Amendment SSA1-SB55

SB55-SSA1,1204,9 800.09 (1) Judgment. (intro.) If a municipal court finds a defendant guilty it may render judgment by ordering restitution under s. 800.093 and payment of a forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs of prosecution, including the fee prescribed in s. 814.65 (1). The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, assessments, and costs. If the judgment is not paid, the court may proceed under par. (a), (b), or (c) or any combination of those paragraphs, as follows:

SB55-SSA1, s. 3823 Section 3823. 800.09 (1) (a) of the statutes is amended to read:

SB55-SSA1,1204,23 800.09 (1) (a) The court may defer payment of any judgment or provide for instalment payments. At the time the judgment is rendered, the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment , and any applicable domestic abuse assessment plus costs must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s. 800.095, or suspension of the defendant's motor vehicle operating privilege, as provided in par. (c), if applicable. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. In 1st class cities, all of the written information required by this paragraph shall be printed in English and Spanish and provided to each defendant.

SB55-SSA1, s. 3824 Section 3824. 800.09 (2) (b) of the statutes is amended to read:

SB55-SSA1,1205,16 800.09 (2) (b) If the person charged fails to appear personally or by an attorney at the time fixed for hearing of the case, the defendant may be deemed to have entered a plea of no contest and the money deposited, if any, or such portion thereof as the court determines to be an adequate penalty, plus the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment, and any applicable domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1), may be declared forfeited by the court or may be ordered applied upon the payment of any penalty which may be imposed, together with the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment, and any applicable domestic abuse assessment plus costs. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. Any money remaining after payment of any penalties, assessments, costs, and restitution shall be refunded to the person who made the deposit.

SB55-SSA1, s. 3825 Section 3825. 800.10 (2) of the statutes is amended to read:

SB55-SSA1,1206,5 800.10 (2) All forfeitures, fees, penalty assessments, crime laboratories and drug law enforcement assessments, consumer information protection assessments, domestic abuse assessments, and costs paid to a municipal court under a judgment before a municipal judge shall be paid to the municipal treasurer within 7 days after receipt of the money by a municipal judge or other court personnel. At the time of the payment, the municipal judge shall report to the municipal treasurer the title of the action, the offense for which a forfeiture was imposed and the total amount of the forfeiture, fees, penalty assessments, crime laboratories and drug law enforcement assessments, consumer information protection assessments, domestic abuse assessments, and costs, if any. The treasurer shall disburse the fees as provided in s. 814.65 (1). All jail assessments paid to a municipal court under a judgment before a municipal judge shall be paid to the county treasurer within 7 days after receipt of the money by a municipal judge or other court personnel.

SB55-SSA1, s. 3826 Section 3826. 800.12 (2) of the statutes is amended to read:

SB55-SSA1,1206,13 800.12 (2) A municipality may by ordinance provide that a municipal judge may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50 or, upon nonpayment of the forfeiture, penalty assessment under s. 757.05, jail assessment under s. 302.46, crime laboratories and drug law enforcement assessment under s. 165.755, any applicable consumer information protection assessment under s. 100.261, and any applicable domestic abuse assessment under s. 973.055 (1), a jail sentence not to exceed 7 days.

SB55-SSA1, s. 3827 Section 3827. 801.02 (7) (a) 1. of the statutes is repealed.

SB55-SSA1, s. 3828 Section 3828. 801.02 (7) (a) 2. (intro.) of the statutes is amended to read:

SB55-SSA1,1206,21 801.02 (7) (a) 2. (intro.) "Prisoner" means any person who is incarcerated, imprisoned, or otherwise detained in a correctional institution or and who is in the custody of the department of corrections or of the sheriff, superintendent, or other keeper of a jail or house of corrections or any person who is arrested or otherwise detained by a law enforcement officer. "Prisoner" does not include any of the following:

SB55-SSA1, s. 3828p Section 3828p. 808.04 (2) of the statutes is amended to read:

SB55-SSA1,1206,24 808.04 (2) An appeal under s. 9.10 (4) (c), 227.60, or 799.445 shall be initiated within 15 days after entry of the judgment or order appealed from.

SB55-SSA1, s. 3828r Section 3828r. 808.075 (4) (d) 3. of the statutes is amended to read:

SB55-SSA1,1207,1 808.075 (4) (d) 3. Annual adjustment of child or family support under s. 767.33.

SB55-SSA1, s. 3829 Section 3829. 808.075 (4) (fn) 10. of the statutes is created to read:

SB55-SSA1,1207,4 808.075 (4) (fn) 10. Extension, under s. 938.538 (4m) (a) 2., of a placement under s. 938.538 (3) (a) 1.

SB55-SSA1, s. 3830 Section 3830. 813.02 (1) (c) 1. of the statutes is amended to read:

SB55-SSA1,1207,12 813.02 (1) (c) 1. The court may not issue the injunction until giving notice and an opportunity to be heard on the request for a preliminary injunction to the attorney general, if the case involves a prisoner in a state correctional institution, as defined in s. 801.02 (7) (a) 1. the custody of the department of corrections, or to the attorney representing the local correctional institution involved and to all other interested parties. Any injunction issued without giving notice and an opportunity to be heard is void.

SB55-SSA1, s. 3830d Section 3830d. 813.125 (3) (a) (intro.) of the statutes is amended to read:

SB55-SSA1,1207,18 813.125 (3) (a) (intro.) A judge or court commissioner may issue a temporary restraining order ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, if all of the following occur:

SB55-SSA1, s. 3830f Section 3830f. 813.125 (3) (am) of the statutes is created to read:

SB55-SSA1,1208,2 813.125 (3) (am) If the petitioner and the respondent are not married, and the respondent owns the premises where the petitioner resides, and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.

SB55-SSA1, s. 3830h Section 3830h. 813.125 (4) (a) (intro.) of the statutes is amended to read:

SB55-SSA1,1208,8 813.125 (4) (a) (intro.) A judge or court commissioner may grant an injunction ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, if all of the following occur:

SB55-SSA1, s. 3830j Section 3830j. 813.125 (4) (am) of the statutes is created to read:

SB55-SSA1,1208,16 813.125 (4) (am) If the petitioner and the respondent are not married, and the respondent owns the premises where the petitioner resides, and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.

SB55-SSA1, s. 3830m Section 3830m. 814.04 (intro.) of the statutes, as affected by 2001 Wisconsin Act 6, is amended to read:

SB55-SSA1,1208,22 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

SB55-SSA1, s. 3832 Section 3832. 814.60 (2) (ai) of the statutes is amended to read:

SB55-SSA1,1208,25 814.60 (2) (ai) Consumer information protection assessment imposed by s. 100.261.

SB55-SSA1, s. 3832c Section 3832c. 814.60 (2) (eg) of the statutes is created to read:

SB55-SSA1,1209,2 814.60 (2) (eg) Truck driver education assessment imposed by s. 349.04.

SB55-SSA1, s. 3832k Section 3832k. 814.615 (1) (a) 3. of the statutes is amended to read:

SB55-SSA1,1209,4 814.615 (1) (a) 3. For a study under s. 767.11 (14), a fee of $300 $500.

SB55-SSA1, s. 3832m Section 3832m. 814.63 (1) (c) of the statutes is amended to read:

SB55-SSA1,1209,8 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar) or, (bm) , or (br) or (5) or a safety belt use violation under s. 347.48 (2m).

SB55-SSA1, s. 3834 Section 3834. 814.63 (3) (ai) of the statutes is amended to read:

SB55-SSA1,1209,11 814.63 (3) (ai) Consumer information protection assessment imposed by s. 100.261.

SB55-SSA1, s. 3834m Section 3834m. 814.63 (3) (g) of the statutes is created to read:

SB55-SSA1,1209,13 814.63 (3) (g) Truck driver education assessment imposed by s. 349.04.

SB55-SSA1, s. 3836d Section 3836d. 814.67 (1) (b) 2. of the statutes is amended to read:

SB55-SSA1,1209,15 814.67 (1) (b) 2. For interpreters, $35 per one-half day $20 per hour.

SB55-SSA1, s. 3836r Section 3836r. 814.69 (1) (b) of the statutes is amended to read:

SB55-SSA1,1209,21 814.69 (1) (b) For a transcript under s. 757.57 (5), a fee from the party requesting the transcript at the rate of $1.75 $2.25 per 25-line page for the original and 60 50 cents per 25-line page for each copy. If the request is by the state or any political subdivision thereof, the fees of the reporter shall be at the rates provided in par. (a).

SB55-SSA1, s. 3836s Section 3836s. 814.69 (1) (bm) of the statutes is created to read:

SB55-SSA1,1210,3 814.69 (1) (bm) If a party requests that a transcript under s. 757.57 (5) be prepared within 7 days after the request and the transcript is not required by supreme court rule or statute to be prepared within that 7-day period, a fee in addition to the fee under par. (b) of 75 cents per 25-line page for the original and 25 cents for each copy. The fee under this paragraph does not apply to a request made by the state or a political subdivision of the state.

SB55-SSA1, s. 3843 Section 3843. 867.035 (1) (a) (intro.) of the statutes is amended to read:

SB55-SSA1,1210,14 867.035 (1) (a) (intro.) Except as provided in Subject to par. (bm), the department of health and family services may collect from the property of a decedent, including funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, by affidavit under this section sub. (2) or by lien under sub. (2m) an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1., the family care benefit that is recoverable under rules promulgated under s. 46.286 (7), or the aid under s. 49.68, 49.683, or 49.685 that is recoverable under s. 49.682 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

SB55-SSA1, s. 3844 Section 3844. 867.035 (1) (a) 1. of the statutes is amended to read:

SB55-SSA1,1210,17 867.035 (1) (a) 1. No person files a petition for administration or summary settlement or assignment of the decedent's estate within 20 days of death.

SB55-SSA1, s. 3845 Section 3845. 867.035 (1) (bm) (intro.) of the statutes is amended to read:

SB55-SSA1,1210,23 867.035 (1) (bm) (intro.) The department of health and family services may not collect by affidavit under this section from any of shall reduce the amount of its recovery under par. (a) by up to the amount specified in s. 861.33 (2) if necessary to allow the decedent's heirs or beneficiaries under the decedent's will to retain the following personal property of the decedent:

SB55-SSA1, s. 3846 Section 3846. 867.035 (1) (bm) 1. of the statutes is repealed.

SB55-SSA1, s. 3847 Section 3847. 867.035 (1) (bm) 2. of the statutes is amended to read:

SB55-SSA1,1211,1 867.035 (1) (bm) 2. Wearing apparel and jewelry held for personal use.

SB55-SSA1, s. 3848 Section 3848. 867.035 (1) (bm) 3. of the statutes is amended to read:

SB55-SSA1,1211,3 867.035 (1) (bm) 3. Household furniture, furnishings , and appliances.

SB55-SSA1, s. 3849 Section 3849. 867.035 (1) (bm) 4. of the statutes is repealed and recreated to read:

SB55-SSA1,1211,8 867.035 (1) (bm) 4. Other tangible personal property not used in trade, agriculture, or other business, not exceeding in value the amount specified in s. 861.33 (1) (a) 4.

SB55-SSA1, s. 3850 Section 3850. 867.035 (2) of the statutes is amended to read:

SB55-SSA1,1211,16 867.035 (2) A person who possesses property of a decedent shall transmit the property to the department of health and family services, if the conditions in sub. (1) (a) 1. to 4. are satisfied, upon receipt of an affidavit by a person designated by the secretary of health and family services to administer this section showing that the conditions in sub. (1) (a) are satisfied department paid on behalf of the decedent or the decedent's spouse recoverable benefits specified in sub. (1) (a). Upon transmittal, the person is released from any obligation to other creditors or heirs of the decedent.

SB55-SSA1, s. 3851 Section 3851. 867.035 (2m) of the statutes is created to read:

SB55-SSA1,1211,24 867.035 (2m) (a) If the conditions in sub. (1) (a) 1., 2., and 4. are satisfied, the department of health and family services shall have a lien in the amount that it may recover under sub. (1) (a) on any interest in the decedent's home, as defined in s. 49.496 (1) (b), transferred under s. 867.03 (1g). The department may record the lien in the office of the register of deeds of the county in which the real property is located. The department may enforce the lien by foreclosure in the same manner as a mortgage on real property, unless any of the following is alive:

SB55-SSA1,1211,25 1. The decedent's spouse.

SB55-SSA1,1212,2 2. A child of the decedent if the child is under age 21 or disabled, as defined in s. 49.468 (1) (a) 1.

SB55-SSA1,1212,8 (b) If the conditions in sub. (1) (a) 1. to 4. are satisfied, the department of health and family services shall have a lien in the amount that it may recover under sub. (1) (a) on any interest in any real property of the decedent transferred under s. 867.03 (1g). The department may record the lien in the office of the register of deeds of the county in which the real property is located and may enforce the lien by foreclosure in the same manner as a mortgage on real property.

SB55-SSA1, s. 3852 Section 3852. 885.37 (title) of the statutes is amended to read:

SB55-SSA1,1212,11 885.37 (title) Interpreters for persons with language difficulties or hearing or speaking impairments limited English proficiency.

SB55-SSA1, s. 3853 Section 3853. 885.37 (1) of the statutes is renumbered 885.37 (1m), and 885.37 (1m) (b), as renumbered, is amended to read:

SB55-SSA1,1212,25 885.37 (1m) (b) If a court has notice that a person who fits any of the criteria under par. (a) has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect the court shall make a factual determination of whether the language difficulty or the hearing or speaking impairment is sufficient to prevent the individual from communicating with his or her attorney, reasonably understanding the English testimony or reasonably being understood in English. If the court determines that, limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has a right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided for him or her at the public's expense. Any waiver of the right to an interpreter is effective only if made voluntarily in person, in open court and on the record.

SB55-SSA1, s. 3854 Section 3854. 885.37 (1g) of the statutes is created to read:

SB55-SSA1,1213,3 885.37 (1g) In this section, "limited English proficiency" means any of the following:

SB55-SSA1,1213,5 (a) The inability, because of the use of a language other than English, to adequately understand or communicate effectively in English in a court proceeding.

SB55-SSA1,1213,8 (b) The inability, due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability, to adequately hear, understand, or communicate effectively in English in a court proceeding.

SB55-SSA1, s. 3855 Section 3855. 885.37 (2) of the statutes is amended to read:

SB55-SSA1,1213,11 885.37 (2) A court may authorize the use of an interpreter in actions or proceedings in addition to those specified in sub. (1) (1m).

SB55-SSA1, s. 3856 Section 3856. 885.37 (3) (b) of the statutes is amended to read:

SB55-SSA1,1213,25 885.37 (3) (b) In any administrative contested case proceeding before a state, county, or municipal agency, if the agency conducting the proceeding has notice that a party to the proceeding has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect, the agency shall make a factual determination of whether the language difficulty or hearing or speaking impairment is sufficient to prevent the party from communicating with others, reasonably understanding the English testimony or reasonably being understood in English. If the agency determines limited English proficiency and that an interpreter is necessary, the agency shall advise the party that he or she has a right to a qualified interpreter. After considering the party's ability to pay and the other needs of the party, the agency may provide for an interpreter for the party at the public's expense. Any waiver of the right to an interpreter is effective only if made at the administrative contested case proceeding.

SB55-SSA1, s. 3857 Section 3857. 885.37 (3m) of the statutes is amended to read:

SB55-SSA1,1214,4 885.37 (3m) Any agency may authorize the use of an a qualified interpreter in a contested case proceeding for a person who is not a party but who has a substantial interest in the proceeding.

SB55-SSA1, s. 3858 Section 3858. 885.37 (4) (a) (intro.) of the statutes is amended to read:

SB55-SSA1,1214,7 885.37 (4) (a) (intro.) The necessary expense of furnishing an a qualified interpreter for an indigent person under sub. (1) (1m) or (2) shall be paid as follows:

SB55-SSA1, s. 3859 Section 3859. 885.37 (4) (b) of the statutes is amended to read:

SB55-SSA1,1214,11 885.37 (4) (b) The necessary expense of furnishing an a qualified interpreter for an indigent party under sub. (3) shall be paid by the unit of government for which the proceeding is held.

SB55-SSA1, s. 3860 Section 3860. 885.37 (5) (a) of the statutes is amended to read:

SB55-SSA1,1214,15 885.37 (5) (a) If a court under sub. (1) (1m) or (2) or an agency under sub. (3) decides to appoint an interpreter, the court or agency shall follow the applicable procedure under par. (b) or (c).

SB55-SSA1, s. 3861 Section 3861. 885.37 (6) to (10) of the statutes are created to read: