SB383, s. 98 19Section 98. 800.065 (1) of the statutes is amended to read:
SB383,30,2420 800.065 (1) Definitions. In this section, "temporary reserve municipal judge"
21means a former municipal judge for a municipal court for any municipality within
22the judicial administrative district
who has complied with s. 755.03 and is appointed
23by the chief judge of that the former municipal judge's judicial administrative district
24to perform such specified duties on a day-by-day basis as the chief judge may direct.
SB383, s. 99 25Section 99. 800.065 (3) of the statutes is amended to read:
SB383,31,5
1800.065 (3) Compensation. Notwithstanding s. 755.04, temporary reserve
2municipal judges under this section shall receive compensation in an amount agreed
3to by contract between the municipality and the temporary reserve municipal judge.
4The judge may not serve until the contract is entered into and the judge has complied
5with s. 755.03.
SB383, s. 100 6Section 100. 800.065 (4) of the statutes is amended to read:
SB383,31,87 800.065 (4) Training. All persons serving as temporary reserve municipal
8judges under this section are subject to s. 755.18.
SB383, s. 101 9Section 101. 800.07 of the statutes is amended to read:
SB383,31,1810 800.07 Neither party is entitled to pretrial discovery in any action in municipal
11court, including refusal hearings held by a municipal court under s. 343.305 (9),
12except that if the defendant moves within 30 days after the initial appearance in
13person or by an attorney and shows cause therefor
for pretrial discovery in person
14or by an attorney at least 20 days before trial, unless the court orders a different
15amount of time for good cause
, the court may order that the defendant be allowed to
16inspect documents, including lists of names and addresses of witnesses, if available,
17and to test under s. 804.09, under such conditions as the court prescribes, any devices
18used by the plaintiff to determine whether a violation has been committed.
SB383, s. 102 19Section 102. 800.08 (1) of the statutes is amended to read:
SB383,32,320 800.08 (1) In a At trial before a municipal court, the municipality may the
21plaintiff shall
provide a prosecutor who is an attorney authorized or licensed to
22practice law in this state. The municipality plaintiff shall first offer evidence in
23support of the citation or complaint. The defendant may offer evidence after the
24municipality plaintiff has rested. If the municipality plaintiff and the defendant
25have offered evidence upon the citation or complaint, the parties may then

1respectively offer rebuttal testimony only, unless the court permits them to offer
2evidence upon their original case. Both parties shall have the opportunity to
3question all witnesses.
SB383, s. 103 4Section 103. 800.08 (2) (a) of the statutes is amended to read:
SB383,32,85 800.08 (2) (a) Before testifying in a municipal court, every witness shall be
6required to declare that he or she will testify truthfully, by oath or affirmation
7administered in a form calculated to awaken his or her conscience and impress the
8witness with the duty to testify truthfully.
SB383, s. 104 9Section 104. 800.08 (2) (b) of the statutes is amended to read:
SB383,32,1310 800.08 (2) (b) The oath may be administered by the municipal judge or his or
11her designee substantially in the following form: Do you solemnly swear that the
12testimony you shall give in this matter shall be the truth, the whole truth and
13nothing but the truth, so help you God.
SB383, s. 105 14Section 105. 800.08 (3) of the statutes is amended to read:
SB383,32,1815 800.08 (3) The standard of proof for conviction of any person charged with
16violation of any municipal ordinance, bylaw or resolution specified in s. 800.02 (1)
17shall be evidence that is clear, is satisfactory, and convincing convinces the judge to
18a reasonable certainty
.
SB383, s. 106 19Section 106. 800.08 (4) of the statutes is amended to read:
SB383,32,2120 800.08 (4) Except as provided in s. 938.17 (2) (h) 3., municipal courts the court
21shall be bound by the rules of evidence specified in chs. 901 to 911.
SB383, s. 107 22Section 107. 800.085 of the statutes is created to read:
SB383,32,25 23800.085 Telephone and audiovisual proceedings. At any proceeding
24under this chapter, a party, witness, or interpreter may appear by telephone or by
25audiovisual means if any of the following apply:
SB383,33,1
1(1) The parties so stipulate and the court approves.
SB383,33,3 2(2) The court finds good cause after considering the factors under s. 807.13 (2)
3(c).
SB383, s. 108 4Section 108. 800.09 (title) of the statutes is amended to read:
SB383,33,5 5800.09 (title) Judgment; failure to appear; plea of guilty.
SB383, s. 109 6Section 109. 800.09 (1) (intro.) of the statutes is renumbered 800.09 (1b)
7(intro.) and amended to read:
SB383,33,108 800.09 (1b) Judgment. (intro.) If a municipal the court finds a defendant guilty,
9it the court may render judgment by ordering restitution under s. 800.093 and
10payment of a
any of the following:
SB383,33,11 11(a) A forfeiture, plus costs, fees, and surcharges imposed under ch. 814.
SB383,33,15 12(1d) The court shall apply any payment received on a judgment that includes
13restitution to first satisfy any payment of restitution ordered, then to pay the
14forfeiture, costs, fees, and surcharges. If the judgment is not paid, the court may
15proceed under par. (a), (b), or (c) or any combination of those paragraphs, as follows:
SB383, s. 110 16Section 110. 800.09 (1) (a) of the statutes, as affected by 2009 Wisconsin Act
1717
, is renumbered 800.09 (1g) and amended to read:
SB383,34,918 800.09 (1g) The court may defer payment of any judgment or provide for
19installment payments. At the time that the judgment is rendered, the court shall
20inform the defendant, orally and in writing, of the date by which restitution and the
21payment of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814,
22must be made, and of the possible consequences of failure to do so in timely fashion,
23including imprisonment, as provided in s. 800.095, or suspension of the defendant's
24motor vehicle operating privilege, as provided in par. sub. (1b) (c), if applicable. In
25addition, the court shall inform the defendant, orally and in writing, that the

1defendant should notify the court if he or she is unable to pay the judgment because
2of poverty, as that term is used in s. 814.29 (1) (d). If the defendant is not present,
3the court shall ensure that the information is sent to the defendant by mail. If the
4defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines
5that the defendant is unable to pay the judgment because of poverty, the court shall
6provide the defendant with an opportunity to pay the judgment in installments,
7taking into account the defendant's income. In 1st class cities, all of the written
8information required by this paragraph subsection shall be printed in English and
9Spanish and provided to each defendant.
SB383, s. 111 10Section 111. 800.09 (1) (b) of the statutes is renumbered 800.09 (1j) and
11amended to read:
SB383,35,212 800.09 (1j) If the court orders the defendant agrees to perform community
13service work in lieu of making restitution or of paying the forfeiture, assessments
14surcharges, fees and costs, or both, the court may order that the defendant perform
15community service work for a public agency or a nonprofit charitable organization
16that is designated approved by the court and agreed to by the public agency or
17nonprofit charitable organization
. Community service work may be in lieu of
18restitution only if also agreed to by the public agency or nonprofit charitable
19organization and
by the person to whom restitution is owed. The court may utilize
20any available resources, including any community service work program, in ordering
21the defendant to perform community service work.
The number of hours of
22community service work required may not exceed the number determined by
23dividing the amount owed on the forfeiture by the minimum wage established under
24ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure

1that the defendant is provided a written statement of the terms of the community
2service order and that the community service order is monitored.
SB383, s. 112 3Section 112. 800.09 (1) (c) of the statutes is repealed.
SB383, s. 113 4Section 113. 800.09 (1b) (b), (c), (d) and (e) of the statutes are created to read:
SB383,35,55 800.09 (1b) (b) Community service work.
SB383,35,66 (c) An operating privilege suspension or revocation if authorized by law.
SB383,35,77 (d) Other dispositions authorized by law.
SB383,35,88 (e) For juveniles, dispositions authorized under s. 938.17 (2).
SB383, s. 114 9Section 114. 800.09 (2) of the statutes is repealed.
SB383, s. 115 10Section 115. 800.093 (1) (intro.) of the statutes is amended to read:
SB383,35,1411 800.093 (1) (intro.) The municipal court, in addition to ordering any payment
12authorized by law, may order a defendant to make full or partial restitution under
13this section
to any victim or, if the victim is deceased, to his or her estate if the court
14finds all of the following:
SB383, s. 116 15Section 116. 800.093 (1) (a) of the statutes is amended to read:
SB383,35,1916 800.093 (1) (a) The defendant is guilty of violating an a nontraffic ordinance
17that prohibits conduct that is the same as or similar to conduct prohibited by state
18statute punishable by fine or imprisonment or both
or an ordinance authorizing
19restitution under s. 346.65 (2r)
.
SB383, s. 117 20Section 117. 800.093 (2) of the statutes is amended to read:
SB383,36,221 800.093 (2) Restitution ordered under this section is enforceable in a civil
22action by the victim named in the order to receive restitution. A court may not order
23a defendant to pay more than $4,000 the amount specified in s. 799.01 (1) (d) in
24restitution under this section. This $4,000 limit does not apply to restitution ordered

1for violation of an ordinance that prohibits conduct that is the same as or similar to
2the conduct prohibited by s. 943.24 or 943.50.
SB383, s. 118 3Section 118. 800.093 (3) (b) (intro.) of the statutes is amended to read:
SB383,36,74 800.093 (3) (b) (intro.) If return of the property under par. (a) is impossible,
5impractical or inadequate, pay the owner or owner's designee, subject to the $4,000
6limit in sub. (2), the reasonable repair or replacement cost or the greater of the
7following:
SB383, s. 119 8Section 119. 800.093 (4) (intro.) of the statutes is amended to read:
SB383,36,119 800.093 (4) (intro.) If the violation resulted in physical injury, the restitution
10order may require that the defendant do one or more of the following, subject to the
11$4,000 limit in sub. (2):
SB383, s. 120 12Section 120. 800.093 (5) (intro.) of the statutes is amended to read:
SB383,36,1413 800.093 (5) (intro.) The restitution order may require that the defendant do one
14or more of the following, subject to the $4,000 limit in sub. (2):
SB383, s. 121 15Section 121. 800.095 of the statutes, as affected by 2009 Wisconsin Act 17, is
16repealed and recreated to read:
SB383,36,19 17800.095 Nonpayment of monetary judgment. (1) If the defendant fails to
18pay a monetary judgment ordered by the court, the court may order any one of the
19following, or any combination of the following, except as provided in sub. (3):
SB383,36,2220 (a) Suspension of the defendant's operating privilege until the defendant pays
21the judgment, but not to exceed 2 years. If the court orders suspension under this
22paragraph, all of the following apply:
SB383,37,223 1. The court shall notify the department of transportation of the suspension for
24failure to pay the judgment. If the defendant pays the judgment, the court shall

1notify the department of transportation of the payment within 7 days in the form and
2manner prescribed by the department.
SB383,37,63 2. The court may order the suspension concurrent or consecutive to any other
4suspensions or revocations. If the court fails to specify whether the suspension is
5consecutive or concurrent, the department of transportation shall implement the
6suspension concurrent with any other suspensions or revocations.
SB383,37,97 3. If the judgment remains unpaid at the end of the 2-year suspension, the
8court may not order a further suspension of operating privileges in relation to the
9outstanding judgment.
SB383,37,1110 4. Serving the complete 2-year suspension of the defendant's operating
11privilege does not relieve the defendant of the responsibility to pay the judgment.
SB383,37,1712 5. During the period of operating privilege suspension under this paragraph,
13the defendant may request the court to reconsider the order of suspension based on
14an inability to pay the judgment. The court shall consider the defendant's request.
15The court may withdraw the suspension and grant the defendant further time to pay
16or withdraw the suspension and order one or more other sanctions set forth in this
17subsection.
SB383,37,2118 6. This paragraph does not apply if the judgment was entered solely for a
19violation of an ordinance unrelated to the violator's operation of a motor vehicle
20unless the judgment is ordered under ch. 938. Nonmoving traffic offenses, as defined
21in s. 345.28 (1) (c), are related to the violator's operation of a motor vehicle.
SB383,37,2422 (b) 1. That the defendant be imprisoned until the forfeiture, assessments,
23surcharge, and costs are paid. If the court orders imprisonment under this
24subdivision, all of the following apply:
SB383,38,4
1a. The maximum period of imprisonment shall be 90 days for any one judgment,
2and the defendant shall receive credit against the amount owed at the rate of at least
3$50 for each day of imprisonment, including imprisonment following an arrest but
4prior to the court making a finding under subd. 2.
SB383,38,75 b. The court may impose a term of imprisonment under this subdivision that
6is either concurrent with or consecutive to any other term of imprisonment imposed
7at the same time or any term of imprisonment imposed by any court.
SB383,38,98 2. No defendant may be imprisoned under subd. 1. unless the court makes one
9of the following findings:
SB383,38,1410 a. Either at sentencing or thereafter, that the defendant has the ability to pay
11the judgment within a reasonable time. If a defendant meets the criteria in s. 814.29
12(1) (d), the defendant shall be presumed unable to pay under this subsection and the
13court shall either suspend or extend payment of the judgment or order community
14service.
SB383,38,1615 b. The defendant has failed, without good cause, to perform the community
16service authorized under this subsection or s. 800.09.
SB383,38,1917 c. The defendant has failed to attend an indigency hearing offered by the court
18to provide the defendant with an opportunity to determine whether he or she has the
19ability to pay the judgment.
SB383,38,2220 d. The defendant has failed, without good cause, to complete an assessment or
21treatment program related to alcohol or drugs that was ordered in lieu of a monetary
22forfeiture.
SB383,39,223 3. The defendant shall be committed to a jail or a house of correction in the
24county in which the cause of action arose. The defendant shall be eligible for

1privileges under s. 303.08. The municipality shall pay the expenses incurred by the
2county to imprison the defendant.
SB383,39,43 (c) 1. In this paragraph, "employer" includes the state and the political
4subdivisions of the state.
SB383,39,95 2. Assignment to the municipal court of not more than 25 percent of the
6defendant's commissions, earnings, salaries, wages, pension benefits unless
7otherwise exempt, benefits under ch. 102, and other money due or to be due to the
8defendant, including lottery prizes, for payment of the unpaid forfeiture, costs,
9surcharge, fees, or restitution.
SB383,39,2210 3. Upon entry of the assignment under subd. 2., unless the court finds that
11income withholding is likely to cause the defendant irreparable harm, the court shall
12provide notice of the assignment by regular mail to the last-known address of the
13person from whom the defendant receives or will receive money. If the municipal
14court does not receive the money from the person notified, the court shall provide
15notice of the assignment to any other person from whom the defendant receives or
16will receive money. Notice of an assignment under subd. 2. shall inform the intended
17recipient that, if a prior assignment under subd. 2. or s. 778.30 (1) or 973.05 (4) has
18been received relating to the same defendant, the recipient is required to notify the
19municipal court that sent the subsequent notice of assignment that another
20assignment has already been received. A notice of assignment shall include a form
21permitting the recipient to designate on the form that another assignment has
22already been received.
SB383,40,523 4. If, after receiving the annual list under s. 565.30 (5r) (a), the municipal court
24determines that a person identified in the list may be subject to an assignment under
25subd. 2., the court shall send the notice of that order to the administrator of the

1lottery division of the department of revenue, including a statement of the amount
2owed under the judgment and the name and address of the person owing the
3judgment. The municipal court shall notify the administrator of the lottery division
4of the department of revenue when the judgment that is the basis of the assignment
5has been paid in full.
SB383,40,76 5. Notice under this paragraph may be a notice of the court, a copy of the
7executed assignment or a copy of that part of the court order that directs payment.
SB383,40,118 6. For each payment made under the assignment under subd. 2., the person
9from whom the defendant under the order receives money shall receive an amount
10equal to the person's necessary disbursements, not to exceed $3, which shall be
11deducted from the money to be paid to the defendant.
SB383,40,2312 7. A person who receives notice of the assignment under this paragraph shall
13withhold the amount specified in the notice from any money that person pays to the
14defendant later than one week after receipt of the notice of assignment. Within 5
15days after the day on which the person pays money to the defendant, the person shall
16send the amount withheld to the municipal court of the jurisdiction providing notice.
17If the person has already received a notice of an assignment under this paragraph
18or s. 778.30 (2) or 973.05 (5), the person shall retain the later assignment and
19withhold the amount specified in that assignment after the last of any prior
20assignments is paid in full. Within 10 days of receipt of the later notice, the person
21shall notify the municipal court that sent the notice that the person has received a
22prior notice of an assignment under subd. 2. Section 241.09 does not apply to
23assignments under this section.
SB383,41,524 8. If after receipt of notice of assignment under this paragraph the person from
25whom the defendant receives money fails to withhold the money or send the money

1to the municipal court as provided in this paragraph, the person may be proceeded
2against under the principal action under s. 800.12 for contempt of court or may be
3proceeded against under ch. 778 and be required to forfeit not less than $50 nor more
4than an amount, if the amount exceeds $50, that is equal to 1 percent of the amount
5not withheld or sent.
SB383,41,106 9. If an employer who receives notice of an assignment under this paragraph
7fails to notify the municipal court within 10 days after an employee is terminated or
8otherwise temporarily or permanently leaves the employer's employment, the
9employer may be proceeded against under the principal action under s. 800.12 for
10contempt of court.
SB383,41,1411 10. Compliance by the person from whom the defendant receives money with
12the order operates as a discharge of the person's liability to the defendant as to that
13portion of the defendant's commission, earnings, salaries, wages, benefits, or other
14money so affected.
SB383,41,2215 11. No employer may use an assignment under subd. 2. as a basis for the denial
16of employment to a defendant, the discharge of an employee, or any disciplinary
17action against an employee. An employer who denies employment or discharges or
18disciplines an employee in violation of this subdivision may be fined not more than
19$500 and may be required to make full restitution to the aggrieved person, including
20reinstatement and back pay. Restitution shall be in accordance with s. 973.20. An
21aggrieved person may apply to the district attorney or to the department of workforce
22development for enforcement of this subdivision.
SB383,41,2323 12. a. In this subdivision, "payroll period" has the meaning given in s. 71.63 (5).
SB383,42,424 b. If after an assignment is in effect the defendant's employer changes its
25payroll period, or the defendant changes employers and the new employer's payroll

1period is different from the former employer's payroll period, the municipal court
2may amend the withholding assignment or order so that the withholding frequency
3corresponds to the new payroll period and the amounts to be withheld reflect the
4adjustment to the withholding frequency.
SB383,42,75 13. The municipal court shall provide notice of the amended withholding
6assignment or order under subd. 12. by regular mail to the defendant's employer and
7to the defendant.
SB383,42,188 (d) That the defendant perform community service work for a public agency or
9nonprofit charitable organization approved by the court and agreed to by the agency
10or nonprofit charitable organization. If the community service work is in lieu of
11restitution, then the person to whom restitution is owed must agree; the defendant
12shall be given credit at the rate of not less than the minimum wage established under
13ch. 104 for adults in nonagriculture, nontipped employment for each one hour of
14community service completed. The defendant shall be given a written statement of
15the community service order. Nothing in this paragraph makes the defendant an
16employee or agent of the court or the municipality. The defendant shall be
17responsible for providing the court with proof that the community service hours have
18been completed.
SB383,42,20 19(2) At any time prior to imprisonment under sub. (1) (b), the defendant may
20request a review of any findings made under sub. (1) (b) 2.
SB383,42,23 21(3) Subsection (1) (a) and (b) does not apply to orders for restitution under s.
22800.093 or in cases where service of the summons and complaint or citation is made
23by mail as authorized in s. 800.01 (2) (e).
SB383,43,3
1(4) The court may, at any time, authorize payment of the monetary judgment
2by installment payments, or may modify, suspend, or permanently stay the monetary
3judgment.
SB383,43,5 4(5) The court may employ a collection company to collect the judgment under
5s. 755.21.
SB383,43,7 6(6) The court or collection company may obtain payment through a setoff
7against the defendant's tax refund under s. 71.935.
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