AB383: Bill Text

AB383,1071 Section 1071. 973.05 (5) (a) 1. of the statutes is amended to read:

AB383,328,23 973.05 (5) (a) 1. Upon entry of the assignment under sub. (4) (b), unless the court finds that income withholding is likely to cause the defendant irreparable harm, the court shall provide notice of the assignment by regular mail to the last-known address of the person from whom the defendant receives or will receive money. If the clerk of circuit court does not receive the money from the person notified, the court shall provide notice of the assignment to any other person from whom the defendant receives or will receive money. Notice of an assignment under sub. (4) (b) shall inform the intended recipient that, if a prior assignment under sub. (4) (b) has been received relating to the same defendant, the recipient is required to notify the clerk of circuit court that sent the subsequent notice of assignment that another assignment has already been received. A notice of assignment shall include a form permitting the recipient to designate on the form that another assignment has already been received.

AB383,1072 Section 1072. 973.05 (5) (a) 2. of the statutes is amended to read:

AB383,329,9 973.05 (5) (a) 2. If, after receiving the annual list under s. 565.30 (5r) (a), the clerk of circuit court determines that a person identified in the list may be subject to an assignment under sub. (4) (c), the clerk shall inform the court of that determination. If the court issues an order under sub. (4) (c), the clerk of circuit court shall send the notice of that order to the administrator of the lottery division of the department of revenue, including a statement of the amount owed under the judgment and the name and address of the person owing the judgment. The court shall notify the administrator of the lottery division of the department of revenue when the judgment that is the basis of the assignment has been paid in full.

AB383,1073 Section 1073. 973.05 (5) (c) of the statutes is amended to read:

AB383,329,22 973.05 (5) (c) A person who receives notice of the assignment under sub. (4) (b) shall withhold the amount specified in the notice from any money that person pays to the defendant later than one week after receipt of the notice of assignment. Within 5 days after the day on which the person pays money to the defendant, the person shall send the amount withheld to the clerk of circuit the court of the jurisdiction providing notice. If the person has already received a notice of an assignment under sub. (4) (b), the person shall retain the later assignment and withhold the amount specified in that assignment after the last of any prior assignments is paid in full. Within 10 days of receipt of the later notice, the person shall notify the clerk of circuit the court that sent the notice that the person has received a prior notice of an assignment under sub. (4) (b). Section 241.09 does not apply to assignments under this section.

AB383,1074 Section 1074. 973.05 (5) (d) of the statutes is amended to read:

AB383,330,5 973.05 (5) (d) If after receipt of notice of assignment under par. (a) 1. the person from whom the defendant receives money fails to withhold the money or send the money to the clerk of circuit court as provided in this subsection, the person may be proceeded against under the principal action under ch. 785 for contempt of court or may be proceeded against under ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.

AB383,1075 Section 1075. 973.05 (5) (e) of the statutes is amended to read:

AB383,330,11 973.05 (5) (e) If an employer who receives notice of an assignment under sub. (4) (b) fails to notify the clerk of circuit court within 10 days after an employee is terminated or otherwise temporarily or permanently leaves the employer's employment, the employer may be proceeded against under the principal action under ch. 785 for contempt of court.

AB383,1076 Section 1076. 973.055 (2) (a) of the statutes is amended to read:

AB383,330,17 973.055 (2) (a) If the surcharge is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB383,1077 Section 1077. 973.06 (1) (av) 2. a. and b. of the statutes are amended to read:

AB383,330,25 973.06 (1) (av) 2. a. The defendant was charged under s. 946.41 solely because he or she recanted a report of abusive conduct, including interspousal battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 49.165 (1) (a), 813.12 (1) (am), or 968.075 969.27 (1) (a), harassment, as defined in s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

AB383,331,8 b. The defendant was a victim of abusive conduct, including interspousal battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 49.165 (1) (a), 813.12 (1) (am), or 968.075 969.27 (1) (a), harassment, as defined in s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11, and he or she was charged under s. 946.41 based on information he or she omitted or false information he or she provided during the course of an investigation into the crime committed against him or her.

AB383,1078 Section 1078. 973.06 (1) (h) of the statutes is amended to read:

AB383,331,11 973.06 (1) (h) The cost of performance of a test under s. 968.38 968.725, if ordered by the court.

AB383,1079 Section 1079. 973.076 (2) (a) of the statutes is amended to read:

AB383,331,24 973.076 (2) (a) The district attorney of the county within which the property was seized or in which the defendant is convicted shall commence the forfeiture action within 30 days after the seizure of the property or the date of conviction, whichever is earlier, except that the defendant may request that the forfeiture proceedings be adjourned until after adjudication of any charge concerning a crime which was the basis for the seizure of the property. The request shall be granted. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the person who seized the property with the clerk of circuit court, provided service of authenticated copies of those papers is made in accordance with ch. 801 within 90 days after filing upon the person from whom the property was seized and upon any person known to have a bona fide perfected security interest in the property.

AB383,1080 Section 1080. 973.08 (5) of the statutes is amended to read:

AB383,332,2 973.08 (5) The clerk of court shall file or deliver a transcript under sub. (2), (3) or (4).

AB383,1081 Section 1081. 973.09 (2) (a) 1. b. of the statutes is amended to read:

AB383,332,5 973.09 (2) (a) 1. b. A misdemeanor that was an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a).

AB383,1082 Section 1082. 973.09 (3) (b) of the statutes is amended to read:

AB383,332,21 973.09 (3) (b) The department shall notify the sentencing court, any person to whom unpaid restitution is owed and the district attorney of the status of the ordered restitution payments unpaid at least 90 days before the probation expiration date. If payment as ordered has not been made, the court shall hold a probation review hearing prior to the expiration date, unless the hearing is voluntarily waived by the probationer with the knowledge that waiver may result in an extension of the probation period or in a revocation of probation. If the court does not extend probation, it shall issue a judgment for the unpaid restitution and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket, without fee, unless it finds that the victim has already recovered a judgment against the probationer for the damages covered by the restitution order. If the court issues a judgment for the unpaid restitution, the court shall send to the person at his or her last-known address written notification that a civil judgment has been issued for the unpaid restitution. The judgment has the same force and effect as judgments entered under s. 806.10.

AB383,1083 Section 1083. 973.09 (3) (bm) 4. of the statutes is amended to read:

AB383,333,4 973.09 (3) (bm) 4. If the court does not extend or modify the terms of probation under subd. 3., it shall issue a judgment for the unpaid fees and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket, without fee. If the court issues a judgment for the unpaid fees, the court shall send to the department a written notification that a civil judgment has been issued for the unpaid fees. The judgment has the same force and effect as judgments entered under s. 806.10.

AB383,1084 Section 1084. 973.09 (7m) (a) of the statutes is amended to read:

AB383,333,17 973.09 (7m) (a) Except as provided in s. 943.017 (3), the court may require as a condition of probation that the probationer perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction read-in crimes. An order may only apply if agreed to by the probationer and the organization or agency. The court shall ensure that the probationer is provided a written statement of the terms of the community service order and that the community service order is monitored. If the court requires the conditions provided in this subsection and sub. (4), the probationer reduces the period of confinement under sub. (4) at a rate of one day for each 3 days of work performed. A day of work equals 8 hours of work performed.

AB383,1085 Section 1085. 973.10 (2m) of the statutes is amended to read:

AB383,333,21 973.10 (2m) In any administrative hearing under sub. (2), the hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) 967.22.

AB383,1086 Section 1086. 973.135 (3) of the statutes is amended to read:

AB383,333,25 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall promptly forward to the state superintendent a certificate stating that the conviction has been reversed, set aside or vacated.

AB383,1087 Section 1087. 973.18 (title) of the statutes is renumbered 973.25 (title).

AB383,1088 Section 1088. 973.18 (1) of the statutes is renumbered 973.25 (1) and amended to read:

AB383,334,7 973.25 (1) In this section, "postconviction relief" and "sentencing" have the meanings ascribed in s. 809.30 (1) means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under s. 302.113 (7m), 302.1135, 973.195, 974.03, 974.06, or 974.07 (2).

AB383,1089 Section 1089. 973.18 (2), (3) and (4) of the statutes are renumbered 973.25 (2), (3) and (4) and amended to read:

AB383,334,13 973.25 (2) The trial judge At the time of sentencing, the court shall personally inform the defendant at the time of sentencing, orally or in writing, of the defendant's right to seek pursue postconviction relief and, if the defendant is indigent, of the defendant's right to the assistance of the state public defender.

AB383,334,21 (3) Before adjourning concluding the sentencing proceeding, the judge court shall direct the defendant and defendant's trial counsel to sign a form to be entered in the record, indicating that the lawyer trial counsel has counseled the defendant regarding the decision to seek pursue postconviction relief, and that the defendant understands that a notice of intent to pursue postconviction relief must be filed in the trial court within 20 days after sentencing for that the right to pursue postconviction relief to be preserved. The court shall give the defendant a copy of the form.

AB383,335,2 (4) The judge shall direct court shall make appropriate orders to allow the defendant's counsel defendant to confer with the defendant before signing the form, during the proceeding or as soon thereafter as practicable, and may make appropriate orders to allow the defendant to confer with counsel before being transferred to the state prison. The defendant shall be given a copy of the form.

AB383,1090 Section 1090. 973.18 (5) of the statutes is renumbered 973.25 (5).

AB383,1091 Section 1091. 973.19 (title) of the statutes is renumbered 974.03 (title).

AB383,1092 Section 1092. 973.19 (1) (a) of the statutes is renumbered 974.03 (1) (a) and amended to read:

AB383,335,11 974.03 (1) (a) A person defendant sentenced to imprisonment or the intensive sanctions program or ordered to pay a fine who has not requested the preparation of transcripts under s. 809.30 (2) may, within 90 days after the sentence or order or fine is entered imposed, move the circuit court to modify the sentence or the amount of the fine.

AB383,1093 Section 1093. 973.19 (1) (b) of the statutes is renumbered 974.03 (2) and amended to read:

AB383,335,15 974.03 (2) A person defendant who has requested transcripts under s. 809.30 (2) may move for modification of a sentence or fine under s. 809.30 (2) (h).

AB383,1094 Section 1094. 973.19 (2), (3), (4) and (5) of the statutes are renumbered 974.03 (1) (b), (c), (d) and (e) and amended to read:

AB383,335,20 974.03 (1) (b) Within 90 days after a motion under sub. (1) par. (a) is filed, the circuit court shall enter an order either determining the motion or, for cause, extending the time for doing so by not more than 90 days for cause.

AB383,335,23 (c) If an order determining a motion under sub. (1) par. (a) is not entered timely under sub. (2) par. (b), the motion shall be considered denied and the clerk of the court shall immediately enter an order denying the motion.

AB383,336,3 (d) An The rules governing civil appeals govern an appeal from an order determining a motion under sub. (1) par. (a) is governed by the procedure for civil appeals.

AB383,336,5 (e) By filing a motion under sub. (1) par. (a) the defendant waives his or her right to file an appeal or postconviction motion under s. 809.30 (2).

AB383,1095 Section 1095. 973.195 (1r) (e) of the statutes is amended to read:

AB383,336,11 973.195 (1r) (e) Notwithstanding the confidentiality of victim address information obtained under s. 302.1135 (7) (c) 302.113 (9g) (g) 3., a district attorney who is required to send notice to a victim under par. (d) may obtain from the clerk of the circuit court victim address information that the victim provided to the clerk under s. 302.1135 (7) (c). 302.113 (9g) (g) 3.

AB383,1096 Section 1096. 973.20 (1g) of the statutes is repealed.

AB383,1097 Section 1097. 973.20 (1r) of the statutes is amended to read:

AB383,337,9 973.20 (1r) When imposing sentence or ordering probation for any crime, other than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 969.27 (1) (a), for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. When imposing sentence or ordering probation for a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 969.27 (1) (a) for which the defendant was convicted or that was considered at sentencing, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime or, if the victim is deceased, to his or her estate, unless the court finds that imposing full or partial restitution will create an undue hardship on the defendant or victim and describes the undue hardship on the record. Restitution ordered under this section is a condition of probation, extended supervision, or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, extended supervision, or parole, or if the defendant is not placed on probation, extended supervision, or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785.

AB383,1098 Section 1098. 973.20 (9m) of the statutes is amended to read:

AB383,337,21 973.20 (9m) When restitution is ordered, the court shall inquire to see if recompense has been made under s. 969.13 (5) (a) 969.42. If recompense has been made and the restitution ordered is less than or equal to the recompense, the restitution shall be applied to the payment of costs and, if any restitution remains after the payment of costs, to the payment of the judgment. If recompense has been made and the restitution ordered is greater than the recompense, the victim shall receive an amount equal to the amount of restitution less the amount of recompense and the balance shall be applied to the payment of costs and, if any restitution remains after the payment of costs, to the payment of the judgment. This subsection applies without regard to whether the person who paid the recompense is the person who is convicted of the crime.

AB383,1099 Section 1099. 973.20 (11) (a) of the statutes is amended to read:

AB383,338,7 973.20 (11) (a) Except as otherwise provided in this paragraph, the restitution order shall require the defendant to deliver the amount of money or property due as restitution to the department for transfer to the victim or other person to be compensated by a restitution order under this section. If the defendant is not placed on probation or sentenced to prison, the court may order that restitution be paid to the clerk of court for transfer to the appropriate person. The court shall impose on the defendant a restitution surcharge under ch. 814 equal to 5% of the total amount of any restitution, costs, attorney fees, court fees, fines, and surcharges ordered under s. 973.05 (1) and imposed under ch. 814, which shall be paid to the department or the clerk of court for administrative expenses under this section.

AB383,1100 Section 1100. 973.20 (12) (c) of the statutes is amended to read:

AB383,338,12 973.20 (12) (c) If a defendant is subject to more than one order under this section and the financial obligations under any order total $50 or less, the department or the clerk of court, whichever is applicable under sub. (11) (a), may pay these obligations first.

AB383,1101 Section 1101. 974.02 of the statutes is amended to read:

AB383,338,23 974.02 Appeals and postconviction relief in criminal cases Direct appeals. (1) A motion for postconviction relief other than under s. 974.06 or 974.07 (2) by the defendant in a criminal case shall be made in the time and manner provided in s. 809.30. An appeal by the The defendant in a criminal case may appeal from a judgment of conviction or from an order denying a postconviction motion or from both. A direct appeal from a judgment of conviction shall be taken in the time and manner provided in ss. 808.04 (3) and 809.30. An appeal of an order or judgment on habeas corpus remanding to custody a prisoner committed for trial under s. 970.03 shall be taken under ss. 808.03 (2) and 809.50, with notice to the attorney general and the district attorney and opportunity for them to be heard to 809.32.

AB383,339,3 (2) An appellant is not required to file a postconviction motion in the trial circuit court prior to an appeal if the grounds are sufficiency of the evidence or issues previously raised.

AB383,1102 Section 1102. 974.05 (1) (intro.) of the statutes is amended to read:

AB383,339,7 974.05 (1) (intro.) Within the time period specified by s. 808.04 (4) and in the manner provided for civil appeals under chs. 808 and 809, an appeal may be taken by the state from may appeal any of the following:

AB383,1103 Section 1103. 974.05 (1) (a), (b), (c) and (d) (intro.), 1. and 2. of the statutes are amended to read:

AB383,339,12 974.05 (1) (a) Final A final order or judgment adverse to the state, whether following a trial or a plea of guilty or no contest, if the appeal would not be prohibited by constitutional protections against double jeopardy.

AB383,339,14 (b) Order An order granting postconviction relief under s. 974.02, 974.03, 974.06, or 974.07.

AB383,339,16 (c) Judgment A judgment and sentence or order of probation not authorized by law.

AB383,339,18 (d) (intro.) Order An order or judgment the substantive effect of which results in any of the following:

AB383,339,19 1. Quashing an arrest warrant;.

AB383,339,20 2. Suppressing evidence; or.

AB383,1104 Section 1104. 974.05 (2) of the statutes is amended to read:

AB383,339,24 974.05 (2) If the defendant appeals or prosecutes a writ of error, the state may move to review rulings of which it complains cross-appeal any order, judgment, or sentence described in sub. (1) (a) to (d), as provided by in s. 809.10 (2) (b).

AB383,1105 Section 1105. 974.05 (3) of the statutes is repealed.

AB383,1106 Section 1106. 974.06 (title), (1), (2) and (3) (intro.), (a), (b) and (d) of the statutes are amended to read:

AB383,340,12 974.06 (title) Postconviction Collateral postconviction procedure. (1) After At any time after the time for direct appeal or postconviction remedy provided in s. 974.02 has expired, a prisoner who is in custody under sentence of a court or a person convicted and placed with a volunteers in probation program under s. 973.11 claiming and who claims the right to be released upon the ground that the sentence was imposed in violation of the U.S. constitution or the constitution or laws of this state, that the court was without lacked jurisdiction to impose such the sentence, or that the sentence was in excess of exceeded the maximum authorized by law or is otherwise subject to collateral attack review, may move the court which imposed the sentence to vacate, set aside, or correct the sentence.

AB383,340,15 (2) A copy of the motion for such relief is a part of the original criminal action, is not a separate proceeding and may be made at any time under sub. (1) must be served on the district attorney.

AB383,340,18 (2m) A motion under sub. (1) is part of the original criminal action, is not a separate proceeding, and may be made at any time. The supreme court may prescribe the form of the motion.

AB383,340,21 (3) (intro.) Unless the motion under sub. (1) and the files and records of the action conclusively show that the person prisoner is entitled to no relief, the court shall do all of the following:

AB383,340,23 (a) Cause a copy of the notice to be served upon Order the district attorney who shall to file a written response within the time prescribed by the court.

AB383,341,3 (b) If it appears that counsel is necessary and if the defendant prisoner claims or appears to be indigent, refer the person prisoner to the appellate division of the state public defender for an indigency determination and appointment of counsel under ch. 977. The court shall forward a copy of the motion and any response of the district attorney to the state public defender.

AB383,341,11 (d) Determine the issues and make findings of fact and conclusions of law. If the court finds that it rendered the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or is otherwise open to collateral attack review, or that there has been such a denial or infringement of the constitutional rights of the person prisoner as to render the judgment vulnerable to collateral attack review, the court shall vacate and set aside the judgment aside and shall discharge the person prisoner or resentence him or her or the prisoner, grant the prisoner a new trial, or correct the sentence as may appear appropriate.

AB383,1107 Section 1107. 974.06 (4) of the statutes is amended to read:

AB383,341,20 974.06 (4) All grounds for relief available to a person prisoner under this section must be raised in his or her original, supplemental, or amended motion. Any ground finally adjudicated or not so raised, or knowingly, voluntarily , and intelligently waived in the proceeding that resulted in the conviction or sentence or in any other proceeding the person prisoner has taken to secure relief may not be the basis for a subsequent motion, unless the court finds a ground for relief asserted which that, for sufficient reason , was not asserted or was inadequately raised in the original, supplemental, or amended motion.

AB383,1108 Section 1108. 974.06 (5), (6), (7) and (8) of the statutes are amended to read:

AB383,341,25 974.06 (5) A Subject to s. 974.08, a court may entertain and determine such a motion under sub. (1) without requiring the production of the prisoner at the hearing. The court may hear the motion may be heard by telephone or live audiovisual means under s. 807.13.