LRB-0918/1
RPN:jld:rs
2005 - 2006 LEGISLATURE
February 8, 2005 - Introduced by Representatives Gundrum, Bies, Krawczyk,
Hines, Stone, Lothian, Albers, Pridemore and Vrakas. Referred to
Committee on Judiciary.
AB91,1,2
1An Act to amend 800.095 (4) (b) 1. of the statutes;
relating to: noncompliance
2with a municipal court order.
Analysis by the Legislative Reference Bureau
Under current law, if a person is found guilty of violating a municipal ordinance,
the municipal court may order the offender to pay a forfeiture, make restitution, pay
any appropriate assessment, and pay the costs of prosecution, including court fees.
If the offender agrees to do so, the court may order the person to perform community
service work in lieu of making these payments. If the offender fails to comply with
the court's order, the court may issue a warrant for the offender's arrest and require
him or her to appear in court. When the offender does appear in court, current law
allows the court to modify or suspend the order, order the person to perform
community service work, or order the person imprisoned until the amount ordered
is paid. The maximum term of imprisonment is 90 days, and the amount of the
outstanding order is reduced by $25 for each day of imprisonment.
This bill allows the municipal court, when ordering a term of imprisonment, to
make that term consecutive with or concurrent to any other imprisonment to which
the offender is currently serving.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB91, s. 1
1Section
1. 800.095 (4) (b) 1. of the statutes is amended to read:
AB91,2,92
800.095
(4) (b) 1. That the defendant be imprisoned until the forfeiture,
3assessments, surcharge
, and costs are paid, except that the defendant reduces the
4amount owed at a rate of at least $25 for each day of imprisonment, including
5imprisonment following an arrest but prior to the findings under this subsection, and
6the maximum period of imprisonment is 90 days.
The court may impose a term of
7imprisonment under this subdivision that is either concurrent with or consecutive
8to any other term of imprisonment imposed at the same time or any term of
9imprisonment imposed by any court.
AB91,2,1211
(1) This act first applies to municipal court actions commenced on the effective
12date of this subsection.
