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SB383, s. 131 24Section 131. 800.115 of the statutes is repealed and recreated to read:
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SB383, s. 132 12Section 132. 800.12 of the statutes is repealed and recreated to read: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
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:
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
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
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
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, s. 141 22Section 141. Initial applicability.
SB383,48,2423 (1) This act first applies to violations committed on the effective date of this
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.
SB383,49,1111 (End)