Amendment SA1-SB383

LRBa1265/2

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2009 - 2010 LEGISLATURE

SENATE AMENDMENT 1, TO 2009 SENATE BILL 383

January 13, 2010 - Offered by Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

SB383-SA1,1,1 At the locations indicated, amend the bill as follows:

SB383-SA1,1,2 1. Page 10, line 10: before "A municipal" insert "This".

SB383-SA1,1,5 2. Page 10, line 13: delete that line and substitute "administrative district. A court shall become operative and function after the effective date of this subsection .... [LRB inserts date], when the city".

SB383-SA1,1,7 3. Page 10, line 23: after " judges" insert "The municipal governing body shall determine the amount budgeted for court maintenance and operations.".

SB383-SA1,1,8 4. Page 12, line 16: delete "unless" and substitute "unless".

SB383-SA1,1,11 5. Page 12, line 17: delete that line and substitute "a longer different term, not exceeding 4 years nor less than 2 years, is provided by charter ordinance or bylaw enacted under s. 66.0101. The term".

SB383-SA1,1,12 6. Page 15, line 10: delete lines 10 to 19 and substitute:

SB383-SA1,2,2 " Section 31g. 755.10 of the statutes is renumbered 755.10 (1) and amended to read:

SB383-SA1,2,12 755.10 (1) The Except as provided in sub. (2), the judge shall in writing appoint such clerks and deputy clerks as the personnel that are authorized by the council or board. The council or board shall authorize at least one clerk for each court. Except as provided in sub. (2), the hiring, termination, hours of employment, and work responsibilities of the court personnel, when working during hours assigned to the court, shall be under the judge's authority. Their salaries shall be fixed by the council or board. The clerks shall, before entering upon the duties of their offices, take the oath provided by s. 19.01 and give a bond if required by the council or board. The cost of the bond shall be paid by the municipality. Oaths and bonds of the clerks shall be filed with the municipal clerk.".

SB383-SA1,2,13 7. Page 15, line 19: after that line insert:

SB383-SA1,2,14 " Section 31m. 755.10 (2) of the statutes is created to read:

SB383-SA1,2,20 755.10 (2) (a) In the municipal court located in the city of Milwaukee the court administrator shall in writing appoint the personnel that are authorized by the council or board. In the municipal court located in the city of Milwaukee the hiring, termination, hours of employment, and work responsibilities of the court personnel, when working during hours assigned to the court, shall be under the court administrator's authority.".

SB383-SA1,2,21 8. Page 16, line 2: after " system" insert "used by the court".

SB383-SA1,2,22 9. Page 17, line 11: after "department" insert "by design or signage".

SB383-SA1,2,23 10. Page 23, line 18: after that line insert:

SB383-SA1,3,3 "4. Inform the defendant that if he or she is unable to pay the forfeiture, costs, fees, or surcharges due to poverty, he or she may request an installment payment, community service, or a stay of the judgment.".

SB383-SA1,3,6 11. Page 23, line 24: after "800.09" insert ", and then determine if the defendant is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d)".

SB383-SA1,3,9 12. Page 25, line 4: delete the material beginning with "charged" and ending with "(5)" on line 5 and substitute "charged with a violation of an ordinance which that is in conformity with s. 346.63 (1) or (5)".

SB383-SA1,3,12 13. Page 31, line 12: delete the material beginning with "within" and ending with "cause" on line 15 and substitute "for pretrial discovery within 30 days after the initial appearance in person or by and attorney and shows cause therefor".

SB383-SA1,3,14 14. Page 31, line 18: after "committed." insert "The defendant may move for pretrial discovery at any other time upon a showing of cause for that discovery.".

SB383-SA1,3,16 15. Page 34, line 2: after "814.29 (1) (d)" insert ", and that he or she may request community service in lieu of payment of the judgment".

SB383-SA1,3,18 16. Page 34, line 7: after "income" insert ", or to perform community service in lieu of payment of the judgment".

SB383-SA1,3,19 17. Page 37, line 9: after that line insert:

SB383-SA1,4,2 "3m. If the court terminates the defendant's suspension as the result of the defendant's agreement to a payment plan or community service and the defendant is later suspended because he or she defaults on that plan or service, the new suspension shall be reduced by the amount of time that the suspension was served before being terminated by the court. This subdivision does not apply to a municipal court located in the city of Milwaukee.".

SB383-SA1,4,4 18. Page 37, line 14: after "judgment" insert "because of poverty, as that term is used in s. 814.29 (1) (d)".

SB383-SA1,4,7 19. Page 37, line 15: delete "The court may" and substitute "If the court determines that the inability to pay the judgment is because of poverty, the court shall".

SB383-SA1,4,8 20. Page 37, line 17: after "subsection" insert ", including community service".

SB383-SA1,4,10 21. Page 43, line 3: after "judgment" insert ", or order that the judgment be satisfied by community service".

SB383-SA1,4,14 22. Page 48, line 7: delete that line and substitute "bond or the transcript fee may petition the municipal court for a waiver. A defendant claiming an inability to pay with regard to the appeal fee or jury fee may petition the circuit court for a waiver.".

SB383-SA1,4,15 (End)