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800.09
(3) Judgment regarding operating privilege. (a) If the operating
21privilege of a defendant is suspended under this section or s. 800.095, the court may
22terminate that suspension and substitute an installment payment plan for paying
23the amount of the judgment that takes into account the defendant's income.
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(b) If the operating privilege of a defendant is suspended under this section or
25s. 800.095, the court shall terminate that suspension and substitute an installment
1payment plan for the payment of the amount of the judgment that takes into account
2the defendant's income if all of the following conditions apply:
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1. The defendant is unable to pay the judgment in full because of poverty, as
4that term is used in s. 814.29 (1) (d).
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2. The defendant has not previously failed to comply with an installment
6payment plan ordered under this section that takes into account the defendant's
7income.
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(c) If the defendant fails to comply with an installment payment plan ordered
9under this subsection, the court shall reinstate the suspension of the defendant's
10operating privilege.
AB60, s. 9
11Section
9. 800.095 (2) (a) of the statutes is amended to read:
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800.095
(2) (a) The warrant shall be in the form specified under s. 800.02 (5).
13The summons shall be in substantially the following form:
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STATE OF WISCONSIN
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.... City/Village/Town
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State of Wisconsin
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.... Defendant(s)
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THE STATE OF WISCONSIN TO THE DEFENDANT
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A judgment, a copy of which is attached, has been entered against you for
21(restitution and) the payment of a civil forfeiture. You were ordered by the court on
22...., .... (year) to (make the following payments: ....) (perform the following community
23service work order: ....) (make the following restitution: ....).
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You have failed to comply with that order.
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1YOU ARE THEREFORE ORDERED to appear before the Honorable .... in ....
2Courtroom, at the .... Courthouse, in the City/Town/Village of .... at .... a.m./p.m. TO
3SHOW THAT YOU ARE UNABLE TO (PAY THE FORFEITURE OR MAKE
4RESTITUTION FOR GOOD CAUSE OR BECAUSE OF YOUR
INDIGENCE 5POVERTY) (TO COMPLY WITH THE COMMUNITY SERVICE WORK ORDER
6FOR GOOD CAUSE). If (good cause or your
indigence
poverty has prevented you
7from paying the forfeiture or making restitution) (good cause has prevented you from
8complying with the community service work order), the court will modify the order.
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IF YOU FAIL TO APPEAR AT THE TIME AND PLACE DESIGNATED
10ABOVE, AN ORDER FOR COMMITMENT SHALL BE ISSUED AND YOU WILL
11BE IMPRISONED IN THE JAIL/HOUSE OF CORRECTIONS. IN ADDITION, AN
12ORDER MAY BE ISSUED TO SUSPEND YOUR MOTOR VEHICLE OPERATING
13PRIVILEGE.
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Dated: ...., .... (year)
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Signature:....
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(Municipal Court Judge)
AB60, s. 10
17Section
10. 800.095 (4) (a) of the statutes is amended to read:
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800.095
(4) (a) If the defendant appears before the court pursuant to a warrant
19or summons issued under sub. (1) or the defendant otherwise notifies the court that
20he or she is unable to comply with the judgment or community service work order,
21the court shall conduct a hearing. If the defendant failed to pay the forfeiture, make
22restitution
, comply with an ordered installment payment plan, or comply with the
23work order, the court shall determine if the defendant is unable to comply with the
24judgment for good cause or because of the defendant's
indigence poverty, as that term
25is used in s. 814.29 (1) (d), or is unable to comply with the work order for good cause.
AB60, s. 11
1Section
11. 800.095 (4) (b) (intro.) of the statutes is amended to read:
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800.095
(4) (b) (intro.) If the defendant fails to appear before the court for a
3hearing conducted under par. (a) or if the court determines at a hearing under par.
4(a) that the failure of the defendant to comply with the judgment is not for good cause
5or because of the defendant's
indigence poverty, as that term is used in s. 814.29 (1)
6(d), or that the failure of the defendant to comply with the work order is not for good
7cause, the court shall order one of the following:
AB60, s. 12
8Section
12. 800.095 (4) (b) 4. of the statutes is amended to read:
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800.095
(4) (b) 4.
That Except as provided under s. 800.09 (3), that the
10defendant's operating privilege, as defined in s. 340.01 (40), be suspended until the
11judgment is complied with, except that the suspension period may not exceed 2 years.
12This subdivision does not apply if the forfeiture is assessed for violation of an
13ordinance that is unrelated to the violator's operation of a motor vehicle.
AB60, s. 13
14Section
13. 800.095 (4) (c) of the statutes is amended to read:
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800.095
(4) (c) If the court determines that the failure of the defendant to
16comply with the judgment is for good cause or because of the defendant's
indigence 17poverty, as that term is used in s. 814.29 (1) (d), or that the failure of the defendant
18to comply with the work order is for good cause, the court may enter an order under
19par. (b) 2. or 3.
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(1) This act first applies to violations committed on the effective date of this
22subsection.