LRB-1580/1
PJH:cjs
2015 - 2016 LEGISLATURE
September 25, 2015 - Introduced by Representatives J. Ott, Allen, Sanfelippo,
Berceau, T. Larson, Rohrkaste, E. Brooks, Horlacher, Murphy, Edming,
Kitchens, Genrich, Kerkman, Sargent and Kooyenga, cosponsored by
Senators Darling, Nass, Carpenter and Marklein. Referred to Committee on
Criminal Justice and Public Safety.
AB352,1,5 1An Act to renumber and amend 66.0114 (1) (b); to amend 800.035 (5) (a); and
2to create 66.0114 (1) (b) 2., 66.0114 (1) (b) 3., 345.26 (1) (b) 3., 800.035 (5) (am)
3and 967.055 (2m) of the statutes; relating to: requiring persons accused of
4violating traffic laws and ordinances related to driving while intoxicated to
5appear in person in court.
Analysis by the Legislative Reference Bureau
Under current law, generally, a first violation of operating a vehicle while under
the influence of an intoxicant, with a detectable amount of a restricted controlled
substance in one's blood, or with a prohibited alcohol concentration (OWI-related
violation), is a traffic violation punishable by a civil forfeiture. Current law allows
local units of government to enact ordinances in conformity with the state traffic law
that punishes most first OWI-related offenses as a civil violation.
Under current law, a person who receives a citation for an OWI-related civil
traffic violation or who receives a citation for an ordinance in conformity with the
OWI-related traffic violation may opt to appear in court to plead not guilty to the
violation or may opt to pay the forfeiture associated with the violation and avoid an
appearance in court. Generally, a person who pays the forfeiture associated with the
violation is considered to have pled guilty or no contest to the charge.
Under this bill, a person who receives a citation for an OWI-related civil traffic
violation or who receives a citation for an ordinance in conformity therewith is
required to appear in court to plead guilty, no contest, or not guilty to the charge.

Under the bill, if the person fails to appear in court, the court is required to enter a
default judgment against the person and impose the applicable penalties, except that
the court must withhold imposing a forfeiture until the person appears in person
before the court. Under the bill, the court issues a warrant for the person's arrest so
that the person may appear before the court in order for the court to impose a
forfeiture. Additionally, under the bill, the person is required to pay a $300
surcharge that is retained by the municipal court or the clerk of circuit court to offset
the costs of holding a hearing to impose the forfeiture.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB352,1 1Section 1. 66.0114 (1) (b) of the statutes is renumbered 66.0114 (1) (b) 1. and
2amended to read:
AB352,2,133 66.0114 (1) (b) 1. Local ordinances, except as provided in this paragraph or ss.
4345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any
5or all violations under those ordinances, may designate the manner in which the
6stipulation is to be made, and may fix the penalty to be paid. When Except as
7provided in subd. 2., when
a person charged with a violation for which stipulation
8of guilt or no contest is authorized makes a timely stipulation and pays the required
9penalty, plus costs, fees, and surcharges imposed under ch. 814, to the designated
10official, the person need not appear in court and no witness fees or other additional
11costs, fees, or surcharges may be imposed under ch. 814 unless the local ordinance
12so provides. A court appearance is required for a violation of a local ordinance in
13conformity with s. 346.63 (1).
AB352,2 14Section 2. 66.0114 (1) (b) 2. of the statutes is created to read:
AB352,3,215 66.0114 (1) (b) 2. A person who is charged with a violation of a local ordinance
16in conformity with s. 346.63 (1) or (5) shall appear, in person, in court to plead guilty,

1no contest, or not guilty. A person who fails to appear, in person, in court is subject
2to arrest and to a $300 surcharge pursuant to subd. 3.
AB352,3 3Section 3. 66.0114 (1) (b) 3. of the statutes is created to read:
AB352,3,54 66.0114 (1) (b) 3. If a person who is required under subd. 2. to appear, in person,
5in court to enter a plea fails to appear in court, the court shall do all of the following:
AB352,3,86 a. Enter a default judgment against the person and impose the applicable
7penalties, except that the court shall withhold imposing a forfeiture for the violation
8until the person appears, in person, before the court.
AB352,3,109 b. Issue a warrant for the person's arrest so that the person may appear before
10the court in order for the court to impose a forfeiture for the violation.
AB352,3,1311 c. Impose a $300 surcharge on the person for his or her failure to appear. The
12surcharge may be retained by the municipal court to offset the costs of holding a
13hearing to impose the forfeiture.
AB352,4 14Section 4. 345.26 (1) (b) 3. of the statutes is created to read:
AB352,3,1815 345.26 (1) (b) 3. Subdivision 1. does not apply to a person who is charged with
16a violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith and who
17is required to appear in person pursuant to s. 66.0114 (1) (b) 2., 800.035 (5) (a), or
18967.055 (2m).
AB352,5 19Section 5. 800.035 (5) (a) of the statutes is amended to read:
AB352,3,2420 800.035 (5) (a) If a defendant is charged with a violation of an ordinance in
21conformity with s. 346.63 (1) or (5), the municipality may shall, by ordinance, require
22the defendant to appear in person before the court. The ordinance shall specify that
23a person who fails to appear in person before the court is subject to arrest and to a
24$300 surcharge pursuant to par. (am).
AB352,6 25Section 6. 800.035 (5) (am) of the statutes is created to read:
AB352,4,3
1800.035 (5) (am) If a person who is required under par. (a) to appear in person
2before the court to enter a plea fails to appear in court, the court shall do all of the
3following:
AB352,4,64 1. Enter a default judgment against the person and impose the applicable
5penalties, except that the court shall withhold imposing a forfeiture for the violation
6until the person appears in person before the court.
AB352,4,87 2. Issue a warrant for the person's arrest so that the person may appear before
8the court in order for the court to impose a forfeiture for the violation.
AB352,4,119 3. Impose a $300 surcharge on the person for his or her failure to appear. The
10surcharge may be retained by the municipal court to offset the costs of holding a
11hearing to impose the forfeiture.
AB352,7 12Section 7. 967.055 (2m) of the statutes is created to read:
AB352,4,1813 967.055 (2m) Personal appearance in court. (a) A person who is charged with
14a civil violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith shall
15appear in person in court to enter a plea of guilty, no contest, or not guilty to the
16charge. A person who fails to appear in person in court is subject to arrest and to a
17$300 surcharge pursuant to par. (b). In this subsection, "court" may mean a circuit
18court or a municipal court.
AB352,4,2019 (b) If a person who is required under par. (a) to appear in person in court to enter
20a plea fails to appear in court, the court shall do all of the following:
AB352,4,2321 1. Enter a default judgment against the person and impose the applicable
22penalties, except that the court shall withhold imposing a forfeiture for the violation
23until the person appears in person before the court.
AB352,4,2524 2. Issue a warrant for the person's arrest so that the person may appear before
25the court in order for the court to impose a forfeiture for the violation.
AB352,5,3
13. Impose a $300 surcharge on the person for his or her failure to appear. The
2surcharge may be retained by the municipal court or the clerk of circuit court to offset
3the costs of holding a hearing to impose the forfeiture.
AB352,8 4Section 8. Initial applicability.
AB352,5,65 (1) This act first applies to violations that occur on the effective date of this
6subsection.
AB352,5,77 (End)
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