AB651-ASA1,9,8
1895.80
(2) The burden of proof in a civil action under sub. (1) is with the person
2who suffers damage or loss to prove
his or her case
a violation of s. 943.01, 943.011,
3943.012, 943.017, 943.20, 943.201, 943.203, 943.21, 943.24, 943.26, 943.34, 943.395,
4943.41, 943.50, 943.61, 943.74, or 943.76 by a preponderance of the credible evidence.
5A conviction under s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.203,
6943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50, 943.61, 943.74, or 943.76 is
7not required to bring an action, obtain a judgment, or collect on that judgment under
8this section.
AB651-ASA1, s. 21
9Section
21. 895.80 (3) (a) of the statutes is repealed and recreated to read:
AB651-ASA1,9,1310
895.80
(3) (a) Actual damages, including the retail or replacement value of
11damaged, used, or lost property, whichever is greater, for a violation of s. 943.01,
12943.011, 943.012, 943.017, 943.20, 943.201, 943.203, 943.21, 943.24, 943.26, 943.34,
13943.395, 943.41, 943.50, 943.61, 943.74, or 943.76.
AB651-ASA1,9,1715
895.80
(3) (b) All costs of investigation and litigation that were reasonably
16incurred
, including the value of the time spent by any employee or agent of the
17victim.
AB651-ASA1,9,2119
895.80
(3) (c) Exemplary damages of not more than 3 times the amount
20awarded under par. (a). No additional proof is required under this section for an
21award of exemplary damages under this paragraph.
AB651-ASA1, s. 24
22Section
24. 895.80 (4) of the statutes is repealed and recreated to read:
AB651-ASA1,9,2423
895.80
(4) Any recovery under this section shall be reduced by the amount
24recovered as restitution under ss. 800.093 and 973.20 and ch. 938.
AB651-ASA1,10,2
1895.80
(6) A person is not criminally liable under s. 943.30 for any action
2brought in good faith under this section.
AB651-ASA1, s. 26
3Section
26. 938.245 (2) (a) 5. am. of the statutes is amended to read:
AB651-ASA1,10,164
938.245
(2) (a) 5. am. That the parent who has custody, as defined in s. 895.035
5(1), of the juvenile make reasonable restitution for any damage to the property of
6another, or for any actual physical injury to another excluding pain and suffering,
7resulting from the act for which the deferred prosecution agreement is being entered
8into. Except for recovery for retail theft under s. 943.51, the maximum amount of any
9restitution ordered under this subd. 5. am. for damage or injury resulting from any
10one act of a juvenile or from the same act committed by 2 or more juveniles in the
11custody of the same parent may not exceed
the amount specified in s. 799.01 (1) (d) 12$5,000. Any order under this subd. 5. am. shall include a finding that the parent who
13has custody of the juvenile is financially able to pay the amount ordered and may
14allow up to the date of the expiration of the deferred prosecution agreement for the
15payment. Any recovery under this subd. 5. am. shall be reduced by the amount
16recovered as restitution for the same act under subd. 5. a.
AB651-ASA1, s. 27
17Section
27. 938.32 (1t) (a) 1m. of the statutes is amended to read:
AB651-ASA1,11,918
938.32
(1t) (a) 1m. If the petition alleges that the juvenile has committed a
19delinquent act that has resulted in damage to the property of another, or in actual
20physical injury to another excluding pain and suffering, the judge or circuit court
21commissioner may require a parent who has custody, as defined in s. 895.035 (1), of
22the juvenile, as a condition of the consent decree, to make reasonable restitution for
23the damage or injury. Except for recovery for retail theft under s. 943.51, the
24maximum amount of any restitution ordered under this subdivision for damage or
25injury resulting from any one act of a juvenile or from the same act committed by 2
1or more juveniles in the custody of the same parent may not exceed
the amount
2specified in s. 799.01 (1) (d) $5,000. Any consent decree that includes a condition of
3restitution by a parent who has custody of the juvenile shall include a finding that
4the parent who has custody of the juvenile is financially able to pay the amount
5ordered and may allow up to the date of the expiration of the consent decree for the
6payment. Objection by the parent to the amount of damages claimed shall entitle the
7parent to a hearing on the question of damages before the amount of restitution is
8made part of the consent decree. Any recovery under this subdivision shall be
9reduced by the amount recovered as restitution for the same act under subd. 1.
AB651-ASA1,11,2411
938.45
(1r) (a) In a proceeding in which a juvenile has been found to have
12committed a delinquent act or a civil law or ordinance violation that has resulted in
13damage to the property of another, or in actual physical injury to another excluding
14pain and suffering, the court may order a parent who has custody, as defined in s.
15895.035 (1), of the juvenile to make reasonable restitution for the damage or injury.
16Except for recovery for retail theft under s. 943.51, the maximum amount of any
17restitution ordered under this paragraph for damage or injury resulting from any
18one act of a juvenile or from the same act committed by 2 or more juveniles in the
19custody of the same parent may not exceed
the amount specified in s. 799.01 (1) (d)
20$5,000. Any order under this paragraph shall include a finding that the parent who
21has custody of the juvenile is financially able to pay the amount ordered and may
22allow up to the date of expiration of the order for the payment. Any recovery under
23this paragraph shall be reduced by the amount recovered as restitution for the same
24act under s. 938.34 (5) or 938.343 (4).
AB651-ASA1,12,10
1938.45
(1r) (b) In a proceeding in which the court has determined under s.
2938.34 (8) or 938.343 (2) that the imposition of a forfeiture would be in the best
3interest of the juvenile and in aid of rehabilitation, the court may order a parent who
4has custody, as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. The
5amount of any forfeiture ordered under this paragraph may not exceed
the amount
6specified in s. 799.01 (1) (d) $5,000. Any order under this paragraph shall include
7a finding that the parent who has custody of the juvenile is financially able to pay
8the amount ordered and shall allow up to 12 months after the date of the order for
9the payment. Any recovery under this paragraph shall be reduced by the amount
10recovered as a forfeiture for the same act under s. 938.34 (8) or 938.343 (2).
AB651-ASA1,12,1612
943.24
(3) (b) Proof that, at the time of issuance, the person did not have
13sufficient funds or credit with the drawee and that the person failed within 5 days
14after receiving
written notice of nonpayment or dishonor to pay the check or other
15order
, delivered by regular mail to either the person's last-known address or the
16address provided on the check or other order; or
AB651-ASA1,12,2218
943.24
(3) (c) Proof that, when presentment was made within a reasonable
19time, the person did not have sufficient funds or credit with the drawee and the
20person failed within 5 days after receiving
written notice of nonpayment or dishonor
21to pay the check or other order
, delivered by regular mail to either the person's
22last-known address or the address provided on the check or other order.
AB651-ASA1,13,3
1943.245
(3) Notwithstanding sub. (2) (c) and (d), the total amount awarded for
2exemplary damages and reasonable attorney fees may not exceed $500
for each
3violation.
AB651-ASA1,13,135
943.245
(4) At least 20 days prior to commencing an action, as specified in s.
6801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or
7her intent to bring the action. Notice of nonpayment or dishonor shall be sent by the
8payee or holder of the check or order to the drawer by regular mail supported by an
9affidavit of service of mailing
or by a certificate of mailing obtained from the U.S. post
10office from which the mailing was made. The plaintiff shall mail the notice to the
11defendant's last-known address or to the address provided on the check or order. If
12the defendant pays the check or order prior to the commencement of the action, he
13or she is not liable under this section.
AB651-ASA1,13,1715
943.51
(3) Notwithstanding sub. (2) and except as provided in sub. (3m), the
16total amount awarded for exemplary damages and reasonable attorney fees may not
17exceed $500
for each violation.
AB651-ASA1,13,2219
943.51
(3m) Notwithstanding sub. (2), the total amount awarded for
20exemplary damages and reasonable attorney fees may not exceed $300
for each
21violation if the action is brought against a minor or against the parent who has
22custody of their minor child for the loss caused by the minor.
AB651-ASA1,13,2524
(1) Except as provided in subsection (2), this act first applies to actions
25commenced or claims made on the effective date of this subsection.
AB651-ASA1,14,4
1(2)
The treatment of sections 895.035 (2) and (4), 895.80 (1), (2), (3) (a), (b), and
2(c), (4), and (6), 938.245 (2) (a) 5. am., 938.32 (1t) (a) 1m., 938.45 (1r) (a) and (b), 943.24
3(3) (b) and (c), 943.245 (3) and (4), and 943.51 (3) and (3m) of the statutes first applies
4to violations committed on the effective date of this subsection.
AB651-ASA1,14,76
(1)
This act takes effect on the first day of the 4th month beginning after
7publication.
