SB383,7,75 302.373 (2) (a) Except as provided in par. (b), a city, village, or town may seek
6reimbursement from the prisoner for the amount paid to a county under s. 800.095
7(6) (1) (d) for the expenses incurred by the county to incarcerate the prisoner.
SB383, s. 6 8Section 6. 343.30 (5) of the statutes is amended to read:
SB383,7,189 343.30 (5) No court may suspend or revoke an operating privilege except as
10authorized by this chapter or ch. 345, 351 or 938 or s. 767.73, 800.09 (1) (c), 800.095
11(4) (b) 4. (1) (a), 943.21 (3m), or 961.50. When a court revokes, suspends or restricts
12a juvenile's operating privilege under ch. 938, the department of transportation shall
13not disclose information concerning or relating to the revocation, suspension or
14restriction to any person other than a court, district attorney, county corporation
15counsel, city, village or town attorney, law enforcement agency, or the minor whose
16operating privilege is revoked, suspended or restricted, or his or her parent or
17guardian. Persons entitled to receive this information shall not disclose the
18information to other persons or agencies.
SB383, s. 7 19Section 7. 343.30 (5) of the statutes, as affected by 2007 Wisconsin Act 20 and
202009 Wisconsin Act .... (this act) is repealed and recreated to read:
SB383,8,521 343.30 (5) No court may suspend or revoke an operating privilege except as
22authorized by this chapter or ch. 345, 351, or 938 or s. 767.73, 800.095 (1) (a), 943.21
23(3m), or 961.50. When a court revokes, suspends, or restricts a juvenile's operating
24privilege under ch. 938, the department of transportation shall not disclose
25information concerning or relating to the revocation, suspension, or restriction to any

1person other than a court, district attorney, county corporation counsel, city, village,
2or town attorney, law enforcement agency, driver licensing agency of another
3jurisdiction, or the minor whose operating privilege is revoked, suspended, or
4restricted, or his or her parent or guardian. Persons entitled to receive this
5information shall not disclose the information to other persons or agencies.
SB383, s. 8 6Section 8. 345.43 (1) of the statutes is amended to read:
SB383,8,127 345.43 (1) If a case has been transferred under s. 800.04 (1) (d) 800.035 (5) (c),
8or if in circuit court either party files a written demand for a jury trial within 10 days
9after the defendant enters a plea of not guilty under s. 345.34 and immediately pays
10the fee prescribed in s. 814.61 (4), the court shall place the case on the jury calendar
11of the circuit court. The number of jurors shall be 6. If no party demands a trial by
12jury, the right to trial by jury is permanently waived.
SB383, s. 9 13Section 9. 345.47 (1) (a) of the statutes is amended to read:
SB383,8,1614 345.47 (1) (a) That, subject to s. 800.095 (8) (1) (b), the defendant be imprisoned
15for a time specified by the court until the judgment is paid, but not to exceed 90 days;
16or
SB383, s. 10 17Section 10. 345.47 (1m) of the statutes is amended to read:
SB383,8,2218 345.47 (1m) If the action is in municipal court, the court shall determine, at
19the time of entering judgment under sub. (1), whether incarceration may be ordered
20for noncompliance with a judgment or order under this section. If incarceration may
21be ordered because of the defendant's subsequent noncompliance with the judgment,
22the provisions of s. 800.095 (1) to (3) and (4) (a) (b) apply.
SB383, s. 11 23Section 11. 565.30 (5r) (a) of the statutes is amended to read:
SB383,9,224 565.30 (5r) (a) Annually, the administrator shall provide each municipal court
25and
clerk of circuit court in the state with a list of the winners or assignees of a lottery

1prize that is payable in installments. The list shall include each winner or assignee
2since the date of the previous list.
SB383, s. 12 3Section 12. 565.30 (5r) (b) of the statutes is amended to read:
SB383,9,214 565.30 (5r) (b) Subject to par. (c), if the administrator receives a notice under
5s. 778.30 (2) (a), 800.09 (1) (c), or 973.05 (5) (a) or 778.30 (2) (a) of the assignment of
6lottery prizes under s. 778.30 (1) (c), 800.09 (1) (c), or 973.05 (4) (c) or 778.30 (1) (c)
7and determines that the person subject to the assignment is a winner or assignee of
8a lottery prize that is payable in installments, the administrator shall withhold the
9amount of the judgment that is the basis of the assignment from the next installment
10payment. The administrator shall submit the withheld amount to the court that
11issued the assignment. At the time of the submittal, the administrator shall charge
12the administrative expenses related to that withholding and submittal to the winner
13or assignee of the lottery prize and withhold those expenses from the balance of the
14installment payment. The administrator shall notify the winner or assignee of the
15reason that the amount is withheld from the installment payment. If the initial
16installment payment is insufficient to pay the judgment and administrative
17expenses, the administrator shall withhold and submit to the court an amount from
18any additional installment payments until the judgment and administrative
19expenses are paid in full and the assignment is no longer in effect. The
20administrative expenses received by the department shall be credited to the
21appropriation under s. 20.566 (1) (h).
SB383, s. 13 22Section 13. 755.001 of the statutes is renumbered 755.001 (intro.) and
23amended to read:
SB383,9,24 24755.001 Definition Definitions. (intro.) In this chapter, "judge":
SB383,9,25 25(1) "Judge" means municipal judge.
SB383, s. 14
1Section 14. 755.001 (2) of the statutes is created to read:
SB383,10,42 755.001 (2) "Judicial administrative district" means the judicial
3administrative district having the largest portion of the population in the
4jurisdiction served by the judge.
SB383, s. 15 5Section 15. 755.001 (3) of the statutes is created to read:
SB383,10,66 755.001 (3) "Records" mean all of the records subject to SCR chapter 72.
SB383, s. 16 7Section 16. 755.01 (1) of the statutes is amended to read:
SB383,10,258 755.01 (1) There is created and established in and for each city, town and
9village, a municipal court designated "Municipal Court for the ....(city, town or
10village) of ....(name of municipality)". A municipal court created under this
11subsection is a coequal branch of the municipal government, subject to the
12superintending authority of the supreme court, through the chief judge of the judicial
13administrative district.
This court shall become operative and function when the city
14council, town board, or village board adopts an ordinance or bylaw providing for the
15election of a judge and the operation and maintenance of the court , receives a
16certification from the chief judge of the judicial administrative district that the court
17meets the requirements under ss. 755.09, 755.10, 755.11, and 755.17, and provides
18written notification to the director of state courts of the adoption of the ordinance or
19bylaw
. A permanent vacancy in the office of municipal judge shall be filled under s.
208.50 (4) (fm). Any municipal court established under this section is not a court of
21record. The court shall be maintained at the expense of the municipality. After July
221, 1978, any authorized municipal court courtroom personnel not in the classified
23service shall be appointed by the municipal court judge or judges
The budget of the
24municipal court shall be separate from, or contained on a separate line item from,
25the budget or line items of all other municipal departments
.
SB383, s. 17
1Section 17. 755.01 (2) of the statutes is amended to read:
SB383,11,52 755.01 (2) The governing body may by ordinance or bylaw abolish the
3municipal court at the end of any term for which the judge has been elected or
4appointed
. The governing body may not abolish the municipal court while an
5agreement under sub. (4) is in effect.
SB383, s. 18 6Section 18. 755.01 (4) of the statutes is amended to read:
SB383,11,247 755.01 (4) Two or more cities, towns or villages of this state may enter into an
8agreement under s. 66.0301 for the joint exercise of the power granted under sub. (1),
9except that for purposes of this subsection, any agreement under s. 66.0301 shall be
10effected by the enactment of identical ordinances by each affected city, town or
11village. Electors of each municipality entering into the agreement shall be eligible
12to vote for the judge of the municipal court so established. If a municipality enters
13into an agreement with a municipality that already has a municipal court, the
14municipalities may provide by ordinance or resolution that the judge for the existing
15municipal court shall serve as the judge for the joint court until the end of the term
16or until a special election is held under s. 8.50 (4) (fm). Each municipality shall adopt
17an ordinance or bylaw under sub. (1) prior to entering into the agreement. The
18contracting municipalities need not be contiguous and need not all be in the same
19county. Upon entering into or discontinuing such an agreement, the contracting
20municipalities shall each transmit a certified copy of the ordinance or bylaw effecting
21or discontinuing the agreement to the appropriate filing officer under s. 11.02 (3e)
22and to the director of state courts. When a municipal judge is elected under this
23subsection, candidates shall be nominated by filing nomination papers under s. 8.10
24(6) (bm), and shall register with the filing officer specified in s. 11.02 (3e).
SB383, s. 19
1Section 19. 755.01 (5) of the statutes is renumbered 800.04 (1) (bm) and
2amended to read:
SB383,12,143 800.04 (1) (bm) A municipal court shall appoint a guardian ad litem or social
4worker certified or licensed under ch. 457
for any defendant that the court has reason
5to believe is mentally incompetent lacks substantial mental capacity to understand
6the proceedings or assist in his or her defense. The person appointed under this
7paragraph shall assist the court in making a determination concerning the
8defendant's mental capacity. If the court determines that the defendant lacks the
9mental capacity to understand the proceedings or assist in his or her defense, the
10court shall suspend the proceedings. The cost of the guardian ad litem or social
11worker shall be paid by the municipality or municipalities that established the court
.
12The governing body may by ordinance or bylaw authorize the appointment of a
13guardian ad litem by the municipal judge in any other matter within the jurisdiction
14of the municipal court.
SB383, s. 20 15Section 20. 755.02 of the statutes is amended to read:
SB383,12,18 16755.02 Term. The judges shall be elected at large for a term of 2 4 years unless
17a longer term, not exceeding 4 years, is provided by ordinance or bylaw
. The term
18shall commence on May 1 of the year of the judge's election.
SB383, s. 21 19Section 21. 755.03 (1) of the statutes is amended to read:
SB383,12,2520 755.03 (1) The judge shall, after election, designation or appointment, take and
21file the official oath as prescribed in s. 757.02 (1) and at the same time execute and
22file an official bond in an amount to be fixed by the governing body. The governing
23body shall pay the costs of the bond.
No judge may act as such until his or her oath
24and bond have been filed as required by s. 19.01 (4) (c) and
he or she has complied
25with
the requirements of sub. (2) have been complied with.
SB383, s. 22
1Section 22. 755.03 (2) of the statutes is amended to read:
SB383,13,112 755.03 (2) The clerk of the circuit court shall, within Within 10 days after a
3municipal judge files takes the oath and bond, execute and mail to, the judge shall
4file the oath and bond with
the clerk of the city, town or village , where the judge was
5elected, a certified copy of the bond, which shall be filed and preserved in the office
6by the city, town or village clerk. The certified copy is presumptive evidence of its
7execution by the judge and sureties
or appointed. If the municipal judge is elected
8under s. 755.01 (4), the clerk of circuit court judge shall file copies of the oath and
9bond with each applicable municipal clerk. The clerk of the circuit court judge shall
10file a certified copy of the oath with the office of director of state courts within the
1110-day time period after the judge takes the oath.
SB383, s. 23 12Section 23. 755.04 of the statutes is amended to read:
SB383,13,24 13755.04 Salary and fees. The governing body shall fix a salary for the judge
14which shall be in lieu of fees and costs. Fees and taxable costs shall be paid into the
15municipal treasury as the governing body directs
. The salary may be increased by
16the governing body before the start of the 2nd or a subsequent year of service of the
17term of the judge, but shall not be decreased during a term. The salary of a municipal
18judge who is designated or appointed under s. 8.50 (4) (fm) or 800.06 shall be
19determined by contract between the municipality and the judge. The judge may not
20serve until the contract is entered into. Salaries may be paid annually or in equal
21installments as determined by the governing body, but no judge may be paid a salary
22for any time during the term during which the judge has not executed and filed his
23or her official bond or official oath, as required by s. 755.03, and filed under s. 19.01
24(4) (c)
.
SB383, s. 24 25Section 24. 755.045 (1) (a) of the statutes is amended to read:
SB383,14,2
1755.045 (1) (a) If the action is transferred under s. 800.04 (1) 800.035 (5) (c) or
2800.05 (3) to a court of record.
SB383, s. 25 3Section 25. 755.045 (2) of the statutes is amended to read:
SB383,14,64 755.045 (2) A municipal judge may issue civil warrants to enforce matters
5which are under the jurisdiction of the municipal court, as provided in ch. 800.
6Municipal judges are also authorized to issue inspection warrants under s. 66.0119.
SB383, s. 26 7Section 26. 755.05 of the statutes is amended to read:
SB383,14,15 8755.05 Territorial jurisdiction. Every judge has countywide statewide
9jurisdiction. If elected in a city or village lying in more than one county, the judge
10shall qualify and have jurisdiction in each county, the same as though the
11municipality lay wholly therein, and may hold court in one county while exercising
12jurisdiction in the other. If elected under s. 755.01 (4) and the contracting
13municipalities lie in more than one county, the judge shall qualify and have
14jurisdiction in each county and may hold court in one county while exercising
15jurisdiction in another county
as authorized by this chapter and ch. 800.
SB383, s. 27 16Section 27. 755.06 of the statutes is amended to read:
SB383,14,20 17755.06 Sessions of court. The municipal court shall be open daily or, after
18the judge consults with the governing body,
as directed by the governing body, but
19the governing body may by ordinance or bylaw allow the judge to determine when
20the court shall be open
judge.
SB383, s. 28 21Section 28. 755.09 (1) of the statutes is amended to read:
SB383,15,222 755.09 (1) Every judge shall keep his or her office and hold court in any
23adequate facility provided by the
The governing body of the city, village, or town,
24shall provide the judge with an office or appropriate work space other than at a place

1prohibited under sub. (2). The judge may issue process or perform ministerial
2functions at any place in the county.
SB383, s. 29 3Section 29. 755.09 (2) of the statutes is amended to read:
SB383,15,84 755.09 (2) No judge may keep his or her office or hold court in any tavern, or
5in any room in which intoxicating liquors are sold, or in any room connecting
6therewith. For any violation of this section the judge shall forfeit $25 but the
7violation of the subsection does not make any order or judgment void
with a tavern
8or room in which intoxicating liquors are sold
.
SB383, s. 30 9Section 30. 755.09 (3) of the statutes is repealed.
SB383, s. 31 10Section 31. 755.10 of the statutes is amended to read:
SB383,15,19 11755.10 Employees. The judge shall in writing appoint such clerks and deputy
12clerks
personnel as are authorized by the council or board. The council or board shall
13authorize at least one clerk for each court.
Their salaries shall be fixed by the council
14or board. The hiring, termination, hours of employment, and work responsibilities
15of the court personnel, when working during hours assigned to the court, shall be
16under the judge's authority.
The clerks shall, before entering upon the duties of their
17offices, take the oath provided by s. 19.01 and give a bond if required by the council
18or board. The cost of the bond shall be paid by the municipality. Oaths and bonds
19of the clerks shall be filed with the municipal clerk.
SB383, s. 32 20Section 32. 755.11 of the statutes is amended to read:
SB383,16,3 21755.11 Papers, how kept Records. Every judge shall file and keep together
22all papers records in an action, separate from all other papers records. The judge
23shall store all records in the office of the court clerk or in another appropriate facility
24designated by the council or board. Access to the records shall be restricted to court
25personnel except as authorized by the judge or by law. Nothing in this section is

1intended to restrict the ability of counsel or parties to read the records. The purchase
2or implementation of any electronic records management system shall be approved
3by the judge
.
SB383, s. 33 4Section 33. 755.15 of the statutes is amended to read:
SB383,16,8 5755.15 Pending actions triable by court which receives books. When
6any action is pending before a judge at the time his or her office becomes vacant and
7his or her books and papers records have been delivered to the circuit court, it may
8try the action and enter judgment as though the action was begun before it.
SB383, s. 34 9Section 34. 755.16 of the statutes is amended to read:
SB383,16,14 10755.16 Continuance on vacancy; notice of trial. All actions before any
11judge undetermined or appealable when his or her office becomes vacant are
12continued until the expiration of 10 days from the time when his or her books and
13papers records were delivered to the circuit court. The court shall give 3 days' notice
14to the parties to the action.
SB383, s. 35 15Section 35. 755.17 (title) of the statutes is amended to read:
SB383,16,17 16755.17 (title) Decorum in municipal Municipal court decorum and
17facilities
.
SB383, s. 36 18Section 36. 755.17 (1) of the statutes is amended to read:
SB383,16,2119 755.17 (1) A municipal judge shall be properly attired in a robe or other suitable
20clothing when officially
wear a black robe while presiding in a municipal court except
21when exceptional circumstances exist
.
SB383, s. 37 22Section 37. 755.17 (1m) of the statutes is created to read:
SB383,16,2523 755.17 (1m) The clerk of the municipal court shall be attired in appropriate
24clothing and may not, while performing municipal court functions, wear anything
25that implies or indicates that he or she is a law enforcement officer.
SB383, s. 38
1Section 38. 755.17 (2) of the statutes is amended to read:
SB383,17,82 755.17 (2) The governing body of the city, village, or town shall provide a
3courtroom for a municipal judge shall be provided by a municipality court, which
4shall be in an adequate facility
. The courtroom shall be in a public building if a
5suitable public building is available within the municipality and shall be located in
6an area separate from the police department by design or signage
. The courtroom
7shall be designed and furnished to create and promote the proper atmosphere of
8dignity and decorum for the operation of the court.
SB383, s. 39 9Section 39. 755.17 (3) of the statutes is created to read:
SB383,17,1110 755.17 (3) All personnel employed by the court shall be located in an area
11separate and distinct from the police department.
SB383, s. 40 12Section 40. 755.17 (4) of the statutes is created to read:
SB383,17,1513 755.17 (4) Every municipal court shall have a telephone number or extension
14separate from the telephone number or extension of any other governmental
15department.
SB383, s. 41 16Section 41. 755.18 (title) of the statutes is amended to read:
SB383,17,17 17755.18 (title) Municipal judge and court clerk training.
SB383, s. 42 18Section 42. 755.18 (1) of the statutes is amended to read:
SB383,17,2019 755.18 (1) Municipal court clerks and judges shall participate in a program of
20continuing judicial education as required by the supreme court.
SB383, s. 43 21Section 43. 755.19 (2) (a) of the statutes is amended to read:
SB383,18,222 755.19 (2) (a) Under ss. 800.04 800.035 and 800.095 (4) and (5) (1), conduct
23initial appearances and receive noncontested forfeiture pleas, order the revocation
24or suspension of driving privileges and impose forfeitures, impose community service

1and restitution according to the schedule adopted by the municipal court where
2appointed, and issue dispositional and sanction orders pursuant to ch. 938.
SB383, s. 44 3Section 44. 755.21 (intro.) of the statutes is amended to read:
SB383,18,11 4755.21 Collection. (intro.) The municipal governing body or court may
5contract with a collection agency for the collection of unpaid forfeitures, assessments,
6and surcharges under s. 66.0114 (1) (a). Collection under this section may not begin
7until the court refers the case to the collection agency.
The contract shall provide that
8the collection agency shall be paid from the proceeds recovered by the collection
9agency. For each violation for which a forfeiture, assessment, or surcharge is
10imposed, the municipal court shall determine the amount to be distributed to each
11entity under s. 66.0114 (1) (bm) and (3) (b) and (c) as follows:
SB383, s. 45 12Section 45. 778.30 (1) (intro.) of the statutes is amended to read:
SB383,18,1813 778.30 (1) (intro.) In addition to the procedures under s. 23.795 or 345.47 or
14under this chapter for the collection of forfeitures, costs, assessments, surcharges,
15municipal court judgments,
or restitution payments if a defendant fails to pay the
16forfeiture, costs, assessment, surcharge, municipal court judgment, or restitution
17payment within the period specified by the circuit court, the court may do any of the
18following:
SB383, s. 46 19Section 46. 800.001 of the statutes is repealed and recreated to read:
SB383,18,20 20800.001 Definitions. In this chapter:
SB383,18,23 21(1) "Judicial administrative district" means the judicial administrative district
22having the largest portion of the population in the jurisdiction served by the
23municipal court.
SB383,19,2 24(2) "Municipality" means the city, village, or town that governs the municipal
25court, or if more than one city, village, or town has agreed jointly to establish a

1municipal court under s. 755.01, "municipality" means the city, village, or town
2where the violation occurred.
SB383, s. 47 3Section 47. 800.01 (1) (intro.) and (a) of the statutes are consolidated,
4renumbered 800.01 (1) and amended to read:
SB383,19,95 800.01 (1) In municipal court, personal jurisdiction in municipal ordinance
6violation cases and cases involving a violation of a resolution or bylaw if the
7resolution or bylaw is authorized by statute is obtained over a defendant when the
8defendant: (a) Is served with a summons and
are commenced when the complaint
9or citation and such documents are is filed with or transmitted to the court;.
SB383, s. 48 10Section 48. 800.01 (1) (b) of the statutes is repealed.
SB383, s. 49 11Section 49. 800.01 (1) (c) of the statutes is repealed.
Loading...
Loading...