Amendment ASA1-AB620

AB620-ASA1, s. 20 Section 20. 895.80 (1) of the statutes is amended to read:

AB620-ASA1,8,13 895.80 (1) Any person who suffers damage or loss by reason of intentional conduct that occurs on or after November 1, 1995, and that is prohibited under s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61, or by reason of intentional conduct that occurs on or after April 28, 1998, and that is prohibited under s. 943.201, or by reason of intentional conduct that occurs on or after the effective date of this subsection .... [revisor inserts date], and that is prohibited under s. 943.011, 943.012 or 943.017, has a cause of action against the person who caused the damage or loss.

AB620-ASA1, s. 21 Section 21. 895.80 (2) of the statutes is amended to read:

AB620-ASA1,8,21 895.80 (2) The burden of proof in a civil action under sub. (1) is with the person who suffers damage or loss to prove his or her case a violation of s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61 by a preponderance of the credible evidence. A conviction under s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61 is not required to bring an action, obtain a judgment or collect on that judgment under this section.

AB620-ASA1, s. 22 Section 22. 895.80 (3) (a) of the statutes is repealed and recreated to read:

AB620-ASA1,9,2 895.80 (3) (a) Actual damages, including the retail or replacement value of damaged, used or lost property, whichever is greater, for a violation of s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61.

AB620-ASA1, s. 23 Section 23. 895.80 (3) (b) of the statutes is amended to read:

AB620-ASA1,9,5 895.80 (3) (b) All costs of investigation and litigation that were reasonably incurred, including the value of the time spent by any employe or agent of the victim.

AB620-ASA1, s. 24 Section 24. 895.80 (3) (c) of the statutes is created to read:

AB620-ASA1,9,9 895.80 (3) (c) Exemplary damages of not more than 3 times the amount awarded under par. (a). No additional proof is required under this section for an award of exemplary damages under this paragraph.

AB620-ASA1, s. 25 Section 25. 895.80 (4) of the statutes is repealed and recreated to read:

AB620-ASA1,9,12 895.80 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938.

AB620-ASA1, s. 26 Section 26. 895.80 (6) of the statutes is created to read:

AB620-ASA1,9,15 895.80 (6) A person is not criminally liable under s. 943.30 for any action brought in good faith under this section.

AB620-ASA1, s. 27 Section 27. 943.24 (3) (b) of the statutes is amended to read:

AB620-ASA1,9,21 943.24 (3) (b) Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address or the address provided on the check or other order; or

AB620-ASA1, s. 28 Section 28. 943.24 (3) (c) of the statutes is amended to read:

AB620-ASA1,9,25 943.24 (3) (c) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address or the address provided on the check or other order.

AB620-ASA1, s. 29 Section 29. 943.245 (3) of the statutes is amended to read:

AB620-ASA1,10,6 943.245 (3) Notwithstanding sub. (2) (c) and (d), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $500 for each violation.

AB620-ASA1, s. 30 Section 30. 943.245 (4) of the statutes is amended to read:

AB620-ASA1,10,16 943.245 (4) At least 20 days prior to commencing an action, as specified in s. 801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or her intent to bring the action. Notice of nonpayment or dishonor shall be sent by the payee or holder of the check or order to the drawer by regular mail supported by an affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post office from which the mailing was made. The plaintiff shall mail the notice to the defendant's last-known address or to the address provided on the check or order. If the defendant pays the check or order prior to the commencement of the action, he or she is not liable under this section.

AB620-ASA1, s. 31 Section 31. 943.51 (3) of the statutes is amended to read:

AB620-ASA1,10,20 943.51 (3) Notwithstanding sub. (2) and except as provided in sub. (3m), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $500 for each violation.

AB620-ASA1, s. 32 Section 32. 943.51 (3m) of the statutes is amended to read:

AB620-ASA1,10,25 943.51 (3m) Notwithstanding sub. (2), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $300 for each violation if the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor.

AB620-ASA1, s. 33 Section 33. Initial applicability.

AB620-ASA1,11,3 (1) Except as provided in subsection (2), this act first applies to actions commenced on the effective date of this subsection.

AB620-ASA1,11,6 (2) The treatment of sections 895.035 (2), 895.80 (1), (2), (3) (a), (b) and (c), (4) and (6), 943.24 (3) (b) and (c), 943.245 (3) and (4) and 943.51 (3) and (3m) of the statutes first applies to violations committed on the effective date of this subsection.

AB620-ASA1, s. 34 Section 34. Effective date.

AB620-ASA1,11,9 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB620-ASA1,11,10 (End)