AB926: Bill Text

AB926,258,21 Subchapter II Enforcement of certain environmental laws

AB926,258,24 278.50 Words and phrases defined. In ss. 278.50 to 278.90 the following words and phrases have the designated meanings unless the context clearly indicates a different meaning:

AB926,259,3 (1m) "Citation" means a pleading of essential facts and applicable law coupled with a demand for judgment, that notifies the person cited of a violation specified in s. 278.51 (1) and requests the person to appear in court.

AB926,259,5 (2) "Complaint" means the pleading of essential facts and applicable law coupled with a demand for judgment.

AB926,259,6 (2L) "Corporation" includes a limited liability company.

AB926,259,8 (3) "Enforcing officer" means peace officer as defined by s. 939.22 (22), or a person who has authority to act pursuant to a specific statute.

AB926,259,10 (7) "Summons" means an order to appear in court at a particular time and place.

AB926,259,17 278.51 Procedure in forfeiture actions. (1) The procedure in this subchapter applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c), and (4), 287.07, 287.08, 287.81, and 299.64 (2), subchs. I to III of ch. 30, and ch. 31, and any administrative rules promulgated thereunder, violations to which s. 299.85 (7) (a) 2. or 4. applies, and violations specified under s. 280.98 (2) or 285.86.

AB926,259,19 (2) All actions to recover these forfeitures and costs, fees, and surcharges imposed under ch. 814 are civil actions in the name of the state of Wisconsin.

AB926,259,21 (3) If a fine or imprisonment, or both, is imposed for a violation specified in sub. (1), the procedure in ch. 968 applies.

AB926,259,23 278.52 Two forms of action. Actions under this subchapter may be commenced by a citation, or by a complaint and summons.

AB926,260,3 278.53 Use of citation. (1) If an action under this subchapter is commenced by a citation, the citation form under s. 278.54 shall be used, except that the uniform traffic citation created under s. 345.11 may be used by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 287.81.

AB926,260,6 (2) The use of the citation form under s. 278.54 by any enforcing officer in connection with a violation is adequate process to give the appropriate court jurisdiction over the person upon the filing of the citation with the court.

AB926,260,8 278.54 Citation form. (1) The citation form for actions under this subchapter shall contain a complaint, a case history, and a report of court action on the case.

AB926,260,11 (2) It must appear on the face of the citation that there is probable cause to believe that a violation has been committed and that the defendant has committed that violation.

AB926,260,12 (3) The citation form shall provide spaces for all of the following:

AB926,260,14 (a) The name, address, social security number, and date of birth of the defendant.

AB926,260,15 (b) The department permit or license number of the defendant, if applicable.

AB926,260,16 (c) The name and department of the issuing officer.

AB926,260,20 (d) The violation alleged; the time and place of occurrence; a statement that the defendant committed the violation; the statute, administrative rule, or ordinance violated; and a designation of the violation in language that can be readily understood by a person making a reasonable effort to do so.

AB926,260,22 (e) The maximum forfeiture, plus costs, fees, and surcharges imposed under ch. 814, for which the defendant might be found liable.

AB926,260,23 (f) A date, time, and place for the court appearance, and a notice to appear.

AB926,260,24 (g) Provisions for deposit and stipulation in lieu of a court appearance.

AB926,261,2 (h) Notice that the defendant may make a deposit and by doing so obtain release if an arrest has been made.

AB926,261,7 (i) Notice that, if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant will be considered to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.

AB926,261,14 (j) Notice that, if the defendant makes a deposit and signs the stipulation, the defendant will be considered to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and stipulation, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effects of the stipulation.

AB926,261,17 (k) Notice that, if the defendant does not make a deposit and fails to appear in court at the time fixed in the citation, the court may issue a summons or an arrest warrant.

AB926,261,18 (L) Any other pertinent information.

AB926,261,24 278.55 Complaint and summons forms. (1) Complaint. If an action under this subchapter is commenced by a complaint and summons, it must appear on the face of the complaint that there is probable cause to believe that a violation has been committed and that the defendant has committed it. The complaint shall accompany the summons and shall contain the information set forth in s. 278.54 (3) (a) to (d) and all of the following:

AB926,262,2 (a) The title of the cause, specifying the name of the court and the county in which the action is brought and the names and addresses of the parties to the action.

AB926,262,8 (b) A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the statute upon which the cause of action is based and a demand for a forfeiture, the amount of which may not exceed the maximum set by the statute involved, plus costs, fees, and surcharges imposed under ch. 814, and any other relief that is sought by the plaintiff.

AB926,262,10 (c) If the action is against a corporation, a statement of its corporate existence and whether it is a domestic or foreign corporation.

AB926,262,12 (2) Summons. If an action under this subchapter is commenced by a complaint and summons, the summons shall contain all of the following:

AB926,262,14 (a) The title of the cause, specifying the name of the court and the county in which the action is brought and the names of all parties to the action.

AB926,262,17 (b) A direction summoning and requiring the defendant to appear in a specified court on a particular date not less than 10 days following service of the summons to answer the accompanying complaint.

AB926,262,20 (c) A notice that, in case of failure to appear, judgment may be rendered against the defendant according to the demand of the complaint, or the court may issue a warrant for the defendant's arrest.

AB926,262,24 278.56 Arrest with a warrant. (1) A person may be arrested for a violation specified in s. 278.51 (1) after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.

AB926,263,5 (2) In actions to collect forfeitures, plus costs, fees, and surcharges imposed under ch. 814, the judge who issues a warrant under sub. (1) may endorse upon the warrant the amount of the deposit. If no endorsement is made, the deposit schedule under s. 278.66 (4) shall apply, unless the court directs that the person be brought before the court.

AB926,263,9 278.57 Arrest without a warrant. (1) A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed a violation specified in s. 278.51 (1) and any of the following applies:

AB926,263,10 (a) The person refuses to accept a citation or to make a deposit under s. 278.66.

AB926,263,12 (b) The person refuses to identify himself or herself satisfactorily or the officer has reasonable grounds to believe that the person is supplying false identification.

AB926,263,14 (c) Arrest is necessary to prevent imminent bodily harm to the enforcing officer or to another.

AB926,263,16 (2) In all cases in which a person is arrested under sub. (1) the officer shall bring the person arrested before a judge without unnecessary delay.

AB926,263,25 278.58 Temporary questioning without arrest. After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the enforcing officer reasonably suspects that the person is committing, is about to commit, or has committed a violation specified in s. 278.51 (1). Such a stop may be made only where the enforcing officer has proper authority to make an arrest for the violation. The enforcing officer may demand the name and address of the person and an explanation of the person's conduct. The detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

AB926,264,16 278.59 Search during temporary questioning. When an enforcing officer has stopped a person for temporary questioning under s. 278.58 and reasonably suspects that the enforcing officer or another is in danger of physical injury, the enforcing officer may search the person for weapons or any instrument, article, or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the enforcing officer finds such a weapon or instrument, or any other property possession of which he or she reasonably believes may constitute the commission of a violation specified in s. 278.51 (1) or that may constitute a threat to his or her safety, the enforcing officer may take it and keep it until the completion of the questioning, at which time he or she shall return it, if lawfully possessed, arrest the person so questioned for possession of the weapon, instrument, article, or substance, if he or she has the authority to do so, or detain the person until a proper arrest can be made by appropriate authorities. Searches during temporary questioning as provided under this section may be conducted only by those enforcing officers who have the authority to make arrests for crimes.

AB926,265,4 278.60 Search incident to the issuance of a lawfully issued citation. If the enforcing officer has stopped a person to issue a citation under s. 278.62 and reasonably suspects that the enforcing officer or another is in danger of physical injury, the officer may search the person for weapons or any instrument, article, or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the officer finds such a weapon or instrument, or any other property possession of which he or she reasonably believes may constitute the commission of a violation specified in s. 278.51 (1), or that may constitute a threat to his or her safety, the officer may take it and keep it until he or she has completed issuing the citation, at which time the officer shall return it, if lawfully possessed, arrest the person for possession of the weapon, instrument, article, or substance, if he or she has the authority to do so, or detain the person until a proper arrest can be made by appropriate authorities.

AB926,265,7 278.61 Search and seizure; when authorized. Under this subchapter, a search of a person, object, or place may be made and things may be seized when the search is made as follows:

AB926,265,8 (1) Incident to a lawful arrest.

AB926,265,9 (2) With consent.

AB926,265,10 (3) Pursuant to a valid search warrant.

AB926,265,11 (4) With the authority and within the scope of a right of lawful inspection.

AB926,265,13 (5) Incident to the issuance of a lawfully issued citation in accordance with s. 278.60.

AB926,265,14 (6) During an authorized temporary questioning under s. 278.59.

AB926,265,15 (7) As otherwise authorized by law.

AB926,265,19 278.62 Issuance of a citation. (1) Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes specified in s. 278.51 (1), the officer may proceed in the following manner:

AB926,265,22 (a) Issue a citation to the defendant in the form specified in s. 278.54, a copy of which shall be filed with the clerk of courts in the county where the violation was committed.

AB926,265,23 (b) Proceed, in proper cases, under s. 278.56 or 278.57.

AB926,265,25 (c) Bring the information to the district attorney so that he or she may proceed under s. 278.65.

AB926,266,4 (2) (a) If the defendant is a resident of this state, a law enforcement officer may serve a citation anywhere in the state by following the procedures used for the service of a summons under s. 801.11 (1) (a) or (b) 1. or 1m. or (2) or by mailing a copy to the defendant's last-known address.

AB926,266,7 (b) If the defendant is not a resident of the state, a law enforcement officer may serve a citation by delivering a copy to the defendant personally or by mailing a copy to the defendant's last-known address.

AB926,266,11 278.63 Officer's action after issuance of citation. (1) After an enforcing officer has issued a citation under this subchapter, the officer shall release the defendant if he or she makes a deposit under s. 278.66 or a deposit and stipulation of no contest under s. 278.67.

AB926,266,13 (2) If sub. (1) does not apply, an enforcing officer who issues a citation under this subchapter may release the defendant.

AB926,266,15 (3) An enforcing officer who issues a citation under this subchapter shall proceed under s. 278.57, if the defendant is not released.

AB926,266,19 278.64 Deposit after release. A person who is released under s. 278.63 (2) may make a deposit any time prior to the court appearance date. The person shall make the deposit with the clerk of the circuit court of the county in which the violation occurred.

AB926,266,22 278.65 Issuance of complaint and summons. (1) When it appears to the district attorney that a violation specified in s. 278.51 (1) has been committed the district attorney may proceed by complaint and summons.

AB926,267,2 (2) The complaint shall be prepared in the form specified in s. 278.55. After a complaint is prepared, it shall be filed with the judge and a summons shall be issued or the complaint shall be dismissed pursuant to s. 968.03. The filing commences the action.

AB926,267,7 (3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge, after conducting a hearing, may permit the filing of a complaint if he or she finds there is probable cause to believe that the person charged has committed a violation specified in s. 278.51 (1) or a rule promulgated thereunder. The district attorney shall be informed of the hearing and may attend.

AB926,267,9 278.66 Deposit. (1) If under the procedure in s. 278.62 a person is cited or arrested, the person may make a deposit as follows:

AB926,267,13 (a) By mailing the amount of money the enforcing officer directs and a copy of the citation to the office of the clerk of circuit courts in the county where the offense allegedly occurred or by going to the office of the clerk of circuit courts, the office of the sheriff, or any city, village, or town police headquarters.

AB926,267,22 (b) If the enforcing officer permits, by placing the amount of money the enforcing officer directs in a serially numbered envelope addressed to the clerk of circuit court in the county where the offense allegedly occurred, sealing the envelope, signing a statement on the back of the envelope stating the amount of money enclosed, and returning the envelope to the enforcing officer. The enforcing officer shall deliver the envelope and a copy of the citation to the office of the clerk of circuit court in the county where the offense allegedly occurred. The enforcing officer shall note on the face of the citation the serial number of the envelope used in making a deposit under this paragraph.

AB926,267,25 (1m) The enforcing officer or the person receiving the deposit may allow the alleged violator to submit a check, share draft, or other draft for the amount of the deposit or make the deposit by use of a credit card.

AB926,268,12 (2) The person receiving the deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of circuit court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time fixed in the citation he or she will be considered to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit that the court may accept. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, share draft, or other draft, the check, share draft, or other draft or a microfilm copy of the check, share draft, or other draft shall be considered a receipt. If the defendant makes the deposit by use of a credit card, the credit charge receipt shall be considered a receipt.

AB926,268,15 (3) If the court does not accept the deposit as a forfeiture for the offense, a summons shall be issued. If the defendant fails to respond to the summons, an arrest warrant shall be issued.

AB926,268,20 (4) The basic amount of the deposit shall be determined in accordance with a deposit schedule that the judicial conference shall establish. Annually, the judicial conference shall review and may revise the schedule. In addition to the basic amount determined according to the schedule, the deposit shall include costs, fees, and surcharges imposed under ch. 814.

AB926,268,23 278.67 Deposit and stipulation of no contest. (1) If under s. 278.62 a person is cited or arrested, the person may make a deposit and stipulation of no contest, and submit them in the same manner as the deposit in s. 278.66.

AB926,269,2 (2) The deposit and stipulation of no contest may be made at any time prior to the court appearance date. By signing the stipulation, the defendant is considered to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit.

AB926,269,10 (3) The person receiving the deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of circuit court regarding the disposition of the deposit, and notifying the defendant that, if the stipulation of no contest is accepted by the court, the defendant will be considered to have submitted to a forfeiture, plus costs, fees and surcharges imposed under ch. 814, not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as in s. 278.66.

AB926,269,13 (4) If the court does not accept the deposit and stipulation of no contest, a summons shall be issued. If the defendant fails to respond to the summons, an arrest warrant shall be issued.

AB926,269,16 (5) The defendant may, within 10 days after signing the stipulation or at the time of the court appearance date, move the court for relief from the effects of the stipulation, under s. 278.75 (3) (c).

AB926,269,20 278.68 Pleading. The citation or complaint issued under s. 278.62 or 278.65 may serve as the initial pleading and is adequate process to give the appropriate court jurisdiction over the person upon the filing of the citation or complaint with the court.

AB926,269,22 278.69 Motions. In a case under this subchapter, any motion that is capable of determination without the trial of the general issue shall be made before trial.

AB926,270,2 278.70 Arraignment; plea. (1) Under this subchapter, if a defendant appears in response to a citation or a summons, or is arrested and brought before a court with jurisdiction to try the case, the defendant shall be informed that he or she is entitled to a jury trial and then asked whether he or she wishes to plead. If the defendant wishes to plead, he or she may plead guilty, not guilty, or no contest.

AB926,270,4 (2) If the defendant pleads guilty or no contest under sub. (1), the court may accept the plea, find the defendant guilty, and proceed under s. 278.78.

AB926,270,8 278.71 Not guilty plea; immediate trial. Under this subchapter, if a defendant pleads not guilty, states that he or she waives the right to jury trial, and wishes an immediate trial and, if the state consents, the case may be tried immediately.

AB926,270,16 278.72 Not guilty plea. Under this subchapter, if a defendant pleads not guilty and the trial is not held under s. 278.71, the court shall set a date for trial or advise the defendant that he or she will be notified of the date set for trial. The defendant shall be released upon payment of a deposit as set forth in s. 278.66, or the court may release the defendant on his or her own recognizance. If a defendant fails to appear at the date set under this section, the court may issue a warrant under ch. 968 and, if the defendant has posted a deposit for appearance at that date, the court may order the deposit forfeited.

AB926,270,22 278.73 Discovery. In a case under this subchapter, neither party is entitled to pretrial discovery except that, if the defendant moves within 10 days after the alleged violation and shows cause therefor, the court may order that the defendant be allowed to inspect and test, under any conditions that the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed and may inspect the reports of experts relating to those devices.

AB926,270,24 278.74 Mode of trial. In a case under this subchapter, all of the following apply:

AB926,271,2 (1) The defendant shall be informed of the right to a jury trial in circuit court on payment of fees required by s. 278.77 (1).

AB926,271,4 (2) If both parties request a trial by the court or if neither demands a trial by jury, the right to a trial by jury is waived.