergency medical services surcharge imposed by s. 345.15 (2)
and any
8applicable domestic abuse assessment imposed by s. 973.055 (1).
AB147, s. 32 9Section 32. 778.06 of the statutes is amended to read:
AB147,18,16 10778.06 Action for what sum. When a forfeiture is imposed, not exceeding a
11specific sum or when it is not less than one sum or more than another, the action may
12be brought for the highest sum specified and for the penalty assessment imposed by
13s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency
14medical services surcharge imposed by s. 345.15 (2)
and any applicable domestic
15abuse assessment imposed by s. 973.055 (1); and judgment may be rendered for such
16sum as the court or jury shall assess or determine to be proportionate to the offense.
AB147, s. 33 17Section 33. 778.10 of the statutes is amended to read:
AB147,19,10 18778.10 Municipal forfeitures, how recovered. All forfeitures imposed by
19any ordinance or regulation of any county, town, city or village, or of any other
20domestic corporation may be sued for and recovered, under this chapter, in the name
21of the county, town, city, village or corporation. It is sufficient to allege in the
22complaint that the defendant is indebted to the plaintiff in the amount of the
23forfeiture claimed, specifying the ordinance or regulation that imposes it and of the
24penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
25(1), any applicable emergency medical services surcharge imposed by s. 345.15 (2)

1and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the
2ordinance or regulation imposes a penalty or forfeiture for several offenses or
3delinquencies the complaint shall specify the particular offenses or delinquency for
4which the action is brought, with a demand for judgment for the amount of the
5forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed
6by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s.
7345.15 (2)
and any applicable domestic abuse assessment imposed by s. 973.055 (1).
8All moneys collected on the judgment shall be paid to the treasurer of the county,
9town, city, village or corporation, except that all jail assessments shall be paid to the
10county treasurer.
AB147, s. 34 11Section 34. 778.105 of the statutes is amended to read:
AB147,19,18 12778.105 Disposition of forfeitures. Revenues from forfeitures imposed by
13any court or any branch thereof for the violation of any municipal or county
14ordinance shall be paid to the municipality or county. Penalty assessment payments
15shall be made as provided in s. 165.87. Jail assessment payments shall be made as
16provided in s. 302.46 (1). Domestic abuse assessments shall be made as provided in
17s. 973.055. Emergency medical services surcharges shall be made as provided in s.
18345.15.
AB147, s. 35 19Section 35. 778.13 of the statutes is amended to read:
AB147,20,5 20778.13 Forfeitures collected, to whom paid. All moneys collected in favor
21of the state for forfeiture, except the portion to be paid to any person who sues with
22the state, shall be paid by the officer who collects the forfeiture to the treasurer of the
23county within which the forfeiture was incurred within 20 days after its receipt. In
24case of any failure in the payment the county treasurer may collect the payment of
25the officer by action, in the name of the office and upon the official bond of the officer,

1with interest at the rate of 12% per year from the time when it should have been paid.
2Penalty assessment payments shall be made as provided in s. 165.87. Jail
3assessment payments shall be made as provided in s. 302.46 (1). Domestic abuse
4assessments shall be made as provided in s. 973.055. Emergency medical services
5surcharge shall be made as provided in s. 345.15.
AB147, s. 36 6Section 36. 778.18 of the statutes is amended to read:
AB147,20,21 7778.18 Penalty upon municipal judge. If any municipal judge, of his or her
8own will, dismisses any action brought before the judge under this chapter, unless
9by order of the district attorney or attorney general or the person joined as plaintiff
10with the state, or renders a less judgment therein than is prescribed by law, or
11releases or discharges any such judgment or part thereof without payment or
12collection, the judge and the judge's sureties shall be liable, in an action upon the
13judge's bond, for the full amount of the forfeitures imposed by law or of the forfeiture
14imposed by the judge and for the penalty assessment imposed by s. 165.87, the jail
15assessment imposed by s. 302.46 (1), any applicable emergency medical services
16surcharge imposed by s. 345.15 (2)
and any applicable domestic abuse assessment
17imposed by s. 973.055 (1), or for an amount equal to the amount in which any such
18judgment or any part thereof is released or discharged. If any municipal judge gives
19time or delay to any person against whom any such judgment is rendered by the
20judge, or takes any bond or security for its future payment, the judge and the judge's
21sureties shall also be liable for the payment of the judgment upon the judge's bond.
AB147, s. 37 22Section 37. 800.02 (2) (a) 8. of the statutes is amended to read:
AB147,21,423 800.02 (2) (a) 8. Notice that if the defendant makes a deposit and fails to appear
24in court at the time fixed in the citation, the defendant is deemed to have tendered
25a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment

1and any applicable emergency medical services surcharge or domestic abuse
2assessment plus costs, including the fee prescribed in s. 814.65 (1), not to exceed the
3amount of the deposit. The notice shall also state that the court may decide to
4summon the defendant rather than accept the deposit and plea.
AB147, s. 38 5Section 38. 800.02 (3) (a) 5. of the statutes is amended to read:
AB147,21,126 800.02 (3) (a) 5. A plain and concise statement of the violation identifying the
7event or occurrence from which the violation arose and showing that the plaintiff is
8entitled to relief, the ordinance, resolution or bylaw upon which the cause of action
9is based and a demand for a forfeiture, the amount of which shall not exceed the
10maximum set by the statute involved, the penalty assessment, the jail assessment,
11any applicable emergency medical services surcharge or domestic abuse assessment
12and such other relief that is sought by the plaintiff.
AB147, s. 39 13Section 39. 800.03 (3) of the statutes is amended to read:
AB147,21,2114 800.03 (3) The amount of the deposit shall be set by the municipal judge, but
15shall not be effective until approved by the governing body of the municipality. The
16amount shall not exceed the maximum penalty for the offense, including any penalty
17assessment that would be applicable under s. 165.87, any jail assessment that would
18be applicable under s. 302.46 (1), any emergency medical services surcharge that
19would be applicable under s. 345.15 (2)
and any domestic abuse assessment that
20would be applicable under s. 973.055 (1), plus court costs, including the fee
21prescribed in s. 814.65 (1).
AB147, s. 40 22Section 40. 800.04 (2) (c) of the statutes is amended to read:
AB147,22,1023 800.04 (2) (c) If the defendant has made a deposit under par. (b) or s. 800.03
24and does not appear, he or she is deemed to have tendered a plea of no contest and
25submits to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment

1imposed by s. 302.46 (1), any applicable emergency medical services surcharge
2imposed by s. 345.15 (2)
and any applicable domestic abuse assessment imposed by
3s. 973.055 (1) plus costs, including the fee prescribed in s. 814.65 (1), not exceeding
4the amount of the deposit. The court may either accept the plea of no contest and
5enter judgment accordingly, or reject the plea and issue a summons. If the court finds
6that the violation meets the conditions in s. 800.093 (1), the court may summon the
7alleged violator into court to determine if restitution shall be ordered under s.
8800.093. If the defendant fails to appear in response to the summons, the court shall
9issue a warrant under s. 968.09. If the defendant has made a deposit but does appear,
10the court shall allow the defendant to withdraw the plea of no contest.
AB147, s. 41 11Section 41. 800.09 (1) of the statutes is amended to read:
AB147,22,2212 800.09 (1) Judgment. If a municipal court finds a defendant guilty it may
13render judgment by ordering restitution under s. 800.093 and payment of a
14forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed
15by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s.
16345.15 (2)
and any applicable domestic abuse assessment imposed by s. 973.055 (1)
17plus costs of prosecution, including the fee prescribed in s. 814.65 (1). The court shall
18apply any payment received on a judgment that includes restitution to first satisfy
19any payment of restitution ordered, then to pay the forfeiture, assessments and, if
20applicable, emergency medical services surcharge,
and costs. If the judgment is not
21paid, the court may proceed under par. (a), (b) or (c) or any combination of those
22paragraphs, as follows:
AB147,23,823 (a) The court may defer payment of any judgment or provide for instalment
24payments. At the time the judgment is rendered, the court shall inform the
25defendant, orally and in writing, of the date by which restitution and the payment

1of the forfeiture, the penalty assessment, the jail assessment and any applicable
2emergency medical services surcharge or domestic abuse assessment plus costs must
3be made, and of the possible consequences of failure to do so in timely fashion,
4including imprisonment, as provided in s. 800.095, or suspension of the defendant's
5motor vehicle operating privilege, as provided in par. (c), if applicable. If the
6defendant is not present, the court shall ensure that the information is sent to the
7defendant by mail. In 1st class cities, all of the written information required by this
8paragraph shall be printed in English and Spanish and provided to each defendant.
AB147,23,229 (b) If the defendant agrees to perform community service work in lieu of making
10restitution or paying the forfeiture, assessments, surcharge and costs, or both, the
11court may order that the defendant perform community service work for a public
12agency or a nonprofit charitable organization that is designated by the court.
13Community service work may be in lieu of restitution only if also agreed to by the
14public agency or nonprofit charitable organization and by the person to whom
15restitution is owed. The court may utilize any available resources, including any
16community service work program, in ordering the defendant to perform community
17service work. The number of hours of community service work required may not
18exceed the number determined by dividing the amount owed on the forfeiture by the
19minimum wage established under ch. 104 for adults in nonagriculture, nontipped
20employment. The court shall ensure that the defendant is provided a written
21statement of the terms of the community service order and that the community
22service order is monitored.
AB147,24,623 (c) The court may suspend the defendant's operating privilege, as defined in s.
24340.01 (40), until restitution is made and the forfeiture, assessments , surcharge and
25costs are paid, if the defendant has not done so within 60 days after the date the

1restitution or payments or both are to be made under par. (a) and has not notified the
2court that he or she is unable to comply with the judgment, as provided under s.
3800.095 (4) (a), except that the suspension period may not exceed 5 years. The court
4shall take possession of the suspended license and shall forward the license, along
5with a notice of the suspension clearly stating that the suspension is for failure to
6comply with a judgment of the court, to the department of transportation.
AB147, s. 42 7Section 42. 800.09 (2) (b) of the statutes is amended to read:
AB147,24,218 800.09 (2) (b) If the person charged fails to appear personally or by an attorney
9at the time fixed for hearing of the case, the defendant may be deemed to have
10entered a plea of no contest and the money deposited, if any, or such portion thereof
11as the court determines to be an adequate penalty, plus the penalty assessment, the
12jail assessment and any applicable emergency medical services surcharge or
13domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1),
14may be declared forfeited by the court or may be ordered applied upon the payment
15of any penalty which may be imposed, together with the penalty assessment, the jail
16assessment and any applicable emergency medical services surcharge or domestic
17abuse assessment plus costs. If the court finds that the violation meets the
18conditions in s. 800.093 (1), the court may summon the alleged violator into court to
19determine if restitution shall be ordered under s. 800.093. Any money remaining
20after payment of any penalties, assessments, surcharge, costs and restitution shall
21be refunded to the person who made the deposit.
AB147, s. 43 22Section 43. 800.095 (4) (b) 1. of the statutes is amended to read:
AB147,25,223 800.095 (4) (b) 1. That the defendant be imprisoned until the forfeiture,
24assessments, surcharge surcharges and costs are paid, except that the defendant
25reduces the amount owed at a rate of at least $25 for each day of imprisonment,

1including imprisonment following an arrest but prior to the findings under this
2subsection, and the maximum period of imprisonment is 90 days.
AB147, s. 44 3Section 44. 800.10 (2) of the statutes is amended to read:
AB147,25,154 800.10 (2) All forfeitures, fees, penalty assessments, domestic abuse
5assessments, emergency medical services surcharges and costs paid to a municipal
6court under a judgment before a municipal judge shall be paid to the municipal
7treasurer within 7 days after receipt of the money by a municipal judge or other court
8personnel. At the time of the payment, the municipal judge shall report to the
9municipal treasurer the title of the action, the offense for which a forfeiture was
10imposed and the total amount of the forfeiture, fees, penalty assessments, domestic
11abuse assessments, emergency medical services surcharges and costs, if any. The
12treasurer shall disburse the fees as provided in s. 814.65 (1). All jail assessments
13paid to a municipal court under a judgment before a municipal judge shall be paid
14to the county treasurer within 7 days after receipt of the money by a municipal judge
15or other court personnel.
AB147, s. 45 16Section 45. 800.12 (2) of the statutes is amended to read:
AB147,25,2217 800.12 (2) A municipality may by ordinance provide that a municipal judge
18may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50
19or, upon nonpayment of the forfeiture, penalty assessment under s. 165.87 and jail
20assessment under s. 302.46, any applicable emergency medical services surcharge
21under s. 345.15 (2)
and any applicable domestic abuse assessment under s. 973.055
22(1), a jail sentence not to exceed 7 days.
AB147, s. 46 23Section 46. 814.60 (2) (cg) of the statutes is created to read:
AB147,25,2424 814.60 (2) (cg) Emergency medical services surcharge imposed by s. 345.15 (2);
AB147, s. 47 25Section 47. 814.63 (3) (bg) of the statutes is created to read:
AB147,26,1
1814.63 (3) (bg) Emergency medical services surcharge imposed by s. 345.15 (2).
AB147, s. 48 2Section 48. 938.237 (2) of the statutes is amended to read:
AB147,26,113 938.237 (2) The procedures for issuance and filing of a citation, and for
4forfeitures, stipulations and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), 66.119,
5778.25, 778.26 and 800.01 to 800.04 except s. 800.04 (2) (b), when the citation is
6issued by a law enforcement officer, shall be used as appropriate, except that this
7chapter shall govern taking and holding a juvenile in custody, s. 938.37 shall govern
8costs, penalty assessments and, jail assessments and emergency medical services
9surcharges
, and a capias shall be substituted for an arrest warrant. Sections 66.119
10(3) (c) and (d), 66.12 (1) and 778.10 as they relate to collection of forfeitures do not
11apply.
AB147, s. 49 12Section 49. 938.37 (1) of the statutes is amended to read:
AB147,26,1513 938.37 (1) A court assigned to exercise jurisdiction under this chapter and ch.
1448 may not assess costs or, assessments or surcharges against a juvenile under 14
15years of age but may assess costs against a juvenile 14 years of age or older.
AB147, s. 50 16Section 50. 938.37 (3) of the statutes is amended to read:
AB147,26,2117 938.37 (3) Notwithstanding sub. (1), courts of civil and criminal jurisdiction
18exercising jurisdiction under s. 938.17 may assess the same costs, penalty
19assessments and, jail assessments and emergency medical services surcharges
20against juveniles as they may assess against adults, except that witness fees may not
21be charged to the juvenile.
AB147, s. 51 22Section 51. 973.05 (1) of the statutes is amended to read:
AB147,27,2123 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant
24permission for the payment of the fine, of the penalty assessment imposed by s.
25165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness

1assistance surcharge under s. 973.045, any applicable deoxyribonucleic acid analysis
2surcharge under s. 973.046, any applicable drug abuse program improvement
3surcharge imposed by s. 961.41 (5), any applicable domestic abuse assessment
4imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable emergency medical
5services surcharge imposed by s. 345.15 (2),
any applicable driver improvement
6surcharge imposed by s. 346.655, any applicable weapons assessment imposed by s.
7167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any
8applicable environmental assessment imposed by s. 299.93, any applicable wild
9animal protection assessment imposed by s. 29.9965, any applicable natural
10resources assessment imposed by s. 29.997 and any applicable natural resources
11restitution payment imposed by s. 29.998 to be made within a period not to exceed
12120 days. If no such permission is embodied in the sentence, the fine, the penalty
13assessment, the jail assessment, the crime victim and witness assistance surcharge,
14any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse
15program improvement surcharge, any applicable domestic abuse assessment, any
16applicable emergency medical services surcharge,
any applicable driver
17improvement surcharge, any applicable weapons assessment, any applicable
18uninsured employer assessment, any applicable environmental assessment, any
19applicable wild animal protection assessment, any applicable natural resources
20assessment and any applicable natural resources restitution payment shall be
21payable immediately.
AB147, s. 52 22Section 52. 973.05 (2) of the statutes is amended to read:
AB147,29,223 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on
24probation, the court may make the payment of the fine, the penalty assessment, the
25jail assessment, the crime victim and witness assistance surcharge, any applicable

1deoxyribonucleic acid analysis surcharge, any applicable drug abuse program
2improvement surcharge, any applicable domestic abuse assessment, any applicable
3uninsured employer assessment, any applicable emergency medical services
4surcharge,
any applicable driver improvement surcharge, any applicable weapons
5assessment, any applicable environmental assessment, any applicable wild animal
6protection assessment, any applicable natural resources assessment and any
7applicable natural resources restitution payments a condition of probation. When
8the payments are made a condition of probation by the court, payments thereon shall
9be applied first to payment of the penalty assessment until paid in full, shall then
10be applied to the payment of the jail assessment until paid in full, shall then be
11applied to the payment of part A of the crime victim and witness assistance surcharge
12until paid in full, shall then be applied to part B of the crime victim and witness
13assistance surcharge until paid in full, shall then be applied to the deoxyribonucleic
14acid analysis surcharge until paid in full, shall then be applied to the drug abuse
15improvement surcharge until paid in full, shall then be applied to payment of the
16emergency medical services surcharge until paid in full,
shall then be applied to
17payment of the driver improvement surcharge until paid in full, shall then be applied
18to payment of the domestic abuse assessment until paid in full, shall then be applied
19to payment of the natural resources assessment if applicable until paid in full, shall
20then be applied to payment of the natural resources restitution payment until paid
21in full, shall then be applied to the payment of the environmental assessment if
22applicable until paid in full, shall then be applied to the payment of the wild animal
23protection assessment if applicable until paid in full, shall then be applied to
24payment of the weapons assessment until paid in full, shall then be applied to

1payment of the uninsured employer assessment until paid in full and shall then be
2applied to payment of the fine.
AB147, s. 53 3Section 53. 973.05 (3) (a) of the statutes is amended to read:
AB147,29,144 973.05 (3) (a) In lieu of part or all of a fine imposed by a court, the court may
5stay the execution of part or all of the sentence and provide that the defendant
6perform community service work under pars. (b) and (c). The amount of the fine
7actually paid, if any, shall be used to determine any applicable assessment or
8surcharge under sub. (1), except that any applicable driver improvement surcharge
9under s. 346.655, any applicable emergency medical services surcharge or any
10domestic abuse assessment imposed by s. 973.055 shall be imposed regardless of
11whether part or all of the sentence has been stayed. If the defendant fails to comply
12with the community service order, the court shall order the defendant brought before
13the court for imposition of sentence. If the defendant complies with the community
14service order, he or she has satisfied that portion of the sentence.
AB147, s. 54 15Section 54. 973.07 of the statutes is amended to read:
AB147,30,11 16973.07 Failure to pay fine or costs or to comply with certain
17community service work.
If the fine, costs, penalty assessment, jail assessment,
18crime victim and witness assistance surcharge, applicable deoxyribonucleic acid
19analysis surcharge, applicable drug abuse program improvement surcharge,
20applicable domestic abuse assessment, applicable emergency medical services
21surcharge,
applicable driver improvement surcharge, applicable weapons
22assessment, applicable uninsured employer assessment, applicable environmental
23assessment, applicable wild animal protection assessment, applicable natural
24resources assessment and applicable natural resources restitution payments are not
25paid or community service work under s. 943.017 (3) is not completed as required by

1the sentence, the defendant may be committed to the county jail until the fine, costs,
2penalty assessment, jail assessment, crime victim and witness assistance surcharge,
3applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program
4improvement surcharge, applicable domestic abuse assessment, applicable
5emergency medical services surcharge,
applicable driver improvement surcharge,
6applicable weapons assessment, applicable uninsured employer assessment,
7applicable environmental assessment, applicable wild animal protection
8assessment, applicable natural resources assessment or applicable natural
9resources restitution payments are paid or discharged, or the community service
10work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed
116 months.
AB147, s. 55 12Section 55. Initial applicability.
AB147,30,1413 (1) This act first applies to violations occurring on the effective date of this
14subsection.
AB147, s. 56 15Section 56. Effective date.
AB147,30,1716 (1) This act takes effect on the first day of the 7th month beginning after
17publication.
AB147,30,1818 (End)
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