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.
SB383,43,9
8(7) In addition to the procedures under this section, a municipality may enforce
9the judgment in the same manner as for a judgment in an ordinary civil action.
SB383,43,14
10(8) In addition to the procedures under this section, a municipal court may
11order the transfer of any of the defendant's money or property that the municipality
12is holding and that is unclaimed by the defendant for more than one year to pay any
13forfeitures, fees, costs, or surcharges that the defendant failed to pay the
14municipality.
SB383, s. 122
15Section
122. 800.10 (1) of the statutes is amended to read:
SB383,43,1616
800.10
(1) Fees and costs in municipal court are prescribed in
s. 814.65 ch. 814.
SB383, s. 123
17Section
123. 800.10 (2) of the statutes is amended to read:
SB383,44,218
800.10
(2) All forfeitures, fees, surcharges, and costs paid to a municipal court
19under a judgment before a municipal judge shall be
reported and paid to the
20municipal treasurer within
7 30 days after receipt of the money by
a the municipal
21judge or other court
personnel. At the time of the payment, the municipal judge shall
22report to the municipal treasurer the title of the action, the offense for which a
23forfeiture was imposed and the total amount of the forfeiture, fees, surcharges, and
24costs, if any. The treasurer shall disburse the fees as provided in
s. 814.65 (1) ch. 814.
25All jail surcharges paid to a municipal court under a judgment before a municipal
1judge shall be paid to the county treasurer within 7 days after receipt of the money
2by a municipal judge or other court personnel.
SB383, s. 124
3Section
124. 800.11 (1) (intro.) of the statutes is amended to read:
SB383,44,54
800.11
(1) (intro.) Every municipal
judge court shall keep a court record in
5which
he or she the court shall enter, in actions to which they relate:
SB383, s. 125
6Section
125. 800.11 (1) (a) of the statutes is amended to read:
SB383,44,87
800.11
(1) (a) The title of every action commenced before the municipal
judge 8court, including the name and address of the defendant;
SB383, s. 126
9Section
126. 800.11 (1) (g) of the statutes is amended to read:
SB383,44,1210
800.11
(1) (g) The judgment rendered by the municipal
judge court, including
11the penalties imposed, the date
and time of rendering judgment and the costs
12assessed in the action;
SB383, s. 127
13Section
127. 800.11 (1) (q) of the statutes is amended to read:
SB383,44,1514
800.11
(1) (q) All motions made in the action, the decision thereon and all other
15proceedings in the action which the municipal
judge
court may think useful.
SB383, s. 128
16Section
128. 800.11 (2) of the statutes is amended to read:
SB383,44,1817
800.11
(2) Failure of the municipal
judge court to keep a court record properly
18shall not affect the jurisdiction of the municipal court or render the judgment void.
SB383, s. 129
19Section
129. 800.11 (3) (c) of the statutes is amended to read:
SB383,44,2020
800.11
(3) (c) The name
, and address
and vocation of
the defendant.
SB383, s. 130
21Section
130. 800.11 (4) of the statutes is amended to read:
SB383,44,2322
800.11
(4) If the municipal judge is elected under s. 755.01 (4), the
judge court 23shall keep separate court records for each municipality.
SB383, s. 131
24Section
131. 800.115 of the statutes is repealed and recreated to read:
SB383,45,3
1800.115 Relief from judgment.
(1) A defendant may within 6 months after
2the judgment is entered move for relief from the judgment because of mistake,
3inadvertence, surprise, or excusable neglect.
SB383,45,5
4(2) Any party, including the court on its own motion, may at any time move to
5reopen the judgment under s. 806.07 (1) (c), (d), (g), or (h).
SB383,45,8
6(3) Nothing in this section shall prevent the parties from stipulating and the
7court approving the reopening of a judgment for any other reason justifying relief
8from operation of the judgment.
SB383,45,9
9(4) The court may impose costs on the motion as allowed under s. 814.07.
SB383,45,11
10(5) Upon receiving or making a motion under this section, the court shall
11provide notice to all parties and schedule a hearing on the motion.
SB383, s. 132
12Section
132. 800.12 of the statutes is repealed and recreated to read:
SB383,45,14
13800.12 Municipal court contempt procedure. (1) In this section,
14"contempt of court" means any of the following intentional acts:
SB383,45,1715
(a) Misconduct in the presence of the court that interferes with the court
16proceeding or with the administration of justice, or that impairs the respect due the
17court.
SB383,45,1818
(b) Refusal of a witness to appear without reasonable excuse.
SB383,45,20
19(2) A judge may impose a forfeiture in an amount not to exceed $200 for a
20contempt of court.
SB383,45,24
21(3) For a contempt of court described in sub. (1) (a), the judge may impose
22imprisonment in the county jail for not more than 7 days and impose a forfeiture.
23These penalties shall be imposed immediately after the contempt of court has
24occurred and only under the following conditions:
SB383,46,2
1(a) For the purpose of preserving order in the court and protecting the authority
2and dignity of the court.
SB383,46,43
(b) After allowing the person who committed the contempt of court an
4opportunity to address the court.
SB383,46,6
5(4) For a contempt of court described in sub. (1) (b), the judge may do any of the
6following:
SB383,46,87
(a) Issue a warrant to bring the witness before the court for the contempt and
8to testify.
SB383,46,109
(b) In addition to ordering the witness to pay a forfeiture under sub. (2), the
10judge may order the witness to pay all costs of the witness's apprehension.
SB383, s. 133
11Section
133. 800.13 (1) of the statutes is amended to read:
SB383,46,1412
800.13
(1) Every proceeding in which testimony is taken under oath
or
13affirmation in a municipal court shall be recorded by electronic means for purposes
14of appeal.
SB383, s. 134
15Section
134. 800.14 (1) of the statutes is amended to read:
SB383,46,2016
800.14
(1) Appeals from judgments
of municipal courts or decisions on motions
17brought under s. 800.115 may be taken by either party to the circuit court of the
18county where the offense occurred. The appellant shall appeal by giving the
19municipal judge and other party written notice of appeal within 20 days after
the 20judgment
or decision. No appeals may be taken from default judgments.
SB383, s. 135
21Section
135. 800.14 (2) of the statutes is amended to read:
SB383,47,222
800.14
(2) On appeal by the defendant, the defendant shall execute a bond
, at
23the discretion of the municipal judge, to the
municipality municipal court with or
24without surety, approved by the municipal judge, that if the judgment is affirmed in
1whole or in part the defendant shall pay the judgment and all costs awarded on
2appeal.
SB383, s. 136
3Section
136. 800.14 (3) of the statutes is amended to read:
SB383,47,64
800.14
(3) On meeting the requirements for appeal, execution on the judgment
5of the municipal court
or enforcement of the order of the municipal court shall be
6stayed until the final disposition of the appeal.
SB383, s. 137
7Section
137. 800.14 (4) of the statutes is amended to read:
SB383,47,168
800.14
(4) Upon the request of either party within 20 days after notice of appeal
9under sub. (1), or on its own motion, the circuit court shall order that a new trial be
10held in circuit court. An appeal from a judgment where a trial has been held shall
11be on the record unless, within 20 days after notice of appeal has been filed with the
12municipal court under sub. (1), either party requests that a new trial be held in
13circuit court. The new trial shall be conducted by the court without a jury unless
14either party requests a
6-person jury trial
and posts the jury fee under s. 814.61 (4) 15within 10 days after the order for a new trial.
The required fee for a jury is prescribed
16in s. 814.61 (4).
SB383, s. 138
17Section
138. 800.14 (5) of the statutes is amended to read:
SB383,48,718
800.14
(5) If there is no request or motion under sub. (4),
an or if the appeal is
19from a judgment or decision in which a trial has not been held, the appeal shall be
20based upon a review of
a transcript of the proceedings
in the municipal court. The
21municipal
judge court shall
direct that the transcript be prepared from the transmit
22to the circuit court a copy of the entire record, including any electronic recording
23created under s. 800.13 (1)
and shall certify the transcript. The costs of the transcript
24shall be paid for under s. 814.65 (5). The electronic recording and the transcript shall
25be transferred to the circuit court for review. When testimony has been recorded in
1the municipal court, the municipal court shall order the preparation of a transcript
2of the proceedings, at the cost of the appellant, from the electronic recording and shall
3certify the transcript and transmit it with the record. An appellant shall, within 20
4days after notice of appeal, submit payment of the estimated cost of the transcript,
5as determined by the municipal court, but shall be responsible for the actual cost of
6preparing the transcript. A defendant claiming an inability to pay with regard to the
7appeal fee, bond, transcript fee, or jury fee may petition the circuit court for waiver.
SB383, s. 139
8Section
139. 800.14 (6) of the statutes is amended to read:
SB383,48,129
800.14
(6) The disposition of the appeal shall be certified to the municipal court
10by the
reviewing circuit court within 30 days of the judgment of the
reviewing circuit 11court.
If the disposition requires payment of a forfeiture by the defendant, the
12forfeiture and all costs, fees, and surcharges shall be payable to the municipality.
SB383, s. 140
13Section
140. 938.237 (2) of the statutes is amended to read:
SB383,48,2114
938.237
(2) Procedures. The procedures for issuance and filing of a citation,
15and for forfeitures, stipulations, and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4),
1666.0113, 778.25, 778.26, and 800.01 to
800.04 800.035 except s.
800.04 (2) (b) 800.035
17(7) (b), when the citation is issued by a law enforcement officer, shall be used as
18appropriate, except that this chapter shall govern taking and holding a juvenile in
19custody, s. 938.37 shall govern costs, fees, and surcharges imposed under ch. 814, and
20a capias shall be substituted for an arrest warrant. Sections 66.0113 (3) (c) and (d),
2166.0114 (1), and 778.10 as they relate to collection of forfeitures do not apply.
SB383,48,2423
(1) This act first applies to violations committed on the effective date of this
24subsection.
SB383,49,5
1(2) The treatment of section 111.70 (4) (mc) 4. of the statutes first applies to
2employees who are affected by a collective bargaining agreement that contains
3provisions inconsistent with that treatment on the day on which the collective
4bargaining agreement expires or is extended, modified, or renewed, whichever
5occurs first.
SB383, s. 142
6Section
142.
Effective dates. This act takes effect on January 1, 2011, except
7as follows:
SB383,49,108
(1) The repeal and recreation of section 343.30 (5) of the statutes takes effect
9on January 1, 2011, or on the date on which the creation of section 343.165 of the
10statutes by
2007 Wisconsin Act 20 takes effect, whichever is later.