AB15: Bill Text

LRB-1009/1

EVM:kjf

2019 - 2020 LEGISLATURE

2019 Assembly BILL 15

February 8, 2019 - Introduced by Representatives Ott, Horlacher, Anderson, Plumer, Quinn, Sortwell, Spiros, Wichgers, Jagler and Hutton, cosponsored by Senators Darling, Carpenter, Bernier, Jacque, Kooyenga, Larson, Marklein and Nass. Referred to Committee on Criminal Justice and Public Safety.

AB15,1,5 An Act to renumber and amend 66.0114 (1) (b); to amend 800.035 (5) (a); and to create 66.0114 (1) (b) 2., 66.0114 (1) (b) 3., 345.26 (1) (b) 3., 800.035 (5) (am) and 967.055 (2m) of the statutes; relating to: requiring persons accused of violating traffic laws and ordinances related to driving while intoxicated to appear in person in court.

Analysis by the Legislative Reference Bureau

This bill requires a person who receives a citation for a civil traffic violation related to operating while intoxicated to appear in court to respond to the charge.

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. 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 and a $300 surcharge for the person's failure to appear.

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:

AB15,1 Section 1. 66.0114 (1) (b) of the statutes is renumbered 66.0114 (1) (b) 1. and amended to read:

AB15,2,13 66.0114 (1) (b) 1. Local ordinances, except as provided in this paragraph or ss. 345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, may designate the manner in which the stipulation is to be made, and may fix the penalty to be paid. When Except as provided in subd. 2., when a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and pays the required penalty, plus costs, fees, and surcharges imposed under ch. 814, to the designated official, the person need not appear in court and no witness fees or other additional costs, fees, or surcharges may be imposed under ch. 814 unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with s. 346.63 (1).

AB15,2 Section 2. 66.0114 (1) (b) 2. of the statutes is created to read:

AB15,2,18 66.0114 (1) (b) 2. A person who is charged with a violation of a local ordinance in conformity with s. 346.63 (1) or (5) shall appear, in person, in court to plead guilty, no contest, or not guilty. A person who fails to appear, in person, in court is subject to a $300 surcharge pursuant to subd. 3.

AB15,3 Section 3. 66.0114 (1) (b) 3. of the statutes is created to read:

AB15,3,2 66.0114 (1) (b) 3. If a person who is required under subd. 2. to appear, in person, in court to enter a plea fails to appear in court, the court shall do all of the following:

AB15,3,4 a. Enter a default judgment against the person and impose the applicable penalties.

AB15,3,5 b. Impose a $300 surcharge on the person for his or her failure to appear.

AB15,4 Section 4. 345.26 (1) (b) 3. of the statutes is created to read:

AB15,3,10 345.26 (1) (b) 3. Subdivision 1. does not apply to a person who is charged with a violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith and who is required to appear in person pursuant to s. 66.0114 (1) (b) 2., 800.035 (5) (a), or 967.055 (2m).

AB15,5 Section 5. 800.035 (5) (a) of the statutes is amended to read:

AB15,3,16 800.035 (5) (a) If a defendant is charged with a violation of an ordinance in conformity with s. 346.63 (1) or (5), the municipality may shall, by ordinance, require the defendant to appear in person before the court. The ordinance shall specify that a person who fails to appear in person before the court is subject to a $300 surcharge pursuant to par. (am).

AB15,6 Section 6. 800.035 (5) (am) of the statutes is created to read:

AB15,3,20 800.035 (5) (am) If a person who is required under par. (a) to appear in person before the court to enter a plea fails to appear in court, the court shall do all of the following:

AB15,3,22 1. Enter a default judgment against the person and impose the applicable penalties.

AB15,3,23 2. Impose a $300 surcharge on the person for his or her failure to appear.

AB15,7 Section 7. 967.055 (2m) of the statutes is created to read:

AB15,4,6 967.055 (2m) Personal appearance in court. (a) A person who is charged with a civil violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith shall appear in person in court to enter a plea of guilty, no contest, or not guilty to the charge. A person who fails to appear in person in court is subject to a $300 surcharge pursuant to par. (b). In this subsection, “court" may mean a circuit court or a municipal court.

AB15,4,8 (b) If a person who is required under par. (a) to appear in person in court to enter a plea fails to appear in court, the court shall do all of the following:

AB15,4,10 1. Enter a default judgment against the person and impose the applicable penalties.

AB15,4,11 2. Impose a $300 surcharge on the person for his or her failure to appear.

AB15,8 Section 8. Initial applicability.

AB15,4,14 (1) This act first applies to violations that occur on the effective date of this subsection.

AB15,4,15 (End)