SB383,21,1917
800.02
(2) (ag) 7. Notice that the defendant may
by mail, in writing, prior to
18the court appearance
, enter a plea of not guilty
and may within 10 days after entry
19of the plea request a jury trial.
SB383, s. 61
20Section
61. 800.02 (2) (a) 8. of the statutes is renumbered 800.02 (2) (ag) 8.
SB383, s. 62
21Section
62. 800.02 (2) (a) 8m. of the statutes is repealed.
SB383, s. 63
22Section
63. 800.02 (2) (a) 9. of the statutes is renumbered 800.02 (2) (ag) 9.
SB383, s. 64
23Section
64. 800.02 (2) (a) 10. of the statutes is renumbered 800.02 (2) (ag) 10.
SB383, s. 65
24Section
65. 800.02 (2) (ag) 1m. of the statutes is created to read:
SB383,22,2
1800.02
(2) (ag) 1m. The identification of any permit issued to the defendant,
2or license number of the defendant, if applicable.
SB383, s. 66
3Section
66. 800.02 (2) (ag) 9m. of the statutes is created to read:
SB383,22,74
800.02
(2) (ag) 9m. In an action against a corporation organized under ch. 180
5or 181, or against a limited liability company organized under ch. 183, a statement
6of the corporate or company existence and whether the corporation or company is a
7domestic or foreign corporation or limited liability company.
SB383, s. 67
8Section
67. 800.02 (2) (am) of the statutes is amended to read:
SB383,22,129
800.02
(2) (am) In 1st class cities, all of the written information required under
10par. (a), except the information under par.
(a) (ag) 1. to 4.
, 9m., and 10., shall be
11printed in Spanish on a separate sheet attached to the citation or provided in Spanish
12on the citation.
SB383, s. 68
13Section
68. 800.02 (2) (b) of the statutes is amended to read:
SB383,22,1814
800.02
(2) (b) Except for parking violations, in traffic regulation actions in
15municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu
16of the citation form specified in par.
(a) (ag). In actions for violations of local
17ordinances enacted in accordance with s. 23.33 (11) (am) or 30.77, the citation form
18specified in s. 23.54 shall be used in lieu of the citation form specified in par.
(a) (ag).
SB383, s. 69
19Section
69. 800.02 (3) of the statutes is repealed.
SB383, s. 70
20Section
70. 800.025 of the statutes is amended to read:
SB383,23,5
21800.025 Amended citation and complaint. A citation or complaint under
22s. 800.02 may be amended
once as a matter of course
by the municipality prior to the
23initial appearance of the defendant.
A copy of the amended citation or complaint
24shall be served personally on the defendant or sent to the defendant by 1st class mail. 25Otherwise, the citation or complaint may be amended
only by leave of the court or
1by written consent of the defendant, upon notice and an opportunity to be heard, at
2the discretion of the court. At trial, the court may amend a citation or complaint to
3conform to the evidence. If the court amends the citation or complaint to conform to
4the evidence, the court shall allow both parties an opportunity to present evidence
5with respect to the amended citation or complaint.
SB383, s. 71
6Section
71. 800.03 of the statutes is repealed.
SB383, s. 72
7Section
72. 800.035 of the statutes is created to read:
SB383,23,10
8800.035 Initial appearance. (1) A defendant may make an initial
9appearance in person or by submitting a written response to the citation or complaint
10except when the judge has required an appearance under s. 800.02 (2) (ag) 4.
SB383,23,11
11(2) If a defendant appears in person, all of the following shall occur:
SB383,23,1212
(a) The court shall, either orally or in writing, do all of the following:
SB383,23,1413
1. Inform the defendant of each charge and explain the range of penalties for
14each charge.
SB383,23,1615
2. Inform the defendant that he or she may plead guilty, not guilty, or no contest
16or may request a continuance.
SB383,23,1817
3. Inform the defendant of the right to a jury trial on charges filed under an
18ordinance in conformity with s. 346.63 (1) or (5).
SB383,23,1919
(b) The defendant shall enter a plea or request a continuance.
SB383,23,2120
(c) If the defendant refuses to enter a plea or request a continuance, the court
21shall enter a plea of not guilty on the defendant's behalf.
SB383,23,2422
(d) If the defendant pleads guilty or no contest, the court may find the
23defendant guilty of the offense to which the plea is entered and render judgment as
24provided under s. 800.09.
SB383,24,3
1(e) If the defendant pleads not guilty and a trial is not held immediately, the
2court shall schedule the case for a pretrial conference under s. 800.045, further
3proceedings, or trial, at the discretion of the court.
SB383,24,5
4(3) If the defendant submits a written response to the citation or complaint and
5enters a plea of guilty or no contest, the court shall proceed under sub. (2) (d).
SB383,24,7
6(4) If the defendant submits a written response to the citation or complaint and
7enters a plea of not guilty, the court shall proceed under sub. (2) (e).
SB383,24,10
8(5) (a) If a defendant is charged with a violation of an ordinance in conformity
9with s. 346.63 (1) or (5), the municipality may, by ordinance, require the defendant
10to appear in person before the court.
SB383,24,1411
(b) If a person fails to make a required personal appearance under this
12subsection and the judge issues an arrest warrant, the law enforcement agency that
13filed or transmitted the uniform traffic citation shall file a detailed description of the
14warrant with the department of justice.
SB383,24,16
15(6) In all cases, a defendant may enter a plea of no contest and provide a deposit
16at any time before the initial appearance.
SB383, s. 73
17Section
73. 800.037 of the statutes is created to read:
SB383,24,24
18800.037 Deposit amount and schedule. The deposit in traffic cases shall
19be made as provided in s. 345.26. In boating cases, the deposit shall be made as
20provided in s. 23.66 and 23.67. The municipal court, with the approval of the
21governing body of the municipality, shall set the deposit schedule for all other cases.
22The deposit amount in the schedule may not exceed the maximum penalty
23established by the municipality for the offense, plus costs, fees, and surcharges
24imposed under ch. 814.
SB383, s. 74
25Section
74. 800.04 (title) of the statutes is repealed.
SB383, s. 75
1Section
75. 800.04 (1) (a) to (c) of the statutes are repealed.
SB383, s. 76
2Section
76. 800.04 (1) (d) of the statutes is renumbered 800.035 (5) (c) and
3amended to read:
SB383,25,174
800.035
(5) (c) If a defendant
charged with the violation of an ordinance which
5is in conformity with s. 346.63 (1) or (5) pleads not guilty and within 10 days after
6entry of the plea requests a jury trial and pays the required fees, the municipal judge
7shall promptly transmit all papers and fees in the cause to the clerk of the circuit
8court of the county where the violation occurred for a jury trial under s. 345.43. The
9plea of not guilty and request for jury trial may be made
by mail in writing. If the
10person refused to take a test under s. 343.305 (3) and requested a hearing under s.
11343.305 (9) to determine if the person's refusal was proper, the papers and fees
12involved in that action shall be transferred to the same circuit court, which shall
13conduct the refusal hearing.
The amount of deposit set out in the citation shall
14accompany the mailed request. Upon receipt of the request, the circuit court shall
15set a time for trial. Any deposit made personally or
by mail in writing is forfeited
16upon nonappearance at the time set for trial. The required fee for a jury is prescribed
17in s. 814.61 (4).
SB383, s. 77
18Section
77. 800.04 (1) (e) of the statutes is repealed.
SB383, s. 78
19Section
78. 800.04 (1) (f) of the statutes is repealed.
SB383, s. 79
20Section
79. 800.04 (2) (a) of the statutes is renumbered 800.035 (7) (a).
SB383, s. 80
21Section
80. 800.04 (2) (b) of the statutes is renumbered 800.035 (7) (b) and
22amended to read:
SB383,26,1223
800.035
(7) (b) If the municipal judge determines that the defendant should not
24be released under par. (a)
and the defendant is charged with a traffic or boating
25violation, the municipal judge shall release the defendant on a deposit in the amount
1established
by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66.
2For other violations, the municipal judge shall establish a deposit in an amount not
3to exceed the maximum penalty for the offense, plus costs, fees, and surcharges
4imposed under ch. 814 for the violation. If the judge in a 1st class city determines
5that a defendant appearing before the judge through interactive video and audio
6transmission should not be released under par. (a), the judge shall inform the
7defendant that he or she has the right to appear personally before a judge for a
8determination, not prejudiced by the first appearance, as to whether he or she should
9be released without a deposit. On failure of the defendant to make a deposit under
10this paragraph, he or she may be committed to jail
pending trial, for not more than
1148 hours, only if the judge finds that there is a reasonable basis to believe the person
12will not appear in court.
SB383, s. 81
13Section
81. 800.04 (2) (c) of the statutes is renumbered 800.035 (8) and
14amended to read:
SB383,27,215
800.035
(8) If the defendant
has made a deposit under par. (b) or s. 800.03 and 16does not appear,
but has made a deposit in the amount set for the violation, he or she
17is deemed to have tendered a plea of no contest and submits to a forfeiture, plus costs,
18fees, and surcharges imposed under ch. 814, not exceeding the amount of the deposit.
19The court may impose any other penalties allowed by law. The court may either
20accept the plea of no contest and enter judgment accordingly, or reject the plea and
21issue a summons. If the court finds that the violation meets the conditions in s.
22800.093 (1), the court may summon the alleged violator into court to determine if
23restitution shall be ordered under s. 800.093. If the defendant fails to appear in
24response to the summons, the court
shall may issue a warrant under s. 968.09. If the
1defendant has made a deposit but does appear, the court shall allow the defendant
2to withdraw the plea of no contest.
SB383, s. 82
3Section
82. 800.04 (2m) of the statutes is renumbered 800.035 (9) and
4amended to read:
SB383,27,145
800.035
(9) If a defendant does not appear at the initial appearance
and has
6not made a deposit in the amount set for the violation, upon proof of jurisdiction
7under s. 800.01 (2), the court may
issue a warrant to bring the defendant before the
8court. Upon proof of personal service of the summons or citation under s. 800.01 (1),
9or upon proof of service of the summons or citation under s. 801.11 (1) (b), the court
10may either enter a default judgment
by reason of the failure of a defendant to respond
11to a citation under s. 800.02 (2) (a) or a summons under s. 800.02 (4) under s. 800.09
12or issue a warrant or summons to bring the defendant before the court. If a warrant
13is issued for a defendant under this subsection, the defendant may be detained in jail
,
14for not more than 48 hours, prior to the initial appearance.
SB383, s. 83
15Section
83. 800.04 (3) of the statutes is repealed.
SB383, s. 84
16Section
84. 800.04 (4) of the statutes is repealed.
SB383, s. 85
17Section
85. 800.04 (5) of the statutes is repealed.
SB383, s. 86
18Section
86. 800.045 of the statutes is created to read:
SB383,27,21
19800.045 Pretrial conferences. (1) The municipal judge may schedule a
20pretrial conference. Upon agreement of the parties, the parties may waive a pretrial
21conference.
SB383,27,23
22(2) If the defendant does not appear at the pretrial conference, the court may
23proceed under s. 800.035 (8) or (9).
SB383,28,3
1(3) If the parties reach an agreement, the agreement shall be submitted to the
2court for the court's approval. If an agreement is not reached, or if the court does not
3approve an agreement, the court shall schedule the action for further proceedings.
SB383, s. 87
4Section
87. 800.05 (title) of the statutes is amended to read:
SB383,28,5
5800.05 (title)
Substitution or disqualification of municipal judge.
SB383, s. 88
6Section
88. 800.05 (1) of the statutes is amended to read:
SB383,28,127
800.05
(1) In cases specified in s. 800.02 (1), a person charged with a violation
8A defendant may file a written request for a substitution of a new judge for the
9municipal judge assigned to the trial of that case. The written request shall be filed
10not later than 7 days after the initial appearance in person or by an attorney. The
11municipal judge against whom a request has been filed may set initial bail and accept
12a plea of not guilty.
SB383, s. 89
13Section
89. 800.05 (2) of the statutes is repealed.
SB383, s. 90
14Section
90. 800.05 (3) of the statutes is amended to read:
SB383,29,315
800.05
(3) In municipal court, upon
Upon receipt of the written request
under
16sub. (1), the original judge shall have no further jurisdiction in the case except as
17provided in sub. (1) and except to determine if the request was made timely and in
18proper form.
If Upon such a determination, or if no determination is made within
197 days, the court shall
refer transfer the matter to the chief judge
of the judicial
20administrative district for the determination and reassignment of the action as
21necessary. If the request is determined to be proper, the case shall be transferred as
22provided in s. 751.03 (2). Upon transfer, the municipal judge shall
immediately 23transmit to the appropriate court all the
papers
records in the action
and the action
24shall proceed as if it had been commenced in that court. Upon receipt of the records,
25the new judge shall specify the court's location in which the case will be heard. In
1all such cases, the parties shall remain the same, the prosecutor of the transferring
2court shall be responsible for prosecution in the new court, and the judgment, if any,
3shall be payable to the transferring court.
SB383, s. 91
4Section
91. 800.05 (4) of the statutes is renumbered 800.05 (4) (b).
SB383, s. 92
5Section
92. 800.05 (4) (a) of the statutes is created to read:
SB383,29,126
800.05
(4) (a) If a new judge is assigned to the trial of the action, and the
7defendant has not exercised the right to substitute an assigned judge, a written
8request for the substitution of the new judge may be filed within 7 days after the
9giving of actual notice or sending of the notice of assignment to the defendant or the
10defendant's attorney. If the notice occurs within 48 hours of the trial, or if there has
11been no notification, the defendant may make an oral or written request for
12substitution prior to the commencement of the proceedings.
SB383, s. 93
13Section
93. 800.05 (5) of the statutes is created to read:
SB383,29,1514
800.05
(5) If the municipal judge disqualifies himself or herself under s. 757.19
15or SCR 60.04, the case shall be transferred under sub. (3).
SB383, s. 94
16Section
94. 800.06 (1) of the statutes is repealed and recreated to read:
SB383,29,2117
800.06
(1) If any municipal judge is to be temporarily absent or is sick or
18disabled, the municipal judge may, by written request, subject to the order of the
19chief judge of the judicial administrative district, designate another municipal judge
20from any municipality within the state to perform his or her duties for a period not
21to exceed 30 days.
SB383, s. 95
22Section
95. 800.06 (2) of the statutes is amended to read:
SB383,30,323
800.06
(2) If any municipal judge is incompetent, unable or fails to act, s. 751.03
24(2) applies. The parties and their attorneys shall be notified of the transfer to another
25judge
or to circuit court prior to trial. The judge designated or the circuit court to
1which the case is transferred may, while in possession of the court record, issue
2execution upon or give a certified transcript of any unsatisfied judgment appearing
3in the record.
SB383, s. 96
4Section
96. 800.06 (3) of the statutes is amended to read:
SB383,30,165
800.06
(3) Notwithstanding s. 751.03 (2), if there is a permanent vacancy in the
6office of municipal judge, the chief judge of the judicial administrative district may
,
7upon request by the municipal governing body, designate another municipal judge
8to perform the duties of the office until the municipal governing body fills the vacancy
9by temporary appointment under s. 8.50 (4) (fm).
The chief judge of the 1st judicial
10administrative district may designate a municipal judge under this subsection from
11any municipality within the state. The chief judge of a judicial administrative
12district other than the 1st judicial administrative district may designate a municipal
13judge under this subsection from any municipality within the same judicial
14administrative district as the chief judge. The municipal judge designated under
15this subsection may exercise all of the authority of the municipal court to which he
16or she is assigned.
SB383, s. 97
17Section
97. 800.065 (title) of the statutes is amended to read:
SB383,30,18
18800.065 (title)
Temporary reserve Reserve municipal judges; service
.
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.